Vol. 669 Tuesday, No. 2 2 December 2008

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Tuesday, 2 December 2008.

Ceisteanna—Questions Taoiseach ………………………………… 171 Minister for Communications, Energy and Natural Resources Priority Questions …………………………… 180 Other Questions …………………………… 191 Estimates for Public Services 2008: Message from Select Committee …………… 199 Adjournment Debate Matters …………………………… 199 Leaders’ Questions ……………………………… 199 Requests to move Adjournment of Da´il under Standing Order 32 ……………… 203 Order of Business ……………………………… 204 Human Rights Commission (Amendment) Bill 2008: First Stage ……………… 211 Regional Fisheries Boards: Motion ………………………… 211 Ombudsman (Amendment) Bill 2008: Order for Second Stage …………………………… 212 Second Stage ……………………………… 212 Referral to Select Committee ………………………… 229 Nursing Homes Support Scheme Bill 2008: Second Stage (resumed) …………… 229 Private Members’ Business Agriculture: Motion …………………………… 233 Adjournment Debate Redundant Apprentices …………………………… 257 Leaving Certificate Technology Programme …………………… 258 School Staffing ……………………………… 260 Questions: Written Answers …………………………… 265 DA´ IL E´ IREANN

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De´ Ma´irt, 2 Nollaig 2008. Tuesday, 2 December 2008.

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

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Paidir. Prayer.

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Ceisteanna — Questions.

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Agreements with Members. 1. Deputy Enda Kenny asked the Taoiseach the nature of the agreement between the Government and Deputy Jackie Healy-Rae; and if he will make a statement on the matter. [29487/08]

2. Deputy Enda Kenny asked the Taoiseach the nature of the agreement between the Government and Deputy Michael Lowry; and if he will make a statement on the matter. [29488/08]

3. Deputy Enda Kenny asked the Taoiseach the nature of the agreement between the Government and Deputy Finian McGrath; and if he will make a statement on the matter. [29489/08]

4. Deputy Enda Kenny asked the Taoiseach the arrangements in place in his office for providing special assistance to certain Independent Members of Da´il E´ ireann; and if he will make a statement on the matter. [29490/08]

5. Deputy Eamon Gilmore asked the Taoiseach the arrangements in place for providing assistance to certain Independent Members of Da´il E´ ireann; the Members who benefit from this arrangement; and if he will make a statement on the matter. [32378/08]

6. Deputy Caoimhghı´nO´ Caola´in asked the Taoiseach the changes that have occurred in arrangements between the Government and the Independent Deputies of Da´il E´ ireann; and if he will make a statement on the matter. [37597/08]

The Taoiseach: I propose to take Questions Nos. 1 to 6, inclusive, together. These are political agreements that my predecessor entered into as leader of the Fianna Fa´il Party with individual Independent Deputies. I have confirmed to those Deputies concerned that I will continue to implement those agreements. The House is aware such agreements have existed for over 11 years. The House is also aware of the decision taken by Deputy Finian McGrath to withdraw from his agreement. 171 Ceisteanna — 2 December 2008. Questions

[The Taoiseach.]

The agreements are confidential but they are, as always, based on the programme for Government which incorporates the national development plan, approved Government prog- rammes and annual Estimates for capital and current expenditure. I have continued the practice whereby a staff member in my office assists the Government Chief Whip’s office in its work in liasing with these Deputies. This official meets with these Deputies on a regular basis and arranges to keep them briefed on issues as they arise. The official dealing with the Deputies is an assistant principal and he assists the Chief Whip in this matter.

Deputy Enda Kenny: I am glad to see we are graced with the presence of a Green Minister today; it is most unusual. I welcome the Minister for the Environment, Heritage and Local Government, Deputy John Gormley.

Deputy John Gormley: I thank the Deputy.

Deputy Enda Kenny: He is reflecting on Ringsend today. As I understand it there was a specific agreement with the Independent Members of the House, including Deputy Finian McGrath, who is not here now. He seems to have withdrawn his support for the Government so is the agreement that was in place with him now withdrawn? Does it stand or have any relevance? What is the arrangement that now applies between the Government and the remaining Inde- pendents? Is there a weekly meeting, how many officials attend that meeting, if so, and is there a prescriptive list being followed from the documents that are supposed to be worth millions?

The Taoiseach: As I outlined in my initial reply, Deputy Finian McGrath has withdrawn from the agreement on the basis that he can no longer formally offer support to the Government.

Deputy Enda Kenny: His agreement has ended.

The Taoiseach: It is not being worked through on the basis of his own decision to withdraw support from the Government.

Deputy Enda Kenny: Fair enough.

The Taoiseach: That was the basis on which it was provided. I am sure he will continue to make representations and seek to obtain benefits for his constituency as he is entitled to, like any other Member. There is a liaison arrangement, as I have said, with the Chief Whip, who is assisted by a person from my office in dealing with other Independents who support the Government, and they meet from time to time as required.

Deputy Enda Kenny: In the case of Deputies Healy-Rae or Lowry, for example, does the Whip meet with both Independent Deputies on a weekly basis, together with somebody from the Taoiseach’s office? Is that a good use of a public servant’s time? These are so-called secret deals that nobody knows anything about except the Government, the Whip and the person from the Taoiseach’s office. Are these meetings a progress report on road X or project Y? Is that the kind of format the Whip and the person from the Taoiseach’s office goes through in order to see that the Independents in question are kept comfortable?

The Taoiseach: As I stated in both my original reply and the supplementary, there is a liaison arrangement so the Chief Whip, as he would with Members from all parties, has ongoing contact with regard to the business of the House and any other issues arising that would be of 172 Ceisteanna — 2 December 2008. Questions interest to the people who support the Government. The arrangements and contacts are infor- mal and could take the form of a meeting, phone call or other form of contact.

Deputy Enda Kenny: I have a final point. The Taoiseach rightly states that every Deputy is entitled to make representations. Is there any priority accorded to these Independent Deputies in representations they make, along with other Deputies from the Government side, with regard to particular projects or issues that may arise in constituencies from time to time? Is the effect of the meetings with the Whip and the person from the Taoiseach’s office to accord the Independents any priority over Deputies on the Government backbenches or those in other parts of the House who make perfectly legitimate representations?

The Taoiseach: In his dealings, the Chief Whip extends courtesy to all Members. Those who support the Government get his particular attention.

Deputy Joan Burton: The Taoiseach referred to an official in his Department assisting the Independent Deputies and their special arrangement with the Government. I understand, from previous replies, the person is at the level of assistant principal officer. An assistant principal officer is on the same scale as a Deputy and would earn up to \100,000 a year. I understand the person spends much time minding the Independent Deputies but even if only a third of his or her time was used in this way, in current economic conditions, when the Government is withdrawing foreign language support teachers etc. and when the Estimates have hit various elements of service very severely, how can this be justified? Surely they could mind themselves. They hardly need the ministrations, for however long, of an assistant principal officer. As regards the economic situation, the Taoiseach said he would take whatever steps are necessary and whatever temporary adjustments are required. The Taoiseach has deals with the Independent Deputies and when Deputy Finian McGrath was in that category it amounted to tens of millions of euro. We have been told, for instance, that extra officials are being deployed to the Equality Authority in Roscrea. Has the fact that we are facing very difficult economic times meant any reduction in the cost of the deals the Taoiseach has done with Independent Deputies? Given the serious economic situation we now find ourselves in, has there been any variation in their part of the programme for Government that is to be implemented at constituency level?

The Taoiseach: As I said in the reply, there is an assistant principal officer who, in the course of the duties he undertakes, helps to liaise with Independent Deputies as required. On the question of agreements with them concerning their support for the Government, as I pointed out here last week, all commitments are predicated on the overriding consideration of trying to ensure that we maintain healthy public finances. As we know, there has been a sharp deter- ioration in the public finance position over the past 12 months in the context of the contraction that has taken place in the international economy generally, which is having its effect here. is a very open economy, which depends on the demand for exports of goods and services in order to provide revenue, jobs and investment. Priorities must, of course, be estab- lished in respect of all aspects of Government administration. That must continue to be the case in the months and years ahead as we try to work our way through this particularly difficult period. The political agreements which have been reached with Deputies who support the Government are also dealt with in that context.

Deputy Joan Burton: The Taoiseach and his Minister for Finance have announced the estab- lishment of an bord snip nua specifically to address public service numbers and efficiency. How can the Taoiseach stand over the time of an assistant principal officer being devoted to mini- stering to Independent Deputies as part of a governmental sweetheart deal? Is this not precisely 173 Ceisteanna — 2 December 2008. Questions

[Deputy Joan Burton.] the kind of waste of Civil Service time that ought to be addressed by some of the legions of Ministers of State who are already very well paid, rather than a civil servant? Such a civil servant earns a salary in the region of \100,000 — the same as Da´il Deputies. If the Taoiseach was serious about cutting back economically, how can he justify this? The Taoiseach may say that the person does not spend much time, but sorting out the various issues that Deputy Healy-Rae raises from time to time would require a degree of ingenuity and thoughtfulness that could take up days or even weeks of a civil servant’s time to address fully. I do not understand how the Taoiseach can justify using a civil servant for this arrangement in this time of cutbacks when language teachers are being cut in schools. There are other cutbacks across a range of services, yet we continue to have a senior civil servant, much of whose time is devoted to ministering to these individuals. The Equality Authority is part of a specific agreement that Deputy Lowry has spoken about in the context of the authority decentralising to Roscrea in his constituency. Some 15 staff of the authority have already been decentralised there, while 25 others are staying in Dublin. Given the cutbacks, what economic sense does it make to have half and half arrangements whereby people are given travel expenses for travelling between Roscrea and Dublin? It is part of the botched decentralisation programme, which has cost the taxpayer up to \1.5 billion so far. Can we afford this kind of largesse, given the economic circumstances in which we find ourselves?

The Taoiseach: The main liaison in respect of political arrangements is the Chief Whip, but if a person wishes to contact my office, the normal arrangement is for a designated person to handle it. On the one hand, the Deputy argues that no one should be appointed as liaison, as he or she would not have time to do his or her other work and, on the other, the Deputy states that it takes weeks to deal with certain issues. Neither argument is true.

Deputy Joan Burton: The Taoiseach should ask the Ceann Comhairle.

The Taoiseach: The normal liaising arrangements apply. For the purpose of accuracy, a Deputy’s salary equates to that of a principal officer, not an assistant principal officer. The Deputy referred to the decentralisation of the Equality Authority. I do not know from where she got her figures. Last week in the House, I indicated that the amount of money spent in respect of the property aspects of the decentralisation programme is less than the amount obtained through the sales of properties in Dublin vacated as a result of the programme’s implementation. Last week’s replies to parliamentary questions outlined the details. This being the case, the system of Departments having more than one location has worked well for the Departments of Finance, Education and Science and Social and Family Affairs and the Revenue Commissioners. I do not see why this should not be the case for the Equality Authority. I assure the Deputy that the rental costs of accommodating people in Roscrea will be much less than what they are being charged in Dublin.

Deputy Caoimhghı´nO´ Caola´in: Were the agreements reached between the Independent Deputies and the Government negotiated directly with the Taoiseach’s predecessor? If so, was the Taoiseach privy to the detail of what was agreed to secure the support of Deputies Healy- Rae, Finian McGrath and Lowry? If he did not have prior sight of the agreements, has he been given copies? Will the Taoiseach clarify whether my assumption that there were written agreements is correct? Upon ascending to his current position, was he made aware of the detail of the agreements? 174 Ceisteanna — 2 December 2008. Questions

The Minister for the Environment, Heritage and Local Government, Deputy Gormley, the leader of the Green Party, is sitting beside the Taoiseach for Question Time. Were the agree- ments with the then Taoiseach, the Fianna Fa´il Party or the Government? The Deputies gave their support to the Government and have voted with it continuously since last year’s general election, irrespective of the issues. If the agreements were with the Government, was the Mini- ster of State, Deputy Sargent, who was then leader of the Green Party, is an integral part of the Government and a co-signatory to the programme for Government, made aware of their details? Given Deputy Finian McGrath’s decision to withdraw his support, what were the negative consequences for the issues addressed in his agreement with the Government? Did his with- drawal have a down side for specific projects and commitments entered into? What is the quid pro quo regarding the debit side of the balance sheet as opposed to that relating to the support the Government clearly committed to provide when the agreement entered into with Deputy Finian McGrath was finalised in the aftermath of the general election in 2007? In view of the fact that the Minister for Health and Children, Deputy Harney, no longer belongs to a political party and will be an independent member of the Government, will the Taoiseach be entering into negotiations with her in respect of her continued support? Is the Taoiseach happy to allow the Minister to continue to run riot in respect of the health service?

The Taoiseach: I reject the Deputy’s assertion in respect of the Minister. I answered the other questions he posed in my initial reply. The agreements in question are political in nature and were entered into by my predecessor as leader of the Fianna Fa´il Party with individual Independent Deputies. The House is aware that such arrangements have existed for over 11 years. The decision taken by Deputy Finian McGrath to withdraw from the agree- ment made with him obviously has its own implications. That is understood. These agreements are confidential but are, as always, based on the programme for Government, which incorpor- ates the national development plan, approved Government programmes and annual Estimates for capital and current expenditure. That answers the questions Deputy O´ Caola´in asked. These are normal arrangements that have been in place for 11 years. The agreements were entered into by my predecessor. I am aware of their contents and can confirm that they exist in written form. Upon becoming Taoiseach I met those who have given their support to the Government and confirmed my intention to assist in the implementation of their agreements — consistent with the provisions in the programme for Government and overall economic and social policy — in good faith and to the greatest extent possible.

Deputy Caoimhghı´nO´ Caola´in: I appreciate the confirmation that the negotiations involving the various Deputies concluded with written agreements and that the Taoiseach is privy to their detail. Will he clarify the position as to when he became privy to their contents? Was it prior to taking up the office of Taoiseach? Will the Taoiseach also indicate what knowledge Deputy Gormley, leader of the Green Party — an integral part of the Government — and Minister for the Environment, Heritage and Local Government, possesses in respect of these agreements? Has the Minister been brought into the loop with regard to what was agreed with Deputies Michael Lowry, Jackie Healy-Rae and Finian McGrath following last year’s general election? The Taoiseach made an extremely important statement in his reply to the initial supplemen- tary questions I posed when he indicated that Deputy Finian McGrath’s decision to withdraw his support for the Government “has its own implications“. Outside the obvious implication that the Government no longer enjoys the Deputy’s voting support in respect of matters dealt with in this Chamber, will the Taoiseach explain the meaning of the term “has its own impli- 175 Ceisteanna — 2 December 2008. Questions

[Deputy Caoimhghı´nO´ Caola´in.] cations? From what I understand of Deputy Finian McGrath’s interests, I believe his agreement related to matters that go beyond the bounds of his constituency. What are the implications for the areas in respect of which he sought agreement and on which, we are informed, he secured commitments from the Government in the context of funding, resourcing, etc.? The Taoiseach indicated that there are implications. I ask him to indicate in exact terms the nature of those implications. The House, the wider public and the people who live in the specific areas to which parts of the Deputy’s agreement related and who will be directly affected have a right to know the position in this regard.

The Taoiseach: I have just explained that these are political agreements involving the parties in Government and the individuals who support it.

Deputy Caoimhghı´nO´ Caola´in: We are talking about public money.

The Taoiseach: Absolutely. As already stated, the agreements in question are based on the programme for Government, which incorporates the national development plan, approved Government programmes and annual Estimates for capital and current expenditure. The impli- cation regarding the public finances and the need to prioritise the programmes to which I refer is obviously a matter of extreme importance for the Government. The then leader of the Fianna Fa´il Party, in an effort to ensure sufficient support for Government in the House and to allow it to get on with the programme for Government for five years, entered into political nego- tiations with Independent Deputies, a practice tried and utilised by others when the numbers suited them or they believed an opportunity presented itself to allow them put together a programme for Government. These are the type of normal political arrangements entered into in negotiations. As I said, they are based on the programme for Government and other public documents, which are available, and one continues to seek to implement them to the best extent one can. They are agreements completed through negotiation on the basis of support for Government. If Deputies or any individual seeks to modify, address or change that stance, that has implications, which we all understand. However, this does not mean the Deputy will not continue to make representations or continue in his or her efforts on behalf of their con- stituents, as would other Members of the House, whether in Government or in Opposition. Ministers seek to address all issues on the basis of their intrinsic merit in any event. That aspect of the interaction will, I am sure, continue. With respect to the agreements, it is obvious they are dependent upon continued support for the Government.

Deputy Caoimhghı´nO´ Caola´in: I fully understand the downsides in terms of the Budget Statement announced by the Minister for Finance, Deputy Brian Lenihan, on 14 October. We have seen the consequences of the Government’s interaction in preparing that budget in terms of the cuts and slashes announced. However, there is something we are not seeing. The Taoiseach has confirmed to the House that there are implications in respect of Deputy McGrath’s decision to withdraw his support for Government. I put it to him that it is not through reading the headlines or watching the nuance of some news report that we will get an understanding of these implications. We do not know, in the first instance, what is in these agreements, which I argue we should. We know only by way of confirmation from the Taoiseach today that there are implications in this regard. I believe it is the Taoiseach’s responsibility to spell out what exactly are those implications. We understand, though we oppose, the decisions announced in the budget and which will be followed through in the Finance Bill. However, there are other forces at work here. Other decisions have been taken in regard to resources, which are to be either withdrawn, withheld 176 Ceisteanna — 2 December 2008. Questions or delayed. We do not know what is the position in this regard. I am asking that the Taoiseach spell out what is the Government’s decision and response in this regard. Deputy McGrath and every other Deputy continues to lobby on all of the interests and issues of direct concern to them and they have a right to that hearing by every Minister and Minister of State, without question. A specific agreement was made with Deputy McGrath, who has withdrawn his sup- port for Government. The Taoiseach has stated there are implications in this regard. It is not good enough to just brush off the questioning today and to tell us the information is contained in the subtext of a report and so on. We want this information spelled out. We have every right to know what is contained in the agreements and what are the consequences of Deputy McGrath’s withdrawing his support for Government. I share the concern of Deputy McGrath in respect of many of the issues he has pursued, not least in regard to people with special needs, of which Deputy McGrath is an ardent advocate. A representative body of people with special needs will appear before a committee of this House this afternoon. Are there implications for children with special needs? The 3 o’clock Taoiseach cannot leave the question hanging in the air with people not knowing the implications of this — people who have real concerns as to what exactly the Government is intent on doing in response to Deputy Finian McGrath’s decision. He should spell it out. He should manfully get up before the Da´il this day and state exactly what are those implications. Let us hope there are none, but that is the answer we would like to hear. The Taoiseach has told us there are implications and we have every right to know what they are. I ask the Taoiseach again to spell out to the House this afternoon exactly what the implications are for any of the interests Deputy Finian McGrath had pursued in coming to the agreement to support the Government following the election in 2007?

An Ceann Comhairle: I remind the Deputy he was supposed to be asking a supplementary question and not imparting information to the House. I am also slightly concerned about his definition of “brief”.

Deputy Caoimhghı´nO´ Caola´in: The Cathaoirleach is more concerned about Deputy Healy- Rae’s website.

Deputy Finian McGrath: I would be delighted to clarify the matter during my speaking time.

The Taoiseach: If I may say so, that was a long way of stating the obvious. One enters an agreement for the purposes of support for a Government, if one withdraws support from it, then obviously the relationship changes. That is obvious. There is nothing surreptitious or sinister about it. In regard to specific areas of policy, the Government has outlined its intentions in this and other respects. In terms of my own interests in that area, I defend the Government’s policies in those areas. Our efforts to prioritise those areas in the past compares favourably with any predecessor Government one would like to mention. I do not have any problem standing over those particular aspects. As the Deputy O´ Caola´in said, they are not the preserve of any one, two or three Deputies, these are interests we all share. What political agreements allow us to do from time to time is to bring a focus to certain issues on the basis that we can in that way maintain sufficient numbers in the House to pursue a programme for Government. What we have seen since then is a deterioration in the public finance position of which we must take serious note. All programmes for Government worth their name are constructed on the basis of trying to maintain and restore order to the public finances in order that we can have a sustainable level of service going forward. Where there are changed economic circumstances, one must take cognisance of that. If one is in opposition, 177 Ceisteanna — 2 December 2008. Questions

[The Taoiseach.] perhaps one does not have to worry about that aspect, but if one is in government, one has to do so.

Departmental Expenditure. 7. Deputy Enda Kenny asked the Taoiseach the level of expenditure by his Department during the first half of 2008; the way in which it compares with the forecast in the Estimates; and if he will make a statement on the matter. [29494/08]

8. Deputy Eamon Gilmore asked the Taoiseach if he will make a statement on the level of expenditure by his Department for 2008 and the way this compares with the Estimates for 2008. [32379/08]

9. Deputy Caoimhghı´nO´ Caola´in asked the Taoiseach his Department’s spending in 2008 and the way this compares with Estimates for 2008; and if he will make a statement on the matter. [37598/08]

10. Deputy Caoimhghı´nO´ Caola´in asked the Taoiseach the expenditure in his Department for 2008 as against the Estimates forecast for the same period. [43733/08]

The Taoiseach: I propose to take Questions Nos. 7 to 10, inclusive, together. Expenditure by my Department from January to the end of June 2008 was \16,813,000. At the end of October, total expenditure was \26,986,000 compared to a total Revised Estimates provision for the year of \42,240,000. While fluctuations in spending occur from month to month and some expenditures do not fall due until the end of the year, I am satisfied that overall spending by my Department for 2008 will remain within the agreed Revised Estimates for the year, as adjusted in line with the recent Government decision of 8 July 2008.

Deputy Enda Kenny: I did not catch all those figures given by the Taoiseach, but in budget 2009 the summary of gross expenditure stated that the 2008 Estimate for the Taoiseach’s Department was \199.9 million and the forecast was for an end of year outturn of \191.8 million, namely, that the Taoiseach’s Department would come under budget by 4%, which was setting an example for all his other ministerial colleagues. Is that the case at the moment? The expenditure in the Taoiseach’s Department on consultancy in first six months of 2008 came to \385,896. By the end of August the figure had jumped to \639,000, which is an increase of 66% in only two months.

The Taoiseach: In respect of what heading?

Deputy Enda Kenny: For consultancy. In the first six months of 2008, it was \385,000 and by the end of August the figure had jumped to \639,000, an increase of 66% in two months. That may have been because some payment was due for work already done. In announcing his package of savings of \440 million in July, the Minister for Finance said all expenditure by Departments and agencies on consultancies, advertising and public relations would be signifi- cantly reduced for the remainder of this year and by at least 50% in 2009. Can the Taoiseach explain the reason for the major jump of 66% in his expenditure on consultancy in just two months?

The Taoiseach: I am not sure where the Deputy is obtaining those figures, but on the specific question of expenditure on consultancies, there has been no spend in my Department’s admin- 178 Ceisteanna — 2 December 2008. Questions istrative budget on PR between January and October 2008. However, the National Forum on Europe spent \108,182 on public relations as at 31 October 2008. Expenditure on consultancy services by my Department as at the end of October 2008 was \195,323. That relates to the spend under subheads A7 and A10. In addition, the following amounts were spent on consult- ancies by programmes under my Department’s Vote between the period January 2008 and October 2008. The spend by the National Forum on Europe was \6,939. The spend of the Ireland-Newfoundland Partnership was \1,028. Further to the Department of Finance requirements, the Department has reduced the budget allocation for consultancy by 50% in 2008 and we will continue to monitor spend in this area closely. In addition, a total of \393,401 was spent by the Department of Finance through the change management fund. Every effort is made by the Department to minimise expenditure on consultancy services, however, where it is necessary to engage consultants in order to avail of their particular expertise or experience the procurement of consultancy services is subject to public procurement guidelines and, where applicable, EU procurement rules and guidelines with selection criteria geared to select the most economically advantageous tender. It is also our policy that skills transfer from consultants to departmental staff takes place as an integral part of all consultancy engagements. The purpose of that is to increase the know- ledge and expertise of departmental staff and to reduce and, if possible, eliminate further dependence on consultants in the areas concerned.

Deputy Enda Kenny: What I was interested in was the fact that consultancy expenditure in the Taoiseach’s Department had jumped to \639,000 by the end of August. I understand \100,000 of that was for the National Forum on Europe and the task force on active citizenship, including expenditure on PR. What was the other \500,000 spent on? For the first two months the Taoiseach’s expenditure on consultancy came to \386,000 but it more than doubled up to August. A total of \100,000 of that was for the National Forum on Europe and the task force on active citizenship. Does the Taoiseach have information on how the other \500,000 was spent?

The Taoiseach: I am not sure from where the Deputy is getting those figures. I will have to come back to him in a written reply because the subhead in regard to that matter is A7 and I do not agree with the figures he is quoting. The Revised Estimates provision under A7 for 2008 is \275,000. The expenditure to 31 October 2008 under that heading is \103,000, which is 37.5% compared to the amended Revised Estimates volume, as of 31 October. The figures Deputy Kenny is quoting are not the figures I have before me.

Deputy Enda Kenny: I wish to ask the Taoiseach about a matter of policy, namely, the business of awarding consultancy payments in the first instance. In recent years I find the public service has been sidelined to a great extent by the Government conducting so many consultancy reports. Is it a matter of course that the public service in any Department is asked whether it has the capacity to do a report on a particular issue before a decision is made by a Minister or by Government to request an outside consultancy report into some aspect of Government? If one considers the range of reports published, at a very expensive cost, in all Departments over the past ten years, one will note that many could have been produced and agreed by the public service itself. In that regard, the quality of the public service has been undermined by the prevalent practice of running for consultancy reports at every moment. If a report is required in the Department of the Taoiseach, is it a matter of policy that the Taoiseach asks the Secretary General and the staff whether they can produce it themselves or whether it is necessary to spend more public money on further consultancy reports? It is a question of policy in terms of the quality of the personnel working for the Taoiseach and their 179 Priority 2 December 2008. Questions

[Deputy Enda Kenny.] capacity to produce reports as distinct from running to outside agencies for consultancy reports at public cost at every turn of the road.

Deputy Joan Burton: The allocation for the Moriarty tribunal last year was \10 million and that has been reduced to \7.5 million for 2009. Does the Taoiseach not accept that if the report is to be published before the end of the year, a significant proportion of the costs will become payable next year? Does he, therefore, expect to have to introduce a Supplementary Estimate to cover these costs? Did the Taoiseach see the reports in the newspapers that The Irish Times apparently had to junk approximately 20,000 copies because of approaches from the tribunal in respect of matters pertaining to the tribunal. Similarly, The Sunday Business Post had to address matters raised by the tribunal. Has the Government obtained additional legal advice on the possible findings of the tribunal and possible press reports on adverse findings or potentially adverse comments, perhaps in regard to public servants? Would the Taoiseach care to comment on that?

Deputy Caoimhghı´nO´ Caola´in: Last July, the Government announced a number of cost- saving measures to be applied in each Department. Will the Taoiseach give us an understanding of the steps undertaken in his Department under the various headings? I ask him to focus specifically on the steps taken in respect of “savings in administrative spending”, “economising on the services we buy” and, last but not least, “squeezing consultancy and PR spending”.

The Taoiseach: As I stated, the total saving resulting from the July decisions is approximately \740,000. I have already answered the question on consultancy; the budget has been reduced by 50%. I gave a detailed reply to specific questions on that matter asked by Deputy Kenny. Up to the end of October 2008, the Moriarty tribunal has spent \3.302 million. While it is expected the second and final report of the tribunal may be published by the end of this year, the latest information suggests it may be published early next year. It is not anticipated that third party costs of award will be finalised in time for payment this year. It is estimated that there will be savings of at least \3 million on the total allocation for this year. Additional costs that may arise at the end of the year include those for the concluding briefs for legal teams. That is the latest information on the matter. I do not comment on media reports when a very important process is still ongoing.

Priority Questions.

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Energy Resources. 72. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources for details of what he envisages to be a proactive Government role in incentivising the purchase of electric cars by the public; the Government actions and the timescale associated with those actions, resulting from his recently announced initiative; and if he will make a statement on the matter. [44086/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Elec- trical vehicles offer an increasingly realistic solution in terms of reducing the transport sector’s greenhouse gas emissions and Ireland’s dependence on imported fossil fuels. There has been very significant global investment in research and development in this field. The technology is now maturing to a point where large scale commercial deployment is looking feasible in the 180 Priority 2 December 2008. Questions medium term. It is all the more important therefore that Ireland is positioned as a centre for electric vehicles. Last week, with my colleague, the Minister for Transport, Deputy Noel Dempsey, I launched our plans for the large scale deployment of electric vehicles in Ireland. We are setting a target of 10% of all vehicles in the transport fleet to be powered by electricity by 2020, a figure of approximately 250,000 electric cars on Irish roads over the next 12 years. My Department is working with the Department of Transport, Sustainable Energy Ireland, the ESB, IDA Ireland, Enterprise Ireland, and other stakeholders to ensure we have a fully cohesive approach in facilitating the development of the electric transport model. We have introduced tax incentives for businesses to purchase electric vehicles, allowing them to write off 100% of the cost of purchase against tax under the accelerated capital allowance scheme. Sustainable Energy Ireland will fund a \1 million project to research, develop and demonstrate electric vehicles nationally and has also published a buyers’ guide and a cost of ownership calculator to aid individuals interested in purchasing electric vehicles. Sustainable Energy Ireland also recently published reports on hybrid electrical vehicles and battery electric vehicles. These reports highlight potential measures that could be used to stimulate uptake of electric vehicles in Ireland and they make recommendations on how this might best be achieved. The collective work to date will be carried on by a national task force which will examine the infrastructure options for the national roll-out of electric vehicles, including street charging. We have sent out a clear message that Ireland is open for business and the work of positioning this country as a centre for electric vehicles will continue over the next number of years, in tandem with global developments in technologies and commercialisation.

Deputy Simon Coveney: I welcome that the Government is showing some initiative in pro- moting the use of electric vehicles. When will the task force be set up and who will be on it? How will the Minister determine who will be on it? When will it report with recommendations? The target of 10% of electric vehicles by 2020 is very unambitious when one considers what is happening in other parts of the world. Israel, for example, is planning for the complete replacement of petrol and diesel-driven cars. Denmark is planning to do the same, as are regions of Australia, but Ireland is still at the stage of setting up a task force. Is the Minister open to reviewing that target, with the intention of increasing the ambition of Government in the replacement of petrol and diesel-driven cars? It is an initial step but there are also implications for the public transport fleet.

Deputy Eamon Ryan: The membership of the taskforce will include persons from the Depart- ments of Transport, Enterprise, Trade and Employment, Environment, Heritage and Local Government and Finance, from Enterprise Ireland, the IDA, Sustainable Energy Ireland and agencies such as the ESB which has already set out a significant amount of work in this area. It will continue work that has already been done by Sustainable Energy Ireland, including visits by officials from the agency to Denmark and Israel. I disagree with Deputy Coveney on the issue of targets. I believe the target is pitched exactly right. It takes time for any country to turn its fleet over to electric power. Any cars bought today will still be on the road in ten years’ time. In looking at what other countries are doing, we set ourselves at the top level with such countries as Denmark and Israel, recognising that they also are only at the starting phase in this. No country has yet deployed the infrastructure needed to support a wide electric fleet. This work is starting and it will take a number of years for car companies and the infrastructure-building companies to deploy the infrastructure. I believe that in this regard the target we set ourselves is at the right level. 181 Priority 2 December 2008. Questions

[Deputy Eamon Ryan.]

Targets are not limits to our ambition in this instance. We must reduce our dependence on oil and the transport sector is the biggest user of oil. If we can exceed that target, then certainly I shall be more ambitious and push beyond it. However, given where the technology is at present and where other countries are, it is the right target for us. It allows us to work with those countries — Israel, Denmark and Portugal in particular — and with the international car companies and our infrastructure providers, to provide a scale that makes the development of electrical vehicles commercially viable more quickly.

Deputy Simon Coveney: This is where I strongly disagree with the Minister. He proposes that Ireland should follow the more ambitious countries that have a vision of a shorter time period for the transformation of their transportation fleet. The main driver behind this is emis- sions. Emissions coming from the transport sector since 1990 have increased by 168%, and are continuing to increase. As regards the area the Government has responsibility for in terms of emissions, and for which it has made commitments to the European Union, some 80% of that comes from transport and agriculture. We are not going to make the type of gains that are needed in agriculture and therefore we need to make them in transport. Some 10% of our fleet by 2020 will reduce carbon emissions by 400,000 tonnes, and that is it. What is required is a far more ambitious approach. Ireland should take a leadership position in this instead of the usual “wait and see” approach, while allowing other countries to make ambitious investments.

Deputy Eamon Ryan: The key driver in this is also energy security. The reason Israel is promoting the move to electric vehicles is that it is concerned about the availability of oil coming from the Middle East——

Deputy Simon Coveney: That is all the more reason for Ireland to be taking the initiative.

Deputy Eamon Ryan: ——and therefore energy security is a key driver. When it comes to emissions the Deputy is absolutely right. This helps us to reduce our emissions and that is a crucial second motivation and it is where we have a competitive advantage and will not be following, but leading. In setting a 40% renewables electricity target, particularly for variable power supplies such as wind, we have a competitive advantage that allows us to power an electric fleet cleanly.

Deputy Simon Coveney: Exactly, so why is the Minister talking about 10%?

Deputy Eamon Ryan: By being ahead of the countries I have mentioned, in terms of the work we are doing in deployment of smart grids and smart networks, we have a competitive advantage which makes Ireland a country that will and can lead. I am very confident that by starting this process, putting the word out to the international motor companies and the infrastructural companies that we will do exactly that.

Telecommunications Services. 73. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources the evidence he has that the preferred tender for the national broadband scheme will provide high quality broadband; the way he will ensure that his Department’s map is an accurate reflection of the areas that currently do not have broadband; the cost of the national broadband scheme; the timeframe for its completion; and if he will make a statement on the matter. [43856/08]

182 Priority 2 December 2008. Questions

76. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources the timeframe for delivery of broadband through the national broadband scheme now that the contract has been awarded to a company (details supplied); the bandwidth and download speeds that will be provided through the new contract; the cost to the State of the national broadband scheme in 2009 and 2010; and if he will make a statement on the matter. [44089/08]

Deputy Eamon Ryan: I propose to take Questions Nos. 73 and 76 together. The preferred tenderer for the national broadband scheme, NBS, was appointed following an open tender process using the competitive dialogue procurement process. Significant time, expertise, human and financial resources have been invested to ensure the optimum outcome and best possible broadband service, from the procurement process. The process has been overseen by a steering committee comprising officials from my Department, representatives from the Commission for Communications Regulation, ComReg, a representa- tive from the Border, Midlands and Western Regional Assembly as well as an independent electronic communications consultant. A working group, comprising officials from my Depart- ment and representatives from ComReg developed the procurement and scheme specifications with the assistance of legal advisers and technical, commercial and financial consultants. The working group was provided with all necessary administrative and clerical support. The initial stages of the procurement process resulted in strong interest from service pro- viders. Four service providers pre-qualified and two of them responded to the final invitation to tender, ITT. The responses to the ITT were evaluated by a team comprising five different evaluation sub-groups. The evaluation team’s final ITT report was considered and unanimously approved by the steering committee. Accordingly, “3”, a Hutchison Whampoa company, was appointed preferred tenderer on 25 November 2008. The contract will be finalised for signature in the coming weeks. I am satisfied that the comprehensive procurement process has resulted in the appointment of a preferred tenderer that will make available high quality broadband to all premises in the NBS area at the most economically advantageous cost. As regards the accuracy of the mapping undertaken for the scheme, a comprehensive mapping process has been undertaken. The pro- cess involved contacting service providers for details of their broadband coverage; inserting service provider data on a broadband coverage map using specialist expertise and software; consulting with regional authorities to request that they confirm, as far as was possible, the broadband coverage information provided in the maps; requesting from the regional authorities information on any other service providers excluded from the mapping process; and contacting additional service providers identified by the regional authorities and including their coverage on the map. The resulting broadband coverage led to the creation of the indicative map, which was updated during the procurement process as appropriate, in consultation with the service pro- viders. My officials have taken all reasonable steps to maximise the accuracy of the map. As regards the timeframe for completion, the ITT requires that all houses and business premises must be provided with a broadband service within 22 months of the signing of the contract. 3’s response to the ITT meets that requirement. The finer details are being worked out at present and will be finalised at contract signing which is expected to take place on 11 December 2008. As regards the bandwidth and download speeds, 3 will extend its network to provide mobile broadband services into the NBS area. In recognition of the fact that some areas will be very difficult to reach using standard infrastructure, 3 will make available a satellite product. The specific details are being discussed 183 Priority 2 December 2008. Questions

[Deputy Eamon Ryan.] with 3 at present and will be finalised at contract signing. In order to protect the integrity of the procurement process, I do not propose to release details of the value of the NBS contract at this time.

Deputy Liz McManus: I thank the Minister for what was not a very informative answer. After such a long delay, he might have expected to get some kudos for finally announcing the contract, but in fact he put out a very short statement to be met by very widespread disappoint- ment, dismay and at times downright hostility as regards the choice of 3. The Minister has already posted his message on www.boards.ie, running to something like 370 pages on this particular issue and the vast bulk of the responses are negative. There is considerable experi- ence now in terms of customer service, erratic provision, difficulties in speeds and a whole range of issues that have been raised by current customers. I should have thought the Minister could spell out to the House what safeguards are in place to ensure that he simply has not added to the list of complaints by this announcement. The map is a matter of some concern. Areas in my constituency are indicated, but it is an indicative map, solely dependent on service providers to give the relevant information. Does the Minister accept that, in fact, there are people who are not in the broadband scheme and are unable to access it even though their area might be described as having such access within the indicative map? We are going to end up with the anomalous position where people cannot access, for example, the 3 service, but because they are described as having access, they will not be able to avail of opportunities under the broadband scheme. Could he, perhaps, give us details of the technology platform, the guarantees in terms of speed, the penalties if the target of 1 megabyte is not met, as well as the coverage targets? Cost seems to me to be the only reason 3 got the contract, but how do I know, since I am not getting the information. The Minister is not willing to give us the cost, but he should at least give us the information about safeguards.

Deputy Eamon Ryan: I am reluctant to give this information until the contracts are signed, which will be within the week. It is better and proper to have that hurdle overcome, and then we may provide the more detailed information. To a certain extent, we must learn from pro- cesses in the past, where, for whatever reasons we may have tried to push through a process in terms of procurement, particularly in the telecommunications area, that just ended up getting us into further difficulties. I was particularly pleased in terms of this whole process that even if it took time we were able to work on real detail with the bidding companies, winner and losers, in the process I have set out, to try to ensure that what we contract here is right and meets the public’s expectations. It would have been very easy to try to do something quickly, to put it through for political short-term expediency, in order to be seen to be doing something. I believe in the process we have undertaken. Even if it has taken longer than we originally thought, that was in order to get it right. The service that will be provided will meet with widespread public support. There have been concerns with regard to the start of the roll-out of certain mobile broadband services over the past year. We should recognise those services have just started and there are naturally teething difficulties. That said, we now have approximately 250,000 people who have signed up for such mobile broadband services. We must also recognise that because 40% of our houses are one- off houses in the countryside, we will always be a country where mobile broadband services are in higher demand than in other countries. We may develop a benefit from this, particularly where we can get new evolving mobile, wireless and other connections onto fibre quickly and provide good high quality services. 184 Priority 2 December 2008. Questions

Deputy Simon Coveney: I want to tease out some of the things the Minister said because I am more confused now than when the questions on this issue started. My first concern relates to the map. The objective of the national broadband scheme is to cover the approximately 10% of the footprint of the country that is not coloured in red, because it does not have current broadband provision, via a wireless, fibre or copper service. The company 3 is the preferred bidder for the contract and I have no problem with that. I do not care who provides the solutions as long as the contract is right and the company can deliver. However, the Minister seems to suggest that part of the solution will be provided via a mobile product, but one can get a mobile broadband service in a number of these grey areas already, whether on top of a mountain or wherever. The issue with regard to broadband connectivity is not about mobile services. Is the Minister suggesting that 3G or 3 will put up mobile masts in these areas to provide for broadband via a mobile phone? If he is talking about wireless services, that is different, but he needs to clarify what he is talking about. It is not acceptable to provide for broadband services via mobile phones in rural areas. That may be a useful service for people who want to access the Internet on their mobile phones, but it is not a consistent enough solution for people opening businesses in parts of rural Ireland that cannot get broadband currently.

Deputy Eamon Ryan: I used the term “mobile” in the way it is commonly used, as in “not fixed” line.

Deputy Simon Coveney: We want clarity.

Deputy Eamon Ryan: This means it is connected to one’s computer or to whatever hand- held device one wants.

Deputy Simon Coveney: It is not mobile then.

Deputy Eamon Ryan: I am not restricting people in terms of how they access the Internet. However, we need broadband access. In this case, we will have speeds of over 1 megabit download and over 200 kilobits on the upload. There is also provision for those speeds in the services to be improved in the five-year period the contract will cover. The crucial issue is to provide customer satisfaction. The nature of the contract and the work that has gone into it provide that if customers do not get the level of services we are setting, there are implications for the service providers. We have checks and balances to ensure the sort of speeds and the service quality we want are provided. This is a significant improvement for those parts of the country that cannot currently get any broadband services. This is a strategic and significant investment by the State to provide coverage so the whole country will have broadband availability. With regard to the map, provision will be made in terms of electoral districts and will set out the areas that can be covered. This covers a significant area of the country, particularly in the west, north west, south west and rural parts of the country that currently do not have any service. Therefore, this is a significant and crucial action in terms of the next generation broad- band strategy set out earlier this autumn. We recognise that universal accessibility is a key development and that is what our national broadband scheme will deliver.

Deputy Liz McManus: It is a matter of concern that there is now a body of opinion about the provision so far. I do not hold a brief for any company, but I want to see the service provided, particularly in Wicklow where it is an issue. The Minister has stated there will be a five-year contract. I understood that originally the scheme was to take 22 months, plus, presum- 185 Priority 2 December 2008. Questions

[Deputy Liz McManus.] ably, the period before that for normal consultation and getting planning permission for masts. Why then is there to be a five-year contract?

Deputy Simon Coveney: How much will this cost people in rural areas and how will the cost be determined? Will it compare with costs for people in urban areas who can currently get broadband? Under this scheme, when will broadband finally be available to those people who cannot get it currently? How much does the Government plan to spend on the national broad- band scheme in 2009 and how will it determine whether people will be offered a satellite or mobile solution in terms of broadband delivery? In terms of future planning, will the Minister clarify whether capacity to upgrade speeds is being built into the contract or whether we will need a national broadband scheme 2 for next generation broadband in five years’ time?

Deputy Eamon Ryan: It has the ability to cater for increased speeds over time. The 22-month period mentioned is the time it will take for the infrastructure to be put in place to cover all the districts to be covered. The cost to people will be similar to costs for what is available in the rest of the country and a cap will be set above which costs cannot go during the five year period. I cannot give the cost details of the contract until contracts have been signed, in the next week or so. One of the key benefits of the contract is that it does not restrict other operators from developing services such as opening exchanges, providing cable, mobile or fixed wireless sol- utions. This is a further step towards a competitive, universal, ubiquitous service throughout the country. This is significant.

Deputy Simon Coveney: One cannot compete. It is not competition because this is subsidised.

Deputy Eamon Ryan: Last week I returned from the European Council meeting where I heard Ministers wonder how they could devise a way to cover those areas of the country that currently do not have broadband services. I was able to say at the meeting that we have such a solution. We now have a contract that will allow us to have universal coverage throughout the country. This is of major significance in the development of broadband and is something I am proud to have delivered.

74. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources the number of the 66 metropolitan area networks, constructed under MANs phase 2 which are in use, generating income and providing a broadband infrastructure for service providers; and if he will make a statement on the matter. [44087/08]

Deputy Eamon Ryan: Under phase 1 of the metropolitan area networks, MANs, 27 MANs are available to customers from eNet which is operating, managing and maintaining the net- works on behalf of the State under a 15-year concession agreement. Under phase 2 of the MANs programme, 58 of a total of 60 MANs covering 64 towns have been completed during 2007 and 2008. Construction of the remaining two networks will be completed during 2009. All completed phase 2 networks are being managed on an interim basis by technical services firm Magnum Opus on behalf of my Department, pending the engagement of a management services entity for the phase 2 MANs, MSE 2. The engagement of an MSE 2 is currently the subject of a procurement process, which is expected to conclude in the first quarter of 2009. The phase 2 MANs contain duct, sub duct, dark fibre and co-location facilities. Under the interim MSE maintenance arrangement currently in place, dark fibre is made available to service providers, who in turn use their own equipment to light the fibre for their customer. 186 Priority 2 December 2008. Questions

Currently, there are three phase 2 MANs being used by service providers, Killarney, Tralee and Carrigaline. Longford will be in use within the next two weeks. A number of other requests have also been received from service providers. The phase 2 MANs continue to be available to service providers on the basis referred to, pending the outcome of the MSE procurement process.

Deputy Simon Coveney: People will now see the irony in the Minister’s final statement on the previous question, that he is proud to be delivering broadband for Ireland. This is, perhaps, the greatest example of the Minister’s lack of priority for delivering an IT infrastructure in the country. We have spent \80 million putting 64 MANs into the ground, but only three of them are giving a return to the State currently and providing a positive contribution to improving our backbone infrastructure. The other 61, however, although many of them have been built for up to two years, sit there unlit while the Minister prevaricates on who he will allow to manage phase two of the MANS project. My understanding is that a preferred bidder was chosen in July. As five months have elapsed, why has the preferred bidder not been given a contract to manage the second phase of MANS? When one considers the success, in respect of return on investment, of the first phase of MANS, why is an investment of \80 million in public moneys allowed to lie in the ground unlit, while delays from the Minister continue?

Deputy Eamon Ryan: While the Deputy opposite might have me signing contracts left, right and centre, I must be cognisant of the public interest and the taxpayers’ interests in how we manage the development of our infrastructure. I believe I was absolutely correct to commission the value for money report examining our overall MANS project, to publish it in the Da´il and to act on the recommendations emerging from it, as well as being involved in the consultation process pertaining to the development of next generation broadband. I believe that rather than rushing in and signing a contract immediately, as the Deputy opposite may advocate, the correct approach was to get it right and to work through a process in the appropriate framework. I am confident my Department will be able to do so in the first quarter of next year and one should recognise that while the metropolitan area networks constituted a proper investment, they were a long-term investment. While in the long term, investment in fibre will provide a crucial solution, it is not a short-term or immediate measure. As the value for money report indicated, even were one to switch on every MANS nationwide, one would not necessarily get an immediate and instant uptake, particularly in the smaller towns. It is a long-term investment.

An Leas-Cheann Comhairle: Deputy Coveney may ask a supplementary question.

Deputy Simon Coveney: The Minister probably would get more than three of them up and running. When the Minister was on this side of the House, he showed the kind of impatience I now show on the need for progress in respect of our broadband and IT infrastructure generally. However, while such urgency remains, Deputy Ryan now is the Minister and nothing has happened. I was not talking about the value for money audit on the MANS project, which pertains to whether we will continue to build further MANS in the future in a third phase. I refer to what already has been built, on which money already has been spent and to which taxpayers’ money already has been committed. I refer to getting some value for money from this asset, on which approximately \80 million already has been spent. We must sweat this asset and——

An Leas-Cheann Comhairle: An tAire, in a final reply. 187 Priority 2 December 2008. Questions

Deputy Simon Coveney: ——the Minister is delaying it.

Deputy Eamon Ryan: No, those assets are available. They are available through the Magnum Opus contract arrangements that are in place, which allows any operator access to them.

Deputy Simon Coveney: That is nonsense.

Deputy Eamon Ryan: It is not nonsense. It is the absolute truth.

Deputy Simon Coveney: It is nonsense.

Deputy Eamon Ryan: I am working beyond that towards——

Deputy Simon Coveney: The Minister has an interim arrangement.

An Leas-Cheann Comhairle: Allow the Minister to respond.

Deputy Eamon Ryan: There is no——

Deputy Simon Coveney: They are not even being marketed.

An Leas-Cheann Comhairle: Allow the Minister to answer.

Deputy Eamon Ryan: ——restriction of access to those metropolitan area networks and, pending the completion of the contract arrangements for the management service entity, this was the correct process to keep it open.

Deputy Simon Coveney: Why are all the first phase MANS projects up and running?

Deputy Eamon Ryan: One clear issue that emerged in the value for money report is that there was easier and more immediate take-up in larger towns. Most of the first phase MANS were constructed in large cities, such as Cork, Waterford, Limerick and elsewhere, where it was much easier to get immediate demand. The investment in phase two of MANS was a longer-term investment, often in much smaller towns, in which generating such demand will be difficult.

Deputy Simon Coveney: Only three are viable.

Deputy Eamon Ryan: However, the various other measures in train that my Department is enacting and on which it is working in respect of next generation broadband policy will use them effectively on a proper planned basis, rather than rushing into something and throwing away taxpayers’ money in an ineffective manner. I prefer to spend it wisely.

Deputy Simon Coveney: The money already is spent.

Housing Grants. 75. Deputy Michael D’Arcy asked the Minister for Communications, Energy and Natural Resources if he has new plans to extend a grant or incentive to improve the energy efficiency of existing properties; and if he will make a statement on the matter. [44088/08]

Deputy Eamon Ryan: The home energy saving scheme implemented by Sustainable Energy Ireland, SEI, will make grant assistance generally available from next year to householders to install energy efficiency measures. The objective of the scheme is to significantly reduce energy use and emissions in the residential sector by incentivising households to upgrade the energy 188 Priority 2 December 2008. Questions performance of their homes. I launched the scheme on a pilot basis earlier this year in a selected number of areas and with a budget of \5 million. Under the pilot phase, grant aid is being provided for cavity wall insulation, wall lining insulation, external insulation, attic insulation, heating controls and low emission double glaz- ing. The results of the pilot phase are informing the design of the national roll-out of the scheme in 2009, for which provision of \20 million has been made in my budget. First results from the pilot phase indicate that the targeted supports can bring a house from an F-rating starting point on the building energy rating scale to a D2 rating. This represents an energy saving of up to \700 per year for each house, equating to reduced carbon emissions of 3 tonnes per year. The warmer homes scheme is overseen by Sustainable Energy Ireland and is delivered princi- pally through community-based organisations. There now are 20 such groups currently approved by Sustainable Energy Ireland. The scheme is targeted at households on low income. The warmer homes scheme installs insulation, draught proofing measures and energy saving light bulbs. Advice is also provided to householders on minimising energy use. These measures are provided free or at a nominal cost. Householders in receipt of energy efficiency improve- ments under the scheme potentially can reduce energy consumption by up to 60%, depending on the number of measures implemented and their energy behaviour. I doubled the funding for the warmer homes scheme this year, allowing for a corresponding doubling of the number of homes upgraded this year to 5,000. Funding of \10 million has been made available for this scheme in 2009, which includes a total contribution of \5 million between the ESB and Bord Ga´is. This will allow for a significant further extension of the scheme.

Deputy Michael D’Arcy: On a point of information, the map distributed by the Department of Communications, Energy and Natural Resources shows that no broadband is available in the part of north County Wexford in which I live. For the Minister’s information, there is only dial-up.

An Leas-Cheann Comhairle: Priority Questions are restricted to those who tabled them.

Deputy Noel J. Coonan: Deputy D’Arcy was looking after the Leas-Cheann Comhairle as well.

An Leas-Cheann Comhairle: But well done for pointing that out.

Deputy Michael D’Arcy: It was a point of order.

Deputy Noel J. Coonan: I knew the Leas-Cheann Comhairle would be happy.

Deputy Michael D’Arcy: Following on from the pilot programme, the 2009 allocation of \20 million shows a decided lack of ambition. This is sad because I believe the Minister and his colleague from the Green Party, the Minister, Deputy Gormley, are eager to try to implement such measures. However, the Minister, Deputy Ryan, has not shown strength of character by standing up to fight for additional funds. Were the Minister to be allocated more than \20 million to spend on this measure, it would enable him to adopt a carrot and stick approach regarding the many homes that are more than ten years old and are very poorly built and insulated and so on.

An Leas-Cheann Comhairle: Does the Deputy have a question? 189 Priority 2 December 2008. Questions

Deputy Michael D’Arcy: Is there scope to try to expand the fund of \20 million, especially as, apart from the warmer homes scheme to which the Minister referred, he also finished off the greener homes scheme. Consequently, no real additional funding is available, which is disappointing from someone who espouses views that he intends to improve the energy efficiency of properties.

Deputy Eamon Ryan: As no one has finished up the greener home scheme, that point does not stand. In order to get this right, our approach was correct, namely, to start with a pilot and test it out because this is highly innovative and different from what applies elsewhere. I believe the home energy savings scheme is exactly right. I am told by Sustainable Energy Ireland that expanding it to \20 million next year demonstrates an appropriate level of ambition in respect of being able to manage the new assessors and the processing of the scheme. However, ambitions are not limited in that if there is a huge take-up, I would like to see it ramped up further because I believe it is the correct type of project with which the Government can generate economic activity at present. A key development is the State’s involvement will not constitute the only expenditure in this regard. I have been in discussions with the banks to ascertain whether it can be made more easy for householders to be given credit for such a project. The State’s input may constitute 20% or 30% of the total. For example, in a \10,000 build, the State’s investment, in respect of supports, might be in the order of \2,000. However, other funding and financing will be avail- able from the banks that will allow householders to do this more easily. Saving \700 per year is a brilliant payback and constitutes a really good lending investment, compared to some of the other lending that has taken place in recent years, which helps householders to cut down their emissions by approximately 3 tonnes per annum each, helps them to save on their fuel bills by approximately \700 per year each and provides Ireland with economic activity in an area in which none is taking place. This scheme is perfectly appropriate for our times. I was proud to be able to introduce it and it is working in the areas in which it has been tried and tested and I look forward to rolling it out across the rest of the country.

An Leas-Cheann Comhairle: I want to get in another supplementary question from Deputy D’Arcy.

Deputy Michael D’Arcy: The Minister’s lack of ambition can only be described as startling. A grant of \2,000 for a house — any of those older houses — is not even a carrot on the stick; it is just a stick with the string and no carrot. Frankly, anybody who has an old property to be converted for energy efficiency will tell him that.

An Leas-Cheann Comhairle: A brief question.

Deputy Michael D’Arcy: The question is coming. Can I pursue the matter of the Minister’s discussions with the banks? How did he get on with the banks? Were they favourably disposed towards this when he was only offering \2,000—Iamusing the Minister’s figure, not my own? As I stated earlier, \2,000 is of no real benefit.

Deputy Noel J. Coonan: Have the banks any money to give?

Deputy Eamon Ryan: The banks were very enthusiastic about the scheme because they saw the sense of it. This scheme is different. It is changing from a long tradition of just throwing a grant at a particular material that one buys. This is going about it in a different way. It is providing a 190 Other 2 December 2008. Questions service and providing financial support, not to any one product. In the past the price of such a product rose to the extent of the grant and no one gained. In such cases the householder pays more and the State just transfers money to the company making the product. This scheme is innovative in that the grant is going into the process, both in doing the assessment and also providing a percentage contribution to the work undertaken, and that is absolutely right. What we have seen in the pilot scheme is that there is keen public demand for it at a time when it is not easy for people to spend or lend money. There is a keen interest in the banks to support it. We can put together a package of measures that has significant effect and that has not been tried anywhere else in terms of the level of sophistication and support provided.

Other Questions.

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Alternative Energy Projects. 77. Deputy Deirdre Clune asked the Minister for Communications, Energy and Natural Resources the bio-fuel strategy with specific reference to liquid bio-fuels to be used in the transport sector; and if he will make a statement on the matter. [43673/08]

111. Deputy Joe Costello asked the Minister for Communications, Energy and Natural Resources the steps he will take following the completion of the public consultation on the bio-fuels obligation scheme; and if he will make a statement on the matter. [43630/08]

Deputy Eamon Ryan: I propose to take Questions Nos. 77 and 111 together. The planned introduction of a bio-fuels obligation will require all fuel suppliers to ensure that bio-fuels represent a certain percentage of their annual fuel sales. The bio-fuels obligation is designed to provide a long-term market based framework for the development of a bio-fuels sector and delivery of bio-fuels targets to 2020. The public consultation process on the bio-fuels obligation scheme has recently been com- pleted. More than 30 submissions were received as part of the consultation process. My Depart- ment is now analysing these submissions with a view to finalising a bio-fuels obligation scheme informed by the consultation process. I will be bringing a proposal to Government in the coming months, including introduction of the necessary legislation to put the bio-fuels obli- gation in place by the end of 2010. Ireland’s national bio-fuels obligation scheme will take full account of EU and global devel- opments on bio-fuels and related sustainability criteria. Ireland is working closely with the Commission and other member states to ensure all bio-fuels placed on the European and Irish market are produced in a manner that does not harm indigenous communities, does not give rise to food security issues and that delivers real and worthwhile savings in greenhouse gas emissions. The trilateral discussions between Parliament, Council and Commission are coming to a close, and I expect to see the item on the agenda for the Energy Council later this month. This process provides a critical opportunity to set realistic and worthwhile criteria to govern the bio-fuels sector as we move towards our 2020 energy in transport targets. Given that bio- fuels will form an increasingly important component of European transport fuels in the coming years, it is absolutely vital that these criteria are not alone robust and effective in protecting those most at risk in the developing world, but also set the agenda for further investment in more efficient bio-fuel production, and for investment in second generation bio-fuels. Sustainable bio-fuels will play an important part in delivering the 10% renewable energy target for transport fuels by 2020. Electric vehicles will also play a key role in this regard. 191 Other 2 December 2008. Questions

[Deputy Eamon Ryan.] Through the full application of the EU sustainability criteria, the bio-fuels obligation scheme mechanism will allow us to ensure the bio-fuel we use is sustainably sourced, and evolving technologies will allow us to increase the penetration rate without any impacts on food prices.

Deputy Simon Coveney: The Minister might clarify what he means by sustainably sourced because I am not sure that bio-fuels will play an increasingly important role in terms of trans- portation fuel across the European Union, and he knows this as well. There will be a role for bio-fuels in the future but many are not quite sure what that role is. I am also surprised the Minister has not mentioned the Government’s bio-fuels pilot projects currently being proposed. My understanding is that the Government has incentives in place to encourage a certain number of people who are part of that scheme to produce bio-fuels into the future. Is that not the case? Could the Minister give us the detail of those pilot projects? The concern in the industry is that by taking the current approach where there are pilot projects on bio-fuel production over the next number of years to address the issues of feasi- bility, viability and sustainability, we kill the rest of the industry. While the Minister gives a certain small number of producers of bio-fuels preferential treatment to get them going on pilot project schemes, nobody else will invest in the industry.

An Leas-Cheann Comhairle: Go raibh maith agat.

Deputy Simon Coveney: I ask the Minister to address the immediate concerns of the industry in that regard rather than give a general answer on the future sustainability of first, second or third generation bio-fuels.

An Leas-Cheann Comhairle: I thank Deputy Coveney. There are a number of Deputies offering.

Deputy Eamon Ryan: To answer that question on what are sustainable bio-fuels, first, it is taking what are currently waste products and environmental problems such as tallow or veg- etable oil from existing processing industries and turning them into an energy source. I see that as sustainable. Second, the development of second generation bio-fuels — the technology must be delivered here — from algae or from other lignnocellulose material that currently cannot be transferred into bio-fuels but which scientists state may become a reality, would be a further sustainable source. Third, if we are to use bio-fuels from land use, produced either at home but particularly abroad, rather than from the first two processes I mentioned, it is crucial that they be sus- tainable in that the emission reduction achieved is real, not as in the case of some corn-to- ethanol or maize-to-ethanol bio-fuels that have come, particularly from the United States, in recent years. They should not come from land use processes that themselves are unsustainable, either in terms of the effect on food prices or on the natural environment. The definition of sustainable bio-fuels is those that meet such criteria. In the absence of us supporting the European Commission in this proposal, two things hap- pen. The first is that the entire European climate change package falls apart or certainly encounters difficulty because the renewables component, of which bio-fuels is one component, is a central structure keeping the European package together. The second, which is more crucial, is that while bio-fuels will develop regardless of what the European Union does, if it does not set targets and procedures, there will not be any sus- tainability criteria in place. Supporting the European Union targets is a way for this country to 192 Other 2 December 2008. Questions support proper standards in distant parts of the world because the European Union has the buying power to affect the standards that apply across the world. The pilot scheme contracts were signed and cannot be unsigned. The reason I want to put in place a bio-fuel obligation scheme is that it will treat all people in the industry on a level playing field where as long as they meet such sustainable criteria they have the ability to supply the market. That is a better approach than the approach taken to date of grant-aiding or giving a tax break to particular companies.

Deputy Simon Coveney: But they cannot compete with the pilot projects.

Deputy Liz McManus: I presume the Minister accepts that the meeting of targets requires a considerable amount of imported bio-fuels and the issue of traceability is crucial. I have been struck by the fact that when I raised this in the past the Minister was not even able to tell me what percentage of bio-fuels were imported as opposed to indigenous, let alone from where it was coming, and yet other countries and companies are able to set down requirements to ensure that ethical standards are met. We hear a great deal of talk from the Minister but, in terms of practical requirements on producers and suppliers, what will he do to ensure full traceability so we can be comfortable in the idea that we are not causing depredation across the developing world?

Deputy Eamon Ryan: In the absence of a European Union agreement I do not believe it is not possible for any country in Europe——

Deputy Liz McManus: I have here details of a Scandinavian company, Norenergi, which has specific requirements of suppliers. The Minister can look for it. It seems there is no difficulty.

Deputy Eamon Ryan: In listening to what every European Government has to say, they are agreed that it is through European sustainability criteria that one is able to trace and monitor, under World Trade Organisation rules, the transfer of bio-fuels and to set proper standards for them. It is right for Ireland to attach itself, and to meet its interests in the sus- 4 o’clock tainability criteria via such a European mechanism. For Ireland to try to do it alone would be incredibly difficult. Recognising that some of the fuels we import from the UK are already pre-blended with bio-fuel inputs, it is difficult for a country the size of Ireland to determine world trade rules in terms of bio-fuels.

Deputy Liz McManus: On a point of information——

An Leas-Cheann Comhairle: There is no such thing as a point of information but I am sure the Deputy has another question which she will ask briefly.

Deputy Liz McManus: The requirement set out by Norenergi, which is a huge company, is that suppliers must meet written assurances on GMOs and palm acid distillate. It is that specific, it is a requirement and there is no doubt about it. This company is not waiting for any European flimflam; it is doing it now.

An Leas-Cheann Comhairle: I am unsure if that is a question.

Deputy Michael D’Arcy: The planting of bio-fuels on good land is a crime against humanity and nothing will ever convince me otherwise. The products to which the Minister referred do not amount to anything but bio-methane could be hugely beneficial given the issues that have arisen in regard to the present numbers of bovine stock. We should be trying to turn negatives 193 Other 2 December 2008. Questions

[Deputy Michael D’Arcy.] into positives. A number of bio-methane units have been developed through private funding but there has been no support from the Department nor has any analysis been conducted.

An Leas-Cheann Comhairle: I know that a question is coming.

Deputy Michael D’Arcy: It is coming.

Deputy Noel J. Coonan: A loyal colleague.

Deputy Michael D’Arcy: This country’s bovine stock numbers run to millions. Will the Mini- ster consider making funds available to determine the size at which a herd can become a viable bio-methane unit?

Deputy Eamon Ryan: I thank the Deputy for reminding me that the definition of sustainable transport fuels should include electric vehicles, hydrogen fuel cells and bio-methane. I was pleased earlier this year to provide additional support to Irish agriculture for the development of schemes similar to those in place in Germany and elsewhere for anaerobic digestive pro- cessors that can produce bio-methane. Meeting our targets will require a range of supplies from existing waste products and Irish farms and other sustainable transport solutions rather than a big bang solution.

Electricity Generation. 78. Deputy Pat Breen asked the Minister for Communications, Energy and Natural Resources the consultations he has had with EirGrid on the viability of putting a new electricity grid structure underground as an alternative to overhead transmission lines; and if he will make a statement on the matter. [43664/08]

117. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources his views on the progress of the North-South interconnector; his further views on the findings of the ASKON report on undergrounding; and if he will make a statement on the matter. [43616/08]

Deputy Eamon Ryan: I propose to take Questions Nos. 78 and 117 together. The Government’s energy policy framework 2007–20 underlines the importance of ensuring the continued availability of reliable, secure and competitively priced energy supply. This is vital for the competitiveness of Irish industry and Ireland’s long-term economic and social development. In delivering on this imperative, the energy policy framework committed to the publication of a grid development strategy and to the delivery of the North-South and Meath-Cavan trans- mission lines and the east-west interconnector. EirGrid’s grid development strategy, grid25, was launched on 8 October 2008. This sets out a road map for the development of the electricity transmission network for the next 17 years and aims to double the capacity of the national grid during this period. The North-South and Meath-Cavan transmission lines and the east-west interconnector are interrelated projects which are of strategic national importance to Ireland. They will link Ireland to the wider UK market and facilitate competition as part of the all-island electricity market. They will also lead to major improvements in the reliability and quality of supply, both locally and nationally, to the benefit of business and consumers and will facilitate higher levels of renewable electricity penetration in line with Government targets. 194 Other 2 December 2008. Questions

While I have no direct role in regard to routes and the planning of transmission lines, I am mindful of the concerns expressed about specific developments and the development of the grid generally. To this end, earlier this year my Department commissioned an independent study on the comparative merits of high voltage overhead electricity transmission lines versus underground cables. I published the study in July 2008 and conveyed it to the Oireachtas Committee on Communications, Energy and Natural Resources. The study concludes that underground transmission cables can be expected to have forced outage rates which are at least ten times greater than those expected of overhead lines. The consultants describe this as a severe limitation for underground cables and, consequently, underground cables do not compare favourably to overhead lines in terms of adequacy of the electricity transmission system and reliability of electricity supply. The consultants describe this finding as the dominating criterion when comparing overhead and underground technologies. They note that the associated negative impacts cannot compensate for any of the advantages of underground cables. The study also concludes that the cost implications of underground cable proposals are difficult to quantify but would be significant. Based on case studies conduc- ted by the consultants, they state that the cost of underground cables would be approximately five times greater than the capital cost of overhead lines and three times the life cycle cost. I am aware of the ASKON report commissioned by North East Pylon Pressure and I am advised that EirGrid is examining the aspects of this report that have been made available. EirGrid has also had a number of constructive meetings with North East Pylon Pressure. Aris- ing from these meetings, EirGrid has stated that they would welcome an opportunity to meet the authors of the ASKON report to more fully inform its understanding of the basis for the report’s conclusions. This engagement with North East Pylon Pressure is part of ongoing pre- planning application consultations by EirGrid on the North-South transmission line. In its plan- ning application to An Bord Pleana´la, EirGrid will be required to submit full details of its proposed route and technology selection, as well as a full environmental impact assessment. In addressing technology selection, EirGrid will provide An Bord Pleana´la with a full report analysing the issues involved with undergrounding the 400 kV project. EirGrid expects to submit a planning application for the North-South transmission line to the strategic infrastructure board in 2009. The target completion date for the line is 2012.

Deputy Simon Coveney: I thank the Minister for his reply but I disagree with much of what he said. He stated that he has no direct role in determining whether Ireland’s infrastructure should go underground or over ground but that is not the case. He is the policy leader in this area. This issue does not solely affect EirGrid. In Denmark, politicians and policy makers have agreed under a compromise arrangement that all power lines built in the future, including 400 kV lines, will be put underground. I understand that has been formalised in a new law. Let us have a frank discussion instead of saying it is EirGrid’s problem. The ASKON report will be——

An Leas-Cheann Comhairle: A number of Deputies wish to contribute.

Deputy Simon Coveney: There are two questions on this issue.

An Leas-Cheann Comhairle: I will explain the rules to the Deputy. Each Deputy has one minute, regardless of the number of questions asked, and I can call Deputies again. The Deputy has already used two minutes. 195 Other 2 December 2008. Questions

Deputy Simon Coveney: I will ask the Minister some brief questions. Has he read the ASKON report and, if not, will he read it and will he draw different conclusions to those drawn in the Ecofys report commissioned by his Department?

Deputy Eamon Ryan: The Deputy misquoted me. I did not say I have no role but that I have no direct role in regard to routes and planning applications for transmission lines. The Department retains a policy role on how we develop our electricity supplies and network. That is why we commissioned an independent study on the merits of this clearly contentious issue. I have regard for that report, as well as the ASKON report. I have considered both reports.

Deputy Simon Coveney: Has the Minister read the ASKON report?

Deputy Eamon Ryan: Yes. For the Deputy’s information, I travelled to Denmark earlier this year, where I met the engineers responsible for the development of that country’s transmission line. They had every interest in putting their 400 kV lines, which are similar to ours, under- ground. They desperately wanted to construct the interconnector because they are to Denmark’s economic advantage in terms of the trade in energy between the north pool and the German markets. Similar planning concerns arose in regard to whether the lines should be installed underground or over ground. The engineers were pulling their hair out because they said, in an honest way, that it was not technically feasible to put them underground. This response is similar to the findings of the independent report commissioned by my Department. Deputy Coveney heard in committee from a professor of electronic engineering in UCD who is an independent expert and has no vested interest in the matter but who gave exactly the same answer. Transmission systems of this type and over this distance cannot be built underground.

An Leas-Cheann Comhairle: A number of Deputies wish to contribute.

Deputy Eamon Ryan: At this time of economic difficulty, we must recognise that the option of not proceeding with the transmission connections is to condemn certain areas of the country to being ignored for future employment opportunities. In regard to what the Deputy said earlier about being ambitious for electric vehicles——

An Leas-Cheann Comhairle: I need to call other Deputies.

Deputy Eamon Ryan: I will finish this point if I may.

Deputy Simon Coveney: I am aware of the need for an interconnector.

Deputy Eamon Ryan: We will not be able to develop such systems in the absence of an electricity system that works.

An Leas-Cheann Comhairle: I know the Minister wants to give information——

Deputy Liz McManus: The Minister has never met those people.

An Leas-Cheann Comhairle: ——but a number of Deputies are still offering and I am very confined in terms of time.

Deputy Eamon Ryan: I apologise.

Deputy Liz McManus: Why does the Minister not meet the people concerned and tell them what he thinks of overgrounding? He is fairly clear in his statement and should tell them this. He has refused to even reply to their letters and they have received no correspondence what- ever from him. The Minister has come in here with a clear position and yet he will not be up 196 Other 2 December 2008. Questions front and tell the people campaigning, who have gone to considerable expense and trouble to put forward what I believe is a very well-researched case. He is treating them with a certain amount of disdain. He should speak to them as they are being directly affected.

Deputy Eamon Ryan: It is not disdain at all and I listen to and read any information provided by them.

Deputy Liz McManus: Why does he not speak to them?

Deputy Noel J. Coonan: He might learn something.

Deputy Eamon Ryan: I go back to where I started — I do not have a direct role in routes or planning.

Deputy Noel J. Coonan: Do not abdicate responsibility.

Deputy Eamon Ryan: It would be disingenuous for a Minister in each individual case where contention arises to pretend he or she can come in like a white knight and solve a problem. There are contentious issues regarding building of transmission and distribution pipelines across the country. I cannot intervene in each instance and say I have a role in planning.

Deputy Simon Coveney: This is the test case.

Deputy Eamon Ryan: As I stated in my response, I fully understand the concerns of the pressure group and have listened to the issues with no vested interest or in wanting to do them down——

Deputy Noel J. Coonan: The Minister should talk to them. They are nice people.

Deputy Eamon Ryan: ——or not meet any of the particular aspirations.

Deputy Simon Coveney: The Minister just told us that is EirGrid’s role.

Deputy Eamon Ryan: As I understand it, that pressure group has had a series of meetings with EirGrid and I hope some common ground can be realised where possible to achieve the aims of the group and EirGrid. There are good public policy reasons to try to deliver an electricity system for the area as well as the wider country.

Deputy Seymour Crawford: As one living in the Border area I welcome that there will be a connection at some stage but we must make every effort to ensure the issues raised in the ASKON report and others be fully looked into. Will the Minister advise if he will make every effort in instructing that the ASKON report be discussed at the relevant committee level so that all aspects of it can be looked into? Will he ensure the rights of the people will be looked after? When I met some of the EirGrid people, they seemed to have their mind made up. Is the letter sent by the Minister to Monaghan County Council definitive? The letter stated the pro- cess could not be underground.

Deputy Simon Coveney: I have a brief question to follow on from Deputy McManus’s com- ments. Will the Minister meet with the north east pylon pressure group?

Deputy Eamon Ryan: With regard to Deputy Crawford’s comments, I support a discussion of the ASKON report at the relevant committee as suggested. One must recognise at the same time that it is a difficult, complex and technical area and one needs a detailed knowledge of the law of physics and how transmission networks work to do justice to some of the issues 197 Other 2 December 2008. Questions

[Deputy Eamon Ryan.] raised. I support the suggestion and any committee that would give time and attention to those difficult issues. I fully commit the Government to the protection of the rights, interests and views of the people involved within the planning system, as well as their right to put forward alternatives.

Deputy Liz McManus: The Minister has no option on that.

Deputy Eamon Ryan: The Government is not blind or insensitive to people’s concerns. We will always listen to such issues. In the first instance, it is appropriate for the group to engage with EirGrid, as it has done. EirGrid has the role of looking at the specifics of what is possible. I support the process rather than wishing to set up a separate process.

Deputy Simon Coveney: EirGrid has made it clear that the Minister is the policy man.

Deputy Liz McManus: The Minister has no problem meeting with EirGrid but will not meet the people.

Deputy Eamon Ryan: I prefer to support that process and wish both sides the best of fortune.

Deputy Noel J. Coonan: The Minister should not opt out.

Deputy Eamon Ryan: It is important we get some agreement so we can deliver what we all agree is a crucial economic infrastructure for the stimulation of the country’s economy.

Deputy Simon Coveney: EirGrid has no part in policy.

Deputy Seymour Crawford: What of the letter to Monaghan County Council?

Deputy Eamon Ryan: The Deputies opposite are always talking about economic stimulus packages.

Deputy Liz McManus: The Minister is happy to meet EirGrid but not the people affected.

Deputy Simon Coveney: The Minister represents thousands of people but will not meet the people affected.

Deputy Liz McManus: That is very telling.

Deputy Eamon Ryan: One of the most crucial economic——

Deputy Liz McManus: It is very telling that he will not meet the people directly affected by this major infrastructure.

An Leas-Cheann Comhairle: That concludes our time.

Deputy Eamon Ryan: ——stimulus packages is in this area.

Deputy Seymour Crawford: What of the letter?

Deputy Noel J. Coonan: The Minister should play his part.

Deputy Eamon Ryan: Deputy Gilmore has talked about economic stimulus and might see it in action.

An Leas-Cheann Comhairle: I thank the Minister. 198 Leaders’ 2 December 2008. Questions

Deputy Noel J. Coonan: The Minister should play his role.

An Leas-Cheann Comhairle: That concludes Question Time.

Written Answers follow Adjournment Debate.

Estimates for Public Services 2008: Message from Select Committee. An Leas-Cheann Comhairle: The Select Committee on Education and Science has completed its consideration of the following Supplementary Estimate for the Public Services for the service of the year ending 31 December 2008: Vote 26.

Adjournment Debate Matters. An Leas-Cheann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy Mary Upton — the provision of funding to Drimnagh Castle secondary school, Dublin 12, in respect of the leaving certificate technology programme; (2) Deputy Bernard J. Durkan — the urgent and pressing issue of mortgage supplement in the case of a person where the HSE is only prepared to assist on a 50% basis as the mortgage is in joint names but there is a barring order against her husband and if the Minister will make a statement on the matter; (3) Deputy James Bannon — the need for the Minister for Finance to establish a mortgage rescue scheme to minimise mortgage repossession, which is a potentially major cause of home- lessness; (4) Deputy Ulick Burke — the impact the recent budgetary cuts will have on Mercy College, Woodford, County Galway; (5) Deputy Timmy Dooley — the need for the Minister to follow through on commitments to increase services in the mid-west region for cystic fibrosis patients; (6) Deputy Mary O’Rourke — the action needed to provide training places for apprentices who have been made redundant; (7) Deputy John O’Mahony — the impact the recent budgetary cuts will have on staffing levels at Craggagh national school, Tooreen national school and Killawalla national school, County Mayo; (8) Deputy Joan Burton — to discuss the impending crisis of underfunded pension schemes in the private sector; (9) Deputy Dan Neville — the increase in mental illness and suicide in times of economic recession; (10) Deputy Michael Creed — that the deadline for the closing date of the farm waste management scheme be extended past 31 December 2008 in light of a similar deadline extension in ; and (11) Deputy Joe Costello — the need for the Minister for Education and Science to provide permanent accommodation and permanent recognition for Glasnevin Educate Together National School, Dublin 9. The matters raised by Deputies Mary O’Rourke, Mary Upton, Ulick Burke and John O’Mahony have been selected for discussion.

Leaders’ Questions. Deputy Enda Kenny: When the budget was delivered on 14 October, the forecast was for a shortfall in taxes of \6.5 billion. Will the Taoiseach confirm if the November returns are consist- ent with that forecast? If they are not, what are the implications?

The Taoiseach: The Exchequer returns are due for publication this evening, as the Deputy knows. If they are not exactly as outlined in the budget, further measures will have to be considered.

Deputy Enda Kenny: I understand the Exchequer returns to be published at 4.30 p.m. are almost \1 billion off from the forecast made on 14 October, when the budget was delivered. That means the economy in this country is now in freefall. Some 10,000 jobs per month are 199 Leaders’ 2 December 2008. Questions

[Deputy Enda Kenny.] being lost and while the British Government reduced its VAT rate, our Government has increased it with devastating consequences for retailing within 50 miles of the Border and beyond. There is still no credit flowing from the banks to small businesses. The budget and bank guarantee system was supposed to deal with these problems but it has not. If these reports are correct — we will know at 4.30 p.m. — will it be the view of the Taoiseach that the budget figures for 2009 will be in shreds? There are over 2 million people at work in this country.

Deputy Jim O’Keeffe: There used to be.

Deputy Enda Kenny: There is a clear need to instill confidence in the Irish consumer and economy. Everybody is afraid to spend a euro now. The Government’s budget cut back capital projects by almost \1 billion. Carbon credits were paid out to power generators when it was not necessary and the position in Northern Ireland is now devastating for the retail trade across a swathe of the country. Will the Taoiseach revisit the capital budget arithmetic because investment is needed in serious infrastructure projects to allow people continue to work if they have been out of work since the collapse of the housing industry? Is the Taoiseach prepared to look at the question of a reversal of the 0.5% increase in the rate of VAT, which is crucifying retail at the moment? Will he consider the implications of the investment available to the Government from a pay freeze, the money from which could be reinvested into the economy to upskill and retrain, provide schools and retain teachers and be used in many other areas which are causing diffi- culties in the health and agriculture sectors and so on? Is the Taoiseach prepared to consider again the budgetary arithmetic of 14 October in view of the devastation that now faces us and the lack of confidence that the Irish consumer has in the economy? What is the Government’s plan to inject confidence into the economy so we can kick-start it again through infrastructure, retraining, upskilling and getting back to a point where we can begin to trade increased exports? What is the Government’s plan now in view of reports that the Exchequer returns for November are seriously off line with those forecast in the budget on 14 October?

The Taoiseach: As Deputy Kenny is aware, we are experiencing a sharp deterioration in the economic situation internationally and that obviously affects an open economy like Ireland’s, as any other. The Government’s approach has been to invest over \8.2 billion in direct Exchequer funding in a capital investment programme, together with the possibility of up to a further \800 million in public private partnership money for next year’s capital programme. That represents about 5.2% or 5.3% of GNP, which is more than twice the average capital investment in other countries. The package being suggested relates to a stimulus of the order of 1% of GNP. There are various responses from various countries to be envisaged in that, in terms of the draft Commission proposal for consideration at the European Council meeting next week. We are already investing about 2.5% more as a percentage of GNP in capital infrastructure next year, based on existing plans, than the European Union average. We have kept up capital expenditure to the greatest extent possible because we believe that is an important part of providing for a more competitive economy when the upturn comes. As regards the current budget deficit, an increasing amount of funding will have to be pro- vided next year for a deficit on the current side. We need to address that issue over a period of years to ensure we bring current budget spending back into balance, which will require primarily continuing to look at expenditure programmes. That is the reason Mr. Colm McCarthy’s group will come forward early next year with proposals for what other areas of 200 Leaders’ 2 December 2008. Questions expenditure we will have to examine in order to ensure that we provide some stabilisation in the public finances.

Deputy Eamon Gilmore: The Exchequer figures for the first 11 months of the year will be announced at 4.30 p.m. — very probably before the Taoiseach and I conclude our exchange of questions and answers here. Will he take this opportunity to inform the House what the tax returns were for the first 11 months of this year, and how they compare to the Government’s projected figures? Can he say specifically by how much the tax figures for November were behind the projected level? Can he also tell the House what is now the projected Exchequer deficit for the end of the year? Does the Taoiseach accept that the Government was mistaken in increasing VAT to 21.5% in the budget, making our VAT rates the third highest in Europe? Does the Government have any plans to change the VAT regime, particularly after what has happened in the United Kingdom and the implications that has for cross-Border activity? On a related issue, I also want to raise with the Taoiseach what appears to be the Govern- ment’s response to the \200 billion recovery plan proposed by the European Commission. A spokesperson for the Minister for Finance is reported to have said that while the Government welcomes the European Commission’s proposed \200 billion recovery plan, the Government’s feeling is that enough is already being done. Quite clearly, however, not enough is being done. I doubt if the 150 workers who were told today that they will lose their jobs at FBD think enough is being done, or the other 150 workers at Element Six in Shannon who have been told they are to be let go before Christmas. Will the Taoiseach inform the House what the Exchequer figures for the first 11 months of the year are? Will he also tell the House what steps the Government intends to take to address this situation?

The Taoiseach: Expenditure for 2008 is broadly in line and we estimate that the reduction in overall revenues over those projected will be approximately 13%. November is a disappointing month and next month will be also. It reflects not just the situation in the construction industry but also, more broadly, a slowdown across the economy which we have all observed in recent times. Economic forecasters have indicated a difficult year coming up in 2009 also. While I want to maintain the convention regarding the issuing of the November returns with the Department of Finance in the normal way, there will be a deterioration on the projected 5.5% deficit for this year. It will be above that because of the slowdown in the economy and the fact that the reduction in taxation concerns not only property-related taxes but also other taxes which have performed disappointingly, as one would expect, including corporation tax returns which reflect reduced profitability in the more exacting economic circumstances they are now contending with.

A Deputy: Economic mismanagement.

The Taoiseach: That deterioration must be addressed by the Government examining further programmes to see in what way we can ensure that going into next year, as challenging as it may be, we can seek to stabilise finances further. The Deputy mentioned further borrowing in order to borrow our way out of a problem, but that is not necessarily a lesson that remains unlearned in this country. We must recognise that, even in the difficult times in which we are operating, there is a considerable commitment by the Government to invest in a capital programme of over \8.2 billion. That is, quite rightly, a significant commitment by the Government given the part of the economic cycle we are in at the moment. It certainly does not offset the reduction in economic activity in the private sector 201 Leaders’ 2 December 2008. Questions

[The Taoiseach.] in view of the openness of the economy and the difficulties we now face, but it is a considerable commitment of over 5.2% or 5.3% of GNP in next year’s capital programme. The real issue is the need to continue to work on stabilising day-to-day expenditure in excess of revenues. That is the structural issue that must be addressed and on the basis of figures to emerge we will have to continue our work in that area and identify measures to ensure the sustainability of the public finances. Our top priority is to ensure we do so because that is the basis upon which we can determine a sustainable level of public services in future. On the basis of a deficit on the current budget side and in the overall public finances at the end of this year and into next year, one must consider the question of a stimulus package. We already have in our expenditure a stimulus package on capital investment which is, on average, double that which our European partners are in a position to commit to in respect of public investment programmes.

Deputy Eamon Gilmore: The Taoiseach answered a lot of questions but unfortunately not the one I specifically wanted him to answer, so let me put it another way. I do appreciate the convention but since it is now 4.30 p.m. the Taoiseach is released from that convention. By how much will tax revenues this year be less than projected, either at the beginning of the year or in the budget? That is the bottom line we want to know. The Taoiseach should express the figures in money terms rather than in percentages. Will the Taoiseach resist the temptation to discuss capital expenditure and so on and give the House the bottom line figure of how far tax revenues will have fallen this year compared to projections? It would be helpful if we are to understand our situation. When the Taoiseach states that programmes must be reviewed, reconsidered or revisited, is he discussing another budget? Will he address the issue I raised, namely, the Government’s budget decision to increase VAT rates? Our neighbouring state and the one with which we have a land border has reduced its VAT rates considerably.

The Taoiseach: Regarding VAT, the big issue in terms of trade flows is the exchange rate between sterling and the euro.

Deputy Noel J. Coonan: No.

Deputy Seymour Crawford: There are two issues.

The Taoiseach: While the UK’s standard VAT rate will have an impact on the price differen- tials between North and South in respect of some goods, it should be pointed out that the UK has increased excise duties on alcohol, cigarettes, petrol and diesel to offset the 2.5% reduction in VAT on those items. Approximately half of the value of goods and services purchased in the State are not subject to the standard rate of VAT and, therefore, are unaffected by the change therein. For example, all Government services, local authorities, hospitals, schools, the majority of foodstuffs, oral medicines, books, children’s clothes and so on are subject to a zero VAT rate. Housing, elec- tricity, gas, domestic fuels, restaurant services and labour intensive services, such as hairdressing and shoe repair, have the reduced VAT rate of 13.5% applied to them. As part of a fiscal stimulus package, the UK Government decided to reduce its standard VAT rate from 17.5% to 15% on a temporary basis with effect from 1 December 2008 to 31 December 2009. The exchange rate is the determining factor rather than the VAT rate.

Deputy Eamon Gilmore: Will we change our VAT rate? 202 Requests to move Adjournment of 2 December 2008. Da´il under Standing Order 32

The Taoiseach: No. The Opposition opposed various taxation and expenditure measures that we introduced to address the budget deficit on the current side.

Deputy Eamon Gilmore: What is the deficit?

The Taoiseach: It is projected to be 6.5% rather than 5.5%

Deputy Eamon Gilmore: What is that in money terms?

The Taoiseach: That will be outlined now.

Deputy Eamon Gilmore: The Taoiseach has the information with him.

Deputy Leo Varadkar: What about next year?

Deputy Eamon Gilmore: By how much will tax revenues decrease?

The Taoiseach: If I had the exact figures——

Deputy Leo Varadkar: Approximately \16 billion.

(Interruptions).

The Taoiseach: By 6.5%.

Deputy Eamon Gilmore: How much less tax revenue has the Exchequer compared to the projections?

The Taoiseach: Approximately \2 billion.

Requests to move Adjournment of Da´il under Standing Order 32. An Ceann Comhairle: Anois, iarratais chun tairisceana a dhe´anamh an Da´il a chur ar athlo´ faoi Bhuan Ordu´ 32. Before coming to the Order of Business, I propose to deal with a number of notices under Standing Order 32.

Deputy Aengus O´ Snodaigh: I seek the adjournment of the Da´il concerning the following matter of public interest requiring urgent consideration, namely, the need for the Government to mark this year’s Traveller focus week by reversing its policy of refusing to recognise the Traveller community as a distinct ethnic group. Travellers continue to experience significant discrimination. The refusal to recognise their ethnicity officially limits the protections available to them under national, European and international law and denies them access to the protec- tion of their cultural rights and basic services, as evidenced by the failure of local authorities to provide transient accommodation and the disproportional poor health outcomes among the community.

Deputy James Bannon: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of national importance, namely, the decrease in the value of Irish pension funds. More than 90% of such funds are expected to be in the red at the end of this year, which is another blow to the elderly and a threat to the welfare of those due to retire shortly despite the high- risk option proposed by the Minister for Social and Family Affairs, that is, to allow people to defer taking retirement annuities for two years.

Deputies: Hear, hear. 203 Order of 2 December 2008. Business

Deputy James Bannon: It is an important issue.

Deputy Thomas P. Broughan: I seek the adjournment of the Da´il under Standing Order 32 to discuss the following matter of local and national importance, namely, that the Minister for Transport should make an urgent statement in the House on yesterday’s \748 million takeover bid by Ryanair for Aer Lingus. As a 25% shareholder, will the Minister indicate to the Da´il how the Government intends to protect competition in the airline sector for Irish air passen- gers, protect national strategic aviation connectivity and uphold workers’ rights and conditions in the sector?

Deputy Pat Breen: I seek the adjournment of the Da´il under Standing Order 32 to discuss a matter of extreme importance, namely, the continuing job losses throughout the country, including the loss today of 300 jobs at Element Six in Shannon and FBD Insurance. Those 300 employees face a devastating Christmas with few alternative job proposals. I call on the Government, particularly the Ta´naiste, to renew efforts to attract new industry to my region, given the fact that almost 1,700 people have lost their jobs since the Taoiseach took up his position.

Deputy Martin Ferris: Under Standing Order 32, I seek the adjournment of the House on the following matter of public interest requiring urgent consideration, namely, the need for the Minister for the Environment, Heritage and Local Government, Deputy Gormley, to examine the decision of the Environmental Protection Agency to grant a licence for the building of an incinerator on the Poolbeg peninsula, to explain how the decision could possibly contribute to the protection of the environment and to seek the reversal of this disastrous decision in the interests of environmental protection.

Deputy Arthur Morgan: I seek the adjournment of the Da´il under Standing Order 32 to discuss the following matter of urgent public concern, namely, that the Minister for Transport should use his influence to review the Aer Lingus decision to implement an early retirement package, which will join more employees to their defined benefit pension schemes and place more strain on their pension funds at a time when markets are in turmoil. It has been reported that a number of pension schemes will collapse within the next six months. According to a union report, the Aer Lingus supplementary scheme has lost close to \14 million in just six months. Adding more people to the pension scheme would only put further pressure on a severely strained fund.

An Ceann Comhairle: Tar e´is breithnithe a dhe´anamh ar na nithe ardaithe, nı´l siad in ord faoi Bhuan Ordu´ 32. The matters raised are not in order under Standing Order 32.

Order of Business. The Taoiseach: It is proposed to take No. 7, motion re referral to joint committee on pro- posed approval by Da´il E´ ireann of the Regional Fisheries Boards (Postponement of Elections) Order 2008; No. 2, Ombudsman (Amendment) Bill 2008 — Order for Second Stage and Second Stage; and No. 20, Nursing Homes Support Scheme Bill 2008 — Second Stage (Resumed). It is proposed, notwithstanding anything in Standing Orders, that No. 7 shall be decided without debate. Private Members’ business shall be No. 51, motion re agriculture.

An Ceann Comhairle: There is one proposal to be put to the House. Is the proposal for dealing with No. 7 without debate agreed to?

Deputy Liz McManus: No. It is important that it be debated. The fact that the motion pro- poses to postpone elections is an indication that the Minister, Deputy Ryan, seems to be turning 204 Order of 2 December 2008. Business into a serial postponer. The elections have been postponed each year since 2005 when they were supposed to have been held. We are being asked now to postpone them until 2009.

Deputy Pa´draic McCormack: There is something fishy here. It might be cod.

Deputy Liz McManus: This statutory instrument has the Minister’s official seal on it. The postponement order was presented to the House approximately one year ago. In reintroducing it today, “2007” has probably been Tipp-Exed and replaced by “2008”; and we are expected to rubber stamp it. This is so unacceptable that, when the Fianna Fa´il Minister made the same order in 2006, the current Minister described it as “a shocking indictment of the Government’s inability to prioritise the environment”.

Deputy Pa´draic McCormack: He did not mean it.

Deputy Joe Costello: He was not in government then.

Deputy Liz McManus: He then called the postponement a cowardly act. This serious accu- sation was made following a postponement of two years, but we are again being asked to prevent elections being called for a fourth year. It is not just cowardice; it is incompetence. The promised reform package has not been introduced, nor have the heads of a Bill or other legislation. The Minister is responsible for the fisheries boards and the management of same and has overseen a decentralisation process that has been most incompetent. In fact, that decentralisation did not happen but the process cost a huge amount. The money relating to decentralisation was taken from a fisheries budget that was quite small from the outset. I request a full debate on this matter so that the House does not merely rubber stamp this incompetence. There is a great deal of discussion from those on the Government side about reducing waste. However, when options are provided and opportunities are presented, we are again asked to defer matters and to play the patsies. That is unacceptable. On behalf of the Labour Party, I request that we engage in a debate on this matter so that we can deal with it once and for all.

The Taoiseach: This is a matter for the relevant committee in the first instance. If, upon its return, there is a need or a request for a short debate, we could try to accommodate it.

Deputy Liz McManus: I cannot accept that.

Question put: “That the proposal for dealing with No. 7 be agreed to.”

The Da´il divided: Ta`, 71; Nı´l, 59.

Ta´

Ahern, Dermot. Conlon, Margaret. Ahern, Michael. Connick, Sea´n. Ahern, Noel. Coughlan, Mary. Andrews, Barry. Cowen, Brian. Andrews, Chris. Cregan, John. Ardagh, Sea´n. Cuffe, Ciara´n. Aylward, Bobby. Cullen, Martin. Blaney, Niall. Curran, John. Brady, A´ ine. Dempsey, Noel. Brady, Cyprian. Devins, Jimmy. Brady, Johnny. Dooley, Timmy. Byrne, Thomas. Finneran, Michael. Calleary, Dara. Fitzpatrick, Michael. Carey, Pat. Fleming, Sea´n. Collins, Niall. Flynn, Beverley. 205 Order of 2 December 2008. Business

Ta´—continued

Gallagher, Pat The Cope. Moloney, John. Gogarty, Paul. Moynihan, Michael. Gormley, John. Mulcahy, Michael. Grealish, Noel. O´ Cuı´v, E´ amon. Hanafin, Mary. O´ Fearghaı´l, Sea´n. Haughey, Sea´n. O’Brien, Darragh. Healy-Rae, Jackie. O’Connor, Charlie. Hoctor, Ma´ire. O’Dea, Willie. Kelly, Peter. O’Flynn, Noel. Kenneally, Brendan. O’Rourke, Mary. Kennedy, Michael. O’Sullivan, Christy. Kirk, Seamus. Power, Peter. Kitt, Michael P.. Roche, Dick. Kitt, Tom. Ryan, Eamon. Lenihan, Brian. Sargent, Trevor. Lenihan, Conor. Scanlon, Eamon. Lowry, Michael. Smith, Brendan. McEllistrim, Thomas. Treacy, Noel. McGrath, Mattie. Wallace, Mary. McGrath, Michael. White, Mary Alexandra. McGuinness, John.

Nı´l

Bannon, James. Lynch, Ciara´n. Breen, Pat. Lynch, Kathleen. Broughan, Thomas P.. McCormack, Pa´draic. Burke, Ulick. McGrath, Finian. Burton, Joan. McManus, Liz. Byrne, Catherine. Mitchell, Olivia. Carey, Joe. Morgan, Arthur. Clune, Deirdre. Neville, Dan. Connaughton, Paul. Noonan, Michael. Coonan, Noel J.. O´ Caola´in, Caoimhghı´n. Costello, Joe. O´ Snodaigh, Aengus. Coveney, Simon. O’Donnell, Kieran. Crawford, Seymour. O’Keeffe, Jim. Creed, Michael. O’Mahony, John. Creighton, Lucinda. O’Sullivan, Jan. D’Arcy, Michael. Penrose, Willie. Deenihan, Jimmy. Perry, John. Doyle, Andrew. Rabbitte, Pat. Durkan, Bernard J.. Reilly, James. English, Damien. Shatter, Alan. Enright, Olwyn. Sheehan, P.J.. Ferris, Martin. Sherlock, Sea´n. Flanagan, Charles. Shortall, Ro´ isı´n. Flanagan, Terence. Stagg, Emmet. Gilmore, Eamon. Stanton, David. Hayes, Brian. Tuffy, Joanna. Hayes, Tom. Upton, Mary. Howlin, Brendan. Varadkar, Leo. Kehoe, Paul. Wall, Jack. Kenny, Enda.

Tellers: Ta`, Deputies Pat Carey and John Cregan; Nı´l, Deputies Paul Kehoe and Emmet Stagg.

Question declared carried.

An Ceann Comhairle: Deputy Kenny on the Order of Business.

Deputy Enda Kenny: I did not catch the end of what the Taoiseach said in response to the last question in regard to the Finance Bill. What is the projected deficit and projected level of borrowing for next year? 206 Order of 2 December 2008. Business

An Ceann Comhairle: We cannot go into that now.

Deputy Enda Kenny: I have asked the question anyway.

An Ceann Comhairle: I know.

Deputy Enda Kenny: The Taoiseach might be good enough to answer the question. There are only nine sitting days left before Christmas. Perhaps the Taoiseach will indicate when the legislation dealing with the medical card issue will come before the House. The Taoiseach will be aware it has been promised on a number of occasions. Does the Government intend to introduce regulations in the area of stem cell research, a completely unregulated area in this country? The Taoiseach will next week attend a European Council meeting in Brussels at which he will have to outline what he refers to as “elements of a solution” to Ireland’s rejection of the Lisbon treaty. The Taoiseach will be aware that the meeting is no ordinary meeting. I believe the House should discuss this matter——

An Ceann Comhairle: Deputy Kenny cannot discuss that matter now, as he well knows.

Deputy Enda Kenny: ——before the Taoiseach goes to Brussels.

Deputy Bernard J. Durkan: Hear, hear.

Deputy Enda Kenny: There should be a real debate on this issue in the House, which could assist the Taoiseach prior to his departure for Brussels. I expect the Government Whip——

Deputy Thomas Byrne: Deputy Kenny gave his press release last week.

(Interruptions).

Deputy Enda Kenny: ——might at least inform the other Whips if there is a possibility such debate could take place next Tuesday. I believe it is important we debate this issue of national interest. Ireland is now suffering from an element of anti-Europeanism in certain quarters, which is not good for the future of the economy.

Deputy Bernard J. Durkan: Hear, hear.

Deputy Enda Kenny: I believe we should have a debate on this issue in the House before the Taoiseach goes to Brussels to outline the position in this regard.

Deputy Bernard J. Durkan: Hear, hear.

Deputy Paul Connaughton: We should have a debate before the Taoiseach goes to Brussels.

The Taoiseach: As I understand it, the issue of stem cell research was discussed recently in the Seanad during Private Members’ time. No legislation in this area is promised on the Government side. On the legislation dealing with medical cards, the Bill concerned was brought before Govern- ment this morning and approved and can be dealt with subject to agreement by the Whips. On Deputy Kenny’s call for a debate on the Lisbon treaty issue, I understand that the excellent report published last week by the Sub-Committee on Ireland’s Future in the European Union in regard to the issues that have arisen out of the referendum could form the basis of a debate in the House next week. 207 Order of 2 December 2008. Business

Deputy Eamon Gilmore: Last night, a shocking “Prime Time Investigates” programme showed a huge level of exploitation of workers in this country. One of the most worrying aspects of this was that of road haulage drivers driving without brakes, which apart from being an exploitation of workers, also exposes other road users to considerable risk. 5 o’clock Legislation in respect of tightening up the rights of employees and to deal with problems of exploitation in the workplace has been promised for some time. When will the Employment Law Compliance Bill 2008, published in March, nine months ago, and not yet dealt with, be debated in the House? When will the Employment Agencies Regu- lation Bill 2007, which has been listed for publication, be published?

An Ceann Comhairle: I call Deputy Morgan on the same issue.

Deputy Arthur Morgan: I agree with Deputy Gilmore that the revelations made last night on the “Prime Time Investigates” programme were shocking. The problem spans many sectors. Part of the difficulty is that employers apply for and hold work permits. If employees applied for and held work permits, this would allow them much more latitude and would ensure this scandal is less likely to occur. When will the Employment Law Compliance Bill 2008 come before this House and will it deal with the critical matter of workers holding work permits?

An Ceann Comhairle: The Taoiseach, on the employment legislation.

The Taoiseach: The legislation referred to by Deputies Gilmore and Morgan——

An Ceann Comhairle: I must ask for silence in the House while the Taoiseach is replying.

The Taoiseach: The consultation process with the social partners is ongoing and it is unlikely the legislation will come before the House until early next year. While I did not see the prog- ramme concerned, its contents were reported to me. Any exploitation taking place in this area must be very much condemned and needs to be dealt with. It should perhaps bring some urgency to the consultations currently taking place.

Deputy Arthur Morgan: Will that consultation extend to include Members of this House as well?

Deputy James Bannon: Given the serious problems in the pensions sector, when can we expect publication of the family law Bill?

The Taoiseach: The family law Bill is due to be published next year.

An Ceann Comhairle: Whether it will resolve the pensions problem is another matter.

Deputy Leo Varadkar: As the Ceann Comhairle will know, since my election to this House I have taken an interest in the large number of State agencies operating in this country and, in particular, the actions of some of them. It was announced in the budget that approximately 40 agencies would be merged, requiring some 20 items of legislation. I have been in touch with all the Departments about this and of those 20 mergers, Bills are only anticipated in respect of five of them. I do not want to go through all of them, but I would be interested to know if it is the intention of the Taoiseach and the Government to bring before the House, in this session or next year, the necessary legislation to bring about all the amalgamations and abolitions outlined in the Budget Statement? In respect of the 20 proposed mergers, there are only five Bills to amend legislation, legislation exists to allow for one other merger by way of ministerial 208 Order of 2 December 2008. Business order, but there is no legislation to allow for the other proposed 14 mergers. I would interested to know if there is a commitment from Government to publish 14 Bills in respect of those mergers and, if so, when that will be done?

The Taoiseach: Different issues apply in regard to all these matters. The fact that there are a number of agencies to be rationalised and merged does not equate to the number of Bills that would be required to effect that. The state of readiness of the legislation, where it is applicable in various Departments, would vary from place to place. The important point is that a decision has been taken to proceed along the lines announced in the budget in respect of the agencies mentioned. It is for Ministers now to proceed with that with all due haste in consul- tation with the management and unions of those agencies.

Deputy Joe Costello: The Taoiseach may be aware that a major planning application for a \2 billion development has been submitted to deal with a large section of O’Connell Street and the surrounding streets. Two national monuments, namely, the GPO and 14-17 Moore Street, are in the heart of this proposed development. In the context of legislation that has been proposed to consolidate and modernise the existing national monument legislation, when will the national monument Bill come before the House?

The Taoiseach: Unfortunately, there is no date for it at the moment.

Deputy Joe Costello: There is a certain urgency about it.

Deputy Joan Burton: The Minister for Social and Family Affairs said yesterday that people in private pension schemes, if they collapsed would always have the State pension to fall back on. She spread considerable alarm and fear——

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

Deputy Joan Burton: Many people in State——

An Ceann Comhairle: The Deputy cannot make a speech on this matter.

Deputy Joan Burton: Is there a Government proposal to introduce legislation to make this possible because many people who have private pension funds do not have an entitlement in that respect? The Minister also indicated that people in private pensions funds are to be allowed to postpone purchasing an annuity.

An Ceann Comhairle: Every Deputy in the House wishes to raise matters that are outside the scope of the Order of Business. Is there legislation promised in that area, Taoiseach?

Deputy Joan Burton: Is there legislation or regulation promised in either of these respects, or was the Minister just having a Marie Antoinette moment of “let them eat cake——

An Ceann Comhairle: The Deputy should not mind Marie-Antoinette now, that was a differ- ent age.

Deputy Joan Burton: ——as there is always the public pension fund to fall back on.

An Ceann Comhairle: Is legislation promised in this area?

The Taoiseach: Legislation is promised in this area. Everyone will be aware that a very public consultation has taken place on the Green Paper on Pensions and discussions will continue between the Ministers concerned. 209 Order of 2 December 2008. Business

Deputy Joan Burton: The Minister frightened tens of thousands of people yesterday in her television or radio performance.

Deputy Eamon Gilmore: I received telephone calls to my constituency office all day about it.

The Taoiseach: I do not accept that at all.

An Ceann Comhairle: We cannot discuss television performances now.

Deputy Joan Burton: People were terrified by what they heard.

Deputy Pat Rabbitte: We did not hear an interview like it from a Minister since that given by——

Deputy Joan Burton: Joe Jacob.

Deputy Pat Rabbitte: ——the former Minister of State, Joe Jacob, who was very much loved on all sides of the House.

An Ceann Comhairle: We cannot start reviewing television programmes now, as the Deputy well knows.

Deputy Pat Rabbitte: Maybe the Chair has a point. I wrote to the Minister for Justice, Equality and Law Reform a few months ago urging him to bring the defamation Bill to Committee. Will the Taoiseach cause this Bill to be progressed, as the work of the press ombudsman may be at risk if it is not enacted. I do not know why it has slipped down the list of priorities since the Deputy Brian Lenihan left that Department.

The Taoiseach: I understand the Bill is waiting to go to Committee. I cannot give the Deputy an answer to that question. I will inquire and establish what is the position.

Deputy Thomas P. Broughan: I have a brief question for the Ceann Comhairle concerning a raft of questions he ruled out of order today and despite his well-known Kerry wisdom, I believe he got it wrong. They related to bus and DART fares and to who is the regulator in that respect. As the Ceann Comahirle might be aware, the Minister is still the regulator of fares applying to public transport. I cannot understand the reason he did not allow those questions to go forward. They related in particular to the swingeing increases in computer fares planned for early 2009.

An Ceann Comhairle: I communicated with the Deputy on that matter and will communicate with him further in greater detail.

Deputy Charles Flanagan: Yesterday, the Licensed Vintners Association announced a pro- posal to freeze the cost of drink, which will be welcomed in certain quarters as we approach Christmas. Can the Taoiseach confirm that the sale of alcohol Bill will not be published or taken this session, contrary to what was promised on numerous occasions throughout the year, particularly during the debate on the interim measure, the Intoxicating Liquor (Amendment) Bill earlier this year?

The Taoiseach: It is likely, given that the legislation is about to be given priority for the remainder of session, that it will not be taken this session.

210 Regional Fisheries Boards: 2 December 2008. Motion

Deputy James Reilly: I have just come from a meeting of the Joint Committee on Health and Children at which a situation pertaining to 400 children in institutions with disabilities was raised.

An Ceann Comhairle: The Deputy cannot discuss that matter now.

Deputy James Reilly: I am asking this question under No. 56 on the legislative programme. Given that this situation pertains, and given that HIQA has told us that it is putting in place new standards, but that they have to go to Government and be approved by it and that there are cost implications, will the Taoiseach advise if legislation is required to do this, if a sup- plementary budget will be required to do it and, if not, will the Government expedite this matter and provide for children with disabilities, who are three to seven times more like to be abused than their counterparts?

An Ceann Comhairle: The Deputy cannot make a speech on that matter. He will have to raise it at that committee. Is legislation promised in this area, Taoiseach?

The Taoiseach: The health information Bill is the legislation that refers to that issue. A consultation process has just been completed and is currently being analysed.

Deputy James Reilly: So no legislation is required.

Human Rights Commission (Amendment) Bill 2008: First Stage. Deputy Aengus O´ Snodaigh: Tairgim:

Go gceado´ far go dtabharfar isteach Bille da´ ngairtear Acht chun Acht an Choimisiu´ in um Chearta an Duine 2000 a leasu´ .

An Ceann Comhairle: An bhfuil an Rialtas in aghaidh an Bhille seo?

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): Nı´l.

Question put and agreed to.

An Ceann Comhairle: Since this is a Private Members’ Bill, Second Stage must, under Stand- ing Orders, be taken in Private Members’ time.

Deputy Aengus O´ Snodaigh: Tairgim: “Go dto´ gfar an Bille in am Comhaltaı´ Prı´obha´ideacha.”

Question put and agreed to.

Regional Fisheries Boards: Motion. Minister of State at the Department of the Taoiseach (Deputy Pat Carey): I move:

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

Regional Fisheries Boards (Postponement of Elections) Order 2008,

copies of which were laid before Da´il E´ ireann on 25th November, 2008, be referred to the Joint Committee on Communications, Energy and Natural Resources, in accordance with paragraph (2) of the Orders of Reference of that Committee, which, not later than 9th 211 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage

[Deputy Pat Carey.] December, 2008, shall send a message to the Da´il in the manner prescribed in Standing Order 87, and Standing Order 86(2) shall accordingly apply.”

Question put and agreed.

Ombudsman (Amendment) Bill 2008: Order for Second Stage. Bill entitled an Act to amend the Ombudsman Act 1980, to provide for the consequential amendment of certain other Acts and to provide for connected matters.

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I move: “That Second Stage be taken now.”

Question put and agreed to.

Ombudsman (Amendment) Bill 2008: Second Stage. Minister of State at the Department of Health and Children (Deputy Barry Andrews): I move: “That the Bill be now read a Second Time.” I am pleased to introduce this important legislation. The primary purpose of the Bill is to extend the remit of the Ombudsman and thereby ensure that members of the public have recourse to the Ombudsman in respect of the administrative actions of a much wider range of public bodies than heretofore. The Bill also provides the Ombudsman with additional powers and updates various provisions in the Ombudsman Act 1980 in the light of the passage of time. The Bill represents the most significant extension of the Ombudsman’s remit in almost 25 years. At present, the Ombudsman is empowered to investigate complaints about the adminis- trative actions of Government Departments and offices, the Health Service Executive, includ- ing the public voluntary hospitals, local authorities and An Post. The Ombudsman also has certain functions under the Disability Act 2005. When the Bill is enacted, the Ombudsman will be empowered to investigate the administrative actions of vocational education committees and higher education institutions. A range of other bodies whose administrative actions have not previously been subject to investigation are also being included. Last Wednesday, 26 November 2008, the Taoiseach launched the report of the task force on the public service, Transforming Public Services. The task force report builds on the analysis and conclusions of the OECD review and provides the framework for a comprehensive new approach to the reform of the public service. It is particularly appropriate that the Bill is being considered at this time given the renewed focus on public service modernisation and reform and on the responsiveness of public bodies to the citizens they serve. The term “Ombudsman” derives from a Swedish word meaning, literally, “agent” or “repres- entative” of the people and it was in Sweden that the first equivalent to a modern day office of Ombudsman was established in the 18th century. The starting point for the establishment of the office of Ombudsman in Ireland is somewhat more recent. In 1969, the report of the Public Services Organisation Review Group recommended the appointment of a commissioner for administrative justice, the theoretical prototype for the Ombudsman who would emerge much later. Six years after the publication of that report, a Da´il Private Members’ motion led to the establishment of an informal all-party committee to consider the possibility of appointing an Ombudsman. That committee reported in 1977 and recommended the establishment of an Ombudsman’s office. The Bill establishing the office was enacted in 1980 and came into oper- ation by Government order in July 1983. Ireland’s first Ombudsman, the late Michael Mills, 212 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage

RIP, a former political correspondent of the Irish Press newspaper, was appointed in 1984. Michael Mills served in the post until 1994 when Kevin Murphy, former Secretary General, public service management and development, in the Department of Finance was appointed Ombudsman. The development of the office continued under Kevin Murphy. He was also appointed as Information Commissioner in 1998. He was succeeded in June 2003 by Emily O’Reilly who was a well known political journalist before becoming the current Ombudsman and Information Commissioner. The role of the office is not simply to examine individual complaints but also to ensure a better quality service to customers or clients of public bodies by improving the system of public administration. The provision of advice to members of the public on issues and areas which do not fall within the Ombudsman’s remit, has become a growing area of activity for the office over the years. That is an important service for people. By the end of 2007, in excess of 69,000 valid complaints had been handled by the Ombudsman’s office. On average, approximately 38% of complaints have been upheld in whole or in part. The number of valid complaints received each year runs at approximately 2,500 at present. Inquiries, as distinct from com- plaints, are now running at a rate of approximately 10,000 a year. I am conscious that the wider improvements in public administration which the office of the Ombudsman can help bring about are often achieved through the unearthing of systemic issues that come to light, in the first instance, through individual complaints. The positive spin-off that this yields manifests itself in a number of ways. For instance, while the primary purpose of the Ombudsman’s annual report is to report to the Oireachtas on the carrying out of her functions, it also serves the wider role of alerting the public and public bodies to cases of interest that the Ombudsman dealt with during the previous year. Many of the public bodies which the Ombudsman deals with deliver services or administer schemes that are similar in nature. For instance, all hospitals face similar challenges in seeking to provide first-class patient care and all local authorities have to apply complex planning legislation and deal with large numbers of planning applications, while the various regions of the Health Service Executive administer a variety of programmes to deliver on health and social care needs. Thus, an individual case where the Ombudsman finds fault with a public body and suggests improvements in practices and procedures can provide a valuable learning experience for other public bodies that carry out similar work. In order to strengthen the role of the Ombudsman in this area, a provision has been included in the Bill for the Ombudsman to make a general recommendation to any of the bodies coming within her remit where, follow- ing an investigation, she considers it appropriate to do so. A further benefit arising from the work of the office is the correction of issues involving a public body which, in turn, leads to a retrospective review of similar cases that had arisen previously and where appropriate redress may be warranted arising from the decision reached in the individual complaint. That can yield benefits for a class of people who had never actually complained to the Ombudsman. The annual and special reports published by the office of the Ombudsman show how the office can make a difference in the lives of many people while at the same time helping to raise the standard of public administration in Ireland. Public bodies can use the outcome of Ombudsman investigations as an opportunity to turn complaints into a positive learning experi- ence for the benefit of the organisation and the members of the public with whom they deal. For example, in her 2005 annual report, the Ombudsman reported on an investigation into a complaint against Sligo General Hospital from the members of a family, whose father died in January 2000, two days after he had been admitted to Sligo General Hospital. The Ombudsman’s investigation identified a number of failings in the standard of patient care which 213 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage

[Deputy Barry Andrews.] the hospital had afforded the patient in that case. In a follow-up article in her 2006 annual report the Ombudsman singled out the hospital for praise for a range of initiatives it had taken in response to the investigation. Among those initiatives was a philosophy of care which was drawn up by the nursing staff working on the ward in which the patient at the centre of the complaint was treated. A steering committee was also established to drive new initiatives in regard to patient autonomy, integrated care, communication skills and dignity and design. The committee was also charged with ensuring those initiatives are acted upon, and are continuously evaluated within the hospital itself. Most recently, in October 2008, the Ombudsman published a systemic investigation report into the operation by local authorities of waiver schemes for refuse collection charges. That investigation was prompted following a complaint to the Ombudsman by a public representa- tive on behalf of a number of low-income householders who had been refused waivers by Waterford County Council. The Ombudsman subsequently decided to carry out a general investigation into waste charges waiver schemes, as operated in a representative sample of 23 local authorities. The investigation identified a range of inconsistencies and differences of approach by local authorities. For instance, a total of seven local authorities had no waiver system at all in place, on the grounds that the service was provided exclusively by private operators, others only gave waivers for refuse not collected by private operators, one county had three different waiver schemes in place, while the average value of an annual waiver varied from \40 to \357. Given the responsibilities of the Department of the Environment, Heritage and Local Government in local government matters, the Ombudsman recommended that the Department would take a lead role to help and encourage local authorities by carrying out a review of the administrative inconsistencies and anomalies that exist in waiver schemes throughout the coun- try; devising guidelines for local authorities that would assist them in achieving fairness, equity and consistency in the administration of waiver schemes; addressing the legal position relating to the provision of waiver schemes where the waste collection service has been fully privatised; expediting consideration of the regulation of the waste management sector with particular reference to the needs of low-income households with a view to ensuring that all households availing of such services, from whatever source, are facilitated with a waste waiver scheme. The Department of the Environment, Heritage and Local Government, welcomed the report and accepted that the existing regulatory framework required modernisation. The Department also assured the Ombudsman that it would give the report and her recommendations the fullest consideration, in the context of the ongoing review of the regulation of the waste manage- ment sector. The main change introduced by the Bill relates to the Ombudsman’s remit. Her remit will now include vocational education committees and higher education institutions. In addition, many agencies which, until now, have not come within the remit of the Ombudsman will be included. Organisations such as the National Roads Authority, the National Treatment Pur- chase Fund, the Courts Service, FA´ S and many other State bodies whose activities affect the daily lives of citizens are being included. The bodies which are reviewable by the Ombudsman are set out in the First Schedule. The 1980 Act has two Schedules. The First Schedule has two parts. Part 1 lists bodies that are subject to investigation by the Ombudsman. Where certain functions or elements of the bodies listed in Part 1 do not come within the remit of the Ombudsman those are listed in Part 2 of the First Schedule. An example of that is the Department of Justice, Equality and Law Reform, which comes within the remit of the Ombudsman and, accordingly, is listed in Part 1 of the 214 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage

First Schedule. However the Garda Sı´ocha´na, which is excluded from the remit of the Ombuds- man, is listed in Part 2 of the First Schedule. For the most part the Bill retains the approach taken in the original Act. However, as well as considerably extending the number of bodies listed in the First Schedule we have also deleted Part 2 of the First Schedule. Any exemptions, which are limited, are now listed as part of the public body with which they are associated. The intention is to make the Ombudsman’s remit as clear and concise as possible. The Second Schedule lists bodies that are excluded from investigation. Generally those are commercial bodies, although the Schedule also includes, for example, the Attorney General’s office and the Director of Public Prosecutions. Again, we have retained that approach and the Second Schedule has been updated to take account of a number of commercial State bodies that have been set up since the office of Ombudsman was established. I will briefly outline the remaining sections of the Bill. Section 1 contains the Short Title and provides for a commencement date to allow some time for the office of Ombudsman to prepare for the significant expansion in her remit. Section 2 is a standard provision defining the term “Principal Act” for the purposes of the Bill as the Ombudsman Act 1980. In dealing with the remaining sections of the Bill, I will refer to that Act simply as “the 1980 Act”. Section 3 amends section 1 of the 1980 Act by introducing a number of definitions of part- icular terms which are used throughout the Bill. The terms “reviewable agency”, “entity”, “eligible person” and “exempt agency” are introduced and defined to clarify which bodies and which elements of bodies come within the remit of the Ombudsman, who may complain to the Ombudsman and the bodies, or elements of bodies, which are not subject to investigation. Section 4 amends provisions in the 1980 Act whereby the Government can add to or remove bodies from the Ombudsman’s remit by order. Section 10 of the 1980 Act contains a provision that allows the Government to amend the First and Second Schedules to the Act after consultation with the Ombudsman and the relevant Minister. Following the Supreme Court judgment in the Mulcreevy case and on the advice of the Attorney General, specific criteria are being introduced which bodies must satisfy before they can be brought within the remit of the Ombudsman by order of the Government. The criteria are very similar to those contained in the FOI Act and each such order must be approved by both Houses of the Oireachtas. Moreover, under section 6 of the Bill, provisions whereby the Government could, by order, remove bodies from the First or Second Schedules to the 1980 Act are being removed. Section 5 updates the reference to “European Parliament” in section 2 of the 1980 Act. Section 6 replaces a number of provisions contained in section 4 of the 1980 Act and deletes others as consequential amendments. Section 4 of the 1980 Act sets out the functions of the Ombudsman. The purpose of the amendments to this section is primarily to take account of the new definitions of “eligible person”, “reviewable agency” etc., that are being introduced in section 3 of the Bill. Section 6 will allow the Ombudsman to investigate a failure by a body to comply with the provisions being introduced in section 7 of the Bill. The relevant provisions in section 7 require bodies under the remit of the Ombudsman to give reasonable assistance and guidance in deal- ings they have with members of the public. Section 6 also provides additional grounds for the Ombudsman to decide not to undertake an investigation, or to discontinue an investigation. The additional grounds are where she is of the opinion that satisfactory measures to remedy the cause of a complaint have been, or are proposed to be, taken. 215 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage

[Deputy Barry Andrews.]

Section 7 introduces a new provision in regard to the rights of citizens in their dealings with public bodies on administrative matters. This section sets out the entitlement of citizens to a high level of service from those bodies that come within the remit of the Ombudsman. Consist- ent with the resources available to them, public bodies will be required to give reasonable assistance and guidance in their dealings with the public; ensure that the business of individuals is dealt with properly, fairly and impartially; and provide information on any rights of appeal or review that people have. Individuals will have recourse to the Ombudsman in regard to compliance by public bodies with these new provisions. Section 8 amends section 5 of the 1980 Act, which concerns matters excluded from the Ombudsman’s remit. For the most part, the excluded areas are the same as those contained in the 1980 Act. One notable change concerns the exclusion of matters relating to recruitment or appointment and the terms and conditions according to which a person in a reviewable agency is employed. The limitation in the 1980 Act, which excludes these matters for people working in a reviewable or an exempt agency only, will no longer apply. The Bill now provides that, in respect of these types of employment-related issues, the Ombudsman will have no jurisdiction regardless of the organisation concerned. The rationale for this is clear: the role of the Ombudsman is to safeguard the rights of individuals and society in dealing with public bodies and not to investigate issues concerning terms and conditions of employment. Section 9 of the Bill will strengthen the powers of the Ombudsman. At present, following an investigation, the Ombudsman may recommend that a body take a particular course of action but she is not empowered to make general recommendations to other public bodies. Section 9 provides that the Ombudsman can make general recommendations to such bodies within her remit as she considers appropriate. The Ombudsman will also be empowered to request bodies to notify her within a specified timeframe of their response to her recommendation. Section 10 also strengthens the powers of the Ombudsman. At present, the Ombudsman can require a person who is in possession of information relevant to a preliminary examination or an investigation to provide it to her office. The Ombudsman will now be enabled to apply to the Circuit Court for an order directing the relevant person to comply should this prove neces- sary. Section 11 of the Bill is a consequential provision. Section 12 reflects the fact that legal issues may arise from time to time in an investigation or an examination by the Ombudsman. Based on similar powers available to the Office of the Information Commissioner under the FOI Act, this section will allow the Ombudsman to refer a question of law arising in an examination or an investigation to the High Court. The decision of the High Court will be final and conclusive. Section 13 amends section 9 of the Ombudsman Act 1980 to align the latter with the Freedom of Information Act 1997. At present, under section 9 of the 1980 Act, a Minister or the Revenue Commissioners may notify the Ombudsman that the disclosure of a document, class of docu- ment, or information, would be prejudicial to the public interest. The Ombudsman is not auth- orised to reveal any such document or information. Section 13 of the Bill will bring these provisions into line with the Freedom of Information Act in providing that only an “exempt record” within the meaning of the FOI Acts can be the subject of such a notice. Section 14 deletes subsection (4) of section 10 of the 1980 Act. The latter provides that the Minister for Finance can delegate powers exercisable by him under the Civil Service Regulation Acts 1956 to 2005. This provision is no longer necessary as the Civil Service Regulation (Amendment) Act 2005 provides that the Ombudsman is the appropriate authority for staff, 216 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage within that office, at the grade of principal officer and above, and the head of the office is the appropriate authority for staff below that grade. Section 15 limits the use of the title of “Ombudsman” to positions that are either authorised to use the title by an Act of the Oireachtas, have obtained the consent of the Minister for Finance to do so on foot of consultation by the Minister with the Ombudsman and relevant Ministers, or had commenced using the term before 9 July 2008. The purpose of these pro- visions is to prevent a proliferation of entities using the term “Ombudsman” and safeguard the position and status which the Ombudsman and related offices hold in society. Sections 17 to 21 of the Bill contain a number of consequential amendments to other Acts to take account of the definition of “reviewable agency” introduced by the Bill. I trust Deputies will strongly support this Bill and will welcome the new powers being given to the Ombudsman and the significant expansion of her remit. The Bill comprises a positive set of measures which will empower citizens in their interaction with public bodies and help further to improve standards of public administration. I commend it to this House.

Deputy Richard Bruton: I wish to share time with Deputy Kieran O’Donnell.

Acting Chairman (Deputy Noel O’Flynn): Is that agreed? Agreed.

Deputy Richard Bruton: I welcome this Bill, which has been long anticipated. Over the years in which the Ombudsman has been in action, there has been a quiet revolution in the attitude within the public service to responding to needs and complaints. This is a welcome development although there are still cases — these are the ones that command headlines — in which people’s needs seem to have been trampled upon. It is very important that the Office of the Ombudsman exists and that we strengthen its powers. There has been great progress since the appointment of the Ombudsman. A number of elements of this Bill are to be welcomed. I welcome the general recom- mendations that can now be given by the Ombudsman. The existing power, which is essentially to provide an adverse report to the Da´il, is very limited. It is a long stop and is not likely to be used in respect of an individual agency. It is important that general recommendations can be made by the Office of the Ombudsman. The Ombudsman has been gaining considerable experience in dealing with issues of complaint and dissatisfaction. There is no doubt that the lessons being learned in her work could apply in many areas. I suspect that some of those lessons could even be applied in areas that are not considered to be within their scope, such as to clinical issues in the area of health, in respect of which the lack of a satisfactory way of dealing with complaints is not only a frequent cause of considerable disquiet but also of liti- gation at a later stage. It is welcome that the Ombudsman has the capacity to require legal cases to be stated. I welcome the fact the Bill envisages that bodies under the remit of the Office of the Ombudsman will have systems for dealing with complaints promptly and that there will be a statutory power to achieve this. One could well ask why the Bill does not go a step further, for example, by giving the Ombudsman’s recommendations and guidelines for bodies the legal force of a code of practice. Thus, if accepted by the body concerned, the guidelines would have legal force. Such codes of practice are now commonplace among financial regulators, including the Finan- cial Regulator. Such codes of practice allow a regulator or ombudsman to extend the bound- aries over time. This sort of growth, which would have the force of law, would be beneficial. I am interested in hearing the Minister of State’s response to that idea. Perhaps we need to examine dispute mechanisms other than the traditional ones in the public service. Perhaps the Ombudsman should be given the power to recommend mediation to a 217 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage

[Deputy Richard Bruton.] body rather than adopting the rather cumbersome approach of investigating each case and making an ultimate decision. The Minister might consider giving to the Ombudsman, as an additional option in her armoury, the flexibility to ask a body with a difficulty to proceed to mediation. A continuing cause of unease is the very long list of bodies excluded from the Ombudsman’s remit. I am surprised that regulatory boards are excluded. It is hard to understand why regu- lators who make decisions about institutions and their behaviour would not themselves be subject to the services of the Ombudsman. They deal with complaints and cases put to them by members of the public and the opportunity for maladministration clearly exists in the way a regulator might deal with such an issue. The basis for these exclusions is not clear and I would like to hear the Minister restate why he believes bodies with a commercial mandate should be excluded. Many bodies with commercial mandates are excluded, such as Dublin Bus, the ESB, CIE and Bord Ga´is and their regulators. Can the Minister justify why he believes this should continue to be the case? There is little reason for so doing. One reason that might be offered is that some of these companies compete with private operators who would not similarly be overseen by the Ombudsman. It would be difficult to present a credible commercial case that cited the right of appeal to an Ombudsman as a burden on a commercial State body. I would like to hear the Minister justify this position. The Ombudsman has rightly spoken about the interplay between her office and our work. Ultimately the Oireachtas is the body to which she reports. She made the point that in recent times we have created hundreds of new agencies which have not been subject to proper parliamentary scrutiny. Many on this side of the House would agree. The democratic model we must promote is that of strong parliamentary accountability, with right of appeal to the Ombudsman in cases of failings in individual cases. We must revisit this matter of the account- ability to this House of many agencies. Many Members on this side of the House are driven crazy when they deal with bodies such as the Health Service Executive and try to get responses from it. Some of us were amused to hear that Cabinet Ministers find such bodies equally impenetrable when they try to get answers or discover what is happening internally in some of the agencies which we set up, all unwitting. Perhaps parliamentary reform is not within the Minister of State’s mandate but it must be addressed. The Minister of State did not explain why he did not accept the recommendation made to include asylum and immigration matters within the remit of the Ombudsman. The Ombudsman presented a case for that seemed credible because there is such precedent in other jurisdictions. The Minister of State did not indicate the reasons for his response. Significant public service reform is coming on to the agenda and is long overdue. There must be a serious quality assurance revolution within the public service. The Ombudsman pointed out that our endeavours must be to drive better systems of public service delivery and I believe these will be accelerated in future times. We must also be cognisant of the important values that underpin public service in the treatment of individuals. These include fairness, equality, integrity and recognition of the common good, values that got squeezed in Ireland in recent times by the economic model we pursued. As we embrace public service reform it is important to ensure that those important values remain core to the public service. The Ombudsman cited cases of people losing right of access to waiver schemes in the privatis- ation of certain services. That is a fundamental part of a fair system of service charges which has been lost. As we reform public services, one of the considerable challenges we face is ensuring that stakeholders, namely the users of public services, have an enhanced role. We must see that reform does not become a top-down, HSE-style driven efficiency. The model we must adopt is one that makes agencies accountable for the delivery of performance. The agree- 218 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage ments agencies enter into must involve a greater role for stakeholders. Why should stakeholders not be able to make choices? Why should schools not offer choices? That is the brief of the Minister of State at the Department of Education and Science, Deputy Haughey. Why should schools not be in a position to present choices to parents? In an enhanced design people might be able to design websites and teaching might involve something new. Why do we not consider after-school clubs as a way of dealing with challenges in our schools? Why are those choices not presented to parents in a systematic way? Why should we not give more authority to schools and to principals to develop options for enhancing their schools? In that way they would become more accountable to their stakeholders. The notion of top-down, one size fits all control has been a bad feature of our public service model and we must reform it. The Minister of State, Deputy Haughey, will agree with me that when it comes to the really tough issues like the drugs problem, school drop outs and anti-social behaviour, the State models are extremely poor. We must enlist the support of communities if they are to have any impact. Our systems are often poorly attuned. We must to develop a system where it is standard that agencies funded by public money offer choices to the stakeholders. Ideally, people will be able to choose the type of service and the most appropriate service for their needs. On a broader level, there must be choices about the direction a particular agency should take in serving local community needs. We have not established that into our system and, as a result, communities get frustrated with many agencies that are seen to be insensitive to local needs. The great challenge we now face is that, unfortunately, we are re-modelling public services against a tough background and a lack of resources. We must recognise that the crucial issue is to empower those who serve. Hospitals would be run in a considerably better way if patients had a stronger stake and the ability to command the way resources are spent. That would be a great advance. I see that the Acting Chairman is getting ready——

Acting Chairman: There are only 18 minutes left in this slot.

Deputy Richard Bruton: In broad terms, I welcome this Bill. I am sure we will have the opportunity on Committee Stage to debate many of the sections in detail and I look forward to that stage.

Deputy Kieran O’Donnell: How much time do I have?

Acting Chairman: The Deputy has 18 minutes.

Deputy Kieran O’Donnell: I ask to be called after ten minutes. I very much welcome this Bill which is opportune. The recent OECD report outlined proper reform in the public sector, particularly with reference to a customer-oriented public sector. This extension of the powers of the Ombudsman lies very much in this direction. In bringing in extra bodies, we have given power to the Ombudsman to make a general recommendation rather than merely specific ones relating to particular complaints. From now a general recom- mendation can be made to a body following an investigation. This is welcome and will bring about proper standards. Deputy Bruton made the point that it might lead to a code of practice or conduct for particular bodies. That is most opportune and should perhaps be put on a statutory footing. Up to now the Ombudsman could request information during investigations but there was no legal obligation on the body under investigation to provide it. The legal route can now be taken in order to obtain that information. That is very important. If needed, recourse to the High Court on a point of law will also be possible and that is welcome. 219 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage

[Deputy Kieran O’Donnell.]

Some 450 State agencies and bodies are now in existence. One might question the validity of many of them, which are outside the remit of Departments. Ministers are increasingly telling the House that they have no remit over a particular function and that in effect it is now the bailiwick of organisations such as the HSE and FA´ S. Power must be brought back within the executive function of Departments. This debate raises the broader question, as to why we have 450 State agencies and bodies, and what they are doing. They are bad value for money for the taxpayer, doing work that Ministers and their Departments should be doing — certainly this is something that must be looked at in depth. My second point is that Schedule 2 refers to exempted agencies. Why are such agencies exempted? If they have regulatory powers and are involved in regulation, they should be sub- ject to some form of oversight and regulatory procedures in their own right. A typical example is An Bord Pleana´la, some of whose decisions are not consistent, and that should be . Every ordinary person is dealing with An Bord Ga´is and the ESB on a daily basis. If a person has a query, he or she should be able to register a complaint through the Ombudsman’s office. State bodies should have no concern, in the event, if they are operating proper systems in line with suitable codes of practice for dealing with customers. That should not be an issue. We are seeking to bring about a customer centred environment. At the moment a great many public bodies are not customer centred, and basically employ a top-down approach rather than dealing with the customer on a proper basis. Effectively, if a private sector concern is not performing adequately, the customer will go elsewhere. Access to a proper complaints procedure is neces- sary within the public sector as well. There is no reason that bodies such as CIE, Bord na Mo´ na, the Commission for Energy Regulation and the Commission for Taxi Regulation should not be brought under the ambit of the Ombudsman, in terms of complaints procedures as well. The Ombudsman, Ms Emily O’Reilly, has indicated that the new legislation should have within it provisions for dealing with queries as regards immigrants and asylum matters. That should have been taken on board. We have to provide a consistent system across all areas, so that people are able to make complaints, as appropriate. Overall, the thrust must be that the Ombudsman’s office should be capable of providing ordinary individuals with the facility to make complaints without fear — and allow the Ombudsman to adjudicate as to whether further investigation is required. My understanding is that the Act, in a prudent manner, provides that the Ombudsman can provide formal mediation, if needed. It is a question of looking after the customer. I believe it will also have the effect of improving the quality of services being pro- vided by State agencies, and that is the key focus here. In summary, I welcome the legislation, which is long overdue. However, other bodies need to be brought within its ambit. The general regulations now being provided for under the legislation mean the Ombudsman can intervene as regards various bodies, rather than making specific recommendations on particular points. That should be examined in a manner that will give rise to codes of practice. Furthermore, specific proposals that may be made in particular cases that currently have the status of recommendations should be strengthened to ensure they can be enforced. However, these are wider questions that can be looked at on Committee Stage. I welcome the Bill, but there are points that require further examination.

Deputy Joan Burton: Any extension of the Ombudsman’s remit is to be welcomed. However, where a new body is being created that takes over the functions of an incumbent body covered by the Act, it falls outside the legislation unless there is an order, approved by both Houses. As indicated by previous speakers, it has become the practice of this Government to create and establish a whole series of bodies, taking over what used to be direct ministerial functions. 220 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage

As a consequence when a body comes into being, the Minister concerned frequently replies to Da´il questions to the effect that as this is a dedicated body, he or she will no longer answer parliamentary questions. Thus, the very important recourse in a democracy, namely legitimate questions about the action of a public body in regard to individuals or specific issues, is lost. This has been a very strong feature of Government over the past ten years. The principle should be that all State bodies are subject to the Act, as they are created or where they are in being, unless they are specifically excluded. That means if a new quango is created, delegating unto itself particular ministerial functions, as happened for instance with issues relating to the security industry, fresh legislation would not be needed. This means a new body, from the time of its establishment date, should be legitimately subject to inquiries by the Ombudsman, there- fore rendering some degree of accountability, particularly to individuals who might have issues to pursue with it. I welcome the extension of the remit of the Ombudsman’s Act to the bodies mentioned, particularly the educational institutions. That will be important where, for instance, a student could have a difficulty with an examination result or some other element of college or university administration. The tendency nowadays is to have recourse to legal remedies and to seek injunctions and so on. It would be much better if an Ombudsman examines the issue and either directs mediation or makes a preliminary finding. In most cases, that might well settle the particular problem, because very often people want information more than anything else. This is particularly true in the medical area where often something happens to a patient or where a patient dies, and all the grieving family wants is information on what happened to their relative. At present, where people seek information in such cases, hospital and medical authorities and the HSE are legally highly defensive. Instead of giving information, they tend to clam up and basically reserve their positions, because they anticipate potential legal action. Mediation, information and no-fault information in a whole series of situations over a range of public services would both save people a great deal of anguish and much court time. It would also save a great deal in legal costs for individuals and public bodies. This is something we have not encouraged. We are very litigious and our manner of reacting to complaints or inquiries about public bodies is to up the ante and almost call in the lawyers automatically. We should consider developing procedures in this area. I regret that a number of functions of the Department of Justice, Equality and Law Reform are excluded from the remit of the Bill. In her report last year, the Ombudsman made specific reference to the Bill. She welcomed the principle of the Bill extending her jurisdiction to bodies such as FA´ S, the Health and Safety Authority and so on. However, she went on to say that she regretted the fact that decisions on immigration and asylum matters would not be covered by the Bill. She pointed out that, by coincidence, there was a Bill before the Houses dealing with significant changes in immigration, residence and protection matters which proposed further radical changes to the administration of the asylum system. There is no provision under existing legislation for such complaints to be referred to the Ombudsman’s office. I am aware the Ombudsman made a submission to the Department on the matter as long ago as July 2005 and that she has been in contact with Mr. Thomas Ham- merberg, a Council of Europe Commissioner for Human Rights, and has expressed her concern about the restrictions in this area. We need to think further about the implications. I would like to point out one area that has caused frustration for me and many other Deputies. Significant numbers of Irish people are married to people from countries throughout the world. In my constituency I frequently come across cases involving an Irish person married to someone from places such as India or Pakis- tan. After the birth of a child, the parents often want the grandparents to visit and it is a 221 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage

[Deputy Joan Burton.] tortuous procedure to assist these people in getting a visitor visa. I have raised the issue with the Minister on a number of occasions. There are ways to address this issue. I have dealt with cases where the families seeking a visitor visa were significant people investing in this country. They have lived here for a long period and are willing to go guarantor and comply with any reasonable request to confirm that their relatives, if given a visitor visa, will honour its terms and conditions. However, it is imposs- ible to discover a defined procedure that is as fair as possible to deal with such situations so that people applying to embassy offices around the globe to visit their relatives who are settled here and married to Irish partners can do so. There appears to be no logical and transparent system for applying for visas. We understand the examination of such visa applications must always be subject to intense scrutiny by the Department. Nobody objects to this, but the problem is that sometimes a visa is granted, but more often it is not and it is extremely difficult to understand the reasons for the rejection of the visa application. In this situation, the administration of the system could be vastly improved. The situation could be improved even further if an attempt was made to deal with the consequence of the Government encouraging massive immigration to Ireland. In the news- papers this weekend there was mention of a visit of the former Minister for Enterprise, Trade and Employment, under FA´ S sponsorship, to various job fairs in Cape Town and South Africa. The purpose of that visit and expenditure was to encourage people from South Africa to emigrate to Ireland. The Minister spent significant sums encouraging skilled workers to come to Ireland. Many came, but if they want relatives to visit, they may find that while FA´ S was hiring a grand piano to draw them into its job fairs, they may not be able to get permission for their relatives to visit, despite the fact that relatives coming to visit must have a return ticket and sufficient funds to meet their needs. Another area of asylum and immigration legislation difficult to understand is the regulations relating to work permits for people coming here to work. Last night’s television programme, “Prime Time Investigates”, demonstrated the arbitrary way in which employers can act. They hold the work permits and vulnerable immigrants like the lorry drivers or domestic workers mentioned in the programme have few rights. They may suffer abuse unless the light is shone on how the work permit system operates. The Office of the Ombudsman would be a good office to investigate whether the work permit system operates fairly, both in the interest of Ireland and of the employees invited here on foot of work permits obtained by their prospective employer. Oversight by the Ombudsman of this area could result in a better system and reduce potential abuse by employers of people coming to work in such situations. With regard to asylum provision, from the 1990s on my area received approximately 500 families from Bosnia as a consequence of the war there, some of whom had been injured in the bombings in Sarajevo. Those people are now in Ireland almost 20 years and have integrated very well into the community. They came as programme refugees and were invited by success- ive Governments to live here. However, the rules relating to family reunification are extraordi- narily difficult to understand although they are a recognised part of refugee law for programme refugees. Allowing the Ombudsman the capacity for examination and oversight of this area would significantly improve the quality of the administration of the law in this regard. It is obvious this should be an area the Ombudsman should have the power to inquire into. I am sorry this Bill chooses to duck these difficult issues. The Department of Justice, Equality and 222 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage

Law Reform pretty much puts forward the theory that it is exempt from all inquiry by the Ombudsman, except with regard to the court system. The Department’s approach is wrong. The Garda Sı´ocha´na and elements of its operations could also be the subject of legitimate inquiry by the Ombudsman. The issues relating to members of the force who have issues with the administration of the force could also be an appropriate area of inquiry. I do not believe the walls of the Department would fall down if that were the case. I welcome the extension of the Ombudsman’s powers and I understand she has agreed to appear before the Joint Committee on the Environment, Heritage and Local Government on foot of an inquiry she conducted into waiver schemes for refuse collection. A series of different schemes operates across local authorities in Ireland and my Labour Party col- 6 o’clock league, Deputy Ciara´n Lynch, had raised a number of times the need for a national waiver scheme to clarify people’s entitlements, particularly those of pen- sioners, to reductions in the cost of their refuse charges. Having examined the issue, the Ombudsman made findings that are helpful to the administration of the Department of the Environment, Heritage and Local Government and local councils. Her appearance before the aforementioned joint committee to set out her views is a positive development. Much of what the Ombudsman does and many of the rights of that office are paralleled by freedom of information. I wish to mention two areas that cry out to be addressed by someone like an ombudsman. The first pertains to the issue of management companies because no legislation exists in this regard other than an entitlement under company law for the formation of a management company. Tens of thousands of people, particularly young people, have found the properties they purchased at great cost are subject to control by a management company. Such companies are necessary in the case of apartments. In recent years, however, traditional housing estates have been built in which local authorities have stipulated in the planning per- mission that the estate or development would be subject to a management company on completion. The idea is that the developer has the management company and that on completion of the development, it is handed over to a management company of the residents. However, this system is not working. Residents are being charged enormous fees by managing agents and management companies, often for work of a poor or non-existent quality and there is no one to whom to apply. Although a National Property Services Regulatory Authority was established approximately 18 months ago and while it wishes to be helpful, it has no legal status. Moreover, given the current climate of difficulty regarding house sales, management companies have col- lapsed and people in apartment developments are finding it difficult to process the sale of their apartments because the management company comprises a clause in the titles to the property. This issue affects tens of thousands of people and as public administration has almost no rem- edy to offer people caught in such difficulties, this must be addressed. I refer to house repossessions. Ireland has had a Financial Services Ombudsman in recent years who has been doing some excellent work. Every Monday, however, a procession of people, whose houses are being repossessed, comes before the masters of the various courts. Some mortgage companies are very eager to repossess mortgages at the first sign of difficulty and there is no code of practice or standard as to how this is applied. For example, one half of a couple with mortgage repayments of \1,500 to \1,600 per month may lose his or her job in the construction industry and as soon as the first payment is missed, the penalty charges begin to clock up like a cash register. The case is handed over to lawyers by the third month, when three months of arrears amount to a debt of perhaps \4,000 to \5,000. Within five months, by the time such companies have finished and the legal fees have been included, the debt may exceed \20,000. Moreover, the mortgage company will only accept total payment and will not 223 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage

[Deputy Joan Burton.] accept part-payments. The total payment includes the arrears, penalties and astronomical legal fees included by such companies. This is crazy given the present climate, because who will buy such houses after they have been repossessed? There are no purchasers in the market and in some cases, the local authorities will bear the burden when the people affected go on public housing lists or apply for rent supplements. At present, there are aspects of public admini- stration in which people’s capacity to make applications under the Ombudsman’s provisions would aid public administration. More particularly, it would aid individuals and families who suffer as a consequence of the failure to legislate or even to think out regulations that would address some of the difficulties into which we now face. I refer to small business people who are finding that banks are cutting down on their credit and overdraft entitlements. Many banks are doing this at present. For example, a business may have permission to avail of an overdraft facility of \10,000 or \20,000, which it may not use. At present however, the banks are writing to such businesses to notify them that the value of their overdraft is being reduced. This has consequences if the business’s debtors are slow to pay or, for example, they ask for an additional month’s credit on the basis they are known entities who always pay. In the present climate, business people may wish to be able to make an offer whereby they take 50% and extend an additional month or two of credit on the balance. However, their banks in turn are not making any allowances for such practices. This is an administrative issue in which a response that is both business-like and fair is required because circumstances have changed so dramatically. The remit of the various ombudsmans’ structures could be used to inform banks that although it is acknowledged they must be business-like and seek to avoid bad credit risks, at the same time, good businesses are experiencing difficulties and were everyone to work together and were some leeway given, people would be able to get out of this mess. While I seek imagination in this respect, unfortunately and surprisingly, the imagination to understand what people are suffering appears to have deserted Fianna Fa´il almost completely. While I do not know whether the Green Party has any input in this regard, no such imagination appears to emanate from Fianna Fa´il these days. The role of the offices of the various ombuds- men, which help with specific areas of difficulty by sorting out administrative rulings, making them more human, understandable and fair to the citizen or to businesses is an essential part of a modern democracy. Ireland improved dramatically in respect of its economy and every- thing else when we opened the door to freedom of information and let the light shine in. Ireland has nothing to lose as a country or an economy by letting in the light on how its public bodies perform. While I welcome this Bill, before Committee Stage the Minister should con- sider broadening its remit to include in particular the areas related to justice.

Deputy Seymour Crawford: While I have not engaged in much preparation on this issue, I felt obliged to say a few words on this Bill because the Office of the Ombudsman has provided a tremendous service over the years. The 2,500 complaints per year and 10,000 telephone inquiries per year give an indication of how the service is respected throughout the country and how people use it. Unfortunately, up until now there were a number of areas that the Ombudsman could not cover and I welcome the fact that those areas are taken included in the legislation. I was interested in the example of a complaint in Sligo General Hospital that the Minister of State, Deputy Barry Andrews, chose to use in his script. It is purely coincidental that the Minister of State, Deputy Devins, is in the House but if he reads the Minister of State’s script he will find it. By dealing with the complaint in Sligo General Hospital, the hospital services 224 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage improved dramatically in the subsequent period. That was a positive outcome and I was glad that the Minister of State highlighted it. There have been so many inquiries and reports done by private groups on the hospital services. Specifically, I recall the Pat Joe Walsh report on a not dissimilar case in Monaghan General Hospital. Initially, it was used to try to close the hospital. They could not manage that at the time. The HSE and the Minister did not learn from it, as obviously happened in the Sligo case. That is an important element of what the Ombudsman has been trying to do. The Ombudsman has been trying, not only to sort out problems but to give guidance on how improvements can be made in the future. When I look at the present situation of our hospital in Monaghan and the failure of the Minister, Deputy Harney, to even meet with its personnel, the consultants or the hospital alliance to look at how things could be done better, the Ombuds- man has still much to do in that area to save money and to ensure a better service. The previous speaker, Deputy Burton, mentioned that the Ombudsman will attend the Joint Committee on the Environment, Heritage and Local Government to speak about some of the issues she has dealt with in that area. I wish to be associated with the comments on the waiver system and how the Ombudsman improved that structure. I welcome it because in my constitu- ency there was a reluctance to give any waivers at all, no matter how difficult the circumstances. Especially in the case of the elderly or the handicapped on low incomes who would not be able to dispose of some of their waste in the way some of the rest of us would, in the garden or wherever else, the charges for waste were an imposition and the efforts of the Ombudsman in that regard were extremely important. I can see her having a much greater role in the area of local authority services. With the economic position getting much tighter, no doubt there will be efforts to cut back. It is important that the Ombudsman has the courage and the opportunity to ensure the provision of the best possible such services. I welcome the fact that a large number of new organisations has been included in the legis- lation. Specifically, I welcome the inclusion of the vocational education committees. While many of these do an excellent job, no doubt, according to records from the past, there were serious problems in some of them. It is only right that a person who has a difficulty with a vocational education committee or any other such organisation using public funds has the right to bring the issue to the Ombudsman to ensure that it is properly teased out. The Minister of State, Deputy Andrews, stated the Ombudsman’s remit will also now include the higher edu- cation institutions as well, and that is important. The Minister of State went on to state that organisations such as the National Roads Auth- ority, the National Treatment Purchase Fund, the Courts Service, FA´ S, etc., are being included. One cannot help but be pleased to hear that FA´ S is to be included. What has happened in FA´ S in the past while is an indication of how difficult matters can be. I congratulate those in my party and in the press and elsewhere who exposed the FA´ S issue. When I think back on the great work done by community organisations together with FA´ S workers, people who were on social welfare who felt they had no hope were taken on by FA´ S and given the opportunity to do good for their areas, and in many cases this led to employment. I support the work of FA´ S in places such as Dundalk and Drogheda in the provision of apprentice and other such services, but when one sees the Minister and chairman both involved in such wanton waste one realises that there is a dire need for the Ombudsman to be able to deal with such matters. We do not want inquiries and tribunals. We want structures like the Ombudsman to deal with such matters in a clinical and proper fashion and come up with the results in an open and transparent way. I welcome the fact that the present Ombudsman, Ms O’Reilly, is prepared to come in to the Oireachtas to discuss the role of her office in such an open and frank way. It is important 225 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage

[Deputy Seymour Crawford.] that Members of the Oireachtas and the public know exactly what services she and her office can provide. While I have the height of respect for the great work done by many officials of the National Roads Authority down through the years, there have been major problems with cost factors on projects such as the Dublin Port tunnel. There needs to be openness and transparency in such matters and there needs to be accountability. Some of the work the NRA has done in more recent times is excellent, but it is not above the law and the fact that we cannot ask the Minister a question in this House about a road or anything to do with the NRA is not accept- able and is extremely difficult. I have raised this point on many occasions when such organis- ations were being set up, and I especially raised it at the time the HSE was being set up. The bottom line is that under this Bill the National Roads Authority will be included. I also welcome the inclusion of the National Treatment Purchase Fund. I also have asked questions about the fund and been told it is a private organisation and we do not have any right to know. This is an organisation that is being paid for out of taxpayers’ money. I am aware of umpteen cases where the patient concerned should have been dealt with by the public health service but because of total mismanagement of that service, for which the mangers got bonuses, they must be passed on to be dealt with by the fund. I welcome that two of my constituents will be dealt with by the fund but this is being done because a ward in Navan hospital was closed. The theatre and staff are available for the oper- ation but the management decided to close the doors. Many people are suffering as a result of that decision. This issue needs to be investigated at minimum cost rather than by means of big inquiries or another quango. The Ombudsman does a great job in this context. I welcome the inclusion of the Courts Service in the remit of the Bill. A case was recently brought to my attention involving a young couple who built a house in which they intended to live for the rest of their lives. They wanted the best for their only daughter. They were assured by their architect that he was insured for \320,000 if anything went wrong. Unfortunately, things went badly wrong and the house developed cracks into which one could put one’s hands. The house has not fallen down but the rear of the foundation was found to be utterly useless. I am reminded of the biblical story about whether one should build a house on sand or on rock. It appears that half of this house was built on sand. When the problem was brought to the architect’s attention, he admitted that he was fully at fault. However, the insurance money also had to cover the legal costs of the case. To the best of my memory, the insurer’s solicitor took \63,000 and the man who was supposed to be advising the couple and their daughter on how the system worked is seeking \137,000. Anybody who knows the law will understand that if somebody holds up his or hands and pleads guilty, there is no case. The couple is left with \120,000, which will not go far towards rebuilding their house. Will this type of situation be covered under the Bill? The case has been considered by the Law Society and it is now with the Taxing Master but it is difficult to get support from these parties. I have no doubt that the Ombudsman would take this case seriously and ensure that justice is served and the rights of people upheld. Imagine employing a solicitor who looks after his own rights instead of his clients. I welcome the Bill and hope that it will address issues such as those which I outlined to the House. Other issues, including agriculture, also merit attention. The appeals system in the area of agriculture does not always reflect the reality of situations. I am not happy with that area and I hope the Minister can bring in further measures in that regard. I cannot overemphasise the positive impact the Office of the Ombudsman has made over the years. It has solved a great many problems and has done more than most in terms of improving administration. We have heard a lot about benchmarking. I do not want to give the impression that Sligo General 226 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage

Hospital is not a good facility but improvements have been made there on foot of an investi- gation by the Ombudsman. Similar progress was made in county councils and the Department of the Environment, Heritage and Local Government. The Office of the Ombudsman has a bright future and I welcome the expansion of its remit.

Acting Chairman (Charlie O’Connor): By order of the day, I call the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Jimmy Devins, to reply to the debate. The Minister of State is entitled to not less than 15 minutes.

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Jimmy Devins): I thank Deputies for their contributions to the debate and acknowledge the cross- party support given to the Bill. All Deputies would agree that the Ombudsman has made an important contribution over the past 25 years in terms of promoting high standards of public administration. This Bill will enhance that contribution. It comprises a progressive series of measures which complement the recent announcements made by the Government on broader public sector modernisation and reform. The Bill is being introduced at a time when we are facing a number of significant challenges. We are currently experiencing such severe economic and fiscal challenges that it is critical our public services are organised and delivered in as efficient and effective a manner as possible. The economic environment has deteriorated sharply and the turnaround is occurring with unprecedented speed and severity. Our focus must be on positioning the economy to take advantage of the upturn in the global economy when it eventually emerges. In other words, enhanced competitiveness in all sectors of the economy, including greater efficiency in the public sector, is imperative in returning to more normal rates of growth once the current difficulties recede. It is appropriate that our public service is subject to scrutiny if we are to ensure that it continues to contribute to national development, provides excellent services to the public and makes effective use of resources. This is even more critical in view of current economic circumstances. Significant progress has been made in reforming and modernising the public service since the strategic management initiative was launched some 14 years ago. During that time, our public services have undergone a major transformation and substantial improvements have been made in many areas, such as the delivery of quality customer services, regulatory reform, financial management and human resource management. However, if are to continue to remain competitive and support the growth of the broader economy, then we must ensure that our commitment to reform is ongoing. The programme of public service modernisation must be constantly updated. The current partnership agreement, Towards 2016, builds on the progress made under pre- vious agreements and ensures continued co-operation with change and modernisation initiat- ives, as well as improvements in productivity right across the public service. It provides an important framework for meeting the economic and social challenges ahead and, critically, sets out a mechanism for the verification of progress in the public service through the performance verification groups for each of the sectors. The recent review and transitional agreement under Towards 2016 recognises that the public service must review continuously its systems, processes and procedures to ensure that it is responsive and efficient and that it provides high quality, value for money services. The OECD review of the Irish public service acknowledged the central role played by the public service in our national development by ensuring the right economic, regulatory, edu- cational and social conditions are in place. At the same time, however, it stated there is a need 227 Ombudsman (Amendment) Bill 2008: 2 December 2008. Second Stage

[Deputy Jimmy Devins.] for a more integrated public service with a greater performance focus. It also acknowledged that in a tighter fiscal environment there is a need to prioritise spending within budget frameworks. The House is of course aware of the range of other recent initiatives which have been focused on ensuring public bodies deliver the highest standards to citizens and that the public sector is positioned to respond effectively to the challenges which we now face. Last Wednesday, the Taoiseach launched the report of the task force on the public service, Transforming Public Services. The task force report builds on the analysis and conclusions of the OECD review and provides the framework for a comprehensive new approach to the reform of the public service. The pilot phase of the organisation review programme, ORP, which was also published last week, underlines the need for real, immediate and meaningful action to modernise the public service. Like the task force, the ORP highlights the need to put the citizen at the centre of our public services, manage performance better, address cross-cutting issues, and be flexible across traditional organisational boundaries as priorities emerge. The task force report and ORP were published as part of a major Government policy state- ment on transforming our public services which sets out how the recommendations of the task force will be implemented. That statement contains details of a number of initiatives to address public service numbers and expenditure and achieve value for money. The Government is also continuing to drive forward the programme aimed at securing increased value for money in public spending through the value for money reviews. The first round of these were scheduled to be carried out between June 2006 and December 2008 and the Government has recently decided that a new round covering the three year period, 2009-11 should be undertaken. The Government is making a number of improvements to the process which will ensure a greater focus on the biggest spending Departments, more independent reviews, and a more direct role for the Department of Finance in carrying out the most significant reviews. The findings of these reviews are considered directly as part of the annual Estimates process. Deputies have raised many issues in their comments and these will be subject to more in- depth debate on Committee Stage. With regard to the reasons the recommendations of the Ombudsman are not technically binding, it is clearly the case that when she does issue a finding or recommendation, it is virtually always taken on board by the relevant body. Her position and the respect which that position commands are taken very seriously by public bodies. In discussions between the Department of Finance and the Office of the Ombudsman, it is not the view of the office that the recommendations are not taken on board. A point was made on bodies excluded from the remit of the Ombudsman. It is important to take into account that we have sought in this Bill to prioritise those bodies which have a significant interface or interaction with citizens and whose administrative actions affect large numbers of people. Commercial State bodies do not come within the remit of the Ombudsman, and this has always been the approach of an Ombudsman Bill. It is not seen as appropriate that bodies subject to commercial pressures and which operate in a commercial environment should be included. This Bill complements these measures and comes at an appropriate time. As the Taoiseach has said on a number of occasions, public service modernisation is about placing the public at the centre of our public service. The Ombudsman (Amendment) Bill does precisely that.

Question put and agreed to. 228 Nursing Homes Support Scheme Bill 2008: 2 December 2008. Second Stage (Resumed)

Ombudsman (Amendment) Bill 2008: Referral to Select Committee. Minister of State at the Department of Enterprise, Trade and Employment (Deputy Jimmy Devins): I move:

That the Bill be referred to the Select Committee on Finance and the Public Service, in accordance with Standing Order 120(1) and paragraph 1(a)(i) of the Orders of Reference of that committee.

Question put and agreed to.

Nursing Homes Support Scheme Bill 2008: Second Stage (Resumed).

Question again proposed: “That the Bill be now read a Second Time.” Acting Chairman: The next listed speaker is Deputy Jack Wall but as he is not present, I call on Deputy Michael Kennedy, who has 20 minutes.

Deputy Michael Kennedy: I welcome the opportunity to speak on this legislation, primarily because of its emphasis on accessibility and affordability. These are two of the most important elements of any measure taken relating to health care, and they have never been more important than with regard to nursing homes. Like most of our colleagues in the Da´il, I have been flooded with queries relating to nursing homes over my time as a public representative. I appreciate the level of worry being felt by older people in Ireland about their future. There is no denying that the current nursing home system is far from perfect, as there is an abundance of private beds and a shortage of public beds. The associated cost of care depends on whether a patient is public or private and the availability of a suitable bed. Reflecting on it, I realise the current system is an ad hoc collection of various local schemes, with varying degrees of subvention available depending on a person’s circumstance and location. This inconsistency means there is little transparency and much confusion. It is imposs- ible to determine the needs of patients and therefore no consistent information exists which would allow authorities to allocate particular beds to those with the greatest need. Another consideration and a serious contributing factor to the need for this legislation is the growing number of older people relying on the State. The implications of this trend go across the board from social welfare to pensions and finally to nursing home provision. By 2036, the Government estimates that there will be an astonishing 1.1 million people over the age of 65, representing 22% of the population. One can imagine the cost of providing care for these people, especially under the existing scheme, where the State pays for a large proportion of the both private and public care. A fact which must be emphasised now is that the State will still fund the largest part of the case costs overall and that individuals are being asked to pay only a small contribution where they are able to. The current nursing home provisions are the product of years of alterations and a failure on the part of successive Governments to grasp the system by the neck and shake some sense of consistency into it. What should be an easy and compassionate process is reduced to an overly complex, stressful and ultimately expensive ordeal. The Minister, Deputy Mary Harney, and her Department have addressed these difficulties and kept them to the forefront of their minds when penning the new legislation. The main selling point of the Bill is its simplicity, as it promotes transparency and equality. All those availing of the measures contained within will 229 Nursing Homes Support Scheme Bill 2008: 2 December 2008. Second Stage (Resumed)

[Deputy Michael Kennedy.] pay an identical proportion of their estate for their care. The fair deal is easy to understand and it will supersede the existing subvention scheme. Nobody who cannot afford it should be expected to foot the entire bill for their nursing home care, yet this is the aim of the current subvention system. Unfortunately, the State cannot afford to fully pay for the care of the elderly. This issue is undoubtedly on the forefront of any older person’s mind as they enter into a nursing home. I can only imagine their fears in terms of whether they are eligible for subvention or if they or their family can pay the rest of the bill. They will not want to be a burden to their family and may wonder what will happen if they cannot pay the bill. We frequently hear such concerns from our own family or neighbours. Such people would also wonder who will take care of them. With the fair deal scheme, such questions are answered. Under the new scheme, an individual will make a financial contribution to care based on income and there is no distinction based on age. Their families and partners will not be liable for the expense of the care and once it is decided to apply to the new scheme, a care needs assessment will be carried out. The assess- ment includes an evaluation of patients’ needs, including whether they can dress, feed and bathe themselves unaided, as well as their ability to communicate. Once a person’s need is established, a means test will be carried out by the HSE and the individual’s financial contri- bution assessed. The eventual figure arrived at will be a combination of 80% of a person’s assessable income — their pension perhaps — per annum, along with 5% of their assets, poss- ibly their savings over a year. There is a disregard set at \36,000 for individuals and \72,000 for couples, after which the 5% will apply. If the older person’s assets include land or property, this element of their contribution can be deferred until after their death, and can be collected from their estate. The 5% contribution will be applied per year for the first three years and, importantly, will be capped at 15%. That is an important issue. In the case of couples, this will be capped at 7.5%, where one person remains in the home. If a partner or other dependants remain living in the home, payment can be further deferred. If the individual in question is unable to make the decision to go into a nursing home, then he or she can be appointed with the approval of two medical professionals. In these cases, an application must be made to the local circuit court. There is a certain level of confusion over whether, under the scheme, the State will move to take a person’s house from the family after their death. This is not the case. If the deferred contribution option is chosen, the most the State will ever get from an estate is 15%. There is also a perception that this percentage could be increased, but it cannot be. It is capped at 15% for an individual and 7.5% per couple, where one partner remains in the home. While there has been confusion about it, we must stress that fact, which should put many people’s minds at ease. The new scheme provided for in this legislation will be implemented by the HSE with the assistance of the National Treatment Purchase Fund. Whilst the HSE is to be responsible for the care needs and financial assessments and then the provision of information on the available suitable home, the National Treatment Purchase Fund will be the agency to negotiate the price of beds. The price of care will then relate to the needs of the patient, with higher prices charged to those who need more care, which is in line with the equitable nature of the proposed legislation. It is worth noting that same-sex relationships and co-habiting couples are viewed as having equal rights under the scheme to those who are married.

230 Nursing Homes Support Scheme Bill 2008: 2 December 2008. Second Stage (Resumed)

The new scheme will make long-term care more affordable. It will remove anxiety thus providing older people with peace of mind. It will ensure that the same level of State support is available to everyone, whether they are public or private patients. I look forward to debating subsequent Stages of this legislation, which I hope will have a quick passage through the House. As public representatives, we have all heard the concerns of those affected by the need for nursing home care. I hope all sides of the House will support the Bill expeditiously.

Acting Chairman: The nextspeaker is Deputy Kieran O’Donnell who also has 20 minutes, but I will be interrupting him at 7 o’clock.

Deputy Kieran O’Donnell: I am pleased to contribute to the debate on this Bill. We all know of families who are worried about the cost of nursing home care, which is the biggest single issue facing elderly people at the moment. In addition to being worried about the costs involved, such people and their relatives are concerned about how they will be looked after in their later years. We must get the details of this legislation correct so that such people’s worries will be alleviated and they will be able to avail of proper nursing home care in future. The Bill must deliver what is expected of it. There is a feeling among elderly people that it will enable them to afford comfortable nursing home care. We have all been approached by constituents asking about the details of the Bill and whether it will benefit them. The general thrust of the legislation is welcome but I am concerned about some elements of it, which will have to be examined on Committee Stage. We must deal with people’s concerns by ensuring that the Bill’s provisions are correct. Deputy Kennedy referred to the cap on elderly people’s assets, but the cap is only on the principal private residence which, at 5% for three years, is 15%. However, there is no cap where people have non-principal private residence assets. There is 5% per annum for the time they are in the nursing home and it is stated that it will not exceed the cost of nursing home care. That was not the purpose of the Bill, however. It was to make such care affordable for people. That provision needs to be examined. Typically, a retired farmer may have a house and a farm. His house may be worth less than the farmland and is not earning a large income. He will be assessed on 5% per annum for three years on his house — his principal private residence — plus one acre, but he will be assessed for 5% per annum for the duration of the period he is in a nursing home. That measure needs to be examined because it is penal. Equally, a person’s assets could be tied up in their home, which may be worth \2 million or \3 million, and would be capped at 5% for three years. My second point concerns the interest the State will apply to the time for which people are in a nursing home and the moneys advanced by the State during that period. Schedule 2 states that moneys advanced by the executive pursuant to ancillary State support in a year shall be aggregated and the consumer price index, which relates to mid-December in that year, shall be taken to be the base figure in respect of those payments. There is an inherent flaw in that provision, however, because the consumer price index over the last ten years has, in many cases, exceeded the market interest rate. The consumer price index could exceed the cost of borrowing money and therefore such people would be penalised. On Committee Stage we should consider applying a charge which would be the lower of either the consumer price index or the market interest rate applying on that date. That would be fairer and would not penalise the elderly who constitute one of the most vulnerable sections of society. Take, for example, the issue of medical cards for over 70 year olds. When people 231 Nursing Homes Support Scheme Bill 2008: 2 December 2008. Second Stage (Resumed)

[Deputy Kieran O’Donnell.] grow older, their two greatest worries are for their health and their savings. Demographics have changed and it is no longer the case that the elderly can rely on their extended families. Rather, they must go into nursing homes and, because they are living for longer, they quickly find their savings gone. Their security vanishes in a short period. This Bill must ensure that nursing home care is affordable, equitable and consistent, be it public or private, so that people can feel secure. An allowance of \36,000 for a single person or \72,000 for a married couple is available against the value of assets before liability arises under the scheme. However, there appears to be no commitment to indexing the thresholds. Consequently, the liability in real terms will increase with the length of care. I hope that the value of assets will increase after the recession, but we must ensure that the exemption level is increased in line with inflation in the consumer price index, CPI. The State will apply the CPI to the interest rate charged on the repayments under the scheme, but not to the allowance. I hope that the Government takes this important matter on board. We must be positive and constructive concerning issues not addressed in the Bill. Its intro- duction is positive, as is the Government’s decision to ensure, via the Finance Bill, that the higher rate of tax relief will be given on nursing home care. I hope that continues to be the case, but tax relief at the standard rate has been introduced on medical expenses, a model based around private medicine. This is a penal measure. The message from the Da´il tonight must be loud and clear, namely, taxpayers should submit their 2008 medical expenses before the end of the year to ensure that they receive relief at the higher rate. It is important that we get the scheme’s details right and ensure that the cap on principal private residences is extended to other assets. Will the Minister of State take this suggestion on board? Our debate on agriculture is opportune. A retired farmer and his or her spouse and family should not be penalised because their money and assets are tied up in their farm and home rather than in their home alone. This matter must be considered. People may avail of the scheme in respect of family members. However, the Bill is vague about the method to be applied in valuing the assets of a deceased person’s estate. I assume that the method will be the same as that applied to capital acquisition tax, but the point should be clarified. When a parent enters a nursing home, the property in question is 7 o’clock the family home, farmland, etc. Instead of selling an estate’s assets to meet the charges, family members could reach an arrangement whereby they could save, but they would receive no tax relief on this. It is critical that people can afford the scheme, which is resource-capped. Any new scheme must address the difficulties encountered in the old scheme. Under the current scheme, the cost of nursing home care is prohibitive for those who seek it and their families, who are the ones who pay in many cases. Like many Government schemes, the Dis- ability Act, for example, promised needs assessments, but those measures were resource- capped. Aspirations are great, but schemes fail if content and funding are not delivered. For this reason, it is critical that the Bill’s scheme be enacted in a form that gives the elderly and their families comfort in terms of affordability and the provision of appropriate care. How much time have I remaining?

Acting Chairman: I was just about to remind the Deputy that he has one minute remaining.

Deputy Kieran O’Donnell: I agree with the broad thrust of the Bill, but several key points must be addressed on Committee Stage. First, we must ensure a cap on the principal private residence and other assets. Second, the allowance of \36,000 or \72,000 should be index-linked 232 Agriculture: 2 December 2008. Motion so that people are not penalised if their assets increase in value. Third, it is important that the lower market rate in the CPI be applied to repayments. Fourth, proper funding should be made available to ensure that the scheme can operate.

Debate adjourned.

Private Members’ Business.

————

Agriculture: Motion. Deputy Michael Creed: I move:

“That Da´il E´ ireann:

in view of:

— the challenges facing Irish agriculture and the need to encourage the maximum transfer of farms into the ownership of young, qualified farmers;

— the demographic challenge the current age profile of Irish agriculture presents;

— the programme for Government commitment to “Continue to offer a range of sup- ports to young farmers entering agriculture — including education, taxation measures and direct start-up aid”;

— the commitment in the Rural Development Programme 2007-2013 to the rejuven- ation of the Irish farming sector as a continued priority of Irish agricultural policy; and

— the disproportionate impact changes to the disadvantaged areas scheme will have on farmers and their future viability;

condemns:

— the Government’s decision to suspend the young farmer’s installation aid scheme, the early retirement scheme and to reduce payments under the disadvantaged areas scheme;

and calls on the Government to:

— immediately restore the young farmer’s installation aid scheme;

— immediately restore the early retirement scheme; and

— immediately reverse cutbacks to the disadvantaged areas scheme.”

I wish to share time with Deputies D’Arcy, O’Mahony, Deenihan, Neville, McHugh, Carey, Bannon and Crawford.

Acting Chairman: Is that agreed? Agreed.

Deputy Michael Creed: I am disappointed with and annoyed by the tenor of the Government amendment to the motion. If the Minister for Agriculture, Fisheries and Food, Deputy Smith, wishes to engage in a debate on the CAP health check, the proposals to take an additional 5% in modulation fees from single farm payments or his abject failure, in the aftermath of that 233 Agriculture: 2 December 2008. Motion

[Deputy Michael Creed.] health check, to deal with the sheep farmers who have been camped outside his Department for a number of days, I will facilitate him. However, when I table a motion relating to disadvan- taged area payments, installation aid and the early retirement scheme, I expect him either to defend the decisions he has made or, preferably, to support my call for the reintroduction of the schemes and payments to which I refer. The lengthy Government amendment to the motion does not once refer to installation aid or the early retirement scheme. This is typical of an Administration that makes decisions over which it is afraid to stand or for which it does not want to be accountable in the House. Tens of thousands of people are losing their jobs each week. Houses are being repossessed in unprecedented numbers. People’s job prospects have nose-dived and emigration is back on the agenda for many younger individuals. Banks are squeezing the life out of small businesses and multinational companies are relocating to low cost economies. Fine Gael is only too well aware of the difficulties facing the economy. If confirmation in this regard is needed, people need only consult the Exchequer figures published today. Fine Gael is also aware that difficult choices must be made, that spending must reflect value for money and that waste must be eliminated. For many years, ours has been the lone voice on this side of the House to preach caution and frugality with taxpayers’ money. As a result of Government recklessness, probably best summarised by the Minister for Transport, Deputy Dempsey, describing the \50 million wasted on e-voting machines as “small change”, we will be obliged to cope with the difficulties we now face. The Government’s ineptitude in managing the economy through the boom years is matched only by its inability to chart a clear course for recovery. Fine Gael has published a clear and alternative budgetary strategy that gives us the scope to reverse the Government’s proposals in respect of agriculture. This strategy includes a pay freeze for those in the public sector who earn over \50,000; reform of the public sector so that the many decent people who work within that sector will have the shackles of bureaucracy removed, thereby allowing them to reach their true potential; a \1.5 billion levy on the banks; and a windfall carbon tax on energy generators. These are but some of the alternatives Fine Gael has put forward. I recently called for rationalisation of the myriad agencies involved in policing food safety and labelling. The Government’s efforts to secure changes to our labelling legislation at EU level have met with abject failure. At present, officials from the Departments of Agriculture, Fisheries and Food and Health and Children, the Health Service Executive and the Food Safety Authority of Ireland and local authority staff are all employed in this area. Savings could be made if this confusion and duplication were tackled and if responsibility for this matter lay solely with the Department of Agriculture, Fisheries and Food. I wish to call for further savings in the area of laboratory services to the State. At present, the Department of Agriculture, Fisheries and Food, the regional fisheries boards, the Environ- mental Protection Agency, local authorities and possibly others provide such laboratory services. There should be a single State laboratory service, providing analysis and testing to these various bodies and thereby eliminating the duplication that leads to a substantial cost for the taxpayer. My proposal in this regard does not include hospital-based laboratory services. Farmers have never shirked their patriotic duty. However, their steadfastness in this regard should not be confused with their being a soft touch in the context of attempts to shore up the position following the Government’s mismanagement of the public finances. No other sector has been asked to accept cuts of the magnitude envisaged in respect of agriculture. It is typical of the budget that the most vulnerable in the farming community are being targeted. I refer here to young farmers in need of assistance, their older counterparts seeking to avail of the 234 Agriculture: 2 December 2008. Motion early retirement scheme and those eking out a living on marginal land in marginal enterprises. Is this surprising? No. It has all the hallmarks of a Government that tried to take medical cards from those over 70 years of age, to take entitlements from those with disabilities who are over 16 years of age and which denies 12 year old girls life-saving cancer vaccinations. Farmers will shoulder their fair share of the pain — no more and no less. Those in farming currently face enormous challenges. World Trade Organisation nego- tiations again loom large on the horizon. Conflicting signals from Europe regarding the true value of food security and the highest standards of production and environmental care make it imperative that we attract the best and brightest into our agriculture industry. In such chal- lenging times, the Government, at the stroke of a pen, suspended the scheme of installation aid. At the same time, this Administration and its agencies are travelling the globe and seeking to attract foreign inward investment at a multiple of the cost per job that obtains in respect of the scheme of installation aid. What signal does this send to the industry and, in particular, to those students who flocked to our agricultural colleges in recent years? The signal it sends is that they are second class citizens and that we value jobs in industry more than those in agri- culture. Shame on the Minister for turning his back on our indigenous sector. I previously referred to the likelihood of a successful legal challenge, based on the principle of legitimate expectation, to the decision to suspend the scheme. I predict that this suspension will be successfully challenged in the courts and will end up costing the State more than the meagre cost — in the region of \4.3 million — of restoring the scheme. People in farming are crying out for a resolution. Some 8% of farm holdings are owned or managed by those under 35 years of age. There is a definite need for new blood during this most challenging time for agriculture. One of my constituents, an elderly gentleman farmer, died earlier this year. His son, who had completed his green certificate, gave up a well-paid job outside the agriculture sector to take over the family farm. The elderly individual had, before his death and under the farm waste management scheme, embarked on a major development of his property. He had received approval for this and it is hoped the work will be completed before the end of December. Farmers in Northern Ireland will not be obliged to complete works by that date because they obtained an extension. Such an extension was never sought for farmers in this jurisdiction. Due to the fact that matters relating to the transfer of ownership of the farm holding to which I refer have been delayed by probate, the late farmer’s wife will no longer be entitled to early retirement scheme payments and her son will not receive payments under the scheme of installation aid. This is notwithstanding the fact that much of the investment made in the farm was contingent upon the funding they hoped to secure under these schemes. What does the Minister propose to do in respect of this and the many similar cases that have been docu- mented by the IFA, Macra na Feirme and other organisations, details in respect of which have been presented to the Department? In conjunction with stamp duty exemption and installation aid, the scheme of early retire- ment was the third policy initiative to encourage land mobility. This scheme is co-funded by Europe and is, in the case of most farm families, inextricably linked with installation aid. All over the country family farm settlements, retirement plans, financial planning for dependant children — years of careful planning — have been thrown into disarray for the sake of a meagre \9.3 million. What does “suspend” mean? When will the scheme be reinstated? What is to become of those “installed” on their farms in the interim and who may remain so installed for more than 12 months before the scheme is reinstated? Will they be disqualified from benefit? What of those who lose out under the ten year provision of the early retirement scheme? Will they be compensated at the other end by access to the early retirement scheme post-66 years 235 Agriculture: 2 December 2008. Motion

[Deputy Michael Creed.] of age? At a time when a cloud of uncertainty hangs over the industry from the World Trade negotiations, and from Europe, it is totally unacceptable to have uncertainty on such critical matters fuelled by one’s own Government. The suspension of both of these schemes at such a critical juncture in our economic history clearly highlights the Government’s thinking on the capacity of the sector to contribute to revitalising the economy. On the contrary, we in Fine Gael believe that now is the time to realise the true potential of our greatest indigenous industry. Now is the time to recognise that this is an industry for the long haul, contributing both socially and economically, and whose true potential in terms of the food industry has never been truly recognised and exploited. It is a time for investment, research, development and marketing. It is not a time for a Minister in the Department of Agriculture, Fisheries and Food to be “doing time”. Since the budget, the Minister for Agriculture, Fisheries and Food has repeatedly used the line of scarce resources and of focussing investment on the “productive capacity of the agri- food sector”. It is clear that this statement, in the context of disadvantage area payments, is a watershed in Fianna Fa´il policy on agriculture. Through this savage cutback, up to 15% of total income in some cases, and worse when coupled with the slashing of payments under the suckler cow scheme, Fianna Fa´il is turning its back on farmers on marginal lands engaged primarily in the sheep and cattle business, which are themselves marginal enterprises. Beef farmers in the west with suckler cow herds are the suppliers of cattle to those on better lands and involved in the cattle finishing business. This cutback will drive existing part-time farmers out of business and drive those struggling to remain full-time in the business to seek off-farm employment to supplement their incomes. In today’s climate, where are they to go for off-farm incomes? What will happen in reality is that these farmers will turn to the State and the farm assist payment. It would be far better to spend that money under the disadvantaged areas payment scheme. This cutback will affect 35,000 farmers, many of them in the west and many of whom have been Fianna Fa´il supporters since the foundation of the State. Fianna Fa´il is showing clear signs of a party too long in power, too far removed from reality and too arrogant to listen to ordinary people.

Deputy Michael D’Arcy: I am disappointed with the representation of Members on the other side of the House. I would like to know where are all the Members opposite. Are they hiding or cowering somewhere rather than facing the music? This is practically the only parliamentary instrument available to the Opposition to apply pressure on the Government. Contrary to the view of some Government backbenchers, people will note how they vote tomorrow evening. I have no doubt about that. I have said previously to the Minister that if he intends to close down agriculture, he should not do so all at once. The Minister should give the primary producers, farmers, a fighting chance of survival until such time as a person with some understanding of the industry comes along. There are no better farmers worldwide than Irish farmers. I am proud to count myself in that category. It gives me no pleasure to state that the Minister, his officials and personal staff are out of touch with the needs of the industry. Sheep farmers are maintaining a vigil outside the Minister’s office for a reason, namely, the Minister needs to make a decision. I am hopeful he will make the right decision. The German Minister made the decision to support Germany’s dairy farmers immediately following health check. The Minister, if he has the will, can do the same for sheep farmers. There must be hope for the thousands of farmers following the health check. These released funds must be used to soften the Government’s crazy, ill-informed, poorly judged budget pro- posals. It appears to me that the Minister, through these cumulative cuts, is seeking to rational- 236 Agriculture: 2 December 2008. Motion ise the sector and to force small-medium producers out of business. Those producers are my friends and my neighbours and the friends and neighbours of my colleagues on this side of the House and of those who sit behind the Minister. Fine Gael will not stand for this. Funding for the disadvantaged areas scheme is down 20%. These farmers, who work on the most marginal lands in the country, eke out a living in areas where nobody else would, based on their ingrained knowledge of their land and property. What the Minister has done to these farmers is, in agricultural terms, akin to the removal of medical cards from the elderly. I can only describe the suspension of installation aid on retirement as, to use a term previously used, eating one’s own seed potatoes. Young vibrant farmers wishing to enter the profession are being penalised.

An Leas-Cheann Comhairle: Deputy D’Arcy has one minute remaining.

Deputy Michael D’Arcy: How much money will it save — \8 million? The farming sector has been the last refuge of construction for months. Every penny being paid out in grant aid was being matched by the farming sector. The cost to the Department of Agriculture, Fisheries and Food of employing staff in this area is \75,000. When will we see genuine reform rather than protectionism within that Department? I am not speaking of a witch hunt of excellent staff, but of officials who seek obscure European directives in order to create work. The disconnect is apparent. I am speaking not only as a Deputy or a person living in rural Ireland, but as a farmer. There is little engagement, no understanding and no instinct as to what is the correct direction for the agricultural sector. What we need now is a general rather than a corporal taking instruction from his staff.

Deputy Joe McHugh: In the short time available to me, I wish to speak about young farmers, the men and women who entered into farming having taken the courageous step of sacrificing university careers on the basis that there was a future for them in the sector. Many of these young farmers who have taken up the early retirement scheme and are hopeful the installation aid scheme will be reinstated, now feel trapped. There is no incentivisation of farming for young people and there is an absolute logjam in terms of a conduit for farmers to enter the sector. Many young people who are half way through or have only two months remaining of their course in relation to the installation and early retirement schemes have been cast aside. The Minister has an opportunity to address this situation. Even if his colleagues vote against the motion tomorrow night, he can still do something in regard to the course for the installation and early retirement schemes. Other issues arise in respect of hill-farming. I represent an area with a vast acreage of hill farmers. Currently, the payment under the ewe maintenance scheme is \30 with an extra pay- ment for hill farming. The Minister can do something in this area. These are but two specific issues which I would like the Minister to address. Farmers have bought into the idea of cross-compliance and believed they would receive extra money for quality stock, be it ewes or animals. That has not happened. The current system is not working. While there is much talk about food security on a global scale, we must examine security at a local level. People are going on solo runs and setting up their own farm enterprises and using them to source food locally.

An Leas-Cheann Comhairle: Deputy McHugh has one minute remaining.

Deputy Joe McHugh: We need to do that. If we do not, we will be taken over by corporations like Walmart, ASDA and Tesco. One need only drive up the M1 on a Monday morning to see all the Tesco lorries heading North, which cannot cope with the demand for products. People 237 Agriculture: 2 December 2008. Motion

[Deputy Joe McHugh.] in their purchases are following the cheaper priced products, but we have an opportunity to assist farmers to set up alternative enterprises. There is a need to start sourcing foods locally and to start incentivising farming for the future because the psychology prevailing currently is that young farmers will not enter farming. I congratulate my colleague, Deputy Creed, on tabling this motion. He emphasised the psy- chology prevailing in farming among young people. At present there is no motivation to encourage them to take up farming.

Deputy Jimmy Deenihan: All types and aspects of Irish farming seems to be in crisis. Sheep farmers are in serious trouble. That is the reason farmers are protesting outside the Minister’s Department. I understand this matter could be easily solved by a simple announcement from him as to when he will pay the money from Brussels that is there for these farmers. Beef prices are falling. Most beef farmers are no longer making an economic living. Their investment and expenditure far exceed their income. Milk prices are set to collapse in 2009. The spike is gone and the trough is approaching. Some people predict a price reduction of between of 10 cent and 20 cent a litre in 2009. At present Kerry Co-Operative pays farmers 32 cent per litre, which is far ahead of the price per litre paid by most other co-operatives. It is predicted by those working at the coalface that there will be a reduction in milk prices of 10 cent or 20 cent a litre. If that happens, it will no longer be economic for farmers to engage in milk production — that is the bottom line. We will be tabling a motion on the fodder crisis after Christmas. That crisis is looming. Farmers had cattle in over the summer and now they do not have enough fodder. In many cases they only have enough until February. We had a fodder crisis a few years ago. In counties like Kerry we were able to bring in beet pulp, straw and use our own maize. This year we produced about 500 hectares of maize in , most of which was of poor quality. We face a major fodder crisis. That is the reason it is important to reverse the decision on disadvan- taged areas especially, which will cost a county like Kerry, according to the IFA’s estimate, almost \3 million or, an average, \956 per farmer. Therefore, it is a serious crisis. The Minister is probably batting on his own in his Department. He was always very much in support of agriculture. He is probably on his own there in that respect, but he will have to exert all the pressure he can to save Irish farming.

Deputy Dan Neville: I welcome the opportunity to contribute to this debate. One of the decisions the Minister made on the disadvantaged areas scheme has had a severe impact on large areas of my constituency. The far east and far west of my constituency is disadvantaged and the farming there is marginal. The disadvantaged areas scheme was a vital part of the income of farmers in those areas. Farming activity in those areas has changed dramatically in recent decades. The introduction of the disadvantaged areas scheme was hard fought and successfully campaigned for and it is not acceptable that it is being reduced by 14% or \36.6 million. The Minister will have to revisit that decision and respond to the 40,000 farmers who will be affected by it. These are all farmers who have low incomes and are the most vulnerable in terms of the impact of this cut on their incomes. I agree with my colleagues regarding the installation aid scheme, one of the schemes that encouraged the continuity of farming within families. Young people taking up farming and the continuity of the farm family unit is an issue that has been raised repeatedly. Hitting farm families by removing the early retirement scheme which enabled farmers to retire and by removing the incentive for young people to take up farming will have a negative impact. It 238 Agriculture: 2 December 2008. Motion indicates a lack of confidence by the Minister to encourage the next generation to participate in one of our vital industries. To direct cuts in this area is unacceptable. The issue affecting sheep farmers was raised by my colleague, Deputy Deenihan. I call on the Minister to re-affirm his previous commitment to introduce a sheep maintenance payment from the unused Common Agricultural Policy funds. Sheep farmers feel they have been badly let down by the Government and have lost confidence in it. The Minister can reverse their thinking at a cheap cost. There is anger and frustration among sheep farmers by the Minister’s r foot-dragging on this issue. He might when replying announce a sheep maintenance payment of \20 per ewe.

Deputy John O’Mahony: I am glad to put on the record my support for this motion. Having attended many meetings since the announcement of the budget and having listened at length to the cry for help from our farming community, it is imperative that their plight be listened to and acted upon by the Minister. To remove the support systems for our young farmers when they are needed more than ever in the history of the State is an incredible and insensitive decision. The Minister tells us they are merely suspended and will be restored in better times. It is now they are needed. The young farmer’s installation aid would provide ready-made jobs for our young people in rural areas if they had the support of the \1,500 grant. Not only was the scheme axed but applicants, who had almost finalised the process and fulfilled all the requirements, found them- selves dramatically cut off at 5 p.m. on the evening of the budget. We hear every day of jobs being lost throughout the country. Farming is the one industry that has withstood downturn after downturn over the years but it needs the Minister’s help now. The average number of applications for this scheme is 800 per annum at a cost of \7 million or \8,750 per young farmer. The rest of the cost would be met by Europe. I suggest to the Minister that these 800 jobs would come at a much cheaper cost to the country than the millions paid to attract industrial employment.

Deputy Michael Creed: Hear, hear.

Deputy John O’Mahony: It must be remembered that the option of employment outside farming is non-existent now, as it was a number of years ago. The axing of the early retirement scheme is also hard to understand when many older farmers wish to pass on their family farm but are now unable to do so with support. It is another attack on older people who have worked tirelessly, all hours of the day, seven days a week for years and do not feel there is any appreciation for their dedication and commitment. The cuts in the disadvantaged area payment scheme is another body blow to the smallest and weakest farmers. In my constituency of Mayo, farmers on the maximum 45 hectare limit, will lose \1,300 per year. It affects 3,163 farmers in Mayo. If that loss is added to the cutback in the suckler cow welfare scheme, the average farmer in Mayo will be at a loss of \2,500. My county has 5,522 applicants for the suckler cow welfare scheme, the highest in the country. The budget, instead of giving incentives to continue in or take up farming, is discouraging and shutting down farming as a career in rural Ireland. The sheep sector was also promised support and assistance but none has been forthcoming, as we can see from the ongoing protest down the road outside the Department of Agriculture, Fisheries and Food since 26 November. I join Deputy Neville in asking the Minister to live up to previous commitments he gave when he promised an EU single payment in Tullamore a few weeks ago and announced a \20 per ewe sheep maintenance grant. 239 Agriculture: 2 December 2008. Motion

[Deputy John O’Mahony.]

I appeal to the Minister to think again about the effects the implementation of these savage cuts will have on farmers. I appeal to each Deputy on the Government side when they come into this House tomorrow night to use this last opportunity to support an industry that has been the bedrock of this country since the foundation of the State.

Deputy Joe Carey: The Minister and the Government make much of the current inter- national economic situation. We have had the call for patriotic duty and the standing ovation, but if there is one truism about this budget, it is that the Taoiseach, his Minister for Finance and the Government have made a complete hash of things. They have failed to deal with the fundamentals that would position the economy on a sounder footing. The rush to budget action in October has been shown up as ill conceived. One would be hard pressed to find nastier cuts than those to the young farmer’s installation aid scheme and the early retirement scheme. I remind the House, that the Government was not tardy in providing full pension cover for a colleague when the issue had apparently been overlooked. How can a Government have the authority to then say to people we are all in this together when it acts in a such a manner? I understand approximately 500 applicants are caught out by the suspension of the young farmer’s installation aid scheme. I have received a number of representations on the matter. One young Clare farmer in particular comes to mind. The young man to whom I refer has spent the past 12 months trying to transfer his land. Through no fault of his own he found it difficult to find land to rent in his area. He managed to do that on the Sunday before the budget and had made an appointment to meet with his local agricultural adviser for the follow- ing Friday. The case involved both installation aid and early retirement. He learned on budget day that the early retirement and installation aid schemes were to be suspended by midnight that night. There was no time for those involved in the process to conclude their business. The case to which I refer is replicated around the country. For the first time in years agricultural colleges have increased their numbers and then the Government removed the only incentive there is to keep people on the land. If it is good enough for a former Minister to receive retrospective attention to his pension details, then it should be good enough for everybody else.

Deputy Michael Creed: Hear, hear.

Deputy Joe Carey: Last Sunday in Ennis, 7,500 people took part in a demonstration against the cuts. Those are honest, hardworking people that were never caught up in the madness that was the Celtic tiger yet the Government is doing a slash and burn on their futures. The pro- posed changes in the disadvantaged area payment will hit 2,406 farmers in . In targeting the disadvantaged payment the Minister is hitting the weakest section, those with the worst land, who badly need the money that he is taking out of their pockets. I plead with the Minister to go back to the drawing board. He is in denial. His assault on the farming communi- ties, especially in the west, must stop.

Deputy James Bannon: I thank my colleague, Deputy Creed, for tabling this important motion, which was necessitated by the extraordinary cutbacks imposed on the already hard hit agricultural sector. The Minister’s actions are set to impact adversely on the viability and sustainability of rural Ireland. Shame on the Minister for the way he has treated farmers, especially those in the sheep sector who have been protesting outside the Department for the past week for their due entitle- ments that were promised by the Government. Strangely, but perhaps it was indicative of his state of mind in October last when announcing the budget cutbacks, the Minister described 240 Agriculture: 2 December 2008. Motion them as “strategic and targeted”. If by that he meant measures aimed at a sector that his predecessor brought to its knees and targeted at the least able to sustain the attack, I suppose he was right. I hope the Minister had an extremely uncomfortable and embarrassing meeting with the EU Council of Ministers the week before last when rural development and investment aid for young farmers was under discussion. Young farmers in other states will qualify for a boost of \70,000 while aspiring Irish farmers will have to make do without even the Minister’s Scrooge- like version, a once-off payment of \15,000 for installation aid, as that has been axed in budget 2009. In his wisdom the Minister proclaimed that our young farmers could do without it. At a time when it is imperative to attract young, well-educated and highly trained farmers into the industry, the Minister has shamefully and short-sightedly cut this important aid pack- age. Providing the best possible education and set up opportunities for young farmers is the key to giving agriculture a competitive edge. I call on the Minister to reverse his cynical decision to penalise those young people who would do so much to inject new ideas and enthusiasm into a sector that is demoralised by Government mismanagement of hard-pressed taxpayers’ money and hard hit by bureaucracy and red tape. The knock-on effect of the cutback will be increased emigration from rural areas, resulting in a return to the days when parishes were decimated and could not field a football team. Instead of looking to modernise the farming sector the Minister is dragging it backwards to the 1980s. I represent the constituency of Longford-Westmeath, which is part of the disadvantaged Border, midlands and west, BMW, region and I am shocked by the cutbacks to the disadvan- taged areas scheme. The loss of \1,055 as a result of the budget may be small change to the Minister but it is the difference for many in the farming sector between survival or being driven off the land. I call on the Minister to reverse his decision. It is within his gift to do that and to reallocate the increased funds diverted from the single farm payments in order to restore installation aid, the farm retirement scheme and the disadvantaged areas scheme.

An Leas-Cheann Comhairle: Go raibh maith agat. I call Deputy Crawford.

Deputy James Bannon: We will be watching to see how the Minister’s colleagues vote tomor- row night, as that will impact on his party. Last week——

An Leas-Cheann Comhairle: Please, Deputy. You are taking up the time of your colleague.

Deputy James Bannon: ——in the chamber of Longford County Council the Minister’s Fianna Fa´il councillors voted against him and condemned him for his actions against the farm- ers of this country.

Deputy Seymour Crawford: I welcome my colleagues in the farm organisations in the Gallery. I thank Deputy Creed for giving us the opportunity to say a few words on the matter. The Minister and I were elected to the Da´il 16 years ago last week. Let us consider what has happened in the meantime. Ordinary family pig farms are closed. Mushroom units across our constituency are closed. Poultry units are under pressure from imports and poultry production and processing are under constant pressure from scrutiny that no other sector has to endure. Those who send their product to this country do not even have to label it. The one thing both the Minister and I fought for was to have the complete constituency of Cavan-Monaghan declared as severely disadvantaged. That took some of us a long time yet the Minister curtailed the benefit from disadvantaged area status that goes to those counties. He must be proud. Let us think of the message it is sending to Brussels that the Minister would 241 Agriculture: 2 December 2008. Motion

[Deputy Seymour Crawford.] use the first opportunity to disadvantage those disadvantaged farm families at a time when we are trying to get funding from them. The Minister also cut installation aid and the farm retirement scheme, the two methods that allowed farmers to transfer farms to young farmers. I accept that in recent years those schemes may not have been as important and the numbers may have been low because there were opportunities outside farming, but that is no longer the case and more students than ever are in agricultural colleges because they thought they had a future in farming yet the Minister took that away from them. I listened with interest to the Minister on local and national radio trying to defend the indefensible. One of the points he consistently made was that great grants were given for the farm waste management scheme. When that scheme was introduced I asked his predecessor whether she had provided sufficient funding and she made a joke of it and said that money was not a problem. Because of the money the Government has wasted in all kinds of areas we have gone from a \6 billion surplus two years ago to a deficit of almost \15 billion. In spite of this, the Minister is trying to blame the farmers who participated in the waste management scheme, as they were forced to do, for using up the money and he is asking disadvantaged farmers to foot the bill. It is not the Government that is paying for the farm waste management scheme but farmers in disadvantaged areas. They are being asked to make up the shortfall in the budget because the Government has squandered the money. Shame on the Minister. I worked with him to have the disadvantaged areas scheme apply to Cavan-Monaghan, yet he is the very person who is removing that benefit from the farmers of that region.

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I wish to share time with Deputies Collins, Conlon and Johnny Brady.

An Leas-Cheann Comhairle: Is that agreed? Agreed.

Deputy Brendan Smith: I move amendment No. 1:

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

notes that:

— total expenditure in 2009 by the Department of Agriculture, Fisheries and Food, including EU funding, in support of the agriculture, fisheries, food and forestry sec- tors, will be \3.26 billion, in recognition of the role the sector has to play and the enormous contribution it makes to the Irish economy;

— record funding of \355 million is being provided for REPS in 2009, including a 17% increase in REPS 4 payments;

— the suckler cow scheme represents a new stream of income which will deliver \33 million to Irish farmers this year, \44 million in early 2009 and \173 million over the remaining three years of the scheme and that the full commitment entered into in partnership to provide funding of \250 million over five years is being honoured in full;

— \220 million will be paid in disadvantaged area scheme payments in 2009, bringing to \2.3 billion the amount paid under this scheme to Irish farmers this decade; and

— the CAP Health Check represents an excellent outcome for Irish farmers that: 242 Agriculture: 2 December 2008. Motion

— will deliver \170 million for Irish farmers over the next five years, including \100 million in additional milk production;

— ensures that the key market management mechanisms, which are very important to Ireland, have been left completely unchanged, including intervention schemes for butter and skimmed milk powder;

— secures access to previously unused EU funds that will provide over \70 million over four years in additional money that will go directly into the pockets of Irish farmers; and

— ensures that Irish farmers will not lose one cent as a result of the increase in modulation, which will see \120 million transferred to the rural development programme over four years, and that the single farm payments of over 50,000 Irish farmers will not be affected;

commends:

— the Government’s achievement in securing an increase of the age limit for testing for BSE to 48 months, which will deliver a multi-million euro saving for Irish farm- ers; and

— the Minister’s decision to apply for brucellosis-free status for Ireland as a recognit- ion of the tremendous efforts made to reduce [and eliminate] the incidence of the disease in recent years;

acknowledges:

— the contribution that the Irish agrifood and drink sector makes to the Irish economy, accounting for 9.7% of exports, worth an estimated \9.2 billion, and 8.2% of total employment and that generated an operating surplus in 2007 of \2.6 billion; and

— the Government’s continuing commitment to, support for and development of this most important indigenous sector.

It is now almost two months since the budget. There have been some very significant devel- opments since then and more are on the horizon that will have an impact on Irish agriculture. These developments present both challenges and, more important, opportunities for Irish farm- ers and the agrifood sector. The sector operates in a dynamic, ever-evolving environment that requires flexibility and an ability to adapt to change. Significantly, the Council of Agriculture Ministers recently concluded negotiations on the CAP health check, which represents a very successful outcome for Irish farmers. Only last Friday, I was in Brussels for a wide-ranging discussion on the future of the CAP after 2013 and I emphasised my strongly held view that there will be a continuing need for an active and appropriately resourced European agricultural policy to achieve the European Union’s policy objectives for the agriculture and food sector and to help our farmers and processors to adapt to the new and emerging challenges. The circumstances that applied at the time of the budget demanded that the Government address the sharp deterioration in the public finances and we have chosen a direction that is not based on soft options, quick fixes or political expediency. The choices we make will deter- mine whether we can maintain, to the greatest possible extent, the economic progress we have achieved in the last decade. 243 Agriculture: 2 December 2008. Motion

[Deputy Brendan Smith.]

There were times in the post-budget debate when some people seem to have forgotten the basic fiscal fundamentals. The economic outlook is such that we have less money to meet growing public expenditure demands. We cannot borrow our way out of trouble or return to the days of punitive tax rates that stifled economic growth and resulted in high unemployment. Our day-to-day expenditure next year will exceed revenue by \4.7 billion, equating to over \1,000 for every man, woman and child. We cannot and will not return to the days of the budgetary management we experienced in the 1980s. Given the resources available to me, I had to make choices and identify priorities for 2009.

Deputy James Bannon: The Minister made bad ones.

Deputy Johnny Brady: Nobody interrupted Deputy Bannon.

Deputy Brendan Smith: That is correct.

An Leas-Cheann Comhairle: The Deputy on the Opposition side was heard without interrup- tion. I expect the same to apply in respect of the Government side.

Deputy Paul Connaughton: The Government side had nothing to say; that is what was wrong with them.

Deputy Brendan Smith: This meant having to make difficult decisions but I am satisfied that, in the circumstances, I made the right ones. Given some of the reactions to the budget measures I announced, one would be easily excused for forgetting that my Department will be spending \3.26 billion in support of Irish agriculture, fisheries, food and forestry in 2009. This expendi- ture ensures that record funding of \355 million will be provided for REPS, which represents a 7% increase in overall funding and a 17% increase in payments under REPS 4. Less than four years ago, the yearly allocation for REPS was \209 million. Next year’s level of spending will ensure that the commitment, entered into in the partnership agreement, to provide \250 million over five years for the suckler cow welfare scheme will be honoured in full. To suggest anything other than that this commitment is being honoured is inaccurate. Earlier this week, I read claims that 12,000 farmers will take a hit on their suckler payment. I do not accept this as the suckler payment is a new stream of income for farmers, the first payments only having been made in the past few weeks. Some \33 million will have been paid before the end of this month and a further \44 million will be paid in the early months of 2009. Regrettably, it is the case that I had to reduce expenditure on the disadvantaged areas scheme, but I do not accept some claims about the extent of the impact of that decision on overall farm incomes. I remind the House that the Irish disadvantaged areas scheme is one of the best-resourced in the European Union. Its payments comprise national and EU funding. Two thirds of disadvantaged area payment recipients will experience no reduction in their payments. I consciously protected the smaller-scale farmers by ensuring that no farmer with less than 34 hectares, or 84 acres, will have his payment reduced.

Deputy Michael Creed: That is rubbish and the Minister knows it.

Deputy Johnny Brady: Nobody interrupted the Deputy.

Deputy Paul Connaughton: The Minister sent out the wrong signal.

Deputy Brendan Smith: The Deputies should listen to the facts. 244 Agriculture: 2 December 2008. Motion

An Leas-Cheann Comhairle: The Minister should be allowed to continue without interruption.

Deputy Brendan Smith: The average holding is 31 hectares. Given the contribution of the disadvantaged area payments to overall farm incomes, I cannot accept that the reduced expen- diture in 2009 will have the impact some Members claimed it will. The decision I took on the early retirement and installation aid schemes was to suspend temporarily entry thereto for new entrants and not to abolish them, as some Members have continued to allege. Despite the suspension of the schemes, the Department will still pay \48 million in early retirement pensions in 2009 and \9 million to 600 installation aid applicants. A number of important tax reliefs of specific benefit to the agriculture sector——

Deputy Michael Creed: Worthless.

Deputy Brendan Smith: ——some of major importance to new entrants and which are worth \65 million per annum, were extended in the budget and the Finance Bill. I have made it clear repeatedly, in response to representations from farm organisations and at meetings therewith and with public representatives, that I intend to revisit the decision to suspend entry to these schemes as soon as budgetary circumstances permit.

Deputy Michael Creed: On a point of order, I appreciate what the Minister has said but there is a category of farmer who, in the interim, may be installed in his land-holding——

An Leas-Cheann Comhairle: That is not a point of order.

Deputy Brendan Smith: I am losing time. Deputy Creed should note there will be ques- tions tomorrow.

An Leas-Cheann Comhairle: I will ensure the Minister receives his full allocation of time.

Deputy Michael Creed: The Minister is deliberately avoiding the question.

Deputy Brendan Smith: I am not avoiding any question. The outcome of the health check initiative was particularly satisfactory from an Irish point of view and included a number of notable achievements for Ireland. As with all negotiations of this nature, we did not get everything we would have liked but we did achieve an outcome that will be worth some \170 million to Irish farmers over the next five years. We also ensured a soft landing for the Irish dairy sector——

Deputy Michael Creed: Tell somebody receiving 24 cent per litre that it is a soft landing.

Deputy Brendan Smith: ——which is particularly important given the abolition of milk quotas in 2015. The outcome in regard to milk quotas will result in a quota increase equivalent to 500 million litres by 2014, by comparison with the figure for 2007. Based on existing milk prices, the value of these production rights amount to some \100 million.

Deputy Seymour Crawford: They are worth nothing.

Deputy Paul Connaughton: They are worth absolutely nothing.

Deputy Brendan Smith: Despite the current price for milk, I am confident that the long-term outlook is positive and that the Irish dairy sector is well equipped to take advantage of the 245 Agriculture: 2 December 2008. Motion

[Deputy Brendan Smith.] opportunities that will result from growing prosperity in developing countries as well as increas- ing population trends. The world’s population is expected to grow by almost 800 million over the next decade.

Deputy James Bannon: The Minister should live in the real world.

Deputy Brendan Smith: I do not have to listen to gibberish from Deputy Bannon.

An Leas-Cheann Comhairle: The Minister without interruption.

Deputy Brendan Smith: Deputy Deenihan made his point on the particular pressures on the dairy sensibly. He addressed the issue, unlike some of the commentators I have heard. Unfortunately, price volatility now seems——

Deputy James Bannon: The Minister is under pressure.

Deputy Brendan Smith: I am losing time and cannot get to the facts because the Deputy is wasting my time. That is the reality. I am listening to rubbish from him.

Deputy James Bannon: The Minister has let down the farmers of this country.

An Leas-Cheann Comhairle: Deputy Bannon should cease.

Deputy Brendan Smith: It is a disgrace, as usual.

An Leas-Cheann Comhairle: This is a national Parliament.

Deputy James Bannon: He is a disgrace.

An Leas-Cheann Comhairle: The Deputy should at least respect the Chair.

Deputy Johnny Brady: I advise the Deputy to go and cut the turf.

An Leas-Cheann Comhairle: The Minister is entitled to be heard without interruption and I will ensure that he is.

Deputy Brendan Smith: I thank the Leas-Cheann Comhairle. The Government is also investing significantly in the dairy processing industry, through the dairy investment fund, to ensure it will have the capacity to process the increased yield I believe dairy farmers will be more than capable of producing. I had identified the maintenance of market supports as a particular priority given Ireland’s seasonal pattern of production. Despite significant opposition, I secured agreement to the retention of intervention for butter and skimmed milk powder, without losing the compulsory purchase at the intervention price of the first 30,000 tonnes of butter and 109,000 tonnes of skimmed milk powder. Coupled with the retention of private storage aid for butter, in its current form, this was a very significant achievement. A further priority of mine was to secure national discretion for the operation of specific supports funded from the single payment ceiling. I am particularly pleased that we succeeded in this aim. I was one of the first to press for this initiative and the deal agreed means that a minimum of around \23 million in new money will be available to Irish farmers from 2010, with a much smaller amount available in 2009. I invited the farm organisations to meet me later this month to discuss how best this new money can be used and a date for that meeting 246 Agriculture: 2 December 2008. Motion has now been fixed. Although I think it important to get the views of the stakeholders, I do not intend this to be a lengthy process and I expect to be in a position to come to an early decision following the forthcoming meeting. I have previously expressed my concern for the sheep sector in particular and have repeatedly acknowledged that this sector needs support, given its importance. I am particularly conscious of the decline in production in recent years and of decline in demand this year. My position in respect of the sheep sector has been consistent and remains exactly as I outlined it at a Euro- pean sheep conference last September and, more recently, when I addressed the sheep farmers conference organised by the Irish Farmers Association in Tullamore. On that occasion I said I wanted to ensure that the changes in the health check initiative will open the possibility for some useful action in the sheep sector.

Deputy James Bannon: Then why are the sheep farmers outside the Minister’s office every evening?

Deputy Johnny Brady: The Deputy should shut up.

An Leas-Cheann Comhairle: If Deputy Bannon persists in interrupting, I will ask him to leave the House.

Deputy Trevor Sargent: They are entitled to protest.

Deputy Brendan Smith: Despite claims to the contrary, I have not backed away from any commitments to sheep farmers. The sector remains a priority and is one that needs assistance. I have no doubt that proposals to support the sheep sector will form a central part of the discussions to which I have invited the farm organisations later this month. I look forward to that dialogue and to constructive discussion and will give full consideration to the proposals made, including those that have been publicly articulated recently. Having concluded agreement on the Common Agricultural Policy health check, the Agri- culture Council met only last Friday for an initial consideration of the CAP post-2013. I restated my firm conviction that Europe needs a strong agricultural production base and outlined my concerns that any reduction in food production in the EU would be taken up elsewhere where less efficient production systems exist. This would result in a heavier carbon footprint. I empha- sised the continuing need for an active and appropriately resourced European agricultural policy to achieve the EU’s objectives for the agrifood sector and to help Irish and European farmers and processors adapt to the new and demanding emerging challenges. I also stressed the need for effective rural development programmes which play a key role in regional develop- ment and in the protection of the environment and stated the critical importance of having equivalent standards for imports from outside the EU. Improved animal health standards continue to be very important generally and, more specifi- cally, for farmers and the livestock industry. Consequently, I am very pleased to be in a position to say that considerable progress has been made in dealing with two important diseases that have had a significant impact here in the last decade, namely, BSE and brucellosis. BSE has been a particular priority of mine and also of my predecessor, the Ta´naiste and Minister for Enterprise, Trade and Employment, Deputy Mary Coughlan. We wished to have the age for BSE testing raised significantly. I have long been of the view that the current testing requirements, which are fixed at EU level, are excessive. One of the first things I did when I became Minister for Agriculture, Fisheries and Food was to write to the.EU Commissioner to press her to increase the age for BSE testing as a priority matter. I am very pleased that the Commission has now agreed to raise the age for testing to 48 months from early next year. 247 Agriculture: 2 December 2008. Motion

[Deputy Brendan Smith.] The new arrangements will mean 400,000 fewer BSE tests on cattle, resulting in a significant saving, a minimum of \8m a year, for farmers and the industry. Excellent progress has been made on brucellosis in recent years. From a situation where recently we had more than 1,000 herd breakdowns in a single year, there have been no con- firmed outbreaks of brucellosis in Ireland since April 2006. This is most welcome progress and it enables me to apply to the EU for an official brucellosis-free status for Ireland early next year. The progress made is due to a number of factors, not least the full cooperation of all stakeholders with the eradication regime. This included comprehensive testing, depopulation and other arrangements.

Deputy Paul Connaughton: What was wrong with TB?

Deputy Brendan Smith: Securing an official brucellosis-free status for Ireland will enable me to reduce some of the control elements of the eradication programme. This will bring conse- quential benefits for farmers, particularly with regard to trade. In addition, it will be possible to bring about a gradual reduction in the level of testing that will, over time, lead to reduced testing and lower costs for farmers. However, we must take a cautious approach in view of the current disease situation north of the Border. Accordingly, I envisage a controlled reduction in the programme over a period of years, based on risk assessment, following the achievement of disease-free status for the coun- try. My Department is engaged in consultations with the farm organisations and other stake- holders with a view to finalising the scaling down of the programme over the next few years. I believe that achieving official brucellosis-free status would be a landmark in the history of disease eradication in Ireland and I am grateful for the co-operation of all of the parties who have contributed to the success to date. I was particularly pleased that I was in a position last week to announce interim arrangements to facilitate progress on the proposed industry-led herd health initiative. Among other things, this involves the establishment of a dedicated, industry-led, national co-ordinating body to be known as Animal Health Ireland and it delivers on another of the important commitments in the programme for Government. It is envisaged that this body will operate as a partnership between industry, service providers and Government. It will have two broad aims. The first is to determine and, on an industry-wide basis, obtain agreement on a range of animal health interventions capable of enhancing on-farm productivity and the competitiveness of the live- stock industry in international markets. The second is to develop and co-ordinate the national infrastructure that will be needed to enable industry at all levels to take appropriate and effec- tive action. I look forward to the co-operation of all the stakeholders with regard to that particular initiative. My Department will spend \3.26 billion next year in support of a sector which, according to the most recent figures, accounts for almost 10% of the country’s exports and over 8% of employment. In 2007, Irish agrifood and drink exports were worth an estimated \9.2 billion. Budget 2009 has seen a modest reduction in expenditure and I have had to make difficult choices. Those I made are aimed at focusing available resources on the measures that will allow us to maintain and grow the productive capacity of the agrifood sector. The sector operates in a dynamic global environment. To emphasise the international influences on the sector, we need only reflect on the developments since the budget, including a very favourable outcome to the recent CAP health check and the opening discussions with regard to the post-2013 situation. I have no doubt about the need to maintain a strong agricultural production base in 248 Agriculture: 2 December 2008. Motion

Europe and that will be my position and that of the Government throughout future nego- tiations. The progress made in respect of animal health this decade is now resulting in genuine benefits for farmers. This is a tribute to the commitment of farmers to improving the health status of the Irish herd. It recognises the disruptive and costly nature of the eradication arrangements on farmers and on my Department in terms of compensation and the substantial additional costs incurred in testing and the other economic losses that arise from the premature removal of infected cattle. Irish agriculture is facing challenges but is also being presented with opportunities. I am confident of the industry’s capacity to meet those challenges and to exploit the opportunities and the sector can be assured of the Government’s commitment and support and that we will ensure that it meets its full potential over the next few years.

A Deputy: The Minister did not address the motion.

Deputy Niall Collins: I second the Government’s amendment to the motion as set out by the Minister. I welcome the opportunity to partake in the debate as a Deputy representing a rural constituency, along with my colleague on the Fine Gael side, Deputy Dan Neville. I acknowledge the considerable contribution to the economy made by the 132,000 farm families, on an ongoing basis, and also that of the many thousands of other people who derive their livelihood indirectly from the agri-sector. Last week we spoke about small and medium enterprises and in that vein we emphasised the role of banking. Banking has significant input into farming because farm families run businesses. I reiterate the call I made last week to the banking sector to adopt a more flexible approach to farm enterprises. I welcome the announce- ment by Bank of Ireland of a \250 million fund and the further announcement by Royal Bank of Scotland that it will allocate \1 billion to make credit available. This credit must be extended to the farm sector. I call again on the banks to produce a strategy statement to deal with the agricultural sector. Recently I met a number of representatives from the IFA and the ICMSA as many other Deputies must do. I asked them how, apart from all the other issues, we can help them on a day to day basis. A common theme that emerged concerned how farmers can realise their assets through the sale of sites. All Deputies from different parties can bring this 8 o’clock to fruition. Local authorities have tended to limit the number of sites being sold and put on the open market, particularly those owned by farmers. Dealing with this issue would allow farm families to realise their assets and would also provide the kick-start to the construction sector that is so badly needed. I refer, in particular, to the sterilisation of land which planning authorities are inflicting on many farm families. Sustainable rural house guidelines refer to this.

Deputy Seymour Crawford: The Deputy should write to the Minister about that.

Deputy Niall Collins: Section 47 of the Planning and Development Act 2000 provides that a planning authority may enter into an agreement with any person for the purposes of restricting or regulating development and the use of land permanently for a specified period. Certain arrangements under this section, more commonly known as sterilisation agreements, have been used on occasion by planning authorities to regulate development in rural areas. In areas where significant levels of rural housing development have taken place on the edges of cities and towns, such areas may tend to become over-developed.

Deputy Seymour Crawford: Is this debate on planning or agriculture? 249 Agriculture: 2 December 2008. Motion

Deputy Niall Collins: Such agreements have provided a useful tool for enabling planning authorities to support rural generated development, on the one hand, while on the other——

Deputy Michael Creed: On a point of order, is the Deputy obliged to address the motion before the House or to have a debate on the Limerick county development plan?

An Leas-Cheann Comhairle: There is a requirement that the motion before the House be adverted to.

Deputy Niall Collins: With respect, perhaps I can finish the point I am making. As regards the motion before the House, we are having a debate about the sustainability of farm enterprises and I am making a point in that context. I have asked members of farm organis- ations how we may assist in all types of areas. I am making the point that has been made to me; am I allowed to do that?

An Leas-Cheann Comhairle: The Deputy has one minute left. I shall certainly give him as much latitude as I can.

Deputy Niall Collins: I thank the Leas-Cheann Comhairle. However, the inflexible nature of such agreements limits their usefulness beyond highly exceptional circumstances. I will con- clude on the point that all local authorities as well as the IFA and the ICMSA are telling me there is an overuse of sterilisation where farm family lands are being exempted from develop- ment indefinitely, and——

Deputy Michael Creed: For God’s sake, speak about installation aid or early retirement.

Deputy Seymour Crawford: What about early retirement?

Deputy Niall Collins: ——I fundamentally disagree with that. Members right across the House should emphasise that we do not use these anymore.

(Interruptions.)

Deputy Margaret Conlon: Ta´ ala´n rudaı´ soile´ir ag an am seo. Ta´ geilleagar na tı´re ag dul in olcas agus ta´ orainn´ ıobairtı´ a´ dhe´anamh ar mhaithe lena´r dtı´r. Ta´ se´ ra´ite go gcuirfidh na ciorraithe isteach go mo´ r ar na feirmeoirı´. Ach ta´imid i gcruacha´s, taistı´onn cabhair uainn agus mar sin, tarraingimis le che´ile. With limited resources, very tough and difficult choices have to be make. The early retire- ment and installation aid schemes have been temporarily suspended to new entrants, not abol- ished. The Minister has stated that this position will be reviewed as soon as the current budget- ary constraints permit.

Deputy James Bannon: What about all the Government has squandered?

Deputy Margaret Conlon: Some \48 million is being paid in farmers’ pensions in 2009 and \9 million will be paid in installation aid grants. The overall funding for the disadvantaged area scheme will be reduced by 14% to \220 million in 2009. The Minister has targeted this reduced funding to ensure that 67,000 of the 102,000 participants do not experience any reduction in their payments. There will also be no reduction in payments on holdings of up to 34 hectares, a conscious decision taken by the Minister to protect the smaller scale farmers.

Deputy Michael Creed: He made a promise in social partnership on the disadvantaged area payments, also. 250 Agriculture: 2 December 2008. Motion

Deputy Margaret Conlon: By the end of 2009, some \2.3 billion will have been paid to tens of thousands of Irish farmers in disadvantaged area payments this decade. This is a concrete fact and a reality of the delivery of Fianna Fa´il in government to the farmers of Ireland.

Deputy Seymour Crawford: The Minister did not turn up to meet the farmers in the Deputy’s constituency.

Deputy James Bannon: That is right.

Deputy Margaret Conlon: Deputy Crawford has had his opportunity, and I did not interrupt Deputy Bannon. The budget and Finance Bill extend a number of tax reliefs that are of specific benefit to the agri-sector, worth \65 million per annum. I am delighted that the REPS scheme will continue in order to ensure it can continue to accommodate farmers wishing to join in 2009. The REPS allocation for 2009 will be increased to \355 million. In the partnership talks, the Government made a commitment to spend \250 million on the suckler welfare scheme. This, I am assured, by the Minister for Agriculture, Fisheries and Food, will be fully honoured, a point which the Department reiterated in the print media recently. It is incorrect to state that this is being lost to farmers as it is a new stream of income. My Cavan-Monaghan constituency colleague, the Minister, Deputy Brendan Smith, is presented with most challenging times. The public financial situation had obvious adverse impli- cations for expenditure across all Departments and difficult decisions had to be made in the best interests of the country. While some of these may seem unpalatable now, neither were they popular in the 1987 budget. However, a tough budget is needed to realign Ireland’s path into the future if we are to find a solution after all the international financial and banking turmoil has settled, which could take longer than many had envisaged. The developments post-budget 2009 present challenges and, more important, opportunities, for farmers and the agri-food sector. The sector operates in a dynamic, fluid environment that requires a flexibility, willingness and capability to change. The Government is also investing significantly in the dairy processing industry, through the dairy investment fund, to ensure it has the capacity and ability to process the increased production I believe dairy farmers will be more than capable of producing. In conclusion, the Minister, Deputy Smith, posed the question tonight as to whether anybody would have thanked us, had we eschewed our duty and abandoned long-term responsibility in favour of short-term populism.

(Interruptions.)

Deputy Margaret Conlon: In five or ten years time, people will understand why we did this and will respect us for framing this very unpopular budget. In 2009, national expenditure will exceed revenue by \4.7 billion. This is more than \1,000 for every man, woman and child in this country. Finally, if we return to the days of crazy budgetary management, what will our children think of how we performed as legislators at this time? Should we have taken the easy option or the tough unpopular ones? The Minister has explicitly stated that when the current financial situation improves, the Government will re-examine the early retirement and instal- lation aid schemes — and I intend working with my colleague to ensure that pledge is honoured.

Deputy P. J. Sheehan: Live horse and you will get grass.

Deputy Margaret Conlon: Agriculture has always played an important role in our economy and will continue to do so into the future. 251 Agriculture: 2 December 2008. Motion

Deputy Johnny Brady: Before I start, I should like to withdraw something I said to Deputy Bannon. I told him to shut up and it is not my style to use that language. I want to tell Deputy Bannon that I am very sorry. These have been interesting times for the agricultural sector. The sector, like other areas, felt the chill wind of the global economic downturn. There was some good news with the recent CAP health check, which concluded in Brussels a few weeks ago. This represents a very good outcome for the Irish agricultural sector and will deliver \175 million over the next five years. Milk quotas will be abolished in seven years time. A 2% quota increase in 2008, a 3% increase in 2009 and a 1% increase in each of the years from 2010-13 will cumulatively amount to an increase of 9% by 2014. This is equivalent to an additional 500 million litres as compared to 2007. Based on existing milk price values, these production rights amount to about \100 million. I should like to compliment my friend and great colleague, the Minister, Deputy Brendan Smith, on his negotiating skills in that particular deal. Agriculture has always had a major role to play in our world, and it will continue to do so. It has a major part to play in issues such as food security, energy security and climate change. There are still more challenges to come, but we can meet them if we work together. Ireland has always had a dynamic agricultural sector, with deep-rooted attachment to the land. We need to maintain this link with the land and ensure we are in a position to take advantage of any upturn in the economy. We are living in unprecedentedly difficult economic times. There is financial turmoil across the globe and we are facing the most severe economic depression since the period of the Wall Street crash. The current economic situation is extremely difficult and with massive tax shortfalls it is necessary to make significant reductions in public spending. Very difficult choices had to be made within each Department. As regards the disadvantaged area payments, it should be noted that more than 65,000 out of the 102,000 recipients will experience no reduction in their pay- ments. Participants with average sized holdings of 31 hectares will not be affected by the decision. However, again I know the Minister wants to look at the situation as soon as possible and reinstate it. For the sucker welfare scheme, the commitment in the Towards 2016 partnership agreement, to provide \250 million in funding, is being honoured in full. Regarding early retirement and installation aid, these schemes have been temporarily suspended for new entrants. However, this situation will be reviewed, and I know the schemes are very important for the young and the elderly. The Minister is keeping the situation under review, and hopefully the schemes will be reinstated. We can all recall 1995, when the Proinsias De Rossa-led Democratic Left Party in government abolished the early retirement scheme and we came back into power and reinstated it. A number of significant tax reliefs, worth \65 million annually, were extended in the budget, some of which will be of particular benefit to young farmers, notably, the young trained farmer stamp duty relief worth \53 million.

Deputy Dan Neville: What about the disadvantaged areas?

Deputy Johnny Brady: Young farmers are the future of the farming sector and it is incumbent on us to do all we can to support them as they seek to gain a foothold in the area. With regard to farm waste management, there is no funding shortfall and works completed by 31 December will be paid. There will be taxpayer investment of at least \615 million over three years. The farm improvement scheme will be funded and the \79 million for farm invest- ment will be honoured in full. Total expenditure for agriculture, fisheries, food and forestry sectors in 2009 will be worth \3.2 billion, a significant sum.

Deputy Sea´n Sherlock: I will share time with Deputies Penrose and Ferris. 252 Agriculture: 2 December 2008. Motion

An Leas-Cheann Comhairle: Is that agreed? Agreed.

Deputy Sea´n Sherlock: I wish to begin by replying to Deputy Collins. Not every farmer in the country wants to build houses or become a developer on his or her land-holding. Those people are in the minority. I remind the Deputy that the arrangements he spoke about are only guidelines and that the county development plans of each county take precedence over those guidelines. In response to Deputy Brady, the Government in question was not a Demo- cratic Left-led Government. There were three parties in that particular arrangement. I represent a party that traditionally would not be aligned to the farming community. However, in terms of my wholehearted supported for this motion, I can give an analysis that is unfettered and devoid of political expediency. I do not intend to be politically expedient tonight, but to speak of the facts. We reside in a European Union where UK young farmers represent 5.6% of the total farming workforce and Ireland young farmers represent 10.5%. These percentages are from a report from the European Parliament issued in May 2008 and represent farmers under the age of 35. If we are to be innovative in the manner we create jobs during the current downturn, we need to create incentives. The only way to create incentives is to ensure that coterie of the population — the under 35s — who are interested in becoming involved in agriculture get the financial incentives to do so. There is an economic rationale for ensuring the early retirement scheme and installation aid scheme for young farmers are maintained. By allowing these new farmers to enter the sector, which is a productive sector and generates revenues of \8.6 billion per annum in food and drink exports about which the Minister spoke, we encourage innovation. However, by culling the scheme, we create a disincentive. At a time when, for example, FA´ S has a budget of \1.05 billion, we have spent \48.4 billion on the indigenous sector through Enterprise Ireland and we are spending \90 million on capital expenditure for IDA Ireland, all of which is for job creation, there is a ratio of that kind of investment for every job created. Therefore, every job created costs the economy a certain amount, a specific figure which I have not been able to ascertain. Therefore, by creating, allowing or facilitating the installation aid scheme and by investing in each and every one of the young farmers new to the sector, the Government is progressing the sector and creating a job, or in economic terms a multiplier effect, that ensures the rural economy will continue to be maintained. This is a rational, objective and cold view that is devoid of any political expediency. These schemes are essential if we are to maintain our comparative advantage within the rural economy. If the Government continues to remove funds from the rural economy, the rural depopulation we have witnessed, the lack of proper infrastructure and the lack of expenditure within that economy will have a further detrimental effect. Any person who avails of a scheme such as the young farmer installation aid does not spend the money in Santa Ponsa, but invests it in his or her own farmholding, generally in a way that is innovative and will increase the yield or return to that farm. To return to the demographics, the bulk of farmers are within a certain age group and there is a certain wisdom that comes with that intergenerational solidarity that occurs within the sector. However, with every new influx of blood, there comes new ideas. We talk about issues such as carbon off-setting and the possibility of micro-energy production, but if we talk about innovative ideas, we need to ensure the incentive is there to allow young people come into the sector. What the Minister has done by culling the scheme is to disincentivise them and that is not the way to go. 253 Agriculture: 2 December 2008. Motion

[Deputy Sea´n Sherlock.]

I represent a rural-urban mix of a constituency. My constituency traditionally had large agribusiness interests, but these have declined over a period of time. There is now a real opportunity for people of my generation to come into the sector. These people will have a farming mix that will involve energy creation and a different type of product mix that will yield benefits to the country in the long run. Therefore, I urge the Minister to rethink the changes. I conclude by quoting from Macra na Feirme, which has a rational position on these issues:

Macra is demanding the complete reopening of the young farmer installation aid scheme. This scheme was agreed under the Social Partnership for 2007-2013 and is co-funded by the EU.

If it is a co-funded procedure devised under social partnership pillars, we must honour the agreement, just as we honour all the other pillars of the social partnership arrangement in the country.

Deputy Martin Ferris: I thank the Labour Party for allowing me ten minutes to speak. I fully support this motion. I go further and say that all of the budget cutbacks in the agriculture sector should be reversed. This would include not just the three schemes referred to, but also the suckler welfare scheme where payments are to be halved and the cuts made in Teagasc and the overall allocation for research and development. Within days of the budget, I was contacted by a group of 27 young farmers in Kerry who, because of the closure of the installation aid scheme, were concerned they would not be eligible for the scheme. Some 23 of them had completed their training course in July this year. They received their FETAC certificates just days after the budget, despite the fact they had a letter from Teagasc telling them they would have their certificates within six weeks. The anomaly for these young people is that the delay in awarding them their certificates means their prospects are affected by the budget. However, because of the closure of the scheme they are no longer eligible and this represents a severe and in some cases fatal blow to their hopes and prospects of beginning to farm. I am reliably informed that 500 other young farmers in the State are in a similar predicament. The Minister has not clarified the position in respect of these young farmers and this must be done. They are entitled to the installation aid and should receive it. As I stated at the time, this represents not only a betrayal of those young farmers who entered into training courses to prepare themselves to take over the running of a farm, it also represents a cynical vote of no confidence in rural Ireland. The stark fact is that in the absence of schemes such as installation aid, which often can be the difference between a young farmer being able to get off the ground or otherwise, many of the 23 young farmers to which I referred from my native county, as well as the 500 in other counties, will not only not proceed with their plans, but may well in the current climate also be unable to secure employment elsewhere and undoubtedly a significant proportion of them will be forced to emigrate. Is that the sort of message the Government wishes to send to young people in rural Ireland? Is that all it has to offer after decades and more of economic growth? Once matters begin to take a turn for the worse, young people in rural communities are expected to do what gener- ations of young people in rural Ireland have done, which is to turn their back on their tradit- ional way of life and seek work on building sites and bars in London, New York and elsewhere. That is, if such work is available. In present circumstances, given the downturn in the economic outlook of the traditional countries to which young people leaving rural Ireland emigrated, this opportunity no longer is open to them. 254 Agriculture: 2 December 2008. Motion

The same applies to the early retirement scheme. Together with others, I have been meeting people and getting representations from those who felt badly done by the original scheme or rather, how their situation was affected in the wake of the CAP reform and the impact it had on them. Closing this scheme will, in the same manner as getting rid of installation aid, have both a direct impact on farmers’ incomes and a negative impact on the transfer of land to younger farmers and on the future of the sector with regard to land ownership, farm innovation and consolidation. I cannot understand how the Government would take such an irresponsible approach, given it is trying to encourage young people to stay on the land and to encourage elderly people to transfer the land to the young in order that they can continue in a traditional way of life. I cannot understand the reason a government would take such a cynical decision and effectively wipe out both sectors. It is clear from the representations I have received since the budget both from my native county and around the country that there is huge anger and disappointment with the manner in which farming and the rural economy is being treated. This is being reflected at present in the meetings and lobbies being held around the country, including a large turnout in Ennis last Sunday, where up to 10,000 farmers and their families protested. I was proud and honoured to attend last Sunday’s meeting. While the entire sector is affected, the impact the cuts will have on smaller farmers is partic- ularly noticeable, as is the manner in which this is adding to an already considerable level of pessimism among small to medium farmers about the future. Unfortunately this ties in with the feedback I have received while compiling a report for the Joint Committee on Agriculture, Fisheries and Food on the current state of and future prospects for, farming and fishing in the western counties. While the report focuses on west Cork, Kerry, west Limerick, Clare, Galway, Roscommon, Mayo, Sligo, Leitrim and Donegal, it is of relevance to the entire country and particularly to farmers at the lower end of the income scale. I am pleased to note that while compiling this report, I received great support from all the farming bodies and from the affected people living in rural Ireland. One of the most striking findings from a survey that was conducted among farmers in those counties during the summer was the level of pessimism. Of the more than 200 farmers who took part in the survey at marts, only 23% thought their situation had improved since the introduction of the single farm payment, a further 60% believed their situation had worsened, while the remainder felt there had been no change. That is an extremely worrying statistic and one that undermines much of the optimism that surrounded the introduction of decoupling as part of the 2003 CAP reform. One of the reasons clearly is that the value of the single farm payment is declining by approximately 12%. This is because it is not index-linked and, in some cases, through modulation, even though farmers on the lowest payments are exempt. Another significant finding from the survey was that 84% believed that farmers in the west were dis- advantaged in comparison with those in other parts of the country. While some of this was attributed to the quality of land, others specifically referred to what they believed was an official neglect of the west, not simply in farming, and that the overall treatment of the rural economy was badly affecting farming and increasing the difficulties of attaining viability. Perhaps the most worrying aspect of the survey, however, was that only a minority of those questioned believed that they or a family member still would be involved in farming in ten years’ time. A total of 42% believed they would, 38% believed they would not and the remain- der were unsure. This suggests an even greater proportion of current farm households will be gone within the next decade than even the 23% decline by 2015 that was forecast in the Agri- Vision report. It may, however, be a more realistic picture, given the way western farmers view their prospects and in the light of the current undermining of the sector, as represented most recently by the budget cuts. Indeed were this survey to be conducted now, I am sure the negative responses would be far greater than they were in the summer. This is my point. The 255 Agriculture: 2 December 2008. Motion

[Deputy Martin Ferris.] Government’s actions regarding rural Ireland and the farming community in particular has made the position far worse than it was previously and has created far more pessimism in that sector. This is the reason it is crucial for the Government to take urgent measures to encourage what remains the largest single indigenous provider of livelihoods in this State, which has a major multiplier effect throughout the rest of the rural economy in stimulating activity in other areas such as construction. However, just as investment in farming has a positive impact, so too will the withdrawal of investment and this already is apparent in the building sector in many areas. This is particularly true given the failure to extend the waste management scheme and to permit farmers to complete planned on-farm works that would have sustained many jobs over the short term in this difficult period. The Government’s actions have been contradicted by the commendable actions of Michelle Gildernew in the Six Counties. The Executive there has extended the scheme for three months, where the construction of farm waste management is perceived to be credible and verifiable. It is prepared to pay the remainder out of its own Exchequer, which is highly commendable.

Deputy Brendan Smith: It is Her Majesty’s Exchequer.

Deputy Martin Ferris: Moreover, its foresight to extend slurry-spreading until 31 December, constitutes an indictment of the Government, which merely is reacting from month to month. The farming sector on this island and in the Twenty-six Counties in particular, is in need of support. It does not need to be penalised further because of the neglect of Governments present and past. It also constitutes an attack on the most vulnerable sectors of our society. The budget attacked the elderly, the youth and the most vulnerable sector within the farming community. The budget cuts must be reversed in their entirety as far as the farming sector is concerned. It is ironic that while this House passed and will support the bail-out of the banks, all the Govern- ment is doing is to penalise those who built this State and this economy, namely, the farming community and our rural communities. This is what is taking place and that is the reason it must be reversed. When I spoke at Ennis last Sunday, I stated this was a human rights issue. It is a human rights issue whereby people living on the margins on the western coast, as well as those most affected in the farming communities, are struggling to survive.

Deputy Brendan Smith: Human rights is a good subject.

Deputy Martin Ferris: They are proud dedicated people who are committed to their com- munities, families and traditional way of life. However, all the Government can do is penalise them and try to drive them off the land. This is what is taking place. It is a deliberate attempt made in this House to clear off the small and medium sized farms. This must be reversed and Members must stand together. I appeal to the backbenchers on the Government side of the House, to those are listening or who are meeting their constituents on a daily basis. Throughout the rural communities on this island, Deputies were elected democratically to this House but were not elected to penalise or to cut back farm income. They were not elected to attack the most vulnerable in our communities. They were elected democratically to do the right thing, the just thing. They are not doing that and I make a final appeal to the Minister to do the right thing. Those who do not stand with the Government on that side of the House should let their voices be heard——

An Leas-Cheann Comhairle: I ask Deputy Ferris to move the adjournment of the debate.

Deputy Martin Ferris: ——and not be intimidated by the Government. 256 Redundant 2 December 2008. Apprentices

Deputy Brendan Smith: Democracy is a great thing, no matter how one comes to it.

Deputy Martin Ferris: It is time the Government stood up for the people of this country who are most in need. It is time they stood by the people who put them there. This budget, and, in particular, what the Minister is doing to the farming community, is not the democratic wish of our communities or society. The Minister was not elected for that and neither was the Government.

Debate adjourned.

Adjournment Debate.

————

Redundant Apprentices. Deputy Mary O’Rourke: I thank the Ceann Comhairle for permission to raise this matter and the Minister of State, Deputy Devins, for coming in to deal with it. I wish to raise the serious position of the 1,000 to 1,200 apprentices who have been made redundant. I do not know the exact number — perhaps the Minister of State has it in his brief but it is of that order — but the careers of these apprentices, who are awaiting their final certification, have been cut short mainly because of the economic downturn. This problem knows no county border. It has occurred throughout the Twenty-six Counties. Young men, and some young women, set out on their careers as apprentice bricklayers, carpen- ters, electricians etc. through which they would get final certification. Once they had this certifi- cation they could travel the world and get a position because our certificates are recognised and approved by the European Union and further afield. When we spoke here about a month ago on a similar motion on unemployment in general, I was under the impression that a scheme was just about to be put in place. However, a month has gone by and over the past two to three weeks many parents have come to see me about their sons — sometimes about their daughters — whose careers have been cruelly cut short because the construction or electrical firm to which they were apprenticed has folded. Through no fault of their own, the careers and training of these young apprentices have been cut short mid-stream and they are left with nothing, despite having completed up to three years’ training. I appeal for the scheme to be altered. The rules should be changed to allow the redundant apprentices continue their training. The State should in some way subsidise employers to keep those young people on their books and in all instances keep the training going so that the young apprentices would be in a position to go abroad with their qualifications, if they so wish. Many wish to go to Australia and if they had qualifications, they would get a job. However, if they go half-baked, they will not get one. It is important that the necessary subsidies or resources are provided to employers to retain apprentices so that they can finish their training. Another aspect to this matter is that the strict rules of the system must change. Back in the early 1990s, the then Minister, Deputy Ruairı´ Quinn, and I brought in the new apprenticeship system which worked well in times of plenty. However, in times of downturn, it is not working because the young guy or girl is put out of his or her training and made redundant with nowhere to turn. I rest my case.

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Jimmy Devins): The House will be well aware that the construction sector has continued to experience a reduction in the level of activity in 2008 compared to previous years. In the recent past, there has been a consequential reduction in the level of employment in the sector. 257 Leaving Certificate 2 December 2008. Technology Programme

[Deputy Jimmy Devins.]

The level of recruitment of apprentices by employers is also at a lower level — some 44% lower than in 2007 — and there has been an increase in the number of apprentices notified to FA´ S as redundant. The current apprenticeship population is 26,479. Of these, 2,859 are recorded as redundant on foot of notification to FA´ S. In response to these trends the Ta´naiste and the Department of Enterprise, Trade and Employment have been working with FA´ S to put in place a number of measures in an effort to address the problems now confronting redundant apprentices, and especially those in the construction trades. The measures developed to date will alleviate the situation and include the following. Through its employment services offices, FA´ S is providing individual supports to redundant apprentices in their efforts to get work that will allow them to complete their apprenticeship with an approved employer. In the absence of options for workplace experience, redundant apprentices are also now being scheduled early for their off-the-job training phase in the edu- cation sector. This means that they do not need to do their on-the-job phase and can go directly to the next off-the-job phase. Accordingly, there are currently 123 redundant apprentices attending phase 2 and 316 are attending phases 4 and 6. FA´ S has scheduled another 505 redun- dant apprentices to attend their off-the-job training phase over the next number of weeks. Working with FA´ S and other interests, the Ta´naiste is in the process of finalising another initiative that should be of material benefit to apprentices in construction trades. The key objective will be to assist such apprentices to complete their in-work training and assessment with employers so that they can move forward in their apprenticeships. The scheme, the full details of which will be announced in the near future, will involve incentives for qualified employers to take on such apprentices over the next 12 months. We are hopeful that in the order of 500 apprentices can be helped in this way. FA´ S is also looking at the advantages that EU sponsored programmes that facilitate mobility for workers and apprentices can offer. In line with the thrust of these programmes, there are possibilities for temporary placements abroad that could be of real benefit to redundant apprentices. Separately, we will explore what other positive options might be available to assist our redundant apprentices in the short to medium term. FA´ S is responding quickly and with flexibility to the challenge of redundant apprentices and there will be a significant announcement on this in the near future.

Leaving Certificate Technology Programme. Deputy Mary Upton: I thank the Ceann Comhairle for the opportunity to raise this matter. Drimnagh Castle secondary school in Walkinstown is one of the most highly regarded schools in the city of Dublin. It is also one of a small number of schools which undertook to provide the leaving certificate technology programme on a pilot basis as part of the leaving certificate programme. Technology was a hugely popular subject for junior certificate and five classes were taking it in that school at junior certificate level. When it became an option for the leaving certificate, the school was pleased to be able to offer it to the students. Some 24 students were accepted for the subject in fifth year from a total of 40 applicants. They were literally queuing up to get on to the course but the school felt it could only provide for a class of 24 students. Funding was approved to purchase appropriate equipment and materials to run the course adequately. The first phase of this agreed funding was delivered to the school — so far, so good — but the school should have received the second phase at the beginning of the academic year and it is still waiting for that money to come through. The lack of funding is making it difficult for the school to proceed with confidence with the course. 258 Leaving Certificate 2 December 2008. Technology Programme

As it stands, the school is officially only able to provide the equipment to teach at junior certificate level because of the lack of the additional funding that it requires. It is most unfair to the students who are taking this as a leaving certificate subject. Presumably they are depending on the subject for points in their leaving certificate and they are entitled to expect that the full service will be in place for them. In the absence of appropriate funding, the school believes it will be more difficult to deliver the course to the standard expected and to give a fair chance to the students. Drimnagh Castle is one of the most highly regarded schools in Dublin. It delivers quality teaching to its students and has an excellent academic record. However, without the agreed funding for second phase, it will be extremely difficult to continue its popular technology prog- ramme. That would seem to be an incredible waste of resources and effort. The school needs to know when the second phase will be in place. I understand that a further 15 schools are in the same situation. Every time we speak in this House about development, we refer to the need to promote and support science and technology. We have put huge efforts into encouraging students to take these subjects. We now have a situation in which students are queuing to get onto a technology course but the resources are not being put in place so that the school can guarantee the quality of teaching they have a right to expect. I ask that the second phase of funding be delivered as agreed and without further delay.

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): I thank Deputy Upton for raising this matter as it provides me with the opportunity to outline to the House the position with regard to the introduction of the leaving certificate technology programme in post-primary schools. The National Council for Curriculum and Assessment has developed a new syllabus at leaving certificate level for technology. Previously, this subject was only available to junior certificate level. The subject was first introduced in a number of selected post-primary schools in September 2007 and will be examined for the first time by the State Examinations Commission in June 2009. A technology subjects support service has been established to support schools in the imple- mentation of the new syllabus. The national co-ordinator is supported by a team of assistant national co-ordinators, regional development officers and associate trainers. The introduction of this syllabus is a welcome development and will be an important element for students taking the subject to leaving certificate level. Fifteen additional schools were invited to introduce the leaving certificate technology sylla- bus in September 2008 as part of a phased implementation plan. Drimnagh Castle secondary school was one of these 15 schools. The Minister for Education and Science, Deputy Batt O’Keeffe, appreciates that the school is keen to get the funding it needs to allow the full syllabus to be introduced without delay. The implementation of a new subject in the school curriculum requires careful planning and consideration. However, as the Deputy will appreci- ate, any such expansion in the curriculum can only be carried out in the context of available funding. The Minister is pleased to confirm that the Department was recently in a position to grant aid the second phase of the introduction of leaving certificate technology to support the 15 schools which have introduced this subject. This will allow the schools to teach this subject to students who wish to develop their skills in this very important and developing area. Drim- nagh Castle secondary school was among the schools to receive this grant aid and the Minister looks forward to the students in the school being able to pursue the syllabus to leaving certifi- cate level. Once again I thank the Deputy for providing me with the opportunity to address the House on this matter and to give her some good news.

Deputy Mary Upton: I thank the Minister of State for the good news. 259 School 2 December 2008. Staffing

Deputy John O’Mahony: It is scarce this weather.

Deputy Sea´n Haughey: There is no more tonight, I am afraid.

School Staffing. Deputy Ulick Burke: I thank the Ceann Comhairle for the opportunity to raise this important issue. Woodford Mercy College has developed a high standard in education at second level. However, the cutbacks introduced in the budget will have a severe impact on the delivery of its educational programmes. For the past several years, this school has had disadvantaged status but, as a consequence of the cutbacks, it will lose 3.81 teachers. That represents a severe blow to a school with a staff of 24 teachers. The cuts to the school’s funding will total more than \20,000 per annum. As the school’s intake dipped slightly for the academic year 2007-08, it faces the loss of an additional 1.8 teachers. In total, the school will lose 5.4 teachers. Despite building up a strong reputation, the school experienced problems last year in retain- ing its home-school liaison teacher. The Department ultimately agreed to fund this teacher but the money is now gone. Some 30 of the school’s 230 students receive individual support for special needs of one kind or another. When the Minister for Education and Science recently addressed the Joint Committee on Education and Science, he agreed to give special attention to schools which are experiencing serious hardships as a result of the cutbacks. The school will lose a book grant worth \5,140, a transition year grant of \3,500, an LCA grant worth \1,431, an enhanced capitation grant of \8,493, a special subjects grant worth \1,417 and a home economics grant worth \4,119, for a total of more than \20,000. This school has developed various fundraising activities in order to maintain its quality of education but this is a step too far. The Minister should give his attention to the serious crisis the school will face from September 2009. Like other schools, substitute teaching will become a serious problem for this school from January. The school’s teachers have gone to tremendous efforts to develop debating and dra- matic activities. Despite coming from a small rural school, the students and teachers have excelled in these areas. The school is located in a CLA´ R area. I cannot express the serious consequences the loss of 5.4 teachers would bring. The school will not be able to perform at the levels it achieved in the past nor will it be able to give a fair chance to students who want to attend third level education. In view of this I repeat my plea to request the Minister for Education and Science, Deputy Batt O’Keeffe, to re-examine this case because the school has lost its disadvantaged status. There is a blip in the numbers this year and the school will suffer severely as a consequence. No Minister or Government should allow this to take effect from January and leading to the academic year beginning in September 2009.

Deputy Sea´n Haughey: I am pleased to have the opportunity to address the House on the school referred to by the Deputy. Notwithstanding the increase of \302 million in the education budget for 2009, which is a real achievement in the current economic climate, a number of tough and difficult decisions had to be taken. The 2009 budget required difficult choices to be made across all areas of public expenditure and decisions were made in order to control expen- diture and ensure sustainability in the long term. In this respect, education, while protected to a much greater extent than most other areas of public expenditure, could not be entirely spared, and the Minister, Deputy Batt O’Keeffe, acknowledges the impact of funding restrictions in a number of areas, including at school level. However, these are the inevitable result of the challenging economic environment and the need to manage Exchequer resources prudently. DEIS, the action plan for educational inclusion, provides for a standardised system for identi- fying levels of disadvantage and an integrated school support programme. DEIS brings together and builds upon a number of existing interventions in schools with concentrated levels of disad- 260 School 2 December 2008. Staffing vantage. The process of identifying schools for participation in DEIS was managed by the educational research centre on behalf of the Department of Education and Science and sup- ported by quality assurance work co-ordinated through the Department’s regional offices and the inspectorate. Mercy College is among the schools that were judged by an independent identification pro- cess in 2005 not to have a sufficient level of disadvantage among their pupils to warrant their inclusion in DEIS. A review mechanism was put in place to address the concerns of schools that did not qualify for inclusion in DEIS but regarded themselves as having a level of disadvan- tage which was of a scale sufficient to warrant their inclusion in the programme.

Deputy Ulick Burke: There are 30 students requiring special needs support out of 230.

Deputy Sea´n Haughey: The review process operated under the direction of an independent person, charged with ensuring that all relevant identification processes and procedures were properly followed in the case of schools applying for a review. Mercy College applied for review but was not successful. The main focus of social inclusion measures will be to retain resources in DEIS schools. There is a need to target resources on those schools that are most need and this approach is in line with the broad thrust of the recommendations of the Comptroller and Auditor General, which are set out in his report on primary disadvantage 2006, which recommended that the Department should focus its educational disadvantage measures on those schools serving the most disadvantaged communities. Over 70 post-primary schools that were not identified for inclusion in DEIS retained resources, both teaching posts and financial, under pre-existing schemes and programmes for addressing educational disadvantage. When DEIS was introduced, it was intended that as a concessionary measure to these schools, they would retain a level of support for the duration of the current DEIS initiative up until the end of the 2009 and 2010 school year. While it is appreciated that the discontinuation of these resources will impact on these schools, including Mercy College, given the current challenging economic climate, difficult decisions had to be made in order to contain public sector spending. One of these decisions was to advance the withdrawal of such supports from non-DEIS schools to the beginning of the next school year. Other decisions included increasing the pupil-teacher ratio across all second-level schools from 18:1 to 19:1. In the case of fee-charging post-primary schools, there will be an additional one-point adjustment to 20:1. Taken in combination, the impact of the staffing schedule changes, withdrawal of historic DEIS posts and language support weighed off against increases expected in the numbers of teachers for demographics and resource teachers for special needs will mean an overall net reduction of 200 posts at second level. This is less than 1% of the overall number of teaching posts in second level schools currently. Measured against the overall payroll target reduction across the public sector it demonstrates the Government’s desire to protect front-line staff in schools to the greatest extent possible. As the processing of the September 2008 enrolment returns for post-primary schools are not yet finalised, it is not possible at this time to outline to the House the impact these changes will have on the allocation of mainstream teaching posts for the 2009 and 2010 school year for the school in question. The staffing schedule for that school year will issue to all schools as soon as possible, and at that time, a more accurate indication of the mainstream staffing levels will be available. The allocation processes include appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. This is particularly relevant at post-primary level where the appellate process considers in particular any specific curricular 261 School 2 December 2008. Staffing

[Deputy Sea´n Haughey.] needs of the school concerned. At post-primary there is no effective system-wide redeployment scheme at present and this can mean that schools retain teachers, although over quota. In addition, discrete allocations are made to post-primary schools — for example, to cater for pupils with special educational needs and those with language difficulties — and these allo- cations can also alter the ultimate position of the school with regard to any over-quota position. The Department of Education and Science is aware of funding pressures on schools. However, progress has been made in recent years that has seen the post-primary school capit- ation grant increased by \15 per pupil, and it now amounts to \331 per pupil. In addition, voluntary secondary schools have benefited by the increase of \15 per pupil in \ 9 o’clock 2008 in the support services grant, bringing that grant to 204 per pupil. The cumulative increase of \30 per pupil in a voluntary secondary school brings the aggregate grant to \535 per pupil. These grants are in addition to the per capita funding of up to \40,000 per school that is also provided by the Department to secondary schools towards secretarial and caretaking services. Budget allocations for schools in the community and comprehensive school sector, along with those in the VEC sector, are increased on a pro rata basis with increases in the per capita grant. All schools are eligible for recurrent per capita grants towards special classes and curricu- lar support grants. The funding mechanisms in place afford schools considerable flexibility in the use of their resources to cater for the needs of their pupils. The Minister, Deputy Batt O’Keeffe, appreci- ates that the abolition of a number of grants for some schools will impact on funding levels in 2009 but it is also the case that enhanced levels of funding announced in the budget for the capitation and ancillary services grants will help to alleviate the impact of this. I thank the Deputy for providing me with the opportunity to address the House on this matter and to outline the current position.

Deputy Ulick Burke: Will the Minister re-examine the matter?

Deputy John O’Mahony: I thank the Ceann Comhairle for selecting this matter — the plight of Craggagh, Killawalla and Tooreen national schools — for discussion. This is a representation of the small rural primary schools in my constituency that will be dramatically affected if the class sizes are increased, as stated in the recent budget. I could mention others, such as Bon- niconlon, Attymass, Lahardaun, Carn, Murrisk, Breaffy and Ballina Rehins, but I want to concentrate on Craggagh, Killawalla and Tooreen for now. Craggagh and Killawalla national schools provide a wonderful education in their rural com- munity, where the children are being taught in classes of a manageable size. They had 48 children on the rolls in September 2008, which would allow them to keep their third teacher in 2009. The projected numbers will increase to over 50 in September 2009. As the staffing levels for September 2009 are based on the September 2008 figures, they will lose their third teacher, although they had the required number of students for three teachers on both dates. The problem arises because staffing levels for September 2009 are based on the figures for 2008. Surely some flexibility can be shown in these schools because of the dramatic effects involved. I am talking about the fact that one third of the staff will lose their jobs and, in addition, there will be four classes in each classroom. The public may think that the pupil-teacher ratio is being increased by one, but in these schools the class size will increase in each case by ten pupils. If a teacher is absent due to the removal of substitution at short notice, one teacher would teach more than 50 students in a classroom. One can imagine the effect of a 12-teacher school losing four teachers or a nine-teacher school losing three teachers — it would cause mayhem. 262 School 2 December 2008. Staffing

In the cases I have cited, however, only one teacher is being lost, but people forget that rep- resents one third of the staffing levels. St. Brigid’s national school in Tooreen, County Mayo, will have increased numbers in 2009 as well. The school will be unable to appoint a fourth mainstream teacher because staffing levels are based on 2008 figures. The situation is exactly the same as the other schools, except that in this case it concerns a fourth teacher. The net result on the ground in Tooreen is that 32 children will be in one classroom and 28 in another. This will make it impossible to cater for the individual needs of all children in the classroom, or to implement the new curriculum effectively. To give an example, I was contacted by a parent in Tooreen school whose six-year-old son has been diagnosed with special needs. From September 2009, he will be in a class of 32 children if something is not done. At the moment he is making good progress in the smaller class, but one can imagine how his progress will suffer with the bigger numbers. A little flexibility would make a huge difference in Craggagh, Killawalla and Tooreen schools. On “Questions and Answers” last night, the Minister, Deputy Batt O’Keeffe, said that no school in DEIS areas will lose a teacher. Was he talking about DEIS schools in urban areas, because rural DEIS schools get no staffing concessions? I would like the Minister of State to clarify that point in his reply. Even if it were true for rural areas, which I doubt, it would not provide the flexibility for non-DE´ IS schools, some of which are also affected. I appeal to the Minister to re-examine the special situation pertaining to small rural primary schools. I ask him to find out how many schools and teaching positions it would affect. I think it would only be a small number across the country. If the Minister could examine those numbers nationwide the solution would not amount to a major investment, but it would make an enor- mous difference to the delivery of a quality education system in small rural schools.

Deputy Sea´n Haughey: I thank the Deputy for raising this issue as it provides me with an opportunity to outline the position to the House the position. The priority this Government and previous Fianna Fa´il-led Governments attach to providing for quality education is evident in the budget allocations to my Department since 1997. This year alone, the Government allocated more than \9.3 billion. The continued prioritisation of education over the past 11 years has reversed the historic under-investment in areas such as school facilities, services for children with special needs and those in disadvantaged areas. The 2009 budget required difficult choices to be made across all areas of public expenditure. These decisions were made to control public expenditure and ensure sustainability in the long run. In this respect education could not be totally spared, while it is protected to a much greater extent than most other areas of public expenditure. The various impacts at school level were included in the budget day announcements. Even with the budget measures in place, there will still be a significantly increased borrowing requirement in 2009. When the country was able to afford it, the Government reduced the basis on which primary teachers were allocated to schools, based on an average number of pupils per teacher, from 35 to 27 pupils. The change to a new average of 28 pupils per teacher must be viewed in that context. Significant additional support went into schools, particularly in the area of special education. The Government also reduced class sizes for the most disadvantaged in our DEIS schools to an average of one teacher for every 20 pupils in junior classes and an average of one teacher for every 24 pupils in senior classes. These will not change in 2009. When one adds up all the teachers in the system, there is one teacher for every 16 pupils in our primary schools. 263 The 2 December 2008. Adjournment

Deputy John O’Mahony: That is no good to these schools.

Deputy Sea´n Haughey: It will be necessary in the more testing economic climate ahead for us to continue to target and prioritise our resources to maximum effect for everyone. While teacher numbers are important, numerous influential reports have highlighted the fact that teacher quality is the single most important factor — far above anything else — in improving educational outcomes for children. Ensuring high quality teaching and learning is a challenge. Dealing with factors that inhibit it, represents a challenge for the Government, the Department, school management and the teacher unions. The Department of Education and Science will advise individual schools in the normal way on their staffing allocation. The preparatory work for this has commenced with the processing of enrolment data that has been received from schools. The staffing allocation processes, includ- ing notification to schools, will commence early in the new year. The allocation process includes appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. In addition to mainstream classroom teachers, the Department also allocates teaching resources to schools for special needs and language support. The final allocation to a school is also a function of the operation of the redeployment panels, which provides for the retention of a teacher in an existing school if a new post is not available within the agreed terms of the scheme. The Minister, Deputy Batt O’Keeffe, has no difficulty in setting out for this House or for the public generally the overall changes on aggregate teacher numbers in schools for the 2009- 10 school year. The Minister will do this when the allocation processes have been completed. Furthermore, the staffing schedule will be published and it is a transparent way of ensuring that schools are treated consistently and fairly, and know where they stand. At this time, the priority for the Department, within the resources available to it, is to carry out those processes in a timely manner. Diverting resources to create staffing profiles for the individual schools requested by the Deputy, information which at this time would only be speculative, could not be justified and would impede the process. The Minister is confident that as the global economy improves it will be possible to build again on the significant achievements of recent years and do so in a manner consistent with overall prudent management of the economy. As the full extent of the global crisis seeps into public consciousness, the Minister believes there will be general acceptance that taking difficult decisions now to secure future economic prosperity and secure employment is the first impera- tive for the Government. Once again, I thank the Deputy for providing me with the opportunity to address the House on this matter and to outline the current position in these cases.

Deputy John O’Mahony: That is no good for these children.

The Da´il adjourned at 9.10 p.m. until 10.30 a.m. on Wednesday, 3 December 2008.

264 Questions— 2 December 2008. Written Answers

Written Answers.

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

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Questions Nos. 1 to 10, inclusive, answered orally.

Questions Nos. 11 to 71, inclusive, resubmitted.

Questions Nos. 72 to 78, inclusive, answered orally.

Departmental Programmes. 79. Deputy James Bannon asked the Minister for Communications, Energy and Natural Resources the progress made to the roll out smart metering in homes and business across the country; and if he will make a statement on the matter. [43659/08]

89. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources the progress made in the pilot scheme for smart electronic metres; the initial time- frame given for delivery of the pilot scheme; the number of people approached to take part in the pilot scheme; the number of people who agreed to take part in the pilot scheme; when the pilot scheme will be completed; the cost of the pilot scheme; the projected total cost of the overall scheme; and if he will make a statement on the matter. [43615/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to take Questions Nos. 79 and 89 together. The rollout of a national smart meter programme is progressing in line with the commitment in the Government’s Energy Policy Framework and in the Programme for Government. The Smart Meter programme is a central component of the strategy to significantly enhance man- agement of energy demand and to achieve greater energy efficiency through the use of cutting- edge technology. The pilot phase, the electricity element of which is being led by ESB, will critically inform the launch of a national scheme. This is a highly complex technological project and the trials are essential to ensure that we have the right technology and systems for the full rollout. The pilot phase encompasses two strands — a technology trial, which is testing a number of advanced metering systems and their associated IT and communications infrastructure — and 265 Questions— 2 December 2008. Written Answers

[Deputy Eamon Ryan.] a customer behaviour trial, which will determine the potential of smart meters to achieve measurable change in consumer behaviour. The technology trial will look at meter functionality and supporting information and communications systems. There are many challenges involved in developing a metering system for Ireland that will reflect the dispersed nature of our population and, as a result, by extension, the electricity network. This trial will involve the installation of 15,000 meters. Installation of meters for the pilot phase is under way and is expected to be completed by mid 2009. Testing the capability of advanced meters to distinguish between the import and export of electricity will also form a key part of the technology trial. This will facilitate the development of microgeneration where consumers generate their own electricity and sell their surplus back to the grid. Participants for the customer behaviour trial are being selected to ensure that the sample is representative of Ireland’s electricity consumers both in terms of usage profiles and geographi- cal spread. Invitations to participate in the trial are being issued on a phased basis with 8000 letters of invitation issued thus far. To date the response has been very positive with 36% of electricity customers contacted expressing an interest in participating. The number of partici- pants needed for the electricity customer behaviour trial is 6,000. The incorporation of gas customers into the pilot phase is being progressed. The pilot phase overall was launched on 15 September and will last eighteen months in total. This will facilitate the introduction of smart metering initiatives and resulting electricity consumption behavioural changes measured. It is important to have a trial lasting a full year so that seasonal changes in usage are captured for peak demand management purposes. The results of the pilot will inform the timing of a national roll out. The pilot phase is expected to be completed at end December 2010 and the outcome should be a fully informed decision on the most suitable model of smart meter(s)/IT system(s), tariffing structure, communications system and demand stimuli, all of which works effectively and has the capability to deliver the anticipated benefits of smart metering in the Irish market. The costs of the pilot to end 2008 will be approximately \6m in total. As part of the prep- aration for the ‘go live’ of the pilot, the Commission for Energy Regulation (CER) is currently considering submissions from ESBN, ESBCS, SEI, BGN and industry participants on the budget for the entire pilot phase. The cost of a national rollout will be quantified when the pilot phase has been completed and the preferred metering system capable of delivering the level of functionality required for smart metering in the Irish market has been selected.

Energy Prices. 80. Deputy John Deasy asked the Minister for Communications, Energy and Natural Resources his views on instructing the energy regulator to set a price ceiling for electricity and gas instead of an absolute price in order to encourage cheaper gas and electricity; and if he will make a statement on the matter. [43687/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The regulation of ESB electricity tariffs and Bord Ga´is E´ ireann (BGE´ ) gas tariffs is the statutory responsibility of the Commission for Energy Regulation (CER). I also note that the CER made the decision to end tariff regulation for large electricity users in September 2006. It concluded that there is a sufficient level of generation capacity in the upper end of the market to allow customers to receive offers of a competitively priced supply 266 Questions— 2 December 2008. Written Answers of electricity. As a result, the vast majority of large industrial and commercial electricity customers are currently supplied by independent suppliers and companies and are free to nego- tiate alternative supply offers with the alternative suppliers in the marketplace. In regard to those areas of the market which remain subject to price regulation, residential and small business customers supplied by the ESB, the legislation is not prescriptive in terms of the methodology to be used by the CER in reaching its decisions. The legislation does not preclude any particular approach. The CER is required to examine the costs underlying the regulated tariffs to ensure they are cost reflective. I note yesterday’s announcement by the CER of its Phase 2 decision on ESB and BGE´ tariffs for 2009, which is reflective of recent softening in international wholesale prices for gas and . I also note the substantial rebate being provided by ESB to all electricity customers, which helped mitigate the need for a tariff increase. The two phase approach to tariff regulation adopted by the CER this year has been prudent in terms of minimising the impact of volatile international fuel prices for energy consumers in Ireland. Flexibility is clearly important in addressing our energy costs, which are a key challenge for the competitiveness of the economy. I therefore welcome the CER’s intention to review tariffs and tariff methodologies next year, in light of global trends in fuel prices and all other relevant factors.

Departmental Expenditure. 81. Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources the cost of maintaining the Power of One and the Change websites; his views on the merit of merging the two websites to reduce costs; and if he will make a statement on the matter. [43620/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Power of One electronic campaign consists of a suite of three complementary websites — PowerOfOne.ie, PowerOfOneStreet.ie and PowerOfOneAtWork.ie — each targeting a specific segment of society. In 2008, \220,000 has been spent on developing and maintaining the websites. My colleague, the Minister for Environment, Heritage and Local Government, has informed me that \450,000 has been spent on developing and maintaining the Change.ie website in 2008, which has included extensive scientific and technical design for its core element — the carbon calculator and database. The websites for both Power of One and Change act as the central informational portal for each campaign. All media activity, including TV, radio, outdoor and press are used to drive traffic to the sites. To date, the Power of One campaign has had over 700,000 page impressions and earlier this year received an eGovernment Award in recognition of excellence illustrated in the marketing of ICT based services. Visitors to the site can:

• Use the new energy calculator which demonstrates how much energy and money can be saved by making simple changes.

• Take an interactive energy survey which helps to identify key areas where energy can be saved.

• Watch all Power of One TV ads and specific energy efficiency videos that provide advice on how best to reduce energy use. 267 Questions— 2 December 2008. Written Answers

[Deputy Eamon Ryan.]

• Download or request information packs and posters, of which 60,000 have already been distributed to consumers across the country.

The Change website is an innovative vehicle for raising public awareness of climate change, its causes, impacts and implications for Ireland as well as to drive significant behavioural change to reduce and avoid greenhouse gas emissions in how we live, work and travel. Since the carbon calculator was launched as part of the development of the website on 5 May 2008, almost 90,000 people have calculated their carbon count number. Users are directed to the Power of One site where they can then find ideas, which help to reduce their carbon number. The remit of the Change campaign covers a broad spectrum of transport, waste, water, energy, biodiversity and planning across the agriculture, transport, construction, tourism, busi- ness, industry and the public sector. Officials from my Department and Sustainable Energy Ireland (SEI) are members of an inter-Departmental steering committee which ensures that there is no duplication of activities and that synergies between campaigns are maximised. Sig- nificant synergies have been achieved in 2008. Both campaigns have worked closely to link the concepts of energy efficiency, carbon reduction and monetary savings, and have recently run joint mass media campaigns on TV, radio, press and online to promote energy efficient heating, appliance purchase and usage. In combining the carbon reduction, energy saving and monetary saving messages, consumers are presented with holistic energy and environmental advice and guidance. A key component of these recent media campaigns has been the use of families that have clearly demonstrated how easy it is to make simple changes that translate into significant financial and carbon emis- sion savings. My Department has today received the latest campaign survey results and the results will be published next week. I am informed that 82% of people agree that it makes sense to combine the energy saving, monetary saving and carbon saving messages. Officials from my Department, the Department of the Environment, Heritage and Local Government, and SEI are currently analysing the potential to further align and merge other elements of the campaigns.

Windfall Profits. 82. Deputy Dan Neville asked the Minister for Communications, Energy and Natural Resources his views in terms of whether or not windfall profits earned by energy companies, due to the price of carbon being factored into the price of electricity, should be recouped to the Exchequer; and if he will make a statement on the matter. [43724/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Single Electricity Market Committee, which is statutorily responsible for the operation of the all-island electricity market on the island of Ireland, have determined that all electricity gener- ators must include the full opportunity cost of carbon when bidding into the gross mandatory pool of the Single Electricity Market. This raises the wholesale cost of electricity and gives rise to the windfall profits being earned by electricity generators. In deciding on the level of regulated electricity price increase effective from 1 January 2009, the Commission for Energy Regulation (CER) announced that they have agreed with the ESB that the latter will provide a significant rebate to electricity consumers in 2009. This rebate will be applicable to all electricity customers irrespective of their supplier. This rebate has a value 268 Questions— 2 December 2008. Written Answers of approximately 9.5% of the cost of electricity. It will mitigate the need for a price increase and largely address the issue of windfall gains earned by ESB in 2009. My Department, in conjunction with the CER, will be examining options to address in the future, any windfall gains that might arise for electricity generators while they continue to receive free carbon permit allocations. More generally I would point out that the emissions trading system established by the Euro- pean Union, is the cornerstone of our climate change response and will be the basis of any subsequent international responses to climate change. This system currently allows for the free allocations of 90% of carbon credits in the electricity generation area. My personal view is that the allocation of carbon credits, which is the basis for trading, should be done by auction rather than free allocation. I note that the European Commission is now proposing that post 2012 all carbon permits will be bought on the open market and producers can compete on the basis of carbon costs. This will eliminate any windfall gains for electricity producers and promote competition between generators as to who can produce electricity using the least carbon. In my view this is a welcome development which will be good for the environment and good for the consumer.

Telecommunications Services. 83. Deputy Frank Feighan asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 114 of 29 October 2008 if he has the recom- mendations from the working group; if so, if he will provide details of same; and if he will make a statement on the matter. [43698/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pub- lished a consultation paper on Next Generation Broadband in July 2008. The introduction of a regulation to require the installation of open access fibre connection in new premises, where practicable, was one of the proposed policy actions. Fibre has been deployed in a number of residential developments but they are proprietary systems. I am interested in putting open access networks in place. The working group referred to by the Deputy is one I have set up to examine a range of practical issues that need to be addressed before a regulation can be put into effect. The group comprises of officials from the Department of the Environment, Heritage and Local Government, ComReg and my own Department. These issues are quite complex and span legal, financial, technical and regulatory matters. For example they include the technical specifications and standards that will be required by the industry for open access fibre, ownership, maintenance and cost implications and whether universal application is practicable. The installation of open access fibre in new premises is an innovative proposal and some of the issues have not had to be considered in Ireland before. They will take some time to work through but I can assure the Deputy that the group is addressing them as a matter of urgency.

84. Deputy Tom Hayes asked the Minister for Communications, Energy and Natural Resources when he expects to publish a report into the recommendations of the International Broadband Advisory Forum; and if he will make a statement on the matter. [43706/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The International Advisory Forum met on the 26th and 27th February 2008 to advise me on the optimum role for Government in the development of Next Generation Broadband in Ireland. 269 Questions— 2 December 2008. Written Answers

[Deputy Eamon Ryan.]

The members of this forum brought a diverse range of knowledge and experience from around the world and critiqued a draft policy paper on Next Generation Broadband, which was prepared by my Department. The insight and views of the Advisory Forum were considered in the context of the preparation of the policy paper on Next Generation Broadband which was published in July 2008 for public consultation. A separate one-day Forum on the draft policy paper was held on the 30th September, this year. This brought together representatives from the Telecoms and Broadcasting industries, policy makers and broadband users to discuss options on the optimal role of Government in the development of Next Generation Broadband in Ireland. In addition, an online consultation process was conducted. The consultation period has now ended for receipt of written sub- missions. My Department is considering these and the results from the one-day Forum. I intend to publish a final report before the end of the year.

Departmental Expenditure. 85. Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources the amount his Department has spent on consultants, forums, working groups and consultation documents in 2008; and if he will make a statement on the matter. [43720/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The expenditure on consultancy in my Department to date in 2008 amounts to \6,921,989. This amount includes major spends of \1.4m in respect of the Power of One Energy Efficiency advertising campaign and \765k in respect of the procurement process for the National Broad- band Scheme. As with all Departments the 2009 allocation for consultancies in my Department has been greatly reduced. In the case of the A7 subhead which relates fully to consultancy services this reduction is 38%. The accounting records within the Department are not held in a manner which would facili- tate the ready availability of the other data as categorised in the Deputy’s question but the amount involved would not be significant. If the Deputy has an interest in a specific case or cases I will make the appropriate enquiries.

Telecommunications Services. 86. Deputy Enda Kenny asked the Minister for Communications, Energy and Natural Resources further to a previous parliamentary question the progress made on the provision of access to ducting to improve infrastructure here; and if he will make a statement on the matter. [43712/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The consultation paper on Next Generation Broadband committed to providing access by private operators to public sector broadband assets. In particular access will be facilitated to ducting that already exists along publicly owned infrastructure, which could be used to provide back- haul connections. While the private sector has the primary role in investing in telecommunications infrastruc- ture, it makes sense to utilise State infrastructure assets to facilitate broadband connectivity on commercial terms, particularly where there may be market failure. The consultation process has indicated a largely positive response to this particular initiative, by the commercial and semi-State sector. 270 Questions— 2 December 2008. Written Answers

In identifying relevant State assets, which can be used for ducting and laying fibre, my officials have met with a number of State agencies, mainly in the electricity, gas and transport sectors to examine how best their assets can be accessed. A number of practical issues have been identified by the agencies which must be addressed. My Department and the agencies are committed to working out how best such issues can be addressed quickly and ensuring that the interests of the agencies and the telecommunications industry are balanced. My Department is progressing this work as a matter of urgency. I am determined that there will be tangible progress on this initiative in 2009.

Postal Services. 87. Deputy Eamon Gilmore asked the Minister for Communications, Energy and Natural Resources if he will publish details of the cost benefit analysis on the introduction of post codes; the initial cost and the ongoing cost of this project; the amount of this which will be financed by the taxpayer; when he expects to bring a further proposal to Cabinet in relation to the introduction of postcodes; and if he will make a statement on the matter. [43617/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Fol- lowing the Government decision in May 2007 that further evidence and evaluation was required of the monetary benefits that would arise from the implementation of a national postcode, my Department recruited consultants to assist with an additional study on the costs and benefits of the postcode system, as they would relate to the public sector. The consultants have recently submitted their report to my Department. The report is currently being assessed by my officials with a view to progressing the project and when complete, I will make a decision on how best to take the proposal forward. In this regard I fully accept that a postcode system can deliver economic and social benefits, assist with the future development of competition in the postal sector and assist with the efficient, effective and innovative delivery of certain public services. It is therefore my intention to bring a further proposal to Government in relation to the introduction of postcodes. The National Postcode Project Board, in presenting its report on a national postcode system in July 2006, estimated that the cost of implementing and promoting a national postcode system would require approximately \15 million of Exchequer funding. There has been no significant revision of this figure in the new report, although the eventual cost cannot be determined until a licence holder, who will be responsible for developing, communicating and maintaining the postcode system, has been selected through a competitive process. The annual maintenance costs for the postcode management licence holder have been esti- mated as amounting to approximately \2.5m and it is expected that those ongoing costs will be met by income generated by the eventual licence holder. The recent supplemental report on postcodes found that significant financial benefits would accrue in the public sector if the pro- posed national postcode is introduced. The financial benefits identified in the public bodies consulted amounted to approximately \22m in net present value terms and the report also finds that there is likely to be a range of benefits, which public sector bodies cannot at this stage quantify but concludes that there is still a strong basis for a national postcode in Ireland.

Alternative Energy Projects. 88. Deputy Noel J. Coonan asked the Minister for Communications, Energy and Natural Resources the timeframe under which he expects to see commercial energy generation coming 271 Questions— 2 December 2008. Written Answers

[Deputy Noel J. Coonan.] from wave energy projects onto the national grid; and if he will make a statement on the matter. [43677/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Earlier this year I launched the Ocean Energy Initiative to ensure Ireland is well positioned in the development of ocean energy technologies. Ireland’s ocean energy resource offers significant potential to become a key contributor to the development of our renewable energy capacity. The programme includes:

• The establishment of the Ocean Energy Development Unit based in Sustainable Energy Ireland to oversee the programme and ensure coordinated delivery of all programme elements;

• The creation of a state-of-the-art National Ocean Energy facility in University College Cork to support scale model development;

• The development of a grid-connected wave energy test site off the west coast to support the next generation of research models;

•A\2 million Ocean Energy Prototype Fund and

• The introduction of a new feed-in-tariff under the REFIT scheme for wave energy of \220 per Megawatt Hour.

The ocean energy sector, which includes a variety of technological applications, is moving progressively from early stage tank and model testing to scale testing in sea environments with several prototypes already being tested in our existing Galway Bay test site. A small number of wave and tidal energy-capture technologies are being tested in open- ocean environments internationally. This is frontier technology, which must be able to operate over long periods with a high degree of reliability in an extremely hostile and changeable environment. It is, of course, difficult to predict with precision when the ongoing research and demon- stration programmes in Ireland and internationally will deliver fully commercial options into the market. Industry estimates are that it may be 3-5 years before fully commercial-scale wave- farm systems are available for deployment anywhere in the world.

Question No. 89 answered with Question No. 79.

Electricity Generation. 90. Deputy Brian Hayes asked the Minister for Communications, Energy and Natural Resources if the consultation process has been completed on the creation of a tariff that would allow micro generation facilities in homes and businesses to sell power back onto the grid; when a conclusion to this matter will be finalised; and if he will make a statement on the matter. [43704/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Renewable Energy Feed In Tariff (REFIT) support scheme operated by my Department sup- ports the construction of new renewable energy powered plants with sufficient generating capa- city, typically at or a multiple of 1 megawatt, to attract market interest from electricity suppliers interested in purchasing the power in commercial quantities. Micro-scale plants, on the other hand, are typically of a much smaller size requiring different solutions. 272 Questions— 2 December 2008. Written Answers

My Department is working closely with the Commission for Energy Regulation (CER) and other stakeholders to put in place in the short term an appropriately structured payment system for micro-generated electricity exported to the grid, which will operate separately from the REFIT mechanism. In addition, Sustainable Energy Ireland (SEI) is implementing a Micro-generation Pilot Prog- ramme, which will conduct research and field trials, including support for between 50 and 60 installations on a pilot basis of micro-scale projects. The field trials will address a range of issues including grid connection and technical standards to ensure the power security, safety and quality of installations. CER/ESB Networks have amended the rules associated with connecting micro-scale plants whereby generators of less than 6kW on single phase cables and 11kW on three phase electricity supply cables can now connect to the grid without prior authorisation. SEI will also shortly publish a guide to connecting renewable and CHP electricity production plants to the electricity network including advice for micro-generators, which will be of assist- ance to those connecting micro scale plant to the network following the changes announced by CER/ESB.

Broadcasting Services. 91. Deputy Emmet Stagg asked the Minister for Communications, Energy and Natural Resources the position regarding arrangements agreed with RTE for the provision of RTE broadcasting in Great Britain; and if he will make a statement on the matter. [43640/08]

102. Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources his views on RTE’s announcement that the promised diaspora channel is to be postponed; and if he will make a statement on the matter. [43621/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to take Questions Nos. 91 and 102 together. Section 3(1)(b) of the Broadcasting Act 2007 requires RTE´ to establish and maintain a television broadcasting service and a sound broadcasting service, which services shall be made available, in so far as the RTE´ Authority considers reasonably practicable, to Irish communities outside of the island of Ireland. RTE´ has reviewed the potential for providing these services over different media, including via the Internet, over radio, over satellite and on the UK Freesat service. RTE´ provides a radio service to Great Britain and Northern Ireland using the long wave radio service. In addition, RTE´ has improved its FM radio service near the border with Northern Ireland in order to improve reception of RTE´ 1 in the Belfast area. Radio coverage is also provided over satellite and over the internet. In relation to the availability of television and radio over the internet, RTE´ has indicated a commitment to continue to enhance the activities and operations of RTE´ online and to provide both television and radio programming. RTE´ has also indicated that if resources permit, it proposes to enhance the service in the course of 2009 through the introduction of an i-player type service which will allow live access to a greater range of programming than is currently available through live streaming. RTE´ has also committed to rolling out an International television service on the UK Freesat network. RTE´ had initially expected that this service would launch at the end of 2008. In September my Department was informed by RTE´ that, due to the rapidly worsening economic conditions and falling advertising revenue, they would need to postpone the launch of the RTE´ International television service by a year. I understand this is one of a number of measures 273 Questions— 2 December 2008. Written Answers

[Deputy Eamon Ryan.] taken by RTE´ in the current economic climate. My Department has written to RTE´ expressing disappointment at the decision while acknowledging the current economic climate. RTE´ has highlighted that this decision may be reviewed if circumstances change significantly in the course of the year.

Electricity Generation. 92. Deputy Damien English asked the Minister for Communications, Energy and Natural Resources the percentage of the energy used in his Department that comes from renewable sources; and if he will make a statement on the matter. [43693/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): 40% of all energy used in my Department is from renewable sources. All of the electricity supplied to my Department’s main buildings at Adelaide Road and Tom Johnson House, Beggars Bush, and the storage facility at Sandyford, is from renewable sources. This results from a contract with a specific supplier negotiated by the Government Supplies Agency under which 100% of electricity supplied is from renewable sources. Under this con- tract 1,920,573 kilowatts of energy was supplied in the buildings mentioned for the period 1st November 2007 to 31st October 2008. Electricity is supplied to the decentralised office in Cavan town by the ESB. This building is not included in the electricity contract as it was not occupied by my Department at the time of contract. 111,056 kilowatts of energy was supplied by the ESB in the period mentioned rep- resenting 2% of all energy used. A portion of this also comes from renewable sources. The energy for heating the Dublin buildings referred to is supplied by Bord Ga´is. For the period mentioned a total of 2,820,320 kilowatts of energy was supplied by An Bord Ga´is or 58% of the total energy consumption. While natural gas is considered a clean fuel it is not renewable energy.

Departmental Expenditure. 93. Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources the number of studies and reviews carried out in his Department in 2007 and to date in 2008; the cost of these studies and reviews; the number which are ongoing; and if he will make a statement on the matter. [43633/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): 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.

Alternative Energy Projects. 94. Deputy David Stanton asked the Minister for Communications, Energy and Natural Resources the percentage of the electricity market made up from sustainable energy sources; if he is working towards the indicative sustainable energy source penetration targets for the electricity market of 13 to 20% for the year 2010 as included in the 2003 consultation document Options for Future Renewable Energy Policy, Targets and Programmes; and if he will make a statement on the matter. [43743/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The share of electricity from renewable energy in 2007, the latest year for which published data is 274 Questions— 2 December 2008. Written Answers available, was 9.4%. This is a significant increase, which more than doubles the contribution from renewable energy sources within a decade from 3.6% in 1997. We also remain on track to deliver the national targets of a 15% contribution from renewable sources to the electricity market by 2010 and 40% by 2020%.

Corrib Gas Terminal. 95. Deputy Pa´draic McCormack asked the Minister for Communications, Energy and Natural Resources the progress of his initiative to facilitate a dialogue between local residents and those proposing to bring gas ashore from the Corrib gas field; and if he will make a statement on the matter. [43713/08]

119. Deputy Kathleen Lynch asked the Minister for Communications, Energy and Natural Resources the position regarding the Corrib gas terminal and the proposed routes; if the pro- posed forum has had its first meeting; and if he will make a statement on the matter. [43635/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to take Questions Nos. 95 and 119 together. On 6th November I, together with the Minister for Community, Rural and Gaelteacht Affairs, announced the establishment of the North West Mayo Forum. The Forum, which is separate from the planning and statutory consent processes, will offer a positive opportunity for furthering the socio-economic development of the North West Mayo region, through a coordinated engagement involving a number of Government Departments and State Bodies, with members of the local community and their public representatives. It will also provide an opportunity for dialogue between all parties with an interest in the Corrib project and help promote understanding of how the project is regulated by providing the local community and their public representatives with an opportunity for a coordinated engagement with the Government Departments and other State Bodies that have a regulatory role in relation to the project. The forum will be chaired by Mr. Joe Brosnan and the first meeting will take place on Friday 5th December in Belmullet, County Mayo. The location of an onshore gas terminal is a matter for the developer who must then obtain the necessary planning permission. I have no statutory role in this regard. In the case of the Corrib Gas Project, the onshore gas terminal at Bellanaboy is currently under construction having been granted planning permission by An Bord Pleana´la under the Planning and Development Acts in October 2004. With regard to the route of the pipeline, in implementing a recommendation made by the State appointed mediator, Mr. Peter Cassells, to route the pipeline away from houses in the Rossport area and, following a route selection process involving several months of public con- sultations, the developer submitted a new application to me for the construction of the Corrib pipeline along a modified onshore route, together with an application for the associated change to the Corrib Plan of Development in April of this year. A decision on each of these will be made in the coming months.

Alternative Energy Projects. 96. Deputy Brian O’Shea asked the Minister for Communications, Energy and Natural Resources the position regarding the development of a grid connected wave energy test site at Annagh-French Point near Belmullet, County Mayo; and if he will make a statement on the matter. [43645/08] 275 Questions— 2 December 2008. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Marine Institute was engaged to survey the sea area during last summer, in preparation for a detailed engineering and technical design for the facility. The final survey requirement, the near shore and landfall for the cable route, will be conducted in the coming weeks. The arrangements for the technical and engineering management for the development of the facility are currently being finalised and work to deliver the facility in 2010 will commence shortly.

Departmental Expenditure. 97. Deputy Fergus O’Dowd asked the Minister for Communications, Energy and Natural Resources if, due to the Taoiseach’s request, he has investigated semi-State bodies under the control of his Department, to ensure they have not abused public funds in relation to expendi- ture on expenses or travel on behalf of their agencies; and if he will make a statement on the matter. [43729/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): As the Deputy will be aware expenditure by the State Agencies on travel and subsistence in relation to the conduct of their business is, subject to application of the various Department of Finance regulations in this area, a day-to-day operational issue and therefore a matter for the Agen- cies themselves. In addition all expenditure by the relevant Agencies is subject to review and scrutiny by the Office of the Comptroller and Auditor General. Pursuant to the request by an Taoiseach, my Department has contacted the relevant State Agencies in relation to ensuring that the use of travel and subsistence budgets within their overall allocations complies with the existing regulations and guidelines.

Alternative Energy Projects. 98. Deputy Joe Carey asked the Minister for Communications, Energy and Natural Resources his views in relation to a proposed peat and bio-fuel energy plant in County Mayo; if he has a problem in principle with the use of peat as a fuel for energy generation in the context of it being part of a bio-fuel energy mix; and if he will make a statement on the matter. [43672/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Government’s policy in relation to energy is set out in the White Paper, “Delivering a Sus- tainable Energy Future for Ireland — The Energy Policy Framework 2007 — 2020”. The three pillars of Government energy policy are security of energy supply, environmental sustainability and delivery of real and effective competition in energy markets. In relation to environmental sustainability, it is the Government’s policy to reduce energy-related emissions and the carbon intensity of electricity production through various initiatives, including changes to the fuel mix, one of which is the co-firing of the existing peat-fired plants with biomass. A target of 30% co-firing of the existing peat-fired power plants with biomass by 2015 has been set, with the intention of reducing the amount of peat being used in these plants by about one million tonnes per annum. This is reflected in the projections in the Energy Policy Framework, which indicate a decrease in the amount of peat in the fuel mix up to 2020. The Energy Policy Framework refers to Government being supportive of biomass co-firing with peat. This is in the context of the existing State-owned peat-fired power generating plants. An inference that the Government would encourage new peat-fired plants should not be drawn. 276 Questions— 2 December 2008. Written Answers

The Government’s clear focus is instead on the development of new renewable energy and energy-efficient measures to achieve its overall energy policy goals. Under the provisions of the Electricity Regulation Act 1999, as amended, the Minister has no function in relation to authorisations to construct generating stations or licences to generate electricity. This is the responsibility of the independent energy regulator, the Commission for Energy Regulation.

Energy Prices. 99. Deputy Lucinda Creighton asked the Minister for Communications, Energy and Natural Resources if he will instruct the energy regulator to put a new structure in place around the consultation process for making a decision on energy prices, that will give the consumer and those affected by fuel poverty a formal say; and if he will make a statement on the matter. [43684/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The regulation of ESB electricity tariffs and Bord Ga´is E´ ireann (BGE´ ) gas tariffs is the statutory responsibility of the Commission for Energy Regulation (CER) under the Electricity Regu- lation Act and the Gas (Interim) Regulation Act 2002. I have no function in setting or reg- ulating energy prices. I note yesterday’s announcement by the CER of its Phase 2 decision on ESB and BGE´ tariffs, which is reflective of recent easing in international prices, particularly for gas and coal. I also note the substantial rebate being provided by ESB to all electricity customers, which helped mitigate the need for a tariff increase. The two phase approach to tariff regulation adopted by the CER this year was prudent in terms of minimising the impact of volatile market prices for energy consumers in Ireland. Flexibility is clearly important in addressing our energy costs, which are a key challenge for competitiveness. I therefore welcome the CER’s intention to review tariffs and methodologies next year in light of global trends in international fuel prices and all other relevant factors. In September 2007, the CER published a consultation paper on a review of its consultation process. Following a review of the comments received, the Commission then published in February of this year, a number of proposals designed to address other areas identified as in need of improvement and also enhance the areas. In June 2008, following further consultation, the Commission published its final decision on these proposals which resulted in the implemen- tation of 15 out of its original 19 proposals. One of the decisions made involved the holding of public forums as part of certain consultation processes. In the context of Phase Two of the Commission’s price review of ESB and Bord Ga´is Energy Supply tariffs, the CER as part of the public consultation process held a public forum on 10 November with ESB and BGE´ , which all stakeholders and interest groups were encouraged to attend. This was in addition to the ‘regular’ full open consultation. The CER also launched its new customer service — energycustomers.ie — in late October 2008, which is aimed at the provision of additional information to customers on the energy sector. The Open Forum initiative by the CER provided an important opportunity for consumers and interested groups to debate in public with CER, ESB and BGE´ on the complex issues around energy prices. Attended by representatives of a broad range of business and consumer groups, as well as ordinary customers, the forum provided an opportunity for consumers to voice their concerns about energy costs. Stakeholders were also invited to make written sub- missions directly to the CER to inform the Commission in making its second phase decision on prices. The forum was well attended and I believe the CER has received favourable com- 277 Questions— 2 December 2008. Written Answers

[Deputy Eamon Ryan.] ments in relation to the event itself and its objectives. The CER is also committed to continually looking at ways in which its consultative process can be improved. The CER also has a statutory role in protecting vulnerable customers in the energy markets. Under the European Communities (Internal Market in Electricity) Regulations 2005 the CER is tasked with ensuring that there are adequate safeguards to protect vulnerable customers. The CER has set out guidelines for the protection of household electricity and natural gas customers, particularly the elderly, customers relying on life support equipment and those with disabilities. The CER also regularly meets with customer representative groups to discuss their concerns. In addition to this, the Commission will in 2009, look at ways of introducing greater flexibility into electricity and gas tariff structures including payment options. The CER is also leading the ongoing smart metering project, one of the aims of which is to provide greater empowerment for customers over their energy usage and bills. The Government is fully committed to protecting the most vulnerable members of society from the impact of rising energy costs through a combination of social welfare supports and investment in structural improvements to enhance the energy efficiency of the housing stock. I am working with the Minister for Social and Family Affairs to ensure a fully cohesive strategic approach in this regard across Government and Agencies.

Electricity Interconnector. 100. Deputy Jimmy Deenihan asked the Minister for Communications, Energy and Natural Resources the progress being made on the construction of an east west interconnector; and if he will make a statement on the matter. [43690/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The East-West Interconnector is a 500 MegaWatt High Voltage Direct Current (HVDC) intercon- nector, which will link the electricity grids of Ireland and Britain. This project is of vital strategic importance to Ireland and its delivery to schedule by 2012 is a key Government priority. The East West Interconnector will significantly enhance security of supply and will facilitate increased competition in the single electricity market. It will also underpin Ireland’s progressive integration with the UK and European electricity market. EirGrid, the State Body responsible for Transmission, has been entrusted with the develop- ment and ownership of this interconnector by the Government. Working closely with the Com- mission for Energy Regulation (CER) and with my Department, EirGrid is progressing the project to schedule. The Electricity Regulation (Amendment) (EirGrid) Act 2008 provides the necessary legal basis for EirGrid to construct, own and operate an interconnector. I am advised that EirGrid expects the contract for design and construction of the intercon- nector to be completed in the coming months, when the successful bidder will be announced. EirGrid has secured Woodland in County Meath as the connection point for the interconnector on the Irish transmission system and Deeside in Wales on the UK side. EirGrid has undertaken a marine survey to determine the most suitable route for the undersea cable. Work is also progressing on the various applications for authorisations and permissions required along the entire route of the interconnector. On November 18th, EirGrid submitted a planning application to the Strategic Infrastructure Division of An Bord Pleana´la for the project.

278 Questions— 2 December 2008. Written Answers

Late 2011 is the target for the completion of works and 2012 is the target for the completion of commissioning and testing and the start of commercial operations. The project remains on track to meet these target completion dates, subject to the outcome of the planning processes. Financing options for this project are being finalised by EirGrid with the objective of achiev- ing the most cost-effective and efficient financial package. The interconnector will, as a national strategic asset, remain in public ownership and will be owned and operated by EirGrid.

Greener Homes Schemes. 101. Deputy Ro´ isı´n Shortall asked the Minister for Communications, Energy and Natural Resources the position regarding the greener homes schemes; the number of applicants waiting to receive grants; the budget for this scheme in 2008 and 2009; the reasoning behind the drop in budget; and if he will make a statement on the matter. [43647/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Greener Homes Scheme, since its launch in March 2006, has provided support for home owners investing in renewable energy heating technologies. The scheme has been modified over that period, supported by appropriate budgetary allocations year on year. Phase III continues to support the installation of a range of technologies in existing homes. Demand trends under the scheme continue to evolve in response to the ongoing adjustments which take account of market developments and changes to the Building Regulations. These adjustments will be reflected in the Budget allocation for the scheme in 2009. Sustainable Energy Ireland advises that there are approximately 76 applications for grant assistance on hand, which are currently being processed. The allocation for the Greener Homes 2008 is \22.5m. The allocation for 2009 remains to be definitively finalised. Any support scheme such as Greener Homes must evolve over time to a point where the industry is self sufficient and this overall approach has been reflected in the adjustments made to this scheme over its lifetime. The stimulus that the scheme has given to the development and maturing of the industry, with 16,000 systems already installed, has focussed primarily on improving the supply chain for the products, services and fuels. The application of product standards and installer training and quality framework has ensured that consumers are both informed and confident in their choices. There are currently 940 products registered under the scheme. All these products meet mini- mum quality and efficiency criteria which allows for informed choice on the part of the con- sumer whether attracting financial support or not. Quality and training is an important aspect of supporting the development of a sustainable industry. Training courses have been developed for residential heating technologies. These courses are FETAC accredited and mandatory for registration under the Greener Homes Scheme since March 2008. There are currently 1,300 installers registered under the scheme who have completed these training courses and it will continue to be a requirement for any installer wishing to register under the scheme. The Greener Homes Scheme (and the REHeat scheme for the commercial sector) was also designed to enable a reliable supply chain for wood pellet fuels. Securing a significant installed base of appliances has created a demand that has resulted in increased and more geographically diverse supply and more competitive pricing. The Building Regulations 2008, which came into force on July 1st, make the inclusion of renewable energy in new homes mandatory. It is therefore no longer appropriate to grant aid installation of renewable technologies in new homes and future budgetary allocations for the 279 Questions— 2 December 2008. Written Answers

[Deputy Eamon Ryan.] Scheme will reflect this decision. The Building Regulations’ mandatory requirement will of itself significantly stimulate demand for renewable energy products and services. The existence in the market of 1,300 installers who have successfully completed nationally accredited training will underpin this regulatory requirement. The installation of renewable heating systems in existing homes, which is typically more complex and more expensive, warrants continued sup- port in the short to medium term while the market reaches maturity.

Question No. 102 answered with Question No. 91.

Telecommunications Services. 103. Deputy Eamon Gilmore asked the Minister for Communications, Energy and Natural Resources his views on doubts over the accuracy of the broadband coverage map and therefore the area to be addressed by the national broadband scheme; and if he will make a statement on the matter. [43626/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): “3”, a Hutchison Whampoa company, was appointed as the Preferred Tenderer for the National Broadband Scheme (NBS) on 25 November 2008, following an open tender process using the “competitive dialogue” procurement process. As regards the accuracy of the mapping for the scheme, a comprehensive mapping process has been undertaken. This process involved:

• contacting service providers for details of their broadband coverage;

• inserting service provider data on a broadband coverage map using specialist expertise and software;

• consulting with the Irish Regional Authorities to request that they confirm, as far as was possible, the broadband coverage information provided in the maps;

• requesting from the Regional Authorities information on any other service providers excluded from the mapping process; and

• contacting additional service providers identified by the Regional Authorities and includ- ing their coverage on the map.

The resulting broadband coverage led to the creation of the indicative NBS map, which was updated during the procurement process as appropriate, in consultation with the service pro- viders. In light of the above I am satisfied that all reasonable have been taken steps to ensure the accuracy of the map.

Broadcasting Services. 104. Deputy Ciara´n Lynch asked the Minister for Communications, Energy and Natural Resources the steps he will take to ease the effects of the close down of analogue television in Wales on Counties Wexford, Waterford, Wicklow and Dublin; the timescale of this impact; his views on the consequences of this signal shutdown; the way he will ensure that vulnerable groups are not adversely affected by this shutdown; and if he will make a statement on the matter. [43638/08]

114. Deputy Pat Rabbitte asked the Minister for Communications, Energy and Natural Resources the position regarding digital terrestrial television; his views on whether preparations 280 Questions— 2 December 2008. Written Answers for the switch over in 2012 will be complete; and if he will make a statement on the matter. [43622/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to take Questions Nos. 104 and 114 together. The Broadcasting (Amendment) Act, 2007 puts in place a flexible framework for the licens- ing of Digital Terrestrial Television (DTT) into the future. The Act provides for the establish- ment of a free to air DTT service to replace the existing analogue terrestrial services offered by RTE´ , TG4 and TV3. The Act also provides for the development of commercial DTT services, which are anticipated to provide further choice to those who wish to avail of additional channels to the Irish free to air channels. Under the Act, RTE´ , the Broadcasting Commission of Ireland (BCI) and the Commission for Communications Regulation (ComReg) have obli- gations to provide for the rollout of DTT and to assist in the development of a plan for analogue switch off. In order for Ireland to benefit fully from the switch to DTT, a switch-off of analogue tele- vision services is necessary. Ireland has indicated that this switch off is likely to take place in 2012, in line with other European countries. The BCI is responsible for contracting commercial DTT service providers. In this regard, a Swedish company Boxer Ltd, in partnership with Communicorp has been offered the contract and contract terms are being finalised. It is anticipated that the launch of commercial DTT services will be coordinated with the launch of the free to air DTT service in 2009. The UK has a schedule to switch off analogue TV in different regions from 2008 to 2012 in favour of Digital Terrestrial Television (DTT). Analogue TV services in Wales, for instance, are expected to switch off from August 2009 and this will impact on viewers in Wexford, Waterford, Wicklow and Dublin who receive UK TV channels via overspill from the UK. Viewers on cable and satellite will not be affected by these changes and will continue to receive the UK terrestrial channels. The anticipated 2009 launch of commercial Irish digital terrestrial services will provide a significant range of television services which will be available in the south east of the country, including to those persons who will be impacted by the switch off of analogue services in the UK.

Telecommunications Services. 105. Deputy Richard Bruton asked the Minister for Communications, Energy and Natural Resources the number of metropolitan area networks that have been constructed around towns here under the most recent MANs roll-out programme but which are not currently functioning as part of the counties information technology infrastructure; and if he will make a statement on the matter. [43666/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Under phase I of the Metropolitan Area Networks (MANs) 27 MANs are available to customers from eNet which is operating, managing and maintaining the networks on behalf of the State under a 15 year concession agreement. Under Phase II of the MANs Programme, 58 of a total of 60 MANs covering 64 towns have been completed during 2007 and 2008. Construction of the remaining two networks will be completed during 2009. 281 Questions— 2 December 2008. Written Answers

[Deputy Eamon Ryan.]

All completed Phase II networks are being managed on an interim basis by technical services firm Magnum Opus on behalf of my Department pending the engagement of a Management Services Entity for the Phase II MANs (MSE 2). The engagement of an MSE 2 is currently the subject of a procurement process, which is expected to conclude in Q1 2009. The Phase II MANs contain duct, sub duct, dark fibre and co-location facilities. Under the interim MSE maintenance arrangement currently in place, dark fibre is made available to service providers, who in turn use their own equipment to light the fibre for their customer. Currently there are three Phase II MANs being used by service providers; Killarney, Tralee and Carrigaline. Longford will be in use within the next two weeks. A number of other requests have also been received from service providers. The Phase II MAN’s continue to be available to service providers on the basis referred to above pending the outcome of the MSE procure- ment process.

Departmental Schemes. 106. Deputy Mary Upton asked the Minister for Communications, Energy and Natural Resources the details of the way a person can apply and benefit from the warmer homes scheme or the home energy saving scheme; and if he will make a statement on the matter. [43651/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Warmer Homes Scheme is overseen by Sustainable Energy Ireland (SEI), and is targeted at households on low incomes, such as those in receipt of fuel allowance, invalidity or disability benefit. The Warmer Homes Scheme will install cavity wall insulation, attic insulation, a boiler lagging jacket, draught proofing measures and Compact Fluorescent Lamps (CFLs). Advice is also provided to householders on minimising energy use. These measures are provided free or at a nominal cost. The service is delivered principally through community based organisations. There are 20 such groups currently approved by SEI. Applications for assistance under the Scheme should be made via the relevant community organisation, details of which can be found under the grants section of SEI’s website (www.sei.ie/grants). Householders in receipt of energy efficiency improvements under the Scheme can potentially reduce their energy consumption by up to 60%, depending on the number of measures implemented and their energy behaviour. Funding of \10 million has been made available for this Scheme in 2009, which includes a contribution of \5 million from ESB and Bord Ga´is. The Home Energy Saving Scheme, which is also managed by SEI, will provide grant assist- ance to householders generally to install energy efficiency measures from next year. I launched the Scheme on a pilot basis earlier this year, in a selected number of areas and with a budget of \5 million. The pilot Scheme is grant aiding cavity wall insulation, wall lining insulation, external insulation, attic insulation, heating controls and low-e double glazing. This pilot phase is informing the design of the wider roll out of the Scheme in 2009 for which provision of \20 million has been made. The operational details of the Scheme are in the process of being finalised and I expect to be in a position to make an announcement in respect of new appli- cations later this year. Indicative results from the pilot phase indicate that supported upgrade actions can bring a house from an F-rating starting point on the Building Energy Rating (BER) scale to a D2 rating. This represents an energy saving of up to \700 per year for each house, equating to reduced CO2 emissions of 3 tonnes. 282 Questions— 2 December 2008. Written Answers

Energy Prices. 107. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the steps he has taken at national or European level to ensure that consumers here gain full benefit from the lower energy prices on world markets with particular reference to the fact that oil prices on international markets are approximately one third of those applying when prices were at their peak; and if he will make a statement on the matter. [43655/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Irish oil industry is fully privatised, liberalised and deregulated and there is no price control on petroleum products in Ireland. There is free entry to the market. Prices at the pump reflect global market price, transportation costs, Euro/Dollar fluctuations and other operating costs. Price differences are an ongoing feature of the market economy and it is a matter for retailers to explain price differences where they occur. I would advise the Deputy that the National Consumer Agency is currently undertaking a survey into the relationship between pump prices for petrol and diesel and the wholesale price of crude oil. I understand that as part of its work, the Agency will seek to benchmark move- ments in prices in Ireland against those in other EU countries and that it will also seek to examine the frequency and the timeliness with which changes in the wholesale price are being passed on to consumers. I understand that the Agency expects to finalise its report into this matter very shortly. The regulation of ESB electricity tariffs and BGE´ gas tariffs is the statutory responsibility of the Commission for Energy Regulation (CER) under the Electricity Regulation Act. I note yesterday’s announcement by the CER of its Phase 2 decision on ESB and BGE´ tariffs, which is reflective of the recent easing in international market prices for gas and coal. The upward global trend in energy prices generally reinforces the imperative for Ireland to reduce its dependency on fossil fuels and to use energy wisely and efficiently. The Government is committed to accelerated delivery of our targets for renewable energy, which in the area of electricity has recently been increased to 40% by 2020, and energy efficiency, which are essen- tial to ensure a sustainable energy future for the economy and consumers. My Department is working with other key Government Departments on initiatives to accelerate the deployment of renewable energy in electricity, transport and heating, and to implement major energy efficiency and demand management programmes for both domestic and business consumers. The continued global volatility in energy prices is a cause for concern among EU Member States and I am working with my EU colleagues on strategies to enhance security of supply sustainability and competitiveness. These include the acceleration of renewable energy and energy efficiency measures, ongoing investment in energy infrastructure, increasing the trans- parency of oil and gas markets, and enhanced dialogue with oil and gas producing countries.

Telecommunications Services. 108. Deputy Kieran O’Donnell asked the Minister for Communications, Energy and Natural Resources if he has considered the repurchase of Eircom infrastructure as part of the telecom- munications infrastructure strategy; and if he will make a statement on the matter. [43728/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Government has not considered the issue of possible purchase of eircom infrastructure. The issue of whether this infrastructure would be offered for sale is a matter for eircom, under the Government’s telecommunications infrastructure strategy the private sector has primary 283 Questions— 2 December 2008. Written Answers

[Deputy Eamon Ryan.] responsibility for the development of such infrastructure. There are a number of infrastructure providers of which eircom is one. Eircom is on record as saying it remains committed to developing broadband to as many parts of the country as possible. Ireland has a vibrant broadband market with service providers offering services across a range of platforms at increasingly fast speeds. In addition the National Broadband Scheme for which the preferred bidder was recently announced, will bring broadband to those parts of the country where a commercial service cannot be provided. This will result in broadband being available universally throughout the country.

Alternative Energy Projects. 109. Deputy Ruairı´ Quinn asked the Minister for Communications, Energy and Natural Resources the amount and percentage of wind power with access to the national grid; the number of applications awaiting access to the grid; and if he will make a statement on the matter. [43632/08]

385. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the number of wind farms currently contributing to the national electricity grid; the number of such farms in respect of which planning permission has been granted but not admit- ted or cleared for admission to the grid; and if he will make a statement on the matter. [43999/08]

386. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the amount of electricity currently provided through wind energy; his preferred options for future development in this area; and if he will make a statement on the matter. [44000/08]

387. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent to which alternative energy currently contributes to the national electricity grid; the various components in this contribution; when it is expected to reduce dependency on imports; and if he will make a statement on the matter. [44001/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to take Questions Nos. 109 and 385 to 387, inclusive, together. In 2007, the latest year for which published dated is available, electricity from renewable energy resources contributed 9.4% of electricity consumed. The contribution by resource was 6.7% wind, 2.2% hydro and 0.5% biomass. These technologies harness indigenous energy sources thereby reducing our dependency on imports. The dominant renewable energy technology is now wind-powered. Eirgrid calculates that there are 97 wind-farms currently connected to the electricity grid with a combined installed capacity of 1002 megawatts and a further 490 projects with a combined installed capacity of 11500 megawatts in different stages of the connection application process. Any disputes about connection offers, including access to offers, are within the statutory authority of the Com- mission for Energy Regulation (CER). The CER has recently published a decision on access to connection offers for at least 3,900 megawatts of capacity. The projects awaiting connection offers are at different stages within the planning application process. Planning applications are submitted to the local Planning Authority in the first instance. There is no central register of such applications or their status. It Is not possible, 284 Questions— 2 December 2008. Written Answers therefore, to quantify the number of projects in any particular phase within the planning appli- cation process. However every compliant project which has been submitted to the REFIT support programme, with both planning permission and a connection offer, has been offered support. The Government targets are to increase the contribution by renewable energy technologies to electricity consumed to 15% at least, by 2010 and 40% by 2020. Wind-powered plants will continue to be the dominant technology to 2010 and will be a substantial contributor to the 2020 target. It is expected that current support and research into other alternative technologies will also see technologies harnessing biomass and ocean-power play an increasing role in delivering the 2020 target.

Telecommunications Services. 110. Deputy Sea´n Sherlock asked the Minister for Communications, Energy and Natural Resources his views on findings that show that broadband connections here are among the most expensive in the OECD; his further views on the poor performance with regard to broad- band speeds by Ireland in the OECD countries; the steps he is taking to address same; and if he will make a statement on the matter. [43639/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The provision of telecommunications services including broadband services is, in the first instance, a matter for the private sector. The relevant service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. The broadband market is a fast moving and dynamic one; this applies to all OECD countries. On this basis, annual comparisons of broadband metrics between different countries cannot capture the full extent of market developments. For example, the OECD statistics do not include mobile broadband, which now has 222,300 subscribers in Ireland and accounts for approximately 21% of all broadband delivered, making it one of the highest rates within the EU. In addition, a number of offers available in Ireland now include broadband speeds of 20 Mbps and would not be reflected in most recent OECD figures. A survey conducted by the OECD on the affordability of a broadband product in the various markets based on the “cost of broadband as a proportion of GDP per capita” instead of simply looking at the price ranks Ireland 6th, as at October 2007. Recent surveys conducted by ComReg indicate that the majority of Irish people are content with existing broadband speeds and the value for money of their Internet service. While investment in broadband infrastructure is primarily a matter for telecoms operators, Government has invested and will continue to invest in broadband infrastructure in order to address the digital divide and regional inequalities. The broadband policy consultation paper, which I published last July, sets out a number of proposed initiatives including the utilisation of State infrastructure for broadband connectivity, establishment of a one-stop shop to facilitate this and opening up of broadband access to new buildings. These proposals are being advanced. In addition, the preferred bidder for the National Broadband Scheme (NBS) was recently announced. The NBS will significantly improve broadband coverage, especially in rural areas.

Question No. 111 answered with Question No. 77.

285 Questions— 2 December 2008. Written Answers

Electric Car Industry. 112. Deputy David Stanton asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 240 of 3 July 2008, if he has received reports on the success to date of the Dun Laoghaire Rathdown County Council pilot project for plug in parking-charging facilities for electrical vehicles; if he will support similar pilot projects in other areas of the country; and if he will make a statement on the matter. [43742/08]

113. Deputy Joanna Tuffy asked the Minister for Communications, Energy and Natural Resources if he has met with the Department of Transport with regard to the potential growth of the electric car industry; the position regarding the potential for electric cars here; the current and projected emissions for the transport sector; the way he envisages that the 10% target set in the budget will be met; and if he will make a statement on the matter. [43641/08]

378. Deputy David Stanton asked the Minister for Communications, Energy and Natural Resources the way he will stimulate uptake here of hybrid electrical and battery electric vehicles to reach the 10% target set for 2020; and if he will make a statement on the matter. [43790/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to take Questions Nos. 112, 113 and 378 together. Following on from the recent Government decision to establish an inter-departmental/agency group to look at deployment of electric vehicles in Ireland, it was agreed that my Department would oversee the group. All relevant Government Departments, including the Department of Transport, and agencies are represented on the group. The group will examine the best way forward to promote the use of electric vehicles in Ireland. My Department has also been working directly with the Department of Transport to progress matters in the context of the Sustainable Transport and Travel Action Plan currently being finalised by my colleague, the Minister for Transport. In association with the Minister for Transport, I recently announced plans for the mass deployment of electric vehicles in Ireland. We have set a target of 10% of all vehicles in the transport fleet to be powered by electricity by 2020 which will represent up to 250,000 cars on Irish roads over the next 12 years. We propose to aid this by introducing tax incentives for businesses to purchase electric vehicles allowing them to write off 100% of the cost of purchase against tax under the Accelerated Capital Allowance Scheme. Sustainable Energy Ireland (SEI) will also be funding a \1 million project to research, develop and demonstrate alternative transport technologies including electric vehicles nationally. SEI has also published a Buyers Guide and a Cost of Ownership Calculator to aid individuals interested in purchasing electric vehicles. We will be establishing a National Task Force to examine the infrastructure options for the national roll-out of electric vehicles, including street charging. I attended a press event in relation to the Dun Laoghaire Rathdown Council motion and as such I was aware of their intent. With regard to emissions for the transport sector the latest figures, which relate to 2006, show transport accounted for 13.72 million tonnes of CO2 which equates to 19.7% of all green house gas emissions. In 2020 transport is expected to account for 16.9 million tonnes of CO2, which equates to 20.6% of all greenhouse gas emissions.

Question No. 114 answered with Question No. 104. 286 Questions— 2 December 2008. Written Answers

Seirbhı´sı´ Poist. 115. D’fhiafraigh Deputy Aengus O´ Snodaigh den Aire Cumarsa´ide, Fuinnimh agus Acmhainnı´ Na´du´ rtha ce´nfa´th go bhfuil an Roinn Cumarsa´ide, Fuinnimh agus Acmhainnı´ Na´d- u´ rtha ag beartu´ ar cho´ ras co´ d poist ina bhfuil measca´n litreacha agus uimhreacha bunaithe ar an gco´ ras Sasanach agus ar leaganacha Be´arla de logainmneacha na tı´re a chur i bhfeidhm in E´ irinn, de re´ir tuairiscı´ i nuachta´in an Domhnaigh le tamall anuas, nuair is tı´r dha´theangach´ ı E´ ire agus nuair is co´ id poist ina bhfuil uimhreacha amha´in a bhı´onn in u´ sa´id i dtı´ortha da´thean- gacha eile, a´it go mbı´onn cead ag duine an seoladh a scrı´obh ina rogha teanga o´ bhı´onn an t- eolas ar fad a theastaı´onn chun an post a sheachadadh sna huimhreacha; agus an nde´anfaidh se´ ra´iteas ina thaobh. [43402/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Mhol an Bord um Thionscnamh na bPostcho´ dNa´isiu´ nta i 2006 go dtabharfaı´ isteach cinea´l postcho´ d bunaithe ar litreacha agus uimhreacha le haghaidh earna´il na bpost ach nı´l bunaithe ar an gco´ ras Sasanach. Measadh go mbeadh se´ ar an gcinea´l dob oiriu´ naı´ mar nach gcuireann se´ iallach ar baill den phobal malairt a chur ar leagan amach na seoltaı´ acu agus moladh an Bhoird na an postcho´ d a bheith mar line breise don tseoladh. Nı´l i gceist toirmeasc a chur ar e´inne da´ sheoladh d’u´ said i gceachtar de theangacha oifigiu´ la an Sta´it. Sonraı´m chomh maith nach bhfuil co´ ras postcho´ d bunaithe go fo´ ill.

Offshore Exploration. 116. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the number of locations at which oil and gas exploration is taking place on or offshore; if there are any positive indications arising from such activity in the past 12 months; the number of new licences issued during this period; the number of licences issued in the previous four year period excluding the past 12 months; when it is expected that product will become available from any or all of the previous satisfactory commercially viable explorations; and if he will make a statement on the matter. [43656/08]

122. Deputy Joanna Tuffy asked the Minister for Communications, Energy and Natural Resources the amount of revenue collected to date under the new tax rates announced in January 2008 in view of the announcement of the opening of the 2009 Rockall licensing round; and if he will make a statement on the matter. [43642/08]

125. Deputy Kathleen Lynch asked the Minister for Communications, Energy and Natural Resources the number of exploration wells drilled off the coast to date in 2008; the locations of the drilling operations; the names of the exploration companies in question; the revenue which will be gained for the Exchequer from these explorations; the income derived from the increase in the tax rate; and if he will make a statement on the matter. [43636/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to take Questions Nos. 116, 122 and 125 together. Exploration for oil and gas, both onshore and offshore, is carried out under licence by my Department. Details of authorisations in place are published on my Department’s website. Most of the exploration activity is carried out offshore where there are currently 24 Exploration Licences in place, along with five Licensing Options and nine Prospecting Licences. Onshore, there are two exploration licences. 287 Questions— 2 December 2008. Written Answers

[Deputy Eamon Ryan.]

The following tables provide details of the number of exploration authorisations granted in each year from 2004 to 2008, along with details of exploration wells drilled in 2008.

Exploration Authorisations granted 2004-2008

Year Exploration Licences Licensing Options Petroleum Prospecting Licences

2004 3 10 5 2005 8 4 3 (including 1 Reserved Area Licence) 2006 4 1 3 2007 5 2 3 2008 5 2 4

Exploration Wells 2008

Area Operator Authorisation Rig Release Date

Rockall Basin Shell E&P Ireland Ltd EL2/94 28 July 2008 Erris Basin Statoil Exploration Ireland Ltd EL5/94 08 July 2008 North Celtic Sea Basin Providence Resources Plc EL2/07 01 September 2008 North Celtic Sea Basin Providence Resources Plc EL2/07 28 September 2008

While exploration activities are continuing under all of these authorisations, no new discovery has been declared commercial in the past twelve months. The Corrib Gas Field is the only commercial discovery being developed at this time and the developers have stated that first gas is expected in late 2009. In relation to a possible financial return to the State in terms of tax revenue from future commercial discoveries that might be made under existing exploration licences, it is not known at this stage whether or not any of the current exploration licences will result in commercially extractable finds of hydrocarbons. Where any future commercial discovery is brought to pro- duction, the tax regime that will apply, will be determined by the date of the exploration licence under which the discovery was made. In the case of exploration licences issued prior to 1 January 2007, a tax rate of 25% will apply and, in the case of licences issued from 1 January 2007, a tax rate of up to 40% will apply in the case of very profitable fields. To date, no new commercial discoveries have been made to which the revised tax regime would apply.

Question No. 117 answered with Question No. 78.

Alternative Energy Projects. 118. Deputy Pat Rabbitte asked the Minister for Communications, Energy and Natural Resources the number of Cabinet Sub-committee on Climate Change meetings that he has attended. [43623/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I have attended six meetings of the Cabinet Sub Committee on Climate Change and Energy Security.

Question Nos. 119 answered with Question No. 95. 288 Questions— 2 December 2008. Written Answers

Telecommunications Services. 120. Deputy Ciara´n Lynch asked the Minister for Communications, Energy and Natural Resources his views on calls for a functional separation of Eircom’s business rather that a full structural split of its networks and its retail arms; and if he will make a statement on the matter. [43637/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The corporate structure of eircom, which is a private company, is a matter for that company subject to appropriate engagement taking place with the Commission for Communications Regulation (ComReg) on any regulatory issues that might arise. ComReg is independent in the exercise of its functions. More generally, the EU Commission’s proposals for reform of the legislative framework for the sector include adding functional separation to the remedy tool box of national regulators. I have supported this proposal from the start as effective remedies are key to realising the benefits of a competitive market key. There is some debate around whether customers would be best served by functional opening of the network or by a structural split between the retail and network divisions of the business. The key issue is the implementation of the operational model that provides the optimum com- petitive environment and promotes investment and innovation in the development of telecoms networks which facilitate the widespread introduction of new digital devices and applications.

Greenhouse Gas Emissions. 121. Deputy Willie Penrose asked the Minister for Communications, Energy and Natural Resources the amount of carbon dioxide emitted from Moneypoint power station; the steps being taken to pursue the option of carbon capture and storage; the legislation required to advance this method of addressing CO2 emissions; and if he will make a statement on the matter. [43649/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): While the issue of emissions levels at Moneypoint Generating Station is, in the first instance, a day- to-day management matter for the company, I have included with this reply, at Table 1, details of the annual CO2 emissions from Moneypoint Generating Station for the period 2005-2007. These emission levels have been verified in accordance with the EU’s Emissions Trading

Scheme Directive and recorded by the Environmental Protection Agency (EPA) in its CO2 emissions Registry. I can advise the Deputy that emissions are directly related to fuel use, which is determined by generation output. The historic emission trend is not an indicator of future emissions. The future emissions profile will depend on market conditions, in particular the economics of gener- ation from coal which is relative to gas and the price of EU (CO2) allowances. I would draw the Deputy’s attention to the report entitled “Assessment of the Potential for Geological Storage of Carbon Dioxide for the Island of Ireland”, which was commissioned by Sustainable Energy Ireland (SEI), the Environmental Protection Agency (EPA), Geological Survey of Ireland (GSI) and Geological Survey of Northern Ireland (GSINI). The report quan- tifies potential carbon storage capacity on the island which is considerably greater than the actual total annual CO2 emissions in Ireland from large single point sources such as Moneypo- int Powerstation. Following on the publication of the Report in September, at my request, my Department is chairing an Inter-Departmental/Inter-Agency Group representative of all stakeholders which

289 Questions— 2 December 2008. Written Answers

[Deputy Eamon Ryan.] is now examining the Report’s recommendations as well as the complex range of regulatory and legal matters inherent in carbon capture and storage. Negotiations are underway on the Carbon Capture and Storage Directive proposed by the EU Commission as part of the Climate Change and Renewable Energy Package. The Directive will provide guidance for Member States on appropriate legal and regulatory frameworks to govern carbon capture and storage from all perspectives. The EU Commission is also proposing the establishment of at least 12 demonstration plants in Europe designed to test and prove the various technological options for the sequestration of carbon. Developments on carbon capture and storage in Ireland, including appropriate legal frame- works, will continue to be fully informed by EU and International developments.

Table 1: Verified ESB Moneypoint CO2 Emissions

Year Verified emissions (tCO2)

2005 5,696,215 2006 4,935.148 2007 4,714,498

Question No. 122 answered with Question No. 116.

Electricity Generation. 123. Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources his views on a call from Eirgrid for more to be done to construct the 250MW per annum needed to reach the Government’s renewables targets; if, in view of the increased target for renewables to 40%, this has increased the need for faster construction of the grid; if this is on track; and if he will make a statement on the matter. [43634/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): EirGrid, as the State body responsible for the national transmission system, is working to deliver the necessary upgrading and expansion of the transmission grid in the interests of the economy and regional development. I welcome the call by EirGrid’s Chief Executive for collec- tive engagement by all stakeholders in meeting the challenges inherent in delivering vitally needed new transmission infrastructure, which is safe, reliable, affordable and sustainable. I share his view that all stakeholders working together have to find a way to balance overall public good and economic and social policy objectives with the concerns of individuals and local communities. The development of our high capacity grid network is needed to meet overall demand for electricity by business and consumers, to provide the critical infrastructure needed for balanced regional development and security of supply and to deliver on Ireland’s renewable energy targets. If we are to achieve significant levels of penetration of renewable energy onto the network, major development of the transmission grid is required. EirGrid launched its Grid Development Strategy, Grid25, on 8th October 2008. It sets out a roadmap for the development of the electricity transmission network for the next 17 years and aims to invest \4bn in the grid over that period, effectively doubling the grid’s current capacity. The strategy is designed to meet forecasted national electricity demand and to attract and maintain industry in the regions. It also allows for increased interconnectivity with the Euro- pean grid, thereby allowing increasing competition in the market, contributing to security of 290 Questions— 2 December 2008. Written Answers supply and providing opportunities for indigenous renewable energy generation. Grid25’s stra- tegies and assumptions around renewable energy generation are consistent with the All-island Grid Study and provide for renewable energy penetration of up to 40% by 2025, in line with Government targets. I welcome the progress that EirGrid is already making in rolling out key grid infrastructure projects such as the East West Interconnector, North South and Meath Cavan Transmission lines. These projects are scheduled to be delivered in 2012. These projects are critical in terms of regional and national demand and will support the increased penetration of renewable gener- ation, particularly wind generation, in the Irish market. The East West Interconnector will also allow surplus power to be exported to Britain in times of high wind generation. There are very many challenges ahead. I have every confidence that EirGrid, as the State- owned transmission company, will continue to work in the national interest and in conjunction with all stakeholders, to deliver a sustainable transmission system in support of economic and social needs. I look forward to continued positive engagement from stakeholders and public representatives on this important national priority and I am confident, that EirGrid will remain on track to deliver on our ambitious but achievable renewable electricity targets.

Consumer Protection. 124. Deputy Ruairı´ Quinn asked the Minister for Communications, Energy and Natural Resources his views on the fuelwatch website in Australia which is a government fuel monitor- ing service; if he envisages a role for a similar initiative here; and if he will make a statement on the matter. [43631/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Irish oil industry is fully privatised, liberalised and deregulated and there is no price control on petroleum products in Ireland. Retail prices reflect global market price, transportation costs, Euro/Dollar fluctuations and other operating costs. I would advise the Deputy that the National Consumer Agency, which operates under the aegis of the Department of Enterprise, Trade and Employment, is currently undertaking a survey into the relationship between pump prices for petrol and diesel and the wholesale price of crude oil. I understand that as part of its work, the Agency will seek to benchmark move- ments in prices in Ireland against those in other EU countries and that it will also seek to examine the frequency and the timeliness in which changes in the wholesale price are being passed on to consumers. I understand that the Agency expects to finalise its report into this matter very shortly. The Australian website referred to by the Deputy is essentially a consumer protection initiat- ive. My Department has brought it to the attention of the Department of Enterprise, Trade and Employment, and the National Consumer Agency.

Question No. 125 answered with Question No. 116.

Fuel Poverty. 126. Deputy Jan O’Sullivan asked the Minister for Communications, Energy and Natural Resources if the fuel poverty action research project has completed its report; if this report will be published; and if he will make a statement on the matter. [43625/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Fuel Poverty Action Research Project was established by Combat Poverty and Sustainable Energy Ireland (SEI) to inform public policy on the merits of domestic energy efficiency prog-

291 Questions— 2 December 2008. Written Answers

[Deputy Eamon Ryan.] rammes. The project involves an integrated and systematic ex-post assessment of the energy, environmental, thermal comfort and health benefits of the SEI-administered Warmer Homes Scheme, which retrofits low income private homes with insulation and other energy saving measures. The draft final report is due for completion in January 2009. SEI anticipates a 2 month consultation period, with a view to publication of the final report in March or April 2009.

Greenhouse Gas Emissions. 127. Deputy Michael D. Higgins asked the Minister for Communications, Energy and Natural Resources the position regarding his Department’s target as part of the programme for Govern- ment’s target of a 3% cut in carbon emissions; the way he will meet that target; and if he will make a statement on the matter. [43643/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Programme for Government target refers to a 3% reduction per year on average in greenhouse gas emissions. The energy sector for which I have policy responsibility will make a leading contribution towards reducing greenhouse gas emissions through a range of measures designed to improve energy efficiency and increase the penetration of renewable energy across the electricity, heat and transport sectors. Among the significant energy efficiency initiatives introduced already this year are the exten- sion of the accelerated capital allowance scheme, which allows companies to write off for tax purposes the full capital cost of certain classes of energy efficient equipment in the year of purchase and the Pilot Home Energy Savings Scheme. The 2009 Budget indicated that the range of tax allowance qualifying energy efficient equip- ment is being widened to include energy efficient data server systems and on site electricity generation equipment. I am allocating significant resources of \20 million to the Home Energy Saving Scheme in 2009, an increase of \15 million on 2008, in order to provide grants of up to 30% of the cost of retro-fitting homes. This scheme will increase energy efficiency and lead to CO2 savings and complements the Warmer Homes Scheme, which provides insulation and energy advice to low income households. The Minister for the Environment, Heritage and Local Government is introducing a new scheme to examine the potential for energy savings in local authority housing stock through the retrofitting of older heating systems with new green energies. The National Energy Efficiency Action Plan, which I intend to publish before the end of the year, will set out the Government’s comprehensive programme of action to be implemented across all sectors to deliver on our national and EU targets for energy efficiency, along with resulting reductions in greenhouse gas emissions. The Government has recently increased the target for renewable electricity to 40% by 2020. The target is underpinned by analysis conducted in the recent All Island Grid Study, which found that a 40% penetration is technically feasible, subject to upgrading our electricity grid and ensuring the development of flexible generating plant on the electricity system. The study concluded that achieving this higher level of renewable electricity would reduce our carbon emissions from electricity by 25% over the business-as-usual scenario, a saving of around 5 million tonnes.

292 Questions— 2 December 2008. Written Answers

Last week, in conjunction with my colleague, the Minister for Transport, I set out our plans for the mass deployment of electric vehicles in Ireland. The Government has set a target of 10% of all vehicles in the transport fleet to be powered by electricity by 2020. This will rep- resent some 250,000 cars on Irish roads over the next 12 years. This sends a signal to national and international players developing new transport technologies that Ireland is ‘open for business’, as a centre for electric vehicles. This initiative has multiple benefits. In addition to reducing fossil fuel imports and helping to tackle climate change, it will attract investment and jobs to Ireland and will stimulate our motor, electricity and green technology industries. Other energy initiatives funded by my Department and designed to move us towards lower carbon emissions include the major ocean energy research and development programme and Sustainable Energy Ireland’s heating sector programmes (the Greener Homes Scheme and the Reheat and Combined Heat and Power programmes).

Alternative Energy Projects. 128. Deputy Sea´n Sherlock asked the Minister for Communications, Energy and Natural Resources the position regarding the progress made on the implementation of the new tariff scheme in respect of offshore wind; when this tariff scheme for offshore wind was announced by him; and if he will make a statement on the matter. [43619/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): In February of this year I announced a tariff of \140 per megawatt hour of power produced for offshore wind energy projects within the Renewable Energy Feed In Tariff (REFIT) support scheme. This announcement was made well in advance of the planned development of offshore wind projects to send a strong market signal and to ensure all State aid requirements could be clarified and resolved in a timely way. Under the existing State aid clearance for REFIT, all projects are required to be commenced by 2010. The imposition of this timeline was designed to ensure that Ireland met its 2010 target for renewable energy. My Department is now working to put in place more appropriate timel- ines to support progressive delivery on the 2020 target. Under the Commission’s new Block Exemption Regulation, my Department is now in a position to adjust the REFIT timelines without notification to the Commission. The timeline for the offshore category should appropri- ately reflect the projections for actual delivery of connections to individual projects. A number of offshore projects are included in the list of Gate 3 projects for connection offers recently published by the Commission for Energy Regulation. It is expected these developers will be in a position to provide realistic projections of their commissioning plans to my Department shortly. I intend to publish amended timelines for all REFIT categories including the offshore category in the near future, which will facilitate delivery of our renewable energy target up to 2020.

Geothermal Heat. 129. Deputy Emmet Stagg asked the Minister for Communications, Energy and Natural Resources the position regarding the potential of the deep geothermal heat source on the Newcastle Blackrock geological fault line; when he expects the geothermal working group to report on its findings; if he will bring forward legislation in this area; and if he will make a statement on the matter. [43618/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The publication of the Geothermal Resource Map of Ireland by Sustainable Energy Ireland (SEI)

293 Questions— 2 December 2008. Written Answers

[Deputy Eamon Ryan.] in July 2004 highlighted the potential of deep geothermal energy. The report recommended that support be given for a medium-depth pilot borehole, for example on the Blackrock–- Rathcoole Fault in an area with many potential users. SEI has funded a study, in conjunction with University College Dublin and Conodate, to examine the economic and technical potential of deep geothermal energy sources along the Fault. Following on this a private company is undertaking exploratory work at Newcastle, County Dublin. It would not be appropriate for me to comment on the matter in advance of the company’s own announcement. In relation to the work of the Geothermal Working Group, the Deputy may be aware that a public consultation process was held between June and August 2008. Over 30 submissions were received, mainly from people and organisations closely associated with geothermal development in Ireland. The consultation exercise has now closed and the results are being analysed. I expect that the Working Group will report to me before the end of the year. The Working Group will report on effective regulatory and other measures that could be taken to increase the contribution of geothermal energy to meeting Ireland’s targets for use of alternative energy. The legal aspects of a regulatory framework are of course among the issues under examination. Complex legal issues are involved and the timing of the report will depend on their resolution but I am hopeful that I will receive it by the end of the year, at which time I will decide on the need for legislation. I am sure the Deputy will understand that it would be premature for me to comment further at this stage.

Alternative Energy Projects. 130. Deputy Brian O’Shea asked the Minister for Communications, Energy and Natural Resources if he has plans for extra provision of storage facilities similar to Turlough Hill; his views on whether additional storage would permit higher levels of generation from renewable sources; if he will commission a study that considers increased storage as a mechanism for facilitating greater generation from renewable sources; and if he will make a statement on the matter. [43648/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Government targets are to increase the contribution from renewable energy sources to elec- tricity consumed to a minimum 15% by 2010 and 40% by 2020. The provision of back up capacity to ensure security of electricity supplies to consumers as increasing volumes of undispatchable renewable energy technologies contribute to targets delivery can be provided from a number of sources including pumped storage technologies and interconnection as well as other flexible power-generation plants. This is demonstrated in the All-Island Grid Study, which was published earlier this year. The roll-out of additional projects will also be facilitated by EirGrid’s recently launched Grid Development Strategy to 2025, which sets out overall plans for investment of \4 billion in the transmission system over the period. There are no plans to conduct additional studies of particular technologies at this time. However, new technology developments may well enhance the viability of additional storage options in the future or bring forward new project proposals from developers within the liberal- ised electricity market, which will be examined on the merits of the case arising.

Telecommunications Services. 131. Deputy Ro´ isı´n Shortall asked the Minister for Communications, Energy and Natural

294 Questions— 2 December 2008. Written Answers

Resources the position regarding the national broadband scheme; his views on whether the 1MB service that it offers is sufficient and competitive; the most up to date cost of this project; the timeframe for this project; and if he will make a statement on the matter. [43646/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): On the 25 November 2008 I announced that 3, a Hutchison Whampoa company, has been selected as the preferred tenderer for the National Broadband Scheme (NBS) following the conclusion of a comprehensive competitive procurement process. The NBS contract is expected to be signed with 3 by mid-December. NBS consumers will be provided with a reliable and price competitive broadband connection consisting of an always on service of at least 1mbps contended at 30:1. Higher speeds will be experienced by some consumers located closer to base stations. The service will be upgraded to higher specifications during the 68 month contract without any increase in charge to the consumer. In order to protect the integrity of the procurement process, I do not propose to release details of the value of the contract at this time.

132. Deputy Joan Burton asked the Minister for Communications, Energy and Natural Resources the action, in view of the difficulties experienced accessing broadband in Kilmacan- ogue, County Wicklow, he is taking to deal with this problem; if he will confirm if Kilmacan- ogue appears as being covered by broadband on his Department’s broadband map; and if he will make a statement on the matter. [43653/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The provision of telecommunications services, including broadband, is a matter for the private sec- tor. Broadband service providers operate in a fully liberalised market, regulated, where appro- priate, by the independent Commission for Communications Regulation, ComReg. Matters in relation to service provision are for the service providers and if necessary, ComReg. The role of the Government is to formulate regulatory and infrastructure policies to facilitate the provision of high quality telecommunications services, by competing private sector service providers. It is important to note that in addition to fixed landline broadband, otherwise known as Digital Subscriber Line (DSL) or broadband over telephone lines, broadband services are available from competing service providers over multiple platforms including cable, satellite, fixed wireless and increasingly mobile. I understand that Kilmacanogue already has broadband on offer from a number of service providers. Details of the services available in Kilmacanogue are available on my Department’s website at www.broadband.gov.ie.

Semi-State Bodies. 133. Deputy Joe Costello asked the Minister for Communications, Energy and Natural Resources his views on growing speculation regarding the privatisation of the ESB; and if he will make a statement on the matter. [43644/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): As I have stated consistently the Government has no plans to privatise any part of the ESB. Govern- ment policy in relation to the ownership of the electricity transmission and distributions net- works is clearly set out in the Energy Policy White Paper and reconfirmed in the Programme for Government. It is the Government’s explicit position that the transmission and distribution network assets will remain in State ownership in perpetuity as strategic national assets.

295 Questions— 2 December 2008. Written Answers

[Deputy Eamon Ryan.]

The Government fully supports the continuation of ESB as a strong and commercially viable vertically integrated utility within State ownership. This will continue to be the position. ESB Group will continue to own and run the distribution network and will continue to undertake the major networks infrastructure investment programme to provide enhanced levels of conti- nuity of supply for the economy and the consumer. The ESB-CER Asset Management Strategy Agreement will see ESB power generation reducing its market share by 2010 and becoming more efficient and commercial in the process. The ESB Group will continue to compete successfully with Viridian, Airtricity and other inde- pendents in power generation and electricity supply in the all-island electricity market. ESB will also continue to develop its renewable energy portfolio on the island. In addition, ESB Group will, through ESB International, continue to expand its increasingly profitable all-island, UK, European and international business in power generation and supply, renewable energy and consultancy services. The company’s recent launch of its plans for the UK market should be seen as an important step in delivering on this strategy, which will help underpin the company’s continued development and growth.

Energy Prices. 134. Deputy Willie Penrose asked the Minister for Communications, Energy and Natural Resources his views on the findings from the Sustainable Energy Ireland 2008 report Under- standing Electricity and Gas Prices in Ireland that found that gas and electricity prices were higher here than the EU average; and if he will make a statement on the matter. [43654/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Encouraging a competitive, least-cost energy supply is a key policy objective for the Govern- ment. Rising energy costs are a major concern for all sectors of the economy and for consumers. It is a major concern for the European Union and globally. In this context, I welcome Sustainable Energy Ireland’s report on Understanding Electricity and Gas Prices in Ireland, which provides a valuable insight into the drivers of higher energy costs in our market. In particular, the report underlines the imperative to reduce Ireland’s dependence on imported fossil fuels and our exposure to volatile international market prices for these commodities. I note yesterday’s announcement by the Commission for Energy Regulation of its Phase 2 decision on ESB and Bord Ga´is E´ ireann tariffs, which is reflective of recent easing in inter- national prices, particularly for gas and coal. I also note the substantial rebate being provided by ESB to all electricity customers, which helped mitigate the need for a tariff increase. In the medium to long term, the Government’s Energy Policy Framework and the Prog- ramme for Government set out the actions being taken to deliver security, sustainability and competitiveness of energy supply. We must use energy far more efficiently, deliver on our ambitious renewable targets and progress vital strategic energy infrastructure such as the East West Electricity Interconnector. Initiatives in all these areas are being progressed. While investment in energy infrastructure is also identified as a cost factor in Irish energy prices, the delivery to schedule and at least cost of vital projects will ultimately deliver secure, sustainable, competitive and cost efficient electricity and gas supplies for the benefit of Irish consumers.

Electricity Interconnector. 135. Deputy Michael D. Higgins asked the Minister for Communications, Energy and Natural

296 Questions— 2 December 2008. Written Answers

Resources the plans for an interconnector to France; if this would have implications for policy in relation to nuclear power; and if he will make a statement on the matter. [43650/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Under the Energy Policy Framework and the Programme for Government, we are committed to the progressive development of a regional electricity market with the UK and North West Europe underpinned by new interconnection. The current focus is on the East West Electricity Inter- connector, which is of vital strategic importance to Ireland and its delivery to schedule by 2012 is a key Government priority. EirGrid, the independent transmission system operator, has recently published its Grid25 study, which provides a strategy for the development of Ireland’s electricity grid for a sus- tainable and competitive future. This study states that it is likely, that by 2025 at least, one further interconnector from this system to another offshore system, either Britain or France, will be in place. The Government maintains, as have successive Governments over many years, that nuclear power is neither sustainable nor the answer to meeting Ireland’s energy needs. The use of nuclear fission for the generation of electricity in Ireland is statutorily prohibited under Section 18(6) of the Electricity Regulation Act 1999. Furthermore, Section 3 of the Planning and Development (Strategic Infrastructure) Act 2006 states that “Nothing in this Act shall be con- strued as enabling the authorisation of development consisting of an installation for the gener- ation of electricity by nuclear fission”. These prohibitions do not include the importation of electricity generated by nuclear energy. Legal advice received by my Department states that such a prohibition would be in breach of Article 28 of the EC Treaty, which prohibits quantitative restrictions on imports and all measures having equivalent effect between Member States. I am therefore advised that a prohibition on the importation of electricity generated with the use of nuclear energy would be highly unlikely to have a legal justification even if it were technically feasible. I am further advised that it is not technically possible to guarantee that electricity imported over an interconnector is not generated from nuclear sources as it is not physically possible to prevent the flow of nuclear generated electricity onto the network. Nor is it possible to dis- tinguish the flow of electricity across interconnectors by reference to the original source of supply or generation.

Telecommunications Services. 136. Deputy Jan O’Sullivan asked the Minister for Communications, Energy and Natural Resources his views on the growing digital divide across rural and urban Ireland as outlined in a report of the Central Statistics Office; the steps he is taking to combat the growth of a digital divide; and if he will make a statement on the matter. [43624/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Broad- band services are crucial in bridging digital divide. The provision of telecommunications services including broadband is, in the first instance, a matter for the private sector. Broadband service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. The widespread provision of broadband services continues to be a priority for the Govern- ment. In that regard, my Department has undertaken initiatives to address the gaps in broad- band coverage. These included providing grant-aid under the now concluded Group Broadband Scheme (GBS) and ongoing investment in Metropolitan Area Networks (MANs).

297 Questions— 2 December 2008. Written Answers

[Deputy Eamon Ryan.]

Although broadband is now widely available in Ireland there are still some parts of the country where the private sector will be unable to justify the commercial provision of broad- band services. These areas are being addressed by the National Broadband Scheme (NBS), which will ensure that all requests for a broadband service in the areas to be addressed by the NBS will be met. On the 25 November 2008 I announced that 3, a Hutchison Whampoa company, has been selected as the preferred tenderer for the NBS following the conclusion of a comprehensive competitive procurement process. The NBS contract is expected to be signed with 3 by mid- December. NBS consumers will be provided with a reliable and price competitive broadband connection consisting of an always-on service of at least 1mbps. The service will be upgraded to higher specifications during the 68-month contract without any increase in charge to the consumer.

Unemployment Levels. 137. Deputy Sea´n Sherlock asked the Taoiseach the monthly breakdown commencing January 2008, of the number of people who have signed on to receive unemployment benefit in the towns of Mallow, Fermoy, Mitchelstown, Cobh, Youghal and Midleton, County Cork; and if he will make a statement on the matter. [43767/08]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The Live Register series gives a monthly breakdown of the number of people claiming Jobseeker’s Benefit, Job- seeker’s Allowance and other registrants as registered with the Department of Social and Family Affairs. Figures are published for each county and each local social welfare office. The most recent information is for October 2008. The table contains the number of persons signing on in each local social welfare office in County Cork for each month in 2008. It should be noted that there is no local social welfare office in Mitchelstown.

Persons on the Live Register (Number) in County Cork by Social Welfare Office and month

2008 Jan 2008 Feb 2008 Mar 2008 Apr 2008 May

Cork County Total 17,670 18,378 19,177 18,951 19,552

Bandon 660 693 710 697 725 Bantry 396 410 415 441 396 Bantry (SWLO) 161 161 184 174 163 Carrigaline 773 815 874 878 873 Clonakilty 515 500 527 526 547 Cobh 441 461 479 462 456 Cork City 8224 8620 9037 8969 9368 Fermoy 1,092 1,111 1,179 1,148 1,179 Kinsale 659 661 659 679 709 Macroom 593 633 664 638 678 Mallow 957 1,044 1,085 1,046 1,082 Midleton 1,282 1,277 1,323 1,340 1,357 Newmarket 624 650 660 644 693 Skibbereen 413 444 459 425 428 Youghal 880 898 922 884 898

298 Questions— 2 December 2008. Written Answers

2008 Jun 2008 Jul 2008 Aug 2008 Sep 2008 Oct

Cork County Total 21,762 23,581 24,464 23,753 24,210

Bandon 811 878 901 881 951 Bantry 404 489 521 479 508 Bantry (SWLO) 174 186 187 180 182 Carrigaline 1,008 1,163 1,176 1,136 1,211 Clonakilty 598 642 652 649 693 Cobh 524 539 570 536 608 Cork City 10,540 11,338 11,900 11,575 11,295 Fermoy 1,330 1,470 1,538 1,490 1,538 Kinsale 723 758 800 813 843 Macroom 737 816 852 856 935 Mallow 1,206 1,291 1,319 1,290 1,272 Midleton 1,492 1,602 1,611 1,588 1,643 Newmarket 753 836 855 813 924 Skibbereen 488 537 544 491 528 Youghal 974 1,036 1,038 976 1,079

Tax Code. 138. Deputy Joe McHugh asked the Ta´naiste and Minister for Enterprise, Trade and Employment the initiatives she has undertaken since her appointment to support Border busi- nesses in this State who are at a competitive disadvantage because of the weakness of sterling, and because of the relatively low VAT rate there. [43436/08]

142. Deputy John Deasy asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment if her attention has been drawn to the fact that following the announcement in the United Kingdom pre budget report that the rate of value added tax in the UK will be reduced to 15% , the Irish rate will be 6.5% greater than in the UK and that this, combined with the fall in the value of sterling, is causing trading problems to retail outlets and other small businesses; the measures she plans to alleviate these adverse effects; and if she will make a statement on the matter. [43825/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 138 and 142 together. Any comparison of the respective VAT rates between the UK and Ireland must take account of the fact that the fiscal positions of both countries are very different. In this regard it should be borne in mind that Ireland already has a low tax economy by comparison with other compet- ing economies, especially in the area of direct taxation on both business and labour, which has a direct impact on all companies and workers in the State. This lower starting position for taxation makes it more difficult to reduce taxes further. I am aware that some businesses in the retail sector have taken initiatives to respond to the sterling differential and the effect of the VAT rate in the North. My Department does not have programmes or policies to specifically support the retail sector. However, my development agencies are providing specialised assistance to firms to help them develop products and services that are better able to withstand purely cost-based competitive pressures. Total Enterprise Ireland approvals to the end of November across the Border region were \9.86m to 122 companies and payments up to the end of November totalled \8.66m to 152 companies. 299 Questions— 2 December 2008. Written Answers

[Deputy Mary Coughlan.]

Enterprise Ireland has more than 730 client companies, employing more than 21,400 people across the Border region. Enterprise Ireland Border regional offices are involved in various support activities aimed at developing capabilities and encouraging companies that are cur- rently only trading locally to expand their markets abroad. The County Enterprise Boards (CEBs) play an extremely important role in the development of indigenous enterprise in the Border region and it is my intention that an appropriate level of financial support for all CEBs will continue to be made available. The local base of the CEBs who are responsible for the delivery of the micro-enterprise measure in the Border regions means that the projects supported are tailored to the particular needs of that regional economic environment. In relation to non-financial support the CEBs engage in a range of activities to stimulate enterprise and to support small businesses such as mentoring and train- ing programmes.

Live Register. 139. Deputy Jimmy Deenihan asked the Ta´naiste and Minister for Enterprise, Trade and Employment if she will host a special event in Tralee, County Kerry, together with the CEO’s of Industrial Development Authority, Enterprise Ireland and FA´ S to address the serious increase in the live register in County Kerry, which represents a yearly change of 67% and a monthly change of 12%, the highest in the country; and if she will make a statement on the matter. [43551/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The recent increase in the numbers on the live register is unwelcome and is an indication of the challenges that are now facing the labour market and the economy as a whole. The Government is taking specific measures to address these challenges and to ensure that job losses are minimised as much as possible. Our priority is to create the environment that will allow those who have lost their jobs to quickly return to the labour market. The enterprise development agencies, along with FA´ S, are actively engaged in facilitating job opportunities in Kerry. IDA Ireland’s strategy for Kerry has been to promote the county as part of an integrated region with access both to the county population as well as to the expanded population of both the Mid West and South West Regions. At the end of 2007 there were 16 IDA Ireland sup- ported companies in Kerry employing approximately 1,838 people. Based on the strengths of the region IDA Ireland is particularly targeting the ICT (incl. software), International Financial Services and Globally Traded Business sectors via its network of overseas offices and project divisions. In Tralee, IDA Ireland is marketing Shannon Development’s Kerry Technology Park. Enterprise Ireland has provided over \2m in capital as well as other supports for the develop- ment of Incubation facilities also located in the Park. IDA Ireland continues to market all available land and buildings in the county including its 12 acre Business and Technology Park at Tiernaboul, Killarney, Co. Kerry. New indigenous companies have also been established and have created new employment in the county. In 2007 an investment of \21 million was announced under the Community Enterprise Centre scheme which will run over three years (2007-2009). It is expected to gener- ate 330 new businesses and create over 1500 new jobs. In September 2008, 70 new jobs were announced for Aetna in Castleisland. Earlier this year it was announced that the Tralee-based company Donseed Ltd is to invest \1.2m to accelerate international growth. This investment

300 Questions— 2 December 2008. Written Answers will enhance the company’s in house R&D and sales functions and create 26 new high-value positions at the company over the next two years. In response to the changes in the labour market, the FA´ S Training Centre in Tralee is currently finalising activity proposals for next year. A new range of training initiatives will be rolled out, which include a number of new short courses, of approximately six weeks duration, which will be scheduled through contract arrangements at locations throughout Kerry. These courses are aimed at providing additional skills to recently unemployed people with a view to equipping them to quickly re-enter the work force. Additional places will also be offered to the unemployed who wish to participate in self- financing evening courses at a number of venues in the county. Also, on-line training options using a number of learning supports will be available with priority access for the unemployed. The Government and the State development agencies, under the aegis of my Department, are fully committed to meeting the economic and employment challenges being faced in Kerry.

Community Employment. 140. Deputy Charles Flanagan asked the Ta´naiste and Minister for Enterprise, Trade and Employment the number of persons registered on community employment schemes in County Laois each year for the past five years; and if she will make a statement on the matter. [43744/08]

141. Deputy Charles Flanagan asked the Ta´naiste and Minister for Enterprise, Trade and Employment the number of persons registered on community employment schemes in County Offaly each year for the past five years; and if she will make a statement on the matter. [43745/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): I propose to take Questions Nos. 140 and 141 together. Community Employment (CE) is an active labour market programme designed to provide eligible long term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a fixed term basis. CE helps unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to a work routine and to assist them to enhance/develop both their technical and personal skills. The information requested by the Deputy in relation to the number of persons registered on Community Employment Schemes in County Laois and County Offaly for each of the past five years is set out as follows.

Community Employment Registrants

2003 2004 2005 2006 2007 Current

Laois 264 344 331 318 310 301 Offaly 311 394 389 398 375 369

Total 575 738 720 716 685 670

Question No. 142 answered with Question No. 138.

301 Questions— 2 December 2008. Written Answers

Work Permits. 143. Deputy Jack Wall asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment further to Parliamentary Question No. 148 of 18 November 2008 (details supplied), the details of the information requested; the position in relation to same; and if she will make a statement on the matter. [43844/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): An Appeals Officer has contacted the company in question and has requested the relevant additional information in relation to the applicant’s passport. The application is cur- rently being considered and following receipt of this additional information a decision will issue within two days.

FA´ S Training Programmes. 144. Deputy Olwyn Enright asked the Ta´naiste and Minister for Enterprise, Trade and Employment the numbers of FA´ S registered apprentices whose employment has been termin- ated due to insufficient work being available to sustain their employment as an apprentice; the number who have informed FA´ S Services to Business of their redundant status; the number who have registered with their local FA´ S employment services office for assistance in securing new employment to enable them to continue their apprenticeship; the way same will take place; the number who have availed of the interim measure whereby apprentices who are made redundant can progress to the next off-the-job training phase of their apprenticeship; and if she will make a statement on the matter. [43906/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The current apprenticeship population is 26,479 and, of these, FA´ S has been notified by 2,859 of these that they have been made redundant. Of these notifications, 2,359 were recorded to date in 2008. All apprentices who become redundant and notify FA´ S, either through FA´ S Services to Business or FA´ S Employment Services, are captured on the same IT system. It tracks the current training and employment status of persons throughout their apprenticeship. In addition, FA´ S has agreed with the Department of Social and Family Affairs that appren- tices who make a claim for Jobseeker Allowance/Benefit, will be directly referred to FA´ S for assistance. Following such referrals FA´ S works closely with apprentices to support them in obtaining suitable employment and to allow them to complete their apprenticeship as soon as possible. When an apprentice is made redundant, and has notified FA´ S or the Department of Social and Family Affairs, the FA´ S Services to Business and FA´ S Employment Services Divisions work in collaboration to assist the apprentice in finding a new employer to allow them to complete their apprenticeship. Data regarding the placement of redundant apprentices with new employers is only available on an aggregate basis for 2007/8. During this period 757 redundant apprentices were placed with an employer. During 2007/8 a further 133 redundant apprentices completed their appren- ticeships. Redundant apprentices are scheduled for their next off-the-job phase in accordance with the existing scheduling policy and priority is given to getting the apprentice back into employment to complete their apprenticeship with a FA´ S approved employer. FA´ S continues to work hard to match these redundant apprentices to vacancies in their trade. The Apprenticeship Management System has been altered as an interim measure to permit redundant apprentices to attend the next off-the-job phase of their training, within the existing scheduling policy. 439 redundant apprentices are attending one of the off-the-job phases

302 Questions— 2 December 2008. Written Answers

(phases 2, 4 and 6) and 505 redundant apprentices have been scheduled to attend on of these off-the-job phases. The detail of these figures is as follows:

• Phase 2: 123 of the 2,689 apprentices currently attending phase 2 are classified as redun- dant. In addition, 68 of the 763 apprentices who are due to attend phase 2 within the next 12 weeks are classified as redundant.

• Phases 4 and 6: 316 of the 3,832 apprentices currently attending phases 4 and 6 are classified as redundant. In addition, 437 of the 3,720 apprentices who are due to attend phases 4 and 6 in January 2009 are classified as redundant.

Work Permits. 145. Deputy Michael Creed asked the Ta´naiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 154 of 25 November 2008, the industries to which work permits were granted; the nationalities of those granted permits who entered each respective industry; and if she will make a statement on the matter. [43925/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): Information in relation to the industries and nationalities to which permits were granted in 2008 is set out in the following table.

Nationality Sector New Renewals Issued Refused Permits

8,057 4,880 12,937 2,181

Albania 2 17 19 3 Agriculture & Fisheries 0220 Catering 1671 Industry 0110 Service Industry 1892

Albanian 0110

Service Industry 0110

Algeria 13 21 34 4

Catering 7 15 22 3 Domestic 0110 Education 1120 Entertainment 0110 Industry 1120 Service Industry 4261

Argentina 27 7 34 7

Agriculture & Fisheries 6284 Catering 0001 Education 0110 Industry 5050 Medical & Nursing 3141 Service Industry 9 3 12 1 Sport 4040

303 Questions— 2 December 2008. Written Answers

[Deputy Billy Kelleher.] Nationality Sector New Renewals Issued Refused Permits

Armenia 5160

Service Industry 5160

Australia 287 101 388 82

Agriculture & Fisheries 1122 Catering 6 6 12 9 Domestic 0220 Education 16 7 23 2 Entertainment 5162 Industry 27 5 32 8 Medical & Nursing 102 31 133 19 Service Industry 115 45 160 39 Sport 15 3 18 1

Azerbaijan 3030

Service Industry 3030

Bahrain 10 1 11 1

Medical & Nursing 10 1 11 1

Bangladesh 122 148 270 75

Catering 93 116 209 69 Education 4040 Entertainment 0110 Industry 2681 Medical & Nursing 2460 Service Industry 21 21 42 5

Barbados 2131

Catering 0110 Industry 0001 Sport 2020

Belarus 39 92 131 9

Agriculture & Fisheries 1780 Catering 6 29 35 2 Domestic 1120 Education 0110 Industry 2792 Medical & Nursing 1230 Service Industry 28 45 73 5

Belize 1010

Service Industry 1010

Benin 0001

Service Industry 0001

304 Questions— 2 December 2008. Written Answers

Nationality Sector New Renewals Issued Refused Permits

Bhutan (Kingdom of) 1120

Education 1120

Bosnia Herzegovina 3 17 20 2

Catering 0001 Education 0001 Service Industry 3 17 20 0

Botswana 18 5 23 5

Education 1010 Medical & Nursing 16 3 19 4 Service Industry 1231

Brazil 358 226 584 136

Agriculture & Fisheries 106 57 163 28 Catering 31 25 56 10 Domestic 1121 Education 1342 Entertainment 1010 Industry 39 17 56 29 Medical & Nursing 7 3 10 9 Service Industry 172 119 291 56 Sport 0111

Brunei 010

Medical & Nursing 1010

Bulgaria 21 0 21 23

Agriculture & Fisheries 4040 Catering 2026 Industry 3034 Medical & Nursing 2021 Service Industry 10 0 10 12

Burma 1010

Catering 1010

Cambodia (Kampuchea) 0001

Education 0001

Cameroon 1340

Catering 0110 Entertainment 0110 Medical & Nursing 1010 Service Industry 0110

305 Questions— 2 December 2008. Written Answers

[Deputy Billy Kelleher.] Nationality Sector New Renewals Issued Refused Permits

Canada 162 44 206 31

Agriculture & Fisheries 0001 Catering 4263 Education 4 10 14 2 Entertainment 1230 Exchange Agreements 1010 Industry 16 5 21 2 Medical & Nursing 40 5 45 10 Service Industry 94 20 114 13 Sport 2020

Cape Verde 0110

Industry 0110

Chile 6 4 10 2

Catering 1120 Education 1120 Industry 1011 Service Industry 3251

China 389 236 625 227

Agriculture & Fisheries 8 13 21 0 Catering 95 129 224 107 Domestic 0222 Education 8 11 19 2 Entertainment 2020 Industry 77 19 96 28 Medical & Nursing 24 8 32 15 Service Industry 174 52 226 73 Sport 1230

Colombia 10 0 10 0

Agriculture & Fisheries 1010 Industry 2020 Service Industry 7070

Congo Republic of 1011

Education 0001 Service Industry 1010

Congo (Democratic Republic 1120 of) Catering 1010 Service Industry 0110

Costa Rica 2022

Industry 1010 Service Industry 1012

306 Questions— 2 December 2008. Written Answers

Nationality Sector New Renewals Issued Refused Permits

Croatia 30 22 52 7

Catering 1010 Domestic 1010 Education 0110 Entertainment 0111 Exchange Agreements 1010 Industry 3142 Medical & Nursing 2130 Service Industry 22 18 40 4

Cuba 4260

Catering 0110 Service Industry 0110 Sport 4040

Cyprus 0002

Catering 0001 Service Industry 0001

Ecuador 1120

Industry 1010 Service Industry 0110

Egypt 36 40 76 30

Agriculture & Fisheries 1 12 13 0 Catering 14 17 31 10 Education 0221 Industry 2023 Medical & Nursing 3140 Service Industry 16 8 24 16

El Salvador 3032

Catering 1010 Medical & Nursing 0002 Service Industry 2020

Ethiopia 2242

Catering 2021 Education 0110 Service Industry 0111

Fiji 3141 Sport 3141

Georgia 4263

Agriculture & Fisheries 1010 Catering 2240 Industry 1010 Service Industry 0003

307 Questions— 2 December 2008. Written Answers

[Deputy Billy Kelleher.] Nationality Sector New Renewals Issued Refused Permits

Ghana 5161

Exchange Agreements 1010 Industry 1010 Medical & Nursing 2131 Service Industry 1010

Grenada 2020

Service Industry 1010 Sport 1010

Guatemala 0222

Education 0220 Service Industry 0002

Guinea 0001

Service Industry 0001

Guyana 1010

Sport 1010

Haiti 0110

Service Industry 0110

Honduras 0220

Catering 0220

Hong Kong 15 11 26 16

Agriculture & Fisheries 0110 Catering 10 9 19 9 Industry 0004 Medical & Nursing 1011 Service Industry 4152

India 2,205 964 3,169 272

Agriculture & Fisheries 22 11 33 2 Catering 203 150 353 58 Domestic 13 7 20 2 Education 18 14 32 5 Industry 221 79 300 10 Medical & Nursing 869 314 1183 98 Service Industry 858 389 1247 97 Sport 1010

Indonesia 10 18 28 10

Catering 5 13 18 6 Domestic 0001 Industry 2130 Service Industry 3473

308 Questions— 2 December 2008. Written Answers

Nationality Sector New Renewals Issued Refused Permits

Iran 11 10 21 3

Catering 0330 Education 1010 Industry 4040 Medical & Nursing 1010 Service Industry 5 7 12 3

Iraq 5381

Education 1010 Entertainment 0220 Industry 0001 Medical & Nursing 1010 Service Industry 3140

Israel 91 8 99 4

Catering 2021 Education 1230 Industry 72 1 73 0 Medical & Nursing 1010 Service Industry 15 5 20 3

Ivory Coast 0002

Service Industry 0002

Jamaica 1340

Agriculture & Fisheries 0110 Catering 0220 Industry 1010

Japan 42 19 61 11

Agriculture & Fisheries 2132 Catering 2133 Education 2022 Entertainment 5050 Industry 5162 Medical & Nursing 8 3 11 1 Service Industry 18 13 31 1

Jordan 15 6 21 4

Education 2020 Industry 2020 Medical & Nursing 5491 Service Industry 6283

309 Questions— 2 December 2008. Written Answers

[Deputy Billy Kelleher.] Nationality Sector New Renewals Issued Refused Permits

Kazakhstan 6392

Catering 0001 Exchange Agreements 1010 Industry 0001 Service Industry 5380

Kenya 14 2 16 6

Industry 1011 Medical & Nursing 4043 Service Industry 9 2 11 2

Korea (Democratic Peoples 1010 Republic of (North)) Service Industry 1010

Korea (Democratic Peoples 1120 Republic of (South)) Medical & Nursing 0110 Service Industry 1010

Korea (Republic of (South)) 35 9 44 10

Catering 0110 Education 0220 Industry 8080 Medical & Nursing 1011 Service Industry 26 6 32 9

Kosovo 2 11 13 1

Catering 1780 Industry 0221 Service Industry 1230

Kuwait 5051

Medical & Nursing 5050 Service Industry 0001

Kyrgyz Republic 5160

Agriculture & Fisheries 3030 Service Industry 0110 Sport 2020

Latvia 5 6 11 4

Agriculture & Fisheries 0332 Catering 0110 Industry 0111 Medical & Nursing 0001 Service Industry 5160

310 Questions— 2 December 2008. Written Answers

Nationality Sector New Renewals Issued Refused Permits

Latvia (Alien) 1 11 12 1

Agriculture & Fisheries 1231 Catering 0110 Industry 0220 Service Industry 0660

Lebanon 6 4 10 0

Catering 0220 Industry 1010 Medical & Nursing 1010 Service Industry 4260

Libya 1121

Catering 0110 Medical & Nursing 1010 Service Industry 0001

Macau 0001

Industry 0001

Macedonia (FYR) 3030

Industry 1010 Service Industry 2020

Malawi 7180

Education 1010 Medical & Nursing 0110 Service Industry 6060

Malaysia 359 155 514 91

Agriculture & Fisheries 0221 Catering 75 84 159 58 Domestic 0330 Education 1340 Industry 4590 Medical & Nursing 202 21 223 10 Service Industry 77 37 114 22

Maldives 0110

Education 0110

Mauritania 2134

Catering 1121 Medical & Nursing 1013

311 Questions— 2 December 2008. Written Answers

[Deputy Billy Kelleher.] Nationality Sector New Renewals Issued Refused Permits

Mauritius 45 10 55 64

Catering 8 6 14 20 Education 1011 Industry 5055 Medical & Nursing 20 2 22 12 Service Industry 11 2 13 26

Mexico 20 8 28 7

Catering 2240 Education 3031 Entertainment 0110 Industry 3142 Service Industry 12 4 16 4

Moldova 79 122 201 19

Agriculture & Fisheries 12 16 28 1 Catering 16 26 42 5 Domestic 2021 Education 1120 Entertainment 0220 Industry 6 17 23 4 Medical & Nursing 3361 Service Industry 39 55 94 7 Sport 0220

Mongolia 2463

Catering 0221 Industry 1010 Medical & Nursing 0111 Service Industry 1121

Morocco 34 17 51 21

Agriculture & Fisheries 0111 Catering 9 9 18 8 Education 1010 Entertainment 15 2 17 5 Industry 0001 Service Industry 9 5 14 5 Sport 0001

Myanmar (Formerly Burma) 10 7 17 0

Catering 7 6 13 0 Medical & Nursing 1010 Service Industry 2130

Namibia 1120

Medical & Nursing 0110 Service Industry 1010

312 Questions— 2 December 2008. Written Answers

Nationality Sector New Renewals Issued Refused Permits

Nepal 29 9 38 12

Agriculture & Fisheries 6170 Catering 12 5 17 9 Domestic 0001 Education 2020 Entertainment 2020 Industry 1120 Medical & Nursing 2020 Service Industry 4262

New Zealand 155 59 214 49

Agriculture & Fisheries 4372 Catering 5492 Education 2461 Entertainment 1011 Industry 14 5 19 6 Medical & Nursing 32 8 40 4 Service Industry 83 32 115 30 Sport 14 3 17 3

Nicaragua 3031

Industry 2020 Service Industry 1011

Niger 1010

Education 1010

Nigeria 90 56 146 43

Catering 0554 Domestic 1120 Education 3361 Entertainment 1011 Industry 3362 Medical & Nursing 57 25 82 21 Service Industry 25 18 43 14 Sport 0110

Oman 3141

Medical & Nursing 2131 Service Industry 1010

313 Questions— 2 December 2008. Written Answers

[Deputy Billy Kelleher.] Nationality Sector New Renewals Issued Refused Permits

Pakistan 203 152 355 152

Agriculture & Fisheries 19 29 48 11 Catering 53 54 107 77 Domestic 1121 Education 3584 Entertainment 0110 Industry 21 5 26 12 Medical & Nursing 13 2 15 7 Service Industry 92 53 145 40 Sport 1230

Palestine 3030

Service Industry 3030

Panama 0001

Industry 0001

Paraquay 1011

Education 0001 Service Industry 1010

Peru 0330

Catering 0110 Domestic 0110 Medical & Nursing 0110

Philippines 962 1,147 2,109 209

Agriculture & Fisheries 12 15 27 1 Catering 119 140 259 28 Domestic 82 106 188 30 Education 16 11 27 3 Entertainment 0002 Industry 55 63 118 9 Medical & Nursing 321 419 740 65 Service Industry 354 390 744 71 Sport 3360

Romania 119 6 125 65

Agriculture & Fisheries 8083 Catering 7 1 8 11 Domestic 1010 Education 4260 Entertainment 0001 Industry 35 0 35 16 Medical & Nursing 19 2 21 6 Service Industry 45 1 46 28

314 Questions— 2 December 2008. Written Answers

Nationality Sector New Renewals Issued Refused Permits

Russian Federation 89 75 164 27

Agriculture & Fisheries 1672 Catering 5 10 15 2 Domestic 0110 Education 9 11 20 5 Entertainment 0001 Industry 13 5 18 1 Medical & Nursing 2461 Service Industry 58 38 96 15 Sport 1010

Samoa (USA) 6280

Service Industry 1010 Sport 5270

San Marino 1010

Service Industry 1010

Saudi Arabia 0002

Service Industry 0002

Senegal 0110

Education 0110

Serbia 12 2 14 3

Education 1010 Exchange Agreements 1010 Industry 1010 Service Industry 9 2 11 3

Sierra Leone 1010

Service Industry 1010

Singapore 22 2 24 3

Agriculture & Fisheries 1010 Catering 1011 Education 1121 Medical & Nursing 12 0 12 0 Service Industry 7181

Solomon Islands 0001

Sport 0001

315 Questions— 2 December 2008. Written Answers

[Deputy Billy Kelleher.] Nationality Sector New Renewals Issued Refused Permits

South Africa 405 289 694 110

Agriculture & Fisheries 5 6 11 1 Catering 26 30 56 19 Domestic 1231 Education 18 12 30 5 Entertainment 0330 Industry 39 21 60 15 Medical & Nursing 119 65 184 19 Service Industry 179 147 326 46 Sport 18 3 21 4

Sri Lanka 51 30 81 10

Catering 37 25 62 5 Education 1010 Entertainment 1010 Industry 1120 Medical & Nursing 2020 Service Industry 9 4 13 5

St Vincent and the Grenadines 3030

Medical & Nursing 1010 Service Industry 1010 Sport 1010

Sudan 6176

Catering 0001 Medical & Nursing 4155 Service Industry 2020

Swaziland 0001

Education 0001

Syria 8 3 11 5

Catering 1012 Education 0110 Medical & Nursing 0111 Service Industry 7182

Taiwan 2131

Education 1120 Industry 0001 Medical & Nursing 1010

Taiwan (Republic of China) 1010

Medical & Nursing 1010

Tanzania 0110

Education 0110

316 Questions— 2 December 2008. Written Answers

Nationality Sector New Renewals Issued Refused Permits

Thailand 104 128 232 57

Agriculture & Fisheries 3 17 20 3 Catering 89 97 186 43 Domestic 1010 Industry 2130 Medical & Nursing 1120 Service Industry 8 12 20 11

The Republic of Togo 0001

Catering 0001

Tibet 2020

Medical & Nursing 2020

Timor East 1010

Medical & Nursing 1010

Tonga 6061

Sport 6061

Trinidad & Tobago 12 1 13 2

Catering 0002 Industry 0110 Medical & Nursing 10 0 10 0 Service Industry 2020

Tunisia 10 7 17 5

Catering 2684 Industry 1010 Medical & Nursing 0001 Service Industry 6170 Sport 1010

Turkey 72 34 106 17

Catering 9 12 21 3 Education 2241 Exchange Agreements 1010 Industry 21 3 24 3 Medical & Nursing 0110 Service Industry 39 16 55 10

Turkmenistan 1010

Entertainment 1010

317 Questions— 2 December 2008. Written Answers

[Deputy Billy Kelleher.] Nationality Sector New Renewals Issued Refused Permits

Uganda 3141

Education 1010 Medical & Nursing 1010 Service Industry 1121

Ukraine 222 242 464 50

Agriculture & Fisheries 64 100 164 22 Catering 12 23 35 3 Domestic 2240 Education 3360 Entertainment 2020 Industry 23 18 41 1 Medical & Nursing 3472 Service Industry 111 91 202 22 Sport 2130

United Arab Emirates 12 1 13 0

Medical & Nursing 12 1 13 0

United States of America 697 126 823 88

Agriculture & Fisheries 3034 Catering 12 4 16 12 Domestic 1010 Education 48 12 60 7 Entertainment 2240 Exchange Agreements 4040 Industry 142 12 154 10 Medical & Nursing 42 15 57 8 Service Industry 414 80 494 44 Sport 29 1 30 3

Uruguay 3361

Industry 0220 Service Industry 3141

Uzbekistan 1452

Industry 0110 Medical & Nursing 0110 Service Industry 1232

Venezuela 5492

Catering 1121 Industry 1010 Medical & Nursing 0110 Service Industry 3251

318 Questions— 2 December 2008. Written Answers

Nationality Sector New Renewals Issued Refused Permits

Vietnam 24 11 35 7

Catering 3586 Domestic 1010 Education 1010 Industry 17 4 21 0 Medical & Nursing 0001 Service Industry 2240

West Indies 1010

Medical & Nursing 1010

Western Samoa 1121

Sport 1121

Yemen 2020

Medical & Nursing 1010 Service Industry 1010

Yugoslavia (Federal Republic 13 16 29 7 of) Catering 1231 Education 1120 Industry 4482 Service Industry 4 9 13 4 Sport 3030

Zambia 7181

Catering 0001 Education 1010 Medical & Nursing 2020 Service Industry 4150

Zimbabwe 66 38 104 12

Agriculture & Fisheries 0221 Catering 5380 Education 3250 Industry 1452 Medical & Nursing 32 18 50 7

Employment Permits issued to the Meat Industry to 28 November 2008

Number

New Permits 324 Renewal Permits 213 Applications Refused 55

Total 592

319 Questions— 2 December 2008. Written Answers

[Deputy Billy Kelleher.]

Nationality Number of Permits Issued

Algeria 2 Bangladesh 2 Belarus 1 Brazil 382 China 2 Egypt 33 India 2 Latvia (Alien) 4 Lybian 1 Malaysia 2 Maurititius 2 Moldova 19 Pakistan 18 Philippines 11 Romania 15 Russian Federation 3 South Africa 9 Ukraine 84

Total 592 Employment Permits Section Nov 2008.

146. Deputy Michael Creed asked the Ta´naiste and Minister for Enterprise, Trade and Employment the number of work permits issued to the meat industry in 2008; the nationalities in receipt of these permits; and if she will make a statement on the matter. [43926/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): A total of 592 Employment Permits which includes 213 renewed permits has been issued to the meat industry to 28 November 2008. A breakdown of this number and nationalit- ies can be found in the following table.

Employment Permits issued to the Meat Industry to 28 November 2008

Number

New Permits 324 Renewal Permits 213 Applications Refused 55

Total 592

Nationality Number of Permits Issued

Algeria 2 Bangladesh 2 Belarus 1 Brazil 382 China 2

320 Questions— 2 December 2008. Written Answers

Nationality Number of Permits Issued

Egypt 33 India 2 Latvia (Alien) 4 Libya 1 Malaysia 2 Mauritius 2 Moldova 19 Pakistan 18 Philippines 11 Romania 15 Russian Federation 3 South Africa 9 Ukraine 84

Total 592 Employment Permits Section Nov 2008.

Services Sector. 147. Deputy Denis Naughten asked the Ta´naiste and Minister for Enterprise, Trade and Employment the steps which have been taken to date to implement the recommendations of the services strategy group; the forthcoming actions on this report; and if she will make a statement on the matter. [43934/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I launched the report of the Services Strategy Group, “Catching the Wave: A Services Strategy for Ireland” in September. This report sets out new policy proposals on how we can ensure the continued development and growth of Ireland’s services sector. The report aims to develop a comprehensive, forward-looking assessment of how to maxi- mise the returns to Ireland from services activities, and in so doing it identifies three strategic aims for future services policy in Ireland:

1. Realising the opportunities to further grow and diversify Irish services exports;

2. Encouraging internationalisation, where Irish service enterprises establish operations in overseas markets;

3. Recognising the important role of Irish service enterprises that trade locally on the domestic market, and ensuring that these are efficient and productive. The report makes a number of wide ranging recommendations, which cut across a number of Government Departments. The Secretary-General of my Department has written to his counterparts in other Departments seeking their views on those recommendations that fall within their policy remit and how these might be implemented. In addition, officials of my own Department are currently undertaking an examination of the recommendations within the report, relevant to the enterprise agenda, When this process is complete, I expect to be in a position to formulate a comprehensive response to the various recommendations set out in the strategy. Actions are already taking place in some areas. For example, on 19 November, I launched Enterprise Ireland’s strategy for the internationalisation of Ireland’s services sector, which the agency estimates could yield up to \1.14bn in new export sales for Ireland by 2010, and a 321 Questions— 2 December 2008. Written Answers

[Deputy Mary Coughlan.] doubling of exports sales in this sector to \5.25bn by 2015. On the same day I also announced Enterprise Ireland’s new “Going Global Fund” — a \3m government fund specifically aimed at locally traded companies that have successfully established businesses in Ireland and wish to explore opportunities to sell abroad. These plans and supports will give ambitious services firms, particularly those that have not looked beyond the Irish market yet, the confidence to offer their quality services in global markets, generating wealth and prosperity for the economy back home. We continue to be one of the world’s leading service exporting countries and are currently ranked the 10th highest exporter of services in the world. Over the next ten years, services will be one of the key drivers of Ireland’s economic success and job creation. We already have a strong base from which to drive this internationalisation of Irish services — the Irish services sector accounts for two-thirds of the workforce in Ireland and 60 per cent of the value. Implementation of the recommendations of the Services Strategy Group — some of which are already being acted on by the Enterprise Agencies — will enable Irish service companies to exploit new and exciting opportunities, such as eLearning, business and financial services, professional and consultancy services and others. Given a relatively solid foundation to begin with, Ireland can be an ideal location for services to develop and prosper.

Tax Code. 148. Deputy Fergus O’Dowd asked the Minister for Finance the fuel duty rebate received by Dublin Bus and Bus E´ ireann in the first three quarters of 2008; the way this compares against the corresponding quarters in 2007; and if he will make a statement on the matter. [43378/08]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that details of the repayments granted to particular taxpayers are confidential between the Revenue and those taxpayers. However, repayments in respect of mineral oil tax used in the provision of all passenger road transport services under Section 99, Finance Act 1999 (as amended) totalled \23,896,752 during the period 1 January to 30 September 2007 and \27,831,473 during the corresponding nine months of 2008. These figures represent the total repayments made to all claimants under the passenger road transport scheme during the periods in question.

Flood Relief. 149. Deputy Paul Kehoe asked the Minister for Finance if the Office of Public Works has received a request from a council (details supplied) to fund works in respect of summer flood- ing; and if provision has been made by his Department to fund such works. [44227/08]

150. Deputy Paul Kehoe asked the Minister for Finance if his Department has received a request from a county council (details supplied) to fund works in respect of summer flooding in an area; if provision has been made by his Department to fund such works; and if he will make a statement on the matter. [43358/08]

Minister of State at the Department of Finance (Deputy Martin Mansergh): I propose to take Questions Nos. 149 and 150 together. The Office of Public Works has not received a request for funding from Limerick County Council for works at Newcastle West. The OPW is currently examining potential options to mitigate the risk to the town of flooding from the River Arra, which is maintained by the Office. The aim of such measures would be

322 Questions— 2 December 2008. Written Answers to provide the level of protection normally afforded by urban flood relief schemes, i.e. protec- tion against flood events that would be expected to have a 1% chance of occurring each year. If options are identified that are economically and environmentally acceptable, they will be included in OPW’s flood relief programme, subject to other commitments and the availability of resources. The OPW is in discussion with Limerick County Council regarding the installation of an alarm system that would alert residents when water levels in the river are high.

Pension Provisions. 151. Deputy Joan Burton asked the Minister for Finance the value of the National Pension Reserve Fund; the estimate of its expected value at the end of 2008, 2009 and 2025; the rate of return to the fund for the years 2006, 2007 and to date in 2008; and if he will make a statement on the matter. [43359/08]

Minister for Finance (Deputy Brian Lenihan): The National Pensions Reserve Fund Com- mission publishes a report on the performance of the National Pensions Reserve Fund at the end of each quarter. The report for the third quarter of this year shows that the market value of the Fund at 30 September was \18.7 billion. This represented a return of -17.3% for the first nine months of 2008, reducing the Fund’s annualised return since inception to 2.8%. As the Deputy will appreciate, investment returns have been extremely volatile in recent times. For example, the Fund’s return was 12.4% in 2006 and 3.3% in 2007, and the Fund’s annualised return from its inception in April 2001 to end-2007 was 6.0%. In relation to estimates for the end of this year and for 2009, the National Pensions Reserve Fund Commission does not make near-term return projections given the Fund’s long-term investment horizon, the fact it is invested mainly in real assets and the volatility of the perform- ance of such assets over short time periods. I do not propose to speculate on the value of the Fund in 2025. In its 2007 Annual Report, the Commission states that, in seeking to meet the Fund’s objective, it has adopted an invest- ment strategy primarily focused on building up a diversified portfolio of equities and other real assets. Such an asset allocation offers the prospect of superior long-term returns but can expose the Fund to high levels of short-term volatility. However, one of the critical factors underlying the Commission’s investment strategy is the Fund’s long-term investment horizon. With no drawdowns before 2025, it can afford to accept periods of volatility as a trade-off for achieving a long-term return that will make a meaningful contribution to Ireland’s future pension costs and the sustainability of the pension system.

Departmental Properties. 152. Deputy Ulick Burke asked the Minister for Finance further to Parliamentary Question No. 256 of 2 October 2008, the cost for each of the years 2006 and 2007 of leasing office space at Dock Gate in Galway city on behalf of the Department of Agriculture, Fisheries and Food; the area being utilised by the Department as against the area originally leased from the devel- opers; the cost of the parking spaces provided to service the personnel at the location; and if he will make a statement on the matter. [43403/08]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The annual rent for the office space at Dockgate in Galway was \744,825.84 for 2006 and 2007. This included a cost of \53,646.45 per annum for 65 car park spaces. In addition, service charges of approxi- mately \74,000 were paid each year. The entire space leased by the Commissioners of Public Works at this location is allocated to the Department of Agriculture, Fisheries and Food. I understand from the Department that

323 Questions— 2 December 2008. Written Answers

[Deputy Martin Mansergh.] the space is being utilised for staff in the Veterinary Office, Agricultural Environment and Structures Office, Inspectorate, Irish Language Unit, and is being considered as a location to accommodate other Department staff in Galway City and County.

Tax Collection. 153. Deputy Joan Burton asked the Minister for Finance further to Parliamentary Question No. 178 of 12 November 2008, the amount of tax for each of the categories, with an identical breakdown, paid by public servants; and if he will make a statement on the matter. [43404/08]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that comparable information is not compiled separately in respect of public sector employees and there is, therefore, no statistical basis on which the information requested by the Deputy could be provided.

Tax Code. 154. Deputy Joan Burton asked the Minister for Finance his views on whether there are many motorists escaping the payment of VRT by driving foreign registered cars which remain undeclared to the authorities here; the amount of revenue he estimates to be lost to the Exchequer on an annual basis as a result; the measures in place to crack down on this practice; if he will bring in more stringent measures to ensure that significant amounts of VRT are not lost to the Exchequer and that cars are not being driven on roads here on a long-term basis without appropriate taxation being paid; if his attention has been drawn to the practice whereby car dealers import foreign cars which do not possess a correct TAN number and therefore escape the payment of VAT and VRT; the measures in place in order to crack down on this practice; if he will introduce further such measures; and if he will make a statement on the matter. [43431/08]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that as a general rule all vehicles imported permanently into the State must register for Vehicle Registration Tax (VRT) purposes within one working day of arrival. This rule applies equally to vehicles imported by EU and non EU persons. In practice, Revenue allows latitude of a maximum of seven days for registration. However, Section 135(a) of the Finance Act 1992 permits a European or other foreign- registered vehicle which is temporarily brought into the State by a person established outside the State to be exempted from the requirement to register for VRT purposes for a period normally not exceeding 12 months from the date upon which the vehicle concerned was brought into the State. There is no requirement for vehicles imported under temporary exemption provisions to be presented to the Revenue Commissioners in order to avail of the relief. Documents relating to ownership, registration and the importation of the vehicle into the State must be kept with the vehicle when it is in use in the State. When such vehicles fail to meet the conditions for temporary exemption, they must be permanently removed from the State or presented for registration. Details of such vehicles are therefore not normally captured or held in the vehicle registration system. Statutory Instrument No. 60 of 1993 prescribes the criteria for eligibility for the granting of temporary exemption on registration. These provisions are in line with Article 39 of the EU Treaty, which provides for the free movement of people within the EU; and a reciprocal arrangement is also in place for our own State residents in fellow Member States.

324 Questions— 2 December 2008. Written Answers

The Deputy may wish to note that Revenue mobile units and An Garda Sı´ocha´na continue to monitor both Irish and foreign-registered vehicles on our roads as part of their regular and ongoing enforcement activity. For their part, Revenue mobile units challenged 16,831 vehicles up to the end of October this year. Of these, some 12,177 satisfied Revenue officials that the registration status was in order at that particular time and no further action was taken. 2,142 vehicles were registered for VRT purposes as a direct consequence of these investigations and a further 1,286 were seized. In addition to the VRT collected, penalties in excess of \960,000 were charged in respect of these vehicles. Up to the end of October 2008, some 50,000 second hand vehicles were registered and the total VRT paid amounted to \170m. There is no doubt that there is some evasion of VRT with individuals delaying registration as long as possible. The Deputy will be aware that I have brought forward proposals in the Finance Bill to address this issue, by tightening the rules in relation to the registration of second hand vehicles and the late payment of VRT. Dealers in vehicles are entitled to import second-hand vehicles. If they are authorised to hold and deal in unregistered vehicles (TAN holders), they must register the vehicle on the sale of the vehicle to a private individual or other unauthorised person. If they are not a TAN holder, they must register the vehicle in the normal way. In relation to the registration of second hand vehicles by dealers who are either not TAN holders or who are abusing their authorised status, Revenue officials are constantly monitoring potential evasion of VRT and VAT. I am advised by Revenue that new measures to cancel an authorisation to hold unregis- tered vehicles introduced since the 2008 Finance Act are being implemented in specific cases of abuse of the authorised dealer status. I am very conscious of the area of VRT evasion and the distortion of competition. The measures I am introducing in the Finance Bill are part of our response. Ongoing enforcement activity by the various agencies within the sector — the Road Safety Authority, the Gardaı´, local authorities and Revenue — aim to ensure compliance with all aspects of traffic manage- ment of the national vehicle fleet. Indeed, it should be borne in mind that the right to import a vehicle, register it and pay the appropriate taxation on time is protected and honoured by the majority of those who source their vehicles abroad. Notwithstanding this, I believe the measures proposed in the Bill will improve the regulatory framework in this area.

155. Deputy Joe McHugh asked the Minister for Finance if he will take immediate action to address the competitive disadvantage which border businesses here are at relative to businesses in Northern Ireland. [43432/08]

157. Deputy Pat Breen asked the Minister for Finance if he has plans to reduce VAT rates in view of the recent decision by the UK; his views on the serious trading problems caused to small and medium enterprises here as a result of same; his plans to address this situation; and if he will make a statement on the matter. [43494/08]

163. Deputy John Deasy asked the Minister for Finance if his attention has been drawn to the fact that following the announcement in the United Kingdom pre budget report that the rate of value added tax in the UK will be reduced to 15%, the Irish VAT rate will be 6.5% greater than in the UK and that this, combined with the fall in the value of sterling, is causing trading problems to retail outlets and other small businesses; the fiscal measures he plans to alleviate these adverse effects; and if he will make a statement on the matter. [43824/08]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 155, 157 and 163 together.

325 Questions— 2 December 2008. Written Answers

[Deputy Brian Lenihan.]

As part of a fiscal stimulus package, the UK Government reduced their standard VAT rate from 17.5% to 15% on a temporary basis with effect from 1 December 2008 to 31 December 2009. There are no plans to make a similar reduction in the standard VAT rate in Ireland or to reduce the rate to the UK level of 15%. It must be recognised that our starting point is different from the UK’s. We already have a low taxation economy, especially in the area of direct taxation, both income and corporation taxes, which has a direct impact on all employment in the State. This lower starting position for direct taxation makes it is more difficult to reduce taxes further. Already we are borrowing 10% of all day to day spending on public services (before capital spending). This is unsustainable and we faced difficult choices in bringing forward corrective measures. In the recent Budget, the Government introduced a general package of revenue- raising measures to fund key public services in this regard, one measure of which was increasing the standard VAT rate by 0.5%. Each 1 percentage point reduction in our standard VAT rate would cost around \450 million in a full year. For Ireland to reduce the standard VAT rate by 2.5 percentage points would cost around \1,125 million in a full year. For Ireland to reduce the standard VAT rate to the UK level of 15%, which would mean a reduction in the standard VAT rate of 6.5 percentage points, would cost almost \3 billion in a full year. This is equivalent to around two and a half times the amount of revenues to be raised in a full year through the new income levy. Some of the goods and services that will be affected by the increase in the standard rate are alcohol, cigarettes, cars, petrol, electrical equipment, furniture, telecommunications, cosmetics, confectionery, soft drinks and adult clothing and footwear. The effect of the 0.5% increase in the standard rate is that goods and services that apply at this rate will increase by around 0.41%. In other words, it means an increase of 8 cent on an item costing \20, or 41 cent on an item costing \100. It should be noted that around half the value of goods and services purchased in the State are not subject to the standard VAT rate and therefore are unaffected by the recent Budget changes in Ireland and the UK. For example, all Government services, local authorities, hospitals and schools etc., are exempt from VAT. The majority of foodstuffs, oral medicines, books and children’s clothes and shoes are at the zero rate of VAT. Furthermore, the 13.5% reduced rate of VAT applies to housing, electricity, gas, domestic fuels, restaurant services, and labour intensive services such as hairdressing and shoe repair. Although the reduction in the UK standard VAT rate, will have an impact on the price differential on some goods between the North and the South, I would point out that the UK have increased excise on alcohol, cigarettes, petrol and diesel to offset the 2.5% reduction in VAT on those items. Consequently there will be no reduction in the price of those products in Northern Ireland as a result of the reduction in the UK VAT rate to 15%. As a small open economy, many of our standard rated goods are imported, and cutting the VAT rate could benefit the economies from which we import more than our own. In other words, while, it might help the consumer, it would not be the most effective way of helping our own economy. There are other means of stimulating the economy, outside of the VAT system. The Government is providing a long term fiscal stimulus through capital investment of approxi- mately 5% of GNP, which is twice the average in the EU. This fiscal stimulus will not only support jobs in the short term but will also add to our long term productive capacity. Irish taxation policy has given us a significant competitive advantage over the past 15 years. We have ensured that we have had the lowest levels of direct taxation on income, therefore

326 Questions— 2 December 2008. Written Answers we have had marginally higher indirect taxation. That model of taxation has worked well for our economy and will be even more important now in leading us back to the path of economic growth. According to the latest OECD data relating to 2007, Ireland has the lowest tax wedge in the EU for single, married one-income and married two-income couples on average earnings. A low tax wedge makes it easier for employers to employ staff. After the Budget changes, we are still one of the lowest taxed economies in the EU.

Departmental Properties. 156. Deputy Joe McHugh asked the Minister for Finance the buildings in County Donegal owned by the State which are vacant; and when these buildings were vacated. [43433/08]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The information requested by the Deputy is currently being compiled, and, when finalised will be forwarded directly to him.

Question No. 157 answered with Question No. 155.

Disabled Drivers. 158. Deputy Paul Connaughton asked the Minister for Finance the position regarding an appeal of a decision not to grant an application under the disabled drivers and tax concessions scheme to a person (details supplied) in County Galway; and if he will make a statement on the matter. [43503/08]

Minister for Finance (Deputy Brian Lenihan): The initial application for a Primary Medical Certificate under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, is made to the Senior Medical Officer of the relevant local Health Service Executive administrative area. If the Primary Medical Certificate has been refused in this case, the named person may appeal the refusal to the Medical Board of Appeal, National Rehabilitation Hospital, Roches- town Avenue, Dun Laoghaire, Co. Dublin. I would point out that the Medical Board of Appeal is independent in the exercise of its functions.

Financial Institutions Support Scheme. 159. Deputy Phil Hogan asked the Minister for Finance the measures he is taking to ensure that the guarantee scheme for credit institutions is not operated by covered institutions in a way that will cause competitive distortions in the banking market here or lead to abusive trading practices by such institutions; the mechanisms and commitments he has in place to ensure such behaviour does not occur; the way and when these measures will be implemented; and if he will make a statement on the matter. [43504/08]

Minister for Finance (Deputy Brian Lenihan): As I have emphasised on several occasions, the Scheme imposes very strict conditions to ensure that balance sheet growth is measured and in accordance with prudent banking practice, that risk is properly measured and managed and that the interest of taxpayers are safeguarded. The Scheme itself refers to several particular objectives, including “preventing abuse of the guarantee” and “ensuring compliance with the requirements of EU State aid and competition law”. There are several sections of the Scheme that ensure compliance with its overall objectives. For instance each covered institution is required to comply with the Irish Banking Federation Code of Practice on Mortgage Arrears and the Financial Regulator’s Consumer Protection

327 Questions— 2 December 2008. Written Answers

[Deputy Brian Lenihan.] Code. Furthermore, Paragraph 36 states that the Financial Regulator in consultation with me may regulate the commercial conduct of covered institutions strictly in order to achieve the objectives of the Scheme and impose conditions regulating the commercial conduct of a covered institution’s business, in order to minimise any potential competitive distortion that may other- wise arise and to avoid any abuse of the guarantee or any use in a manner irreconcilable with the purpose of the guarantee. My Department and the Financial Regulator are monitoring the operation of the Scheme.

Departmental Schemes. 160. Deputy Joanna Tuffy asked the Minister for Finance if a person opts to avail of the bicycle tax break via a salary sacrifice arrangement will that person, in the same tax year, be prohibited from participating in the salary sacrifice scheme for employees who received tax saver commuter tickets; and if he will make a statement on the matter. [43525/08]

Minister for Finance (Deputy Brian Lenihan): I assume the Deputy is referring to the Cycle to Work Scheme that I announced in the Budget and its compatibility with the existing Travel Pass Scheme. There is no prohibition on participating in both schemes in the same tax year. However, employers must be satisfied that the bicycle will be used for cycling to and from work or between workplaces. It should be noted that participation in both schemes is voluntary for employers.

161. Deputy Mary Upton asked the Minister for Finance the way the cycle to work scheme will operate; and if he will make a statement on the matter. [43566/08]

Minister for Finance (Deputy Brian Lenihan): I announced the introduction of the Cycle to Work Scheme in Budget 2009. The purpose of the scheme is to encourage more employees to cycle to and from work, to contribute to lowering carbon emissions, to help reduce traffic congestion, and to improve health and fitness levels. The scheme allows an employer to provide an employee with a bicycle and cycle safety equipment as a benefit of their employment, without the employee being liable to benefit-in- kind taxation. The scheme applies where the bicycle will be used by the employee for travelling to and from work or for travelling between workplaces. The scheme can be implemented through salary sacrifice arrangements in a similar manner to the existing Travel Pass Scheme. Under such an arrangement, the employer provides the bicycle and safety equipment to the employee who agrees to forego or sacrifice part of his or her salary every pay period in order to cover the cost of the bicycle and safety equipment. Any salary sacrifice arrangement must be completed within a maximum period of twelve months and the arrangement will be reflected in the employee’s pay over that period. The bicycle and safety equipment are exempt from benefit-in-kind taxation up to a limit of \1,000. Thus the employee will not be liable to income tax, employee PRSI, or levies on the cost of the bicycle and safety equipment. The employer will also benefit in that employer PRSI is not payable on the cost of the bicycle and safety equipment. Participation in the scheme is voluntary for employers. However, where an employer agrees to participate, he or she must make the scheme generally available, on an equal basis, to all employees requesting it.

328 Questions— 2 December 2008. Written Answers

There are no in-built restrictions in the scheme regarding where the bicycle and associated safety equipment can be purchased. This is a matter for employers as they will be purchasing the bicycles and safety equipment in all instances. The tax exempt benefit-in-kind will be limited to \1,000. Where the cost exceeds this amount, a BIK charge will apply to the balance. The bicycle and safety equipment may only be provided to an individual employee once in a five year period. It is not envisaged, at this stage, that there will be a notification procedure for employers to indicate to the Revenue Commissioners that they are operating the scheme. However, the purchase of bicycles and associated safety equipment by employers for employees will be sub- ject to the normal Revenue audit procedure with the normal obligations on employers to main- tain records (e.g. invoices, salary sacrifice agreements between employer and employee, such agreements to include a statement from employees that the bicycle and safety equipment are for their own use and will be used for travelling to and from work). Guidelines on the operation of the scheme will be made available by the Revenue Commis- sioners when the Finance Bill is approved by the Oireachtas.

Disabled Drivers. 162. Deputy Paul Connaughton asked the Minister for Finance the reason an application under the disabled drivers and passengers tax concession scheme in the name of a person (details supplied) in County Galway has not been processed; and if he will make a statement on the matter. [43776/08]

Minister for Finance (Deputy Brian Lenihan): The initial application for a Primary Medical Certificate under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, is made to the Senior Medical Officer of the relevant local Health Service Executive administrative area. If the Primary Medical Certificate has been refused in this case, the named person may appeal the refusal to the Medical Board of Appeal, National Rehabilitation Hospital, Roches- town Avenue, Dun Laoghaire, Co. Dublin. I would point out that the Medical Board of Appeal is independent in the exercise of its functions.

Question No. 163 answered with Question No. 153.

Tax Code. 164. Deputy John Perry asked the Minister for Finance if, in view of the loss of trade business by suppliers in this jurisdiction to cross-Border purchasing he will carry out a review of the control procedures in place, both here and in Northern Ireland, to prevent the use of invalid VAT registration numbers in cross-B order trade purchase transactions; and if he will make a statement on the matter. [43829/08]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that traders selling goods at zero rate of VAT to traders in other EU Member States have obligations in relation to verifying the VAT numbers of those traders. This may be done through the EU Internet website to which they have free access. Otherwise, traders leave themselves open to being held liable for the VAT on the goods if the number is invalid. Traders also have obligations in relation to justifying the application of the zero rate, that is, that the goods have left the State and are not simply re-sold in the State. Checking the validity of VAT registration numbers, and indeed other tax compliance infor- mation, in cross Border transactions with their counterparts in Her Majesty’s Revenue & Cus-

329 Questions— 2 December 2008. Written Answers

[Deputy Brian Lenihan.] toms in Northern Ireland is part of the checks carried out by Revenue officers during audits and assurance checks where risk or suspicions arise. These checks are carried out using the EU Mutual Assistance Programme. This programme allows for exchanges of information between EU Member States in relation to VAT matters and it also allows the presence of officials from a Member State in another Member State while enquiries are being carried out. These are VAT anti-fraud measures and Ireland plays a full role in the exchange of information with all other Member EU Sates, including the UK, with whom we have a very good working relationship. The Revenue Commissioners advise that checks of the control procedures in place between the State and Northern Ireland will continue as part of the relevant work programmes in 2009 and that they will continue to liaise, as appropriate, with the competent authorities in Northern Ireland, under the EU Mutual Assistance programme.

Financial Services Ombudsman. 165. Deputy Willie Penrose asked the Minister for Finance the details of the Financial Services Ombudsman; the remit of the said ombudsman in dealing with complaints from con- sumers in relation to whole of life insurance policies which were taken out appropriately 25 years ago; and if he will make a statement on the matter. [43830/08]

Minister for Finance (Deputy Brian Lenihan): The Financial Services Ombudsman (FSO) is a statutory body that deals independently with complaints from consumers about their individual dealings with financial service providers that have not been resolved by the providers after they have been through the internal complaints resolution systems of the providers. All per- sonal customers, limited companies with a turnover of \3m or less, unincorporated bodies, charities, clubs, partnerships, trusts etc. can complain to the Ombudsman in relation to financial services providers, including providers of whole of life insurance policies, that fall under the remit of the FSO. It is a free service to the complainant, compensation up to \250,000 can be awarded and decisions are binding subject to appeal to the High Court. The Financial Services Ombudsman began work on 1 April 2005 and is governed by the provisions of the Central Bank and Financial Services Authority of Ireland Act 2004. This Act provides that the Ombudsman cannot deal with complaints if the conduct complained occurred more than six years before the complaint is made. The Deputy may wish to see the FSO Annual Report 2007 in which the Ombudsman refers specifically to whole of life insurance policies. The report is available on the FSO website www.financialombudsman.ie .

Job Losses. 166. Deputy Finian McGrath asked the Minister for Finance if he will support the case of a person (details supplied) in Dublin 5. [43839/08]

Minister for Finance (Deputy Brian Lenihan): I have been advised by the Revenue Commis- sioners that under normal circumstances the person would get a P45 from his employer when his employment ceases. Revenue records indicate that his employer has ceased trading and if the person has encoun- tered difficulties in obtaining the P45, he should contact the Revenue Commissioners as soon as possible and speak to Ms. Mary Donoghue (01-8894885).

330 Questions— 2 December 2008. Written Answers

Decentralisation Programme. 167. Deputy James Reilly asked the Minister for Finance if he will report on the proposed move of the Office of Public Works staff from their location in St. Stephen’s Green, Dublin 2; the location to which it is proposed that the OPW staff will relocate in Dublin; if a deal has been agreed; if so the persons who are the landlords or owners of the building; the terms agreed; the fit-out cost in the proposed new location for OPW staff; the number of OPW staff who have refused to decentralise to Trim, County Meath; if he will confirm the original and current owners or landlords of the new OPW office and premises in Trim; the terms agreed on that premises; and if he will make a statement on the matter. [43841/08]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The Office of Public Works (OPW) is due to decentralise 525 posts to three locations under the current decentralisation programme. The Minister of State and 333 posts will move to Trim, the new location of the OPW HQ. The OPW HQ is currently based in 51 St. Stephen’s Green, Dublin 2. Some 104 posts will move to Claremorris, and the moving of 88 posts to Kanturk is deferred pending a review in 2011. 525 posts represents the majority of OPW Dublin-based personnel, and, as the OPW is not decentralising in its entirety, there will be a number of personnel remaining in Dublin. OPW is currently reviewing its options regarding accommodation for those staff remaining in Dublin, and no decision has yet been taken on this issue. The construction of OPW’s new headquarters in Trim, which is located on a site purchased from the Local Authority, is due for completion in the second quarter of 2009. The estimated cost of expenditure to date on this project is in the region of \19,377,206. The advance office in Trim is accommodated in a leased building for a period of 3 years at a cost of \67,752 per annum, and expenditure to date on this office is of the order of \110,752.

Banking Sector. 168. Deputy Richard Bruton asked the Minister for Finance the information he has received from the Central Bank on the state of the flow of lending to small businesses; and the monthly statistics for the volume of outstanding credit and the flow of new credit to small businesses under different lending categories. [43849/08]

Minister for Finance (Deputy Brian Lenihan): Officials from my Department, the Depart- ment of Enterprise Trade and Employment, the Central Bank and the Financial Regulator are in continuous contact with the banks regarding the flow of lending to small business. At this stage, the Irish results of the Euro Area Bank Lending Survey for October show tightening credit standards for SMEs, somewhat higher costs, especially for riskier loans, and an increased requirement for security (including personal guarantees). The Lending Survey data also point to a decreased demand for loans. This fall in demand was primarily due to a fall in the need to finance fixed investment. Demand for finance inventories and working capital was only marginally lower. The Central Bank’s October Monthly Statistics showed that lending to the Irish economy was essentially flat in October and this is a matter of concern. However, we should be cautious about drawing strong conclusions from one month’s data. Forfas/Enterprise Ireland are survey- ing 200 clients or County Enterprise Boards and Enterprise Ireland in order to gather more detailed information. Furthermore, as the Deputy will be aware, at my meetings with certain financial institutions last week, I asked those institutions covered by the Government’s guarantee Scheme to con-

331 Questions— 2 December 2008. Written Answers

[Deputy Brian Lenihan.] sider the contribution that they can make to the economy through appropriate credit initiatives in relation to small and medium sized businesses and otherwise. I have, therefore, welcomed the fact that certain institutions are already considering or have announced initiatives in this regard. The Deputy may also wish to be aware that I recently met Mr Plutarchos Sakellaris, Vice- President of the European Investment Bank, which recently announced that it was providing additional funding through its lending facility for SMEs in the European Union. Mr Sakellaris confirmed that the Bank has been in discussion with a number of Irish financial institutions about participating in this facility for SMEs and that the EIB hopes that agreements to provide such loan facilities can be finalised as soon as possible. I have urged Irish banks to utilise the facility to the maximum extent possible with a view to making the additional funding available to SMEs as soon as possible.

169. Deputy Richard Bruton asked the Minister for Finance if he has instructed the Central Bank to monitor changes in the conditions of loans being imposed on small business borrowers in order that an accurate picture of lending conditions can be compiled; and if he plans to require banks to give minimum notice periods to its customers of intentions to change such conditions. [43850/08]

Minister for Finance (Deputy Brian Lenihan): Nobody wants a situation where viable busi- nesses fail because banks will not lend them money. However we need to be sure that diffi- culties in accessing credit by business reflect an overly restrictive approach by banks rather then the impact of the economic recession on creditworthiness. At this stage, the Irish results of the Euro Area Bank Lending Survey for October show tightening credit standards for SMEs, somewhat higher costs, especially for riskier loans, and an increased requirement for security (including personal guarantees). The Lending Survey data also point to a decreased demand for loans. This fall in demand was primarily due to a fall in the need to finance fixed investment. Demand for finance inventories and working capital was only marginally lower. Forfas/Enterprise Ireland are surveying 200 clients or County Enterprise Boards and Enterprise Ireland in order to gather more detailed information. As the Deputy will be aware, at my meetings with certain financial institutions last week, I asked those institutions covered by the Government’s guarantee Scheme to consider the contri- bution that they can make to the economy through appropriate credit initiatives in relation to small and medium sized businesses and otherwise. I have, therefore, welcomed the fact that certain institutions are already considering or have announced initiatives in this regard. The Deputy may also wish to be aware that I recently met Mr Plutarchos Sakellaris, Vice- President of the European Investment Bank, which recently announced that it was providing additional funding through its lending facility for SMEs in the European Union. Mr Sakellaris confirmed that the Bank has been in discussion with a number of Irish financial institutions about participating in this facility for SMEs and that the EIB hopes that agreements to provide such loan facilities can be finalised as soon as possible. I have urged Irish banks to utilise the facility to the maximum extent possible with a view to making the additional funding available to SMEs as soon as possible. Finally, I can inform the Deputy that the Financial Regulator Consumer Protection Code requires firms to act honestly and fairly in the best interests of their consumers and also that if they intend to amend or alter the range of services offered they must give consumers at least 30 days’ notice. The Code states:

332 Questions— 2 December 2008. Written Answers

“A regulated entity must, where applicable:

a) provide the consumer with details of all charges, including third party charges, which the regulated entity will pass on to the consumer, prior to providing a service to the consumer and where such charges cannot be ascertained in advance, the regulated entity must advise the consumer that such charges will be levied as part of the transaction;

b) advise affected consumers of increases in charges, or the introduction of any new charges, at least 30 days before the change takes effect;

c) detail in each statement provided to the consumer, all charges applied during the period covered by that statement; and

d) where charges are accumulated and applied periodically to accounts, advise consumers at least 10 business days before deduction of charges and give each consumer a break- down of such charges.”

170. Deputy Richard Bruton asked the Minister for Finance the conditions which have been included in the individual agreements with banks under the scheme for the deposit guarantee to secure a continuing flow of credit to small businesses. [43851/08]

Minister for Finance (Deputy Brian Lenihan): The objective of the Credit Institutions (Financial Support) Scheme is to maintain financial stability in the best interests of the public and the economy of the State. To that end, the Scheme provides for the regulation of the commercial conduct of covered institutions and, in particular, requires each covered institution to appropriately manage its balance sheet in a manner consistent with the overall purposes of the Credit Institutions (Financial Support) Act. While individual agreements with covered institutions, as provided for in paragraph 6 of the Scheme, are confidential, each individual agreement complies fully with all the relevant requirements and overall objectives of the Scheme. Furthermore, as the Deputy will be aware, at my meetings with certain financial institutions last week, I asked those institutions covered by the Government’s guarantee Scheme to con- sider the contribution that they can make to the economy through appropriate credit initiatives in relation to small and medium sized businesses and otherwise. I have, therefore, welcomed the fact that certain institutions are already considering or have announced initiatives in this regard. The Deputy may also wish to be aware that I recently met Mr Plutarchos Sakellaris, Vice- President of the European Investment Bank, which recently announced that it was providing additional funding through its lending facility for SMEs in the European Union. Mr Sakellaris confirmed that the Bank has been in discussion with a number of Irish financial institutions about participating in this facility for SMEs and that the EIB hopes that agreements to provide such loan facilities can be finalised as soon as possible. I have urged Irish banks to utilise the facility to the maximum extent possible with a view to making the additional funding available to SMEs as soon as possible.

171. Deputy Richard Bruton asked the Minister for Finance the procedure which is being used to draw up potential names for public interest directors of the banks; if he will reveal the list before discussions begin with the banks regarding appointments; and when he will complete the process. [43852/08]

333 Questions— 2 December 2008. Written Answers

Minister for Finance (Deputy Brian Lenihan): The Scheme states that in order to promote the public interest, a covered institution will, at the direction of the Minister for Finance, take all reasonable steps to appoint at least one but no more than two non-executive directors to its board from a panel approved by the Minister during the period of the guarantee. I expect to announce the panel Directors for the covered institutions this week and Deputies will be informed in due course.

172. Deputy Richard Bruton asked the Minister for Finance the findings of the Price- waterhouseCoopers report on the Irish banks; and the aggregate data across all banks for loans likely to default, loans requiring intensive care and so on. [43853/08]

Minister for Finance (Deputy Brian Lenihan): The Deputy will appreciate that this review is detailed commercially sensitive and accordingly my Department will not be publishing the results of the PWC work.

Lottery Funding. 173. Deputy Brian O’Shea asked the Minister for Finance the way an organisation (details supplied) in County Waterford can access national lottery funding; and if he will make a state- ment on the matter. [43870/08]

Minister for Finance (Deputy Brian Lenihan): Cliff and mountain rescue services are not included in the list of categories which may be funded from the proceeds of the National Lottery. However, I understand that the organisation can apply to the National Coordination Committee for Mountain and Cave Rescue for capital grant aid funding.

Garda Stations. 174. Deputy Denis Naughten asked the Minister for Finance the plans the Office of Public Works have for the redevelopment of a Garda station (details supplied) in County Roscommon; and if he will make a statement on the matter. [43913/08]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The OPW was recently notified of the requirement for the provision of a new Garda Station at Clonark, Co. Roscommon following the introduction of new Garda Divisional Boundaries with effect from 01/01/2009. Planning is proceeding with a view to demolishing the existing Garda Station and going ahead with a new building on the site in 2009.

Departmental Bodies. 175. Deputy Richard Bruton asked the Minister for Finance the frequency with which the consumer panel of the Irish Financial Services Regularity Authority meet; the date of its last meeting; and the membership of same. [43920/08]

Minister for Finance (Deputy Brian Lenihan): The Financial Services Consultative Consumer Panel was formally established by the Financial Regulator under the Central Bank Act, 1942 (as amended by the Central Bank and Financial Services Authority of Ireland Act, 2004), with effect from 1 November 2004. I have been advised by the Financial Regulator that the Consumer Panel schedules eleven monthly meetings in a calendar year. The last meeting of the Consumer Panel was held on 8 September 2008 and the membership of the Panel at that time was Mr Raymond O’Rourke (Chair), Ms Frances Byrne, Mr James Doorley, Mr John Maher, Prof Noel Mulcahy, Mr Sean O’Sullivan, Ms Fiona Reynolds, Mr Michael Culloty, Ms Eileen Walsh, Mr Fidele Mutwarasibo,

334 Questions— 2 December 2008. Written Answers

Ms Kathleen Barrington, Mr Michael Connolly, Ms Ann Hogan, Ms Joan Morrison, Mr William Ryan and Ms Grainne Hannon. The term of office of the Consumer Panel has expired on 16th October this year and I will be appointing a new Panel as soon as possible.

Public Service Remuneration. 176. Deputy Richard Bruton asked the Minister for Finance the saving in 2009 of the 4% reduction in public service pay off 2008 outturn; the sectors that have been excluded from this requirement; the cost in 2009 of the carryover from pay settlements made earlier; the cost in 2009 of the new increase due in August 2009; the carryover cost of extra staff employed in 2008 on the 2009 pay bill; the additional employee numbers expected to be taken in 2009 and the extra pay bill involved; and if he will reconcile these elements with the final figures for the increase in gross public service pay and in gross public service pensions. [43921/08]

Minister for Finance (Deputy Brian Lenihan): The Government decided in July 2008 to secure payroll savings of 3% for Government Departments and public bodies, with the excep- tion of primary and secondary level teachers and Special Needs Assistants in the education sector and staff involved in the direct delivery of essential health services. This decision is reflected in the Estimates for 2009 through savings of \260 million that would otherwise have been included in the allocations for pay. The Government subsequently decided that Govern- ment Departments and public bodies would have to meet the cost of the pay increase due in September 2009 from within the existing pay provisions set out in the Budget for 2009. The savings arising from this measure will amount to an additional \234 million in 2009. The com- bined effect of both these elements is equivalent to 4% of payroll for Government Departments and bodies in 2009, with the exception of the health and education areas referred to above. The estimated carryover cost of pay increases (net of pensions) awarded in 2008 is \372 million. Based on staff number projections supplied to my Department in preparation for the Budget, it is projected that the number of Civil and Public Servants (excluding Local Authority employees whose pay is not included in the Estimates) employed at the end of 2008 will be some 4,428 higher than at the end of 2007. The corresponding projection for the end of 2009 over 2008 shows an overall reduction of 280 staff. The pay and pensions allocation included in the 2009 Estimates is \20.042 billion (including \1.765 billion for pensions) in gross terms, an increase of \610 million over the figure in the 2008 Revised Estimates Volume. There are a number of factors which explain this increase including:

• \106 million increase for pensions (carryover cost of general increases made in 2008 and increases in the number of pensioners);

• \224 million for the full year cost of additional teachers and Special Needs Assistants taken on in 2008;

• \170 million in the health area (\140 million for the new consultants’ contract and \30 million for Industrial Relations settlements); and

• \110 million, which is a residual figure after factors such as the 2008 pay increases and the payroll reduction are taken into account.

Flood Relief. 177. Deputy Tom Sheahan asked the Minister for Finance if he has plans to alleviate the

335 Questions— 2 December 2008. Written Answers

[Deputy Tom Sheahan.] severe flooding that affects Sneem, County Kerry several times annually; and if he will make a statement on the matter. [43951/08]

178. Deputy Tom Sheahan asked the Minister for Finance if he has investigated the cause of the serious flooding in Sneem, County Kerry which occurs several times annually; and if he will make a statement on the matter. [43952/08]

Minister of State at the Department of Finance (Deputy Martin Mansergh): I propose to take Questions Nos. 177 and 178 together. The Office of Public Works has this week formally confirmed to Kerry County Council that funds will be provided towards the cost of a study to identify potential options to reduce the risk of flooding in Sneem. If options are identified that are economically and environmentally acceptable, they will be included in OPW’s flood relief programme, subject to other commit- ments and the availability of resources.

Disabled Drivers. 179. Deputy Paul Connaughton asked the Minister for Health and Children if her attention has been drawn to the delay in processing applications under the disabled drivers and passen- gers tax concession scheme and that this hold up seems to be as a result of no available doctor in the north Galway area; the length of time this position has been vacant; when the vacancy will be filled; and if she will make a statement on the matter. [43835/08]

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

Departmental Facilities. 180. Deputy Fergus O’Dowd asked the Minister for Health and Children when this Deputy will receive the details requested in Parliamentary Question No. 376 of 2 April 2008; and if she will make a statement on the matter. [43381/08]

Minister for Health and Children (Deputy Mary Harney): The information requested in relation to my Department has already been conveyed to the Deputy in my replies to parliamentary questions Nos. 376 of 2 April 2008 and No. 42038 of 2008 (order No. 90). The agencies under the remit of my Department have already been contacted by my Department asking them to respond directly to the Deputy as a matter of urgency. I understand from the Health Service Executive that a letter has issued recently to the Deputy outlining the position.

Health Services. 181. Deputy Fergus O’Dowd asked the Minister for Health and Children the reason audiol- ogy services are no longer available in Drogheda; the location to which those who need the service should go; the existing waiting list by location in County Louth; the annual cost of the delivery of this service in County Louth for each of the past three years; the locations to which the service was delivered; the individual cost of each such location; if a person (details supplied) in County Louth will be given an urgent appointment; and if she will make a statement on the matter. [43382/08]

336 Questions— 2 December 2008. Written Answers

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

Hospital Services. 182. Deputy James Reilly asked the Minister for Health and Children if she will report on the new 30 bed modular build maternity unit due to open later in November 2008 at Portlaoise Hospital in view of the fact that births have increased from 900 to 2,000 and the new unit is urgently required for the safe and efficient provision of maternity services in Portlaoise; and if she will make a statement on the matter. [43385/08]

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

183. Deputy James Reilly asked the Minister for Health and Children her views on cardiac services at Waterford Regional Hospital; if an angioplasty service will be available when a surgeon (details supplied) has departed; her plans to replace this surgeon with a permanent surgeon and fund the coronary laboratory adequately; and if she will make a statement on the matter. [43386/08]

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

Hospital Staff. 184. Deputy James Reilly asked the Minister for Health and Children her views on the fact that Waterford Regional Hospital has lost three orthopaedic surgeons in recent times and that some of these surgeons have been replaced by temporary appointments (details supplied); her further views on the level of staff turnover in Waterford Regional Hospital; her plans to appoint permanent orthopaedic surgeons; and if she will make a statement on the level of orthopaedic services in Waterford Regional Hospital and the future of such services. [43387/08]

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

185. Deputy James Reilly asked the Minister for Health and Children if her attention has been drawn to the fact that there is only one dermatologist for a population base in the south

337 Questions— 2 December 2008. Written Answers

[Deputy James Reilly.] east of more than 400,000; if this is an adequate or safe level of service; her plans to appoint more permanent consultant dermatologists to service the population of the south east; and if she will make a statement on the matter. [43388/08]

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

186. Deputy James Reilly asked the Minister for Health and Children the number of tempor- ary consultants employed in the south east area; the locations at which they are employed; the speciality of same; the length of time they have been in temporary employment; when perma- nent consultants will be employed for those positions; and if she will make a statement on the matter. [43389/08]

Minister for Health and Children (Deputy Mary Harney): Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Tax Code. 187. Deputy James Reilly asked the Minister for Health and Children if she will report on her undertaking to examine the way users of expensive IVF treatment could be assisted, to take into account that claiming for such expensive treatment has fallen under the health expenses relief from 41% to standard rate 20%; and if she will make a statement on the matter. [43390/08]

Minister for Health and Children (Deputy Mary Harney): My colleague Mr Brian Lenihan TD, Minister for Finance is responsible for issues that concern tax relief on medical expenses such as those incurred on IVF treatment. I am conscious of the financial burden that IVF treatment can place on the couples concerned and have asked my Department to consider policy in this regard as part of the process of developing an appropriate regulatory framework for this area. Any proposals that might emerge from that process will have to be considered in the context of the difficult economic situation that now prevails and other competing funding demands across the full range of health issues.

Health Repayment Scheme. 188. Deputy Michael Ring asked the Minister for Health and Children if a scheme pursuant to an Act (details supplied) is near completion; and if she will make a statement on the matter. [43395/08]

217. Deputy Sea´n Sherlock asked the Minister for Health and Children the estimated time for completion of all applications and winding down of the health repayment scheme; the cost of the scheme to date; and if she will make a statement on the matter. [43768/08]

338 Questions— 2 December 2008. Written Answers

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 188 and 217 together. The Health Service Executive (HSE) has responsibility for administering the health repay- ment scheme in conjunction with the appointed Scheme Administrator K.P.M.G. and McCann Fitzgerald. The HSE has informed my Department that since commencement of the scheme over 35,000 applications for living and deceased patients have been received by the Health Repayment Scheme. To date over 18,900 claimants have received offers of repayment totalling over \362m and in excess of 14,900 payments have been made totalling over \317m. Further offers continue to be issued every week. The HSE has advised that the Scheme is progressing as speedily as possible and every effort is being made to settle the remaining outstanding claims. The HSE has advised that the Scheme Administrator is confident that the vast majority of claims submitted by the public will be concluded by the end of the year. However, it should be noted that offers of repayment made towards the end of the year cannot be paid until the statutory 28 day period for appeals has elapsed and a completed acceptance form has been returned to the Scheme Administrator. Claimants who receive an offer must be given the opportunity to appeal the Scheme Adminis- trator’s decision regarding their claim and this may have an impact on the timeframe for finalis- ation of the Health Repayment Scheme. The Scheme Administrator continues to work closely with the HSE to ensure that the scheme is finalised as quickly as possible.

Ambulance Service. 189. Deputy Thomas P. Broughan asked the Minister for Health and Children if she will report on the operation of ambulance services in the Dublin region in view of the existence of both the Health Service Executive and Dublin Fire Brigade ambulance systems; and if she will make a statement on the matter. [43396/08]

203. Deputy Bernard Allen asked the Minister for Health and Children the reason her Department continues to pay Dublin City Council in excess of \10 million per annum to operate 11 ambulances in the city of Dublin on behalf of the Health Service Executive in view of the fact that she has a HSE national ambulance service at her disposal that could operate the 999 system in Dublin for a fraction of the cost; and the reason there are two ambulance services in Dublin competing with each other who have no integrated communication system. [43531/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 189 and 203 together. For many years Dublin City Council, through Dublin Fire Brigade, has provided the emer- gency ambulance service in Dublin City on behalf of the statutory health authorities. The relevant authority since 2005 is the Health Service Executive. The HSE provides mainly the non-emergency patient transport in the Dublin area under the auspices of its National Ambul- ance Service. I am committed to ensuring that ambulance services throughout the country are both safe and effective. The arrangements in the Dublin area have been in place for many years. There are potential benefits to be gained from a close alignment of ambulance and fire services, as occurs in Dublin. Equally, a case can be made for applying the model that operates in the rest of the country, where ambulance services are provided separately from the fire service.

339 Questions— 2 December 2008. Written Answers

[Deputy Mary Harney.]

Safety is, of course, the primary concern. For this reason, work is at present being undertaken by the health and local government sectors to consider the best long-term approach to the provision of emergency ambulance services in Dublin. This includes examination of the poten- tial for improved efficiency in the delivery of these services, to ensure that the best value for money is obtained.

Services for People with Disabilities. 190. Deputy David Stanton asked the Minister for Health and Children when the national review of autism services will be completed; and if she will make a statement on the matter. [43461/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): The Department of Health and Children is not carrying out a national review of autism services. However, I understand that the HSE is currently reviewing autism services. Therefore as the Deputy’s question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

191. Deputy David Stanton asked the Minister for Health and Children if her Department or the Health Service Executive conducted research into the national prevalence of autism and Asperger’s syndrome; if not, if they have plans to do so; and if she will make a statement on the matter. [43462/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): The Department of Health and Children does not collect information on children identified with Autism and Asperger’s on a national or international basis. Information pertaining to diagnosis is specifically excluded from the National Intellectual Disability Database as the database is not designed as a medical epidemiological tool. Accordingly the database does not record the incidence of Autism or any other disability. In 2004, the Department of Health and Children, through the Health Research Board, approved expenditure of \5 million on autism research to help improve international understanding of the genetic causes of autism. This \5 million is the Irish contribution to a new major international research initiative called the Autism Gen- ome Project which will receive a total investment of \12 million from a variety of international organisations over the next three years. The other co-funders in the international consortium include Autism Speaks (US), the British Medical Research Council (CIHR), Southwest Autism Research and Resource Centre (SARRC), and the Hilibrand Foundation. This unique combi- nation of international, public and private partners funding a consortium of clinicians and scientists is a new and welcome departure in the field of autism research. The Health Research Board has informed my Department that this funding was awarded as follows:

• \2.8 million: Professor Michael Gill, Department of Psychiatry, Trinity College, Dublin

• \2.2 million: Professor Andrew Green, Director National Centre for Medical Genetics, Our Lady’s Hospital for Sick Children, Crumlin (affiliated to UCD).

This figure represents the largest tranche of funding to be awarded by any of the four funders within the international consortium. The Irish researchers are at the forefront in unravelling the genetic determinants of autism and related disorders. They are using novel state of the art genetic sequencing technology to analyse DNA samples taken from autistic patients to identify

340 Questions— 2 December 2008. Written Answers candidate genetic markers for autism. They will collaborate with their international colleagues to then link these genetic markers with clinical outcomes. This unique international research effort will greatly improve not only our understanding of the causes of autism, but its diagnosis and treatment.

Pension Provisions. 192. Deputy James Bannon asked the Minister for Health and Children the reason a person (details supplied) in County Westmeath did not receive part of superannuation payments in respect of additional hours work as a psychiatric nurse, which were not accounted for in calcu- lations for both their pension and lump sum; when their pension will be altered as appropriate to rectify this omission; and if she will make a statement on the matter. [43465/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive administers the pension scheme in question and therefore is the appropriate organisation to address the Deputy’s query. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

193. Deputy James Bannon asked the Minister for Health and Children the reason a person (details supplied) in County Westmeath did not receive part of superannuation payments in respect of additional hours work as a psychiatric nurse, which were not accounted for in calcu- lations for both their pension and lump sum; when their pension will be altered as appropriate to rectify this omission; and if she will make a statement on the matter. [43466/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive administers the pension scheme in question and therefore is the appropriate organisation to address the Deputy’s query. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Health Services. 194. Deputy James Bannon asked the Minister for Health and Children the reason dental services have been withdrawn in an area adjacent to a primary school (details supplied) in County Westmeath, the pupils of which have been treated for many years in the local health centre; when such services will be restored; and if she will make a statement on the matter. [43468/08]

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

195. Deputy Finian McGrath asked the Minister for Health and Children if she will assist on a matter in relation to a person (details supplied) in Dublin 5. [43475/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- tive is the appropriate body to consider the particular matter raised by the Deputy. The Depart-

341 Questions— 2 December 2008. Written Answers

[Deputy Ma´ire Hoctor.] ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Housing Aid for the Elderly. 196. Deputy Finian McGrath asked the Minister for Health and Children if she will assist a person (details supplied) in Dublin 5. [43476/08]

Minister for Health and Children (Deputy Mary Harney): The Deputy will appreciate that since the end of August 2008, the new Housing Aid for the Elderly Scheme has been adminis- tered by the local authorities. The issue raised in this case is primarily a matter for my colleague the Minister for the Environment, Heritage and Local Government. With regard to the other supports sought from the Health Service Executive, operational responsibility for the management and delivery of health and personal social services was assigned to the Executive under the Health Act 2004. Therefore, the Executive is the appro- priate body to consider these matters raised by the Deputy. In the circumstances, the Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have this person’s case investigated and to have a reply issued directly to the Deputy.

Healthcare Associated Infections. 197. Deputy Pat Breen asked the Minister for Health and Children further to Parliamentary Question No. 225 of 28 May 2008, the progress in implementing the recommendations of the Health Service Executive report into the incidents of C-difficile at Ennis General Hospital, County Clare; if all the recommendations have been implemented; if not, when she expects this to happen; and if she will make a statement on the matter. [43492/08]

Minister for Health and Children (Deputy Mary Harney): Every outbreak of a serious infec- tion such as Clostridium difficile is a cause of concern and I would like to express my sympathy to any patient and/or family who was affected by the outbreak in Ennis General Hospital last year. Health Care Associated Infections (HCAIs) continue to be a challenge for health care systems worldwide. Ireland is not unique in this regard and tackling HCAIs here, including C. difficile, continues to be a priority for the government and for the Health Service Executive (HSE). As I stated in the House last May, most of the recommendations in the report have been implemented by the HSE. The HSE continues to monitor the implementation of the recom- mendations and have assured me that all outstanding issues are receiving attention with a view to full implementation as quickly as possible. While accepting that not all HCAIs are preventable, I am satisfied that significant steps are being taken to reduce the rates of HCAIs generally and C. difficile in particular and to treat them promptly when they occur.

Medical Cards. 198. Deputy Pat Breen asked the Minister for Health and Children the number of patients over 70 years of age in County Clare in receipt of a medical card as of 31 October 2008; and if she will make a statement on the matter. [43493/08]

Minister for Health and Children (Deputy Mary Harney): The information sought by the Deputy is not routinely provided by the Health Service Executive to my Department. Accord-

342 Questions— 2 December 2008. Written Answers ingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

199. Deputy Tom Hayes asked the Minister for Health and Children if a couple who are both over 70 years with a gross pension income of \54,000 annually between them, and \80,000 in a roll-over savings account, and \75,000 in an interest accruing account will retain their medical cards. [43516/08]

Minister for Health and Children (Deputy Mary Harney): The Government’s proposal, to be effected in legislation, is that automatic entitlement to a medical card for persons aged 70 and over will end on 31st December 2008, and with effect from 1st January, 2009, the income thresholds for entitlement to a medical card for those aged 70 and over will be \700 (gross) per week (\36,500 per year) for a single person and \1,400 (gross) per week (\73,000 per year) for a couple. As part of the means test, any savings up to \36,000 (single) / \72,000 (couple) will be disregarded and only interest from savings above these figures will be considered as income for means testing purposes. People whose gross income is above the stated thresholds may, depending on their personal circumstances, still qualify for a medical card or a GP visit card under the standard means- testing arrangements.

Medical Aids and Appliances. 200. Deputy Brian O’Shea asked the Minister for Health and Children further to parliamen- tary Question No. 64 of 21 April 2005, her views on the practice of dumping crutches, zimmer frames and wheelchairs returned because they are no longer needed by patients on requiring repair by the Health Service Executive; and if she will make a statement on the matter. [43522/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive recently responded to a similar parliamentary question regarding its policy on reusing aids and appliances such as crutches, zimmer frames and wheelchairs. I am arranging for a copy of the reply to be forwarded to the Deputy.

Health Services. 201. Deputy Edward O’Keeffe asked the Minister for Health and Children if financial assist- ance will be provided in respect of a person (details supplied) in County Cork. [43526/08]

Minister for Health and Children (Deputy Mary Harney): Regulation (EC) 1408/71 provides, inter alia, that people who are insured with or covered by the health care system of one member state may access healthcare in the public system of another member state in certain circum- stances. Article 22 (1) (c) of the Regulation governs the referral of patients for public health services to another member state. In accordance with this article, a person eligible for health services in Ireland must be authorised by the HSE to go to another member state for treatment in the public health system there, where certain criteria are met. When authorisation is granted, Form E112 is issued by the HSE and is confirmation that the HSE will bear the cost of the treatment. It is a matter for the HSE to determine whether authorisation for treatment abroad should be granted. Therefore, the person referred to by the Deputy may wish to apply to the HSE for authorisation for treatment abroad in accordance with these entitlements. Outside of entitle-

343 Questions— 2 December 2008. Written Answers

[Deputy Mary Harney.] ments arising under EU law, financial assistance in relation to treatment abroad is at the discre- tion of the HSE.

Cancer Screening Programme. 202. Deputy James Reilly asked the Minister for Health and Children the number of labora- tories that have closed as a result of the outsourcing of smear tests; the number operating part time; the amount that was invested in these laboratories in each of the past five years; the amount that was invested in 2007 and 2008 either by way of capital expenditure in equipment or via lease arrangements for such equipment; the liability for such leases; the capital value of equipment lying idle in hospitals as a result of the decision to outsource; if the relevant staff have been reallocated to alternative useful employment; if staff have lost jobs as a result of the decision to outsource the smear tests; and if she will make a statement on the matter. [43527/08]

Minister for Health and Children (Deputy Mary Harney): The specific question raised by the Deputy relates to the management and delivery of health and personal social services, which are the responsibility of the HSE under the Health Act 2004. Accordingly, my Depart- ment has requested the Parliamentary Affairs Division of the Executive to respond directly to the Deputy in this regard. Question No. 203 answered with Question No. 189

Hospital Services. 204. Deputy Chris Andrews asked the Minister for Health and Children the position with regard to the plans for St Luke’s Hospital, Rathgar, Dublin 6; and if she will make a statement on the matter. [43539/08]

Minister for Health and Children (Deputy Mary Harney): It is important to note that the transfer of services from St. Luke’s Hospital to new facilities at St. James’s Hospital is not due to take place for a number of years. In the meantime, two additional and two replacement linear accelerators were commissioned at St. Luke’s this year in order to provide much needed interim capacity pending the roll out of the National Plan for Radiation Oncology. The decision to transfer services from St. Luke’s was taken by the Government in the context of its consideration of the National Plan for Radiation Oncology Services. The decision is based on expert advice and is designed to ensure that radiation oncology is integrated with all other aspects of cancer care, including surgery and medical oncology. This is in line with best inter- national practice. I am convinced that this model will provide better patient centred treatment with improved quality of service and outcome for patients. The Board of St. Luke’s Hospital and its Executive Management Team are fully committed to supporting the Government’s decision in relation to the development of radiation oncology. No decisions have yet been taken in relation to the future use of the site and facilities at St. Luke’s. However, I am anxious to ensure that these resources are utilised in the best interest of the health services.

Health Repayment Scheme. 205. Deputy Sea´n Connick asked the Minister for Health and Children the amount the State is paying the administrator of the health repayment scheme; if payments are made per claim or are fixed; the deadlines the State has put on processing the health repayment scheme; the number of claims submitted; the way claims have been processed; the number of claims that

344 Questions— 2 December 2008. Written Answers remain outstanding; the processing time for fully submitted claims; and if she will make a statement on the matter. [43543/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive (HSE) has responsibility for administering the health repayment scheme in conjunction with the appointed Scheme Administrator KPMG and McCann Fitzgerald. The HSE has informed my Department that since commencement of the Scheme over 35,000 applications for living and deceased patients have been received by the Health Repayment Scheme. To date over 18,900 claimants have received offers of repayment totalling over \362m and in excess of 14,900 payments have been made totalling over \317m. Further offers continue to be issued every week. The HSE has indicated that payments to the Scheme Administrator are paid at a fixed rate per concluded claim and are subject to a maximum fee of \15m exclud- ing VAT. The HSE has advised that as provided for in the Health (Repayment Scheme) Act 2006 the Scheme Administrator in processing the claims received was very focused on prioritising a repayment to those claimants who are still living. The time taken to process each claim received varies depending on the complexity of the application and the availability of accurate records. Every effort is being made to complete repayments as quickly as possible. The HSE has advised that it anticipates that the remaining offers, upwards of 300, will be processed by the end of the year. Repayment amounts offered cannot be paid until the statutory 28 day period for appeal has elapsed and a completed acceptance form has been returned to the Scheme Admin- istrator.

Hospital Services. 206. Deputy Richard Bruton asked the Minister for Health and Children if a follow up study has been undertaken of the major hospitals to see the progress that has been made in factors critical to the efficiency of the operation identified in a consultants report some years ago; and if she is satisfied with the progress being made in the management of accident and emergency caseloads. [43545/08]

207. Deputy Richard Bruton asked the Minister for Health and Children the practical changes in the operation of accident and emergency departments that will be possible as a result of the implementation of the new consultants contract; if consultants from all specialties will play a role in speeding up the flow of patients through accident and emergency on a 24 hour basis; and if she will make a statement on the matter. [43546/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Question Nos. 206 and 207 together. The Health Service Executive constantly works at improving efficiency across the hospital system and closely monitors progress in this regard. There have been considerable improve- ments made since 2005 in improving the delivery of services in Emergency Departments. For example, the average daily number of patients awaiting admission at 2 pm fell from 179 in 2005 to 92 in 2007. The figures over the first eleven months of 2008 show an increase to 107 in the numbers awaiting admission. Findings from a recent second National Bed Utilisation Review indicate some improvements with regard to bed utilisation in hospitals. However, there is still significant scope to improve the way in which beds in the acute hospital system are managed. The Review shows a slight reduction in the numbers admitted that could potentially have been cared for elsewhere (13% down to 12%). There has been a more significant reduction in the number of people in hospital

345 Questions— 2 December 2008. Written Answers

[Deputy Mary Harney.] who could potentially have been cared for in an alternative care setting (down from 39% to 34%). There has been a significant increase reported in the number of elective surgical patients admitted on the day of surgery (up from 25% to 41%). While there was an 8% increase in evidence of discharge planning, there has been no change in predicted dates of discharge. Hospitals need to further improve their admission and discharge processes, to ensure that people are appropriately admitted and that their care is efficiently managed, both during their hospital stay and their follow up care in the community. Steps are being taken to ensure that patients have an expected date of discharge within 24 hours of admission, that patients are discharged in a more proactive manner at weekends and that communication between the hospital system and primary care services is improved. Implementation of a new Code of Prac- tice on Discharge Planning has commenced. This should help to deliver further improvements in overall bed utilisation. As part of the Winter Initiative, Hospital Managers have been asked to develop an action plan to reduce the average length of stay in hospital of patients, based on the findings of the Bed Utilisation Study and to increase the rate of Day Surgery in line with best international practice. The HSE is also working to increase long-stay capacity and to free up beds in acute hospitals over the Winter period. This is being matched by an intensive focus on improved processes and efficiency. I believe that setting clear targets for improvement and measuring performance against these targets helps to drive further improvements in services. My Department has asked the HSE to set a revised maximum waiting time target of no more than 6 hours from registration to admis- sion or discharge in 2009 for all patients attending Emergency Departments. The HSE has also been asked to introduce a measurement system in 2009 to record the total waiting time for all such patients. New contractual arrangements for medical consultants were agreed with their representative organisations (Irish Hospital Consultants Association and Irish Medical Organisation) earlier this year following more than four years of protracted negotiations. The contract addresses the operation of the hospital, rather than a single department such as the Emergency Department. Consultants will work a 37 hour week in an extended span of the working day from 8 am to 8 pm where appropriate, Monday to Friday; and a scheduled attendance of up to five hours where required on Saturday, Sunday and Public Holidays. The extended hours will also facilitate the discharge process, thereby improving the flow of patients through hospital departments, includ- ing the Emergency Department. The introduction of new private practice provisions are designed to improve the position of public patients in terms of their access to the public health system.

Health Services. 208. Deputy Finian McGrath asked the Minister for Health and Children the number of hours worked by home support workers in Counties Leitrim, Sligo and Donegal for 2008 on a monthly and quarterly basis. [43553/08]

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

346 Questions— 2 December 2008. Written Answers

Cancer Screening Programme. 209. Deputy Mary Upton asked the Minister for Health and Children if she has plans to extend the BreastCheck facility for those over 64 years of age; and if she will make a statement on the matter. [43562/08]

Minister for Health and Children (Deputy Mary Harney): The expert advice from BreastCheck and from the National Cancer Forum, as contained in the National Strategy for Cancer Control, is that following the national roll out of the programme to women between the ages of 50 and 64 years, the upper age limit should be extended to women aged 69 years. The priority of BreastCheck is to screen women who have not yet been screened and accord- ingly it is fully focussed at present on the completion of the first round of screening in the West and South. I will consider extending the age limit as recommended when the national roll-out of the programme is sufficiently developed and it is assured that a quality service is being delivered. Any woman irrespective of her age who has immediate concerns or symptoms should contact her GP who, where appropriate, will refer her to the symptomatic services in her area.

Nursing Home Subventions. 210. Deputy Paul Connaughton asked the Minister for Health and Children when a decision will be made on an application for nursing home subvention in the name of a person (details supplied) in County Galway; and if she will make a statement on the matter. [43563/08]

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

Child Protection. 211. Deputy Alan Shatter asked the Minister for Health and Children the function of the child protection notification system established by the Health Service Executive; the difficulties experienced with the system; the length of time it has been in operation; the cost to date in both establishing the system and in its usage; and the progress made in establishing a fully integrated national communication system as recommended in the national review of com- pliance with the Children First guidelines published in July 2008. [43593/08]

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

Health Services. 212. Deputy James Bannon asked the Minister for Health and Children the reason \640,000 was spent in 2001 on three houses in Castlepollard, County Westmeath, which have not been used since purchase; the reason no funding was put in place to furnish the houses or recruit staff to care for patients, who have remained in institutional care during this time; and if she will make a statement on the matter. [43595/08]

347 Questions— 2 December 2008. Written Answers

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

Child Protection. 213. Deputy Alan Shatter asked the Minister for Health and Children if the audit announced in October 2005 into child protection measures applicable in every Catholic diocese in the country has been completed; if the report has been received by her Department; the extent to which each diocese has been found to be in compliance with the Ferns standard; when the report will be published; and the action that is proposed by her and the Health Service Execu- tive. [43596/08]

Minister for Health and Children (Deputy Mary Harney): The audit announced in October 2005 by the HSE has been completed in relation to all but one Catholic diocese. The report on that diocese is expected in the next few days. When that report has been received the overall reports of the audit from the HSE will be further considered by myself, and will enable me to decide what actions I will take in the matter. This will include consideration of the publication of the reports (which are currently subject to the deliberative process).

Hospital Staff. 214. Deputy John Deasy asked the Minister for Health and Children if her attention has been drawn to the fact that medical staff at Waterford Regional Hospital are concerned that her policy of developing the hospital as the regional acute centre is not being implemented due to the failure of the Health Service Executive to make required consultancy appointments; if she will instruct the HSE to ensure that WRH is adequately staffed to ensure that it is enabled to provide regional cardiology services, regional vascular surgery services, regional medical oncology and cancer services, regional urology services and regional acute general surgical services; and if she will make a statement on the matter. [43756/08]

Minister for Health and Children (Deputy Mary Harney): The Government is committed to ensuring the delivery of the best quality health services possible, in an effective and efficient way. Ensuring patient safety is of paramount importance, so that people can have confidence in the services and that the best possible patient outcomes can be achieved. It is essential that we prioritise patient safety and quality and that we organise and manage services accordingly. The priority is to provide safe services as close as possible to where people live. My Depart- ment has requested the Parliamentary Affairs Division of the Health Service Executive to arrange have the information sought in relation to consultant appointments and other staffing matters provided directly to the Deputy.

Health Services. 215. Deputy Sea´n Sherlock asked the Minister for Health and Children the reason for the non-allocation of funding in 2008 to a project (details supplied) in County Cork; if her attention has been drawn to the fact that no accommodation exists to provide core services; if she will make an allocation to this group; and if she will make a statement on the matter. [43757/08]

Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the funding, management and delivery of health and personal social services, which are the

348 Questions— 2 December 2008. Written Answers responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Hospitals Building Programme. 216. Deputy James Reilly asked the Minister for Health and Children the position regarding the national paediatric hospital and in particular the national paediatric hospital development board; the moneys expended on the project to date; the address of the national paediatric hospital development board; the persons who are the members; the number of support staff they have; if capital funds have been allocated and ring-fenced for the national paediatric hospital; if taking into account the new financial climate here her plans to review this decision to examine if the same project and its objectives could be achieved in alternative locations at reduced cost; if there are no plans to review the project, the completion date for this project; and if she will make a statement on the matter. [43762/08]

Minister for Health and Children (Deputy Mary Harney): The development of the National Paediatric Hospital continues to be a priority project for the Government. The Health Service Executive Capital Plan 2008 — 2013 includes provision for the development of the new hospital and the associated Ambulatory and Urgent Care Centre at Tallaght. The National Paediatric Hospital Development Board was established in May, 2007. Its primary function is to plan, design, furnish and equip the hospital. The HSE is working closely with the Board in progressing the project. The Board operates from 2/3 Parnell Square East, Dublin 1. The appointed members of the Board are as follows:

Mr. Philip Lynch (Chairman)

Mr. John O’Brien

Mr. Brian Gilroy

Ms. Kathryn Raleigh

Ms. Vera Wegner

Mr. Harry Crosbie

Dr. Alan Finan

Dr. Owen Hensey

Ms. Linda Dillon

Mr. Michael Flaherty

Ms. Norah Casey

Dr. Emma Curtis

The project is currently at initiation stage. A contract has been awarded for business advisory services. A detailed Development Brief for the new hospital is being prepared and is due for completion by the end of the 1st Quarter 2009. The Development Brief will be converted into a detailed design, outlining the exact dimensions and specifications for the new hospital, to allow the project proceed to tender for construction. A more accurate estimate of costs will be available at that point.

349 Questions— 2 December 2008. Written Answers

[Deputy Mary Harney.]

The legal requirements to enable the transfer of the designated site for the hospital to the HSE have been agreed and the transfer has been finalised. My Department has asked the Parliamentary Affairs Division of the Executive to arrange to have a reply issued to the Deputy on the operational issues raised.

Question No. 217 answered with Question No. 188

Health Services. 218. Deputy John O’Mahony asked the Minister for Health and Children if she is satisfied that persons practising psychotherapy are regulated effectively in order to ensure patient-client protection; if regulatory provisions are inadequate, the measures she proposes to ensure that persons practising psychotherapy are regulated thus preventing maltreatment and abuse of power and the undermining of professional psychotherapists; and if she will make a statement on the matter. [43814/08]

Minister for Health and Children (Deputy Mary Harney): As the Deputy will be aware, the practice of conventional medicine and healthcare in this country is controlled and regulated. However, the practice of other disciplines of healthcare, including psychotherapy, have not been subject to the same level of oversight. Standards of education, professional qualifications and experience required are not as well established and the level of qualification and length of training among practitioners can vary. The Health and Social Care Professionals Act was passed by the Oireachtas in 2005. This Act provides for the establishment of a system of statutory registration for 12 health and social care professionals as follows:

• Clinical Biochemists;

• Dieticians;

• Medical Scientists;

• Occupational Therapists;

• Orthopaedists;

• Physiotherapists;

• Podiatrists;

• Psychologists;

• Radiographers

• Social Care Workers;

• Social Workers; and

• Speech and Language Therapists.

The system of statutory registration will apply to the twelve professions regardless of whether they work in the public or private sector or are self-employed and is the first time that fitness to practice procedures will be put in place for these professionals on a statutory basis. The structure of the system of statutory registration will comprise a registration board for each of

350 Questions— 2 December 2008. Written Answers the professions to be registered, a Health and Social Care Professionals Council with overall responsibility for the regulatory system and a committee structure to deal with disciplinary matters. The first step in the implementation of the system was the establishment of the Health and Social Care Professionals Council, which was launched in March last year. The Council has now recruited a Chief Executive Officer in May of this year and is currently putting in place a suitable organisational structure. The Council must establish a registration board for each of the twelve professions currently covered by the Act. The Council has examined which professions from within the designated twelve are most suitable for early registration and decided to appoint the first two of twelve statutory Regis- tration Boards, the Social Worker Registration Board and the Physiotherapy Registration Board, provided for under the Act, to be established by early 2009. The Health and Social Care Professionals Council’s priority is to put in place the regulatory structures for the 12 designated professions initially. While the proposed system of statutory registration applies, in the first instance to twelve health and social care professions, the legis- lation provides for the inclusion of, on the basis of specific criteria, additional health and social care professions in the regulatory system over time, as appropriate. Within this context, the Health and Social Care Professionals Council may then consider whether statutory registration is warranted and appropriate for other disciplines of healthcare practitioners.

219. Deputy Fergus O’Dowd asked the Minister for Health and Children if she will arrange for the Health Service Executive to meet with and address the concerns of former patients of a doctor (details supplied); if the HSE has received correspondence from a group who act on behalf of these victims; the HSE response to same; and if she will make a statement on the matter. [43815/08]

Minister for Health and Children (Deputy Mary Harney): The Deputy’s request has been brought to the attention of the Health Service Executive (HSE) who have been in contact with the group in question regarding the provision of support services for the former patients involved. My Department has requested the Parliamentary Affairs Division of the Executive to reply directly to the Deputy in relation to the issues raised.

220. Deputy James Reilly asked the Minister for Health and Children the number of devel- opers and builders, in relation to primary care facilities, who have entered into legally binding contracts to build primary care centres; the number of general practitioners who have entered into legally binding contracts with the Health Service Executive to provide general practice services in the primary care centres; and if she will make a statement on the matter. [43816/08]

Minister for Health and Children (Deputy Mary Harney): Under the Health Act 2004, the management and delivery of health and personal social services is the responsibility of the Health Service Executive. This includes operational responsibility for the establishment of Primary Care Teams and Primary Care Centres. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Repayment Scheme. 221. Deputy Pat Breen asked the Minister for Health and Children further to Parliamentary Question No. 309 of 17 June 2008 when a refund will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [43820/08]

351 Questions— 2 December 2008. Written Answers

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

Long-Term Illness Scheme. 222. Deputy Eamon Gilmore asked the Minister for Health and Children if she plans to include motor neuron disease on the list of illnesses and conditions for inclusion on the long term illness scheme; and if she will make a statement on the matter. [43826/08]

Minister for Health and Children (Deputy Mary Harney): Under the 1970 Health Act, the Health Service Executive may arrange for the supply, without charge, of medicines and medical and surgical appliances to people with specified conditions, for the treatment of that condition, through the Long Term Illness Scheme (LTI). The LTI does not cover GP fees or hospital co- payments. The conditions are: mental handicap, mental illness (for people under 16 only), phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, park- insonism, conditions arising from thalidomide and acute leukaemia. There are currently no plans to extend the list of eligible conditions.

Hospital Accommodation. 223. Deputy Denis Naughten asked the Minister for Health and Children further to Parliamentary Question No. 184 of 24 June 2008, the position regarding this project. [43832/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive has advised that it has written on a number of occasions to the Deputy setting out the position with regard to the development of improved facilities at St Vincent’s University Hospital for the treatment of patients with cystic fibrosis. The refurbishment of accommodation to provide eight single en-suite rooms for patients with cystic fibrosis was completed in August 2008 and the beds are now operational. In the longer term, a new ward block is to be built and will include 120 replacement beds in single en-suite accommodation. The new facility will accommodate cystic fibrosis patients and will include appropriate iso- lation facilities. A design has been prepared and planning permission has been granted for the new ward block. A design team and project managers have been appointed. Tender documents are currently being prepared and it is planned to seek tenders for construction in the spring of 2009.

Health Service Staff. 224. Deputy Paul Connaughton asked the Minister for Health and Children the reason an application from a person (details supplied) has not been validated to enable them to get employment here as an occupational therapist; if her attention has been drawn to the fact that the applicant is unable to source employment as a result of the validation office at Merlin Park Hospital, Galway not being in a position to validate such an applicant; the reason such appli- cations for validations are not forthcoming; and if she will make a statement on the matter. [43834/08]

Minister for Health and Children (Deputy Mary Harney): Directive 2005/36/EC of the Euro- pean Parliament and of the Council of 7 September 2005 on the recognition of professional

352 Questions— 2 December 2008. Written Answers qualifications applies to all EEA nationals wishing to practise a regulated profession in an EU Member State other than that in which they obtained their professional qualifications, on either a self-employed or employed basis. Its intention is to make it easier for qualified health pro- fessionals to practise their professions in European countries other than where they have quali- fied, but due safeguards are provided in the assessment of the qualifications for both public health and safety and consumer protection. In certain circumstances, non-EEA nationals who are legally resident in Ireland can benefit from the provisions of the Directive. In relation to professional qualifications in occupational therapy, the Directive is transposed into Irish law by Statutory Instrument No. 139 of 2008 and Statutory Instrument No. 166 of 2008. The Minister for Health and Children is the competent authority for the assessment of these professional qualifications and the process is administered by the Health Service Execu- tive (National Validation Office (NVO)). The Minister and the Executive are advised in this function by the Association of Occupational Therapists. Article 51 of the Directive provides for the competent authority to issue its decision on an application within four months from the date on which the complete application was received. In the case of the person referred to by the Deputy, the completed file was received on 27 August 2008 and hence a decision is due on or before December 27 next. The Deputy will understand that the assessment process is a detailed one, as prescribed in the Directive, in which, on a case-by-case basis, the qualifications of an applicant are assessed against those required to practise in Ireland. If the activities covered by the profession in the home and the host member state are not comparable, then the qualifications cannot be recog- nised. If the activities are comparable but deficits in the qualifications are identified, subsequent post-qualification professional experience of the applicant must be considered. If deficits still remain, the host Member State must offer an applicant a compensation measure, a choice of completing an adaptation period or taking an aptitude test.

Health Services. 225. Deputy Joanna Tuffy asked the Minister for Health and Children when a person (details supplied) in Dublin 22 will receive an appointment date for psychology and occupational ther- apy; when they will receive an appointment date for an audiology test; and if she will make a statement on the matter. [43837/08]

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

Departmental Properties. 226. Deputy James Reilly asked the Minister for Health and Children if she will report on the proposed relocation of her Department to the Office of Public Works building in St Stephen’s Green, Dublin 2; the action that will be taken in relation to Hawkins House; if it has been sold, or sale agreed and if so with whom; the expected proceeds from such a sale; if it is not sold, if it will be offered and advertised for sale publically; if a deal has been agreed on the disposal of Hawkins House, if the premises was advertised publically beforehand; the estimated cost of providing private offices and other fittings in the OPW building for her Departmental staff; the amount expended; when it was expended on a new data centre for Hawkins House;

353 Questions— 2 December 2008. Written Answers

[Deputy James Reilly.] if the benefit of this expenditure will be lost when staff relocate to new premises; and if she will make a statement on the matter. [43842/08]

Minister for Health and Children (Deputy Mary Harney): It has long been recognised that Hawkins House is not a viable long-term Headquarters for the Department of Health and Children. Following discussions with the Office of Public Works and consideration of various options it was agreed that my Department’s HQ would relocate from Hawkins House to the premises on St. Stephen’s Green currently occupied by the Office of Public Works, following OPW’s vacating of that premises and their relocation to Trim under the Government’s decen- tralisation programme. With regard to the future of the Hawkins House site, I am informed that the Office of Public Works considered a number of options, and that these options were subject to independent valuation. These assessments concluded that a Lease Agreement with the owner of the Apollo premises, which would allow that owner to develop the consolidated Hawkins/Apollo sites, was most beneficial to the State. The costs of the redevelopment will be borne entirely by the owner of the Apollo premises. In accordance with standard practice the OPW engaged Consultant Architects to review the Stephen’s Green premises and identify any work needed to meet my Department’s require- ments. Based on accepted accommodation norms, the initial estimate received suggests a cost of the order of \3.2 million to complete necessary works. Every effort will be made to minimise the costs arising in this context. A new IT Computer Room was provided in Hawkins House in 2007 as part of a number of refurbishment works carried out by the Office of Public Works that year. This work was neces- sary to ensure that IT services and security were maintained. The cost of this facility, including VAT, was slightly under \400,000. The bulk of the equipment installed as part of the refur- bishment of the computer room can be reused elsewhere.

Health Services. 227. Deputy Tom Hayes asked the Minister for Health and Children if, further to Parliamen- tary Question No. 172 of 26 November 2008, she will supply the emerging recommendations of the multi-disciplinary working group she refers to created by the Health Service Executive and Government in the aftermath of the Pollack report, including the service requirements established by them. [43843/08]

Minister for Health and Children (Deputy Mary Harney): Following publication in 2005 of the report by Dr Ronnie Pollock which was commissioned by the Cystic Fibrosis Association of Ireland, the Health Service Executive established a Working Group to undertake a detailed review of cystic fibrosis services. The Group, which was multi-disciplinary in its composition, was asked to review the current configuration and delivery of services to persons with cystic fibrosis in Ireland. The Group identified a range of service improvements required for persons with Cystic Fibrosis, including the need to increase the level of clinical, nursing and allied health professional staffing in Cystic Fibrosis units around the country. My Department has requested the Parliamentary Affairs Division of the Executive to respond directly to the Deputy with regard to the recommendations made by the Working Group.

Hospital Waiting Lists. 228. Deputy Joanna Tuffy asked the Minister for Health and Children when hip replacement surgery will be carried out for a person (details supplied) in County Dublin. [43854/08]

354 Questions— 2 December 2008. Written Answers

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

Hospitals Building Programme. 229. Deputy James Reilly asked the Minister for Health and Children the projected or esti- mated cost of the proposed extension to Kenmare Community Hospital; the estimated cost of the proposed new hospital at Kenmare; and if she will make a statement on the matter. [43857/08]

Minister for Health and Children (Deputy Mary Harney): Responsibility for the management and delivery of health and personal social services including estate management was assigned to the Health Service Executive under the Health Act 2004. Therefore the Executive is the appropriate body to respond to the particular query raised by the Deputy. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Medical Cards. 230. Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [43867/08]

Minister for Health and Children (Deputy Mary Harney): As the Health Service Executive has the operational and funding responsibility for the medical card benefit, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Departmental Correspondence. 231. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the number of requests she has received, inside or outside of Da´il E´ ireann to have the Grove Hospital, Tuam re-opened. [43930/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): I fully appreciate the concerns expressed to me to develop health facilities on this site. However, as I indicated to the Deputy in my reply to his Parliamentary Question of 18 November last, the Health Service Executive (HSE) is the appropriate statutory body to consider in the first instance any proposals in this regard. I understand that the Executive subsequently wrote to the Deputy following my reply of 18 November outlining its position to develop a Health Campus at this location in Tuam. The question of developing modern, high quality health infrastructure on this site has been brought to my attention in many guises in recent times, both inside and outside the Dail. Given the multi-disciplinary nature of proposed service developments at the site, my Department is regularly kept aware of this issue by the HSE. In this context, it is not feasible to specify, in my capacity as Minister, the number of requests, whether oral or written, I have received on this matter over an unspecified period of time.

355 Questions— 2 December 2008. Written Answers

Services for People with Disabilities. 232. Deputy David Stanton asked the Minister for Health and Children if she has received a report of the audit of the national intellectual disability database; when such report was received; when she will publish same; and if she will make a statement on the matter. [43990/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): The National Intellectual Disability Database (NIDD) was established in 1995 and has in excess of 25,500 registrations. The database was established to ensure that information would be avail- able to provide appropriate services to people with an intellectual disability and their families. An Audit of the Intellectual Disability Database has been carried out. The aim of the audit is to assess the level of accuracy of the data held on the database. The results of the Audit will be used to make recommendations on improving the accuracy and integrity of the data extracted from the NIDD. A report on the Audit will be produced in 2009.

Health Service Staff. 233. Deputy Pat Breen asked the Minister for Health and Children further to Parliamentary Question No. 544 of 24 September 2008 the progress made in the filling of positions at a facility (details supplied) in County Limerick; and if she will make a statement on the matter. [44015/08]

Minister for Health and Children (Deputy Mary Harney): I have identified the need to improve services for persons with cystic fibrosis as a priority in the Estimates process over recent years. Since 2006, additional revenue funding of \6.78m has been allocated to the Health Service Executive (HSE) to develop services for patients with cystic fibrosis. The HSE has advised that 44 additional staff dealing with cystic fibrosis have been appointed to date across a number of hospitals, including St Vincent’s, Beaumont, Temple Street, Crumlin, Tallaght, Cork University Hospital, Galway, Limerick and Waterford. The necessary funding is available to facilitate the recruitment of a further 37 staff nationally. My Department has requested the Parliamentary Affairs Division of the HSE to reply directly to the Deputy regarding the development of the service at the Mid West Regional Hospital, Limerick.

234. Deputy Ulick Burke asked the Minister for Health and Children the number of work- days lost through sick leave as a result of work related stress in each of the Health Service Executive areas for 2007 and 2008; if there are indicators as to the cause of this stress; and if she will make a statement on the matter. [44018/08]

Minister for Health and Children (Deputy Mary Harney): Almost 130,000 people work full- time or part-time in our public health services. Subject to overall parameters set by Govern- ment, it is a matter for the Health Service Executive to manage and deploy its human resources to best meet the requirements of the Annual Service Plan for the delivery of health and per- sonal social services to the public. Therefore, the Executive is the appropriate body to consider the particular issues raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Cycle Facilities. 235. Deputy Catherine Byrne asked the Minister for Transport if he will explain the details

356 Questions— 2 December 2008. Written Answers of the proposal in budget 2009 for funding for cycle lanes in Dublin City; the way this scheme will operate; the person who will be responsible for overseeing its implementation; and if he will make a statement on the matter. [43774/08]

Minister for Transport (Deputy Noel Dempsey): My colleague, the Minister for the Envir- onment, Heritage and Local Government indicated on 15 October 2008, in his response to the 2009 Budget, that we will be providing a special cycling package for Dublin to the tune of \5 million to include funding for work on the city centre portion of the proposed Sutton to Sandycove Cycle route and funding to upgrade and maintain existing cycle routes in Dublin. Operational arrangements for delivery of the package by the local authorities concerned are currently under consideration and will be put in place to enable progress to be made as early as possible in the New Year.

Public Transport. 236. Deputy Fergus O’Dowd asked the Minister for Transport the average age of the bus fleet at both Dublin Bus and Bus E´ ireann; the number of vehicles and passenger capacity of the fleet; the average age after the extra buses recently tendered for by Dublin Bus are added to the fleet; the number of vehicles and the passenger capacity of the fleet after the extra buses recently tendered for are added to the fleet; if Dublin Bus believes that its fleet is of adequate size to meet demand; and if he will make a statement on the matter. [43363/08]

238. Deputy Fergus O’Dowd asked the Minister for Transport the number of vehicles retired from service by Bus E´ ireann and Dublin Bus over the past five years; if these vehicles are considered still serviceable, and therefore are sold on to other operators, or are considered beyond service and scrapped; the amount of revenue that has been derived by the companies from the sale of vehicles over the past five years; the locations in the company accounts at which this revenue is referenced; and if he will make a statement on the matter. [43365/08]

241. Deputy Fergus O’Dowd asked the Minister for Transport if a fuel management and measurement strategy is in place in each of the three CIE companies; the metrics used to evaluate fuel performance; and the performance improvements, energy and cost efficiencies that have been achieved. [43368/08]

242. Deputy Fergus O’Dowd asked the Minister for Transport the average distance travelled by Dublin Bus and Bus E´ ireann vehicles per annum; and if he will make a statement on the matter. [43369/08]

249. Deputy Fergus O’Dowd asked the Minister for Transport the number of passenger journeys by Dublin Bus, Bus E´ ireann and Iarnro´ dE´ ireann for each of the first three quarters in 2008; the way these numbers compare against the previous four quarters in 2007; and if he will make a statement on the matter. [43376/08]

250. Deputy Fergus O’Dowd asked the Minister for Transport the revenue generated by Dublin Bus, Bus E´ ireann and Iarnro´ d Eireann for each of the first three quarters in 2008; the way this compares against the corresponding quarters in 2007; and if he will make a statement on the matter. [43377/08]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 236, 238, 241, 242, 249 and 250 together.

357 Questions— 2 December 2008. Written Answers

[Deputy Noel Dempsey.]

The details sought by the Deputy in relation to the Dublin Bus and Bus E´ ireann fleets are operational matters for the companies and I have asked them to compile the information sought and forward it directly to the Deputy. In relation to the adequacy of the Dublin Bus fleet to meet demand, the forthcoming cost and efficiency review of Dublin Bus will give an independent assessment of the current position in that regard.

237. Deputy Fergus O’Dowd asked the Minister for Transport the reason Dublin Bus has gone to tender for 350 new vehicles; the purchase cost associated with these vehicles; when these vehicles will be purchased; when these vehicles will become operational; and if he will make a statement on the matter. [43364/08]

Minister for Transport (Deputy Noel Dempsey): The procurement of vehicles for its bus services are matters for Dublin Bus and not one in which I have any role.

Question No. 238 answered with Question No. 236.

239. Deputy Fergus O’Dowd asked the Minister for Transport his views, in view of the pressure on Government finances, of availing of the spare capacity that exists in the private bus sector to meet the continuing growth in public transport demand and in doing so, minimise the additional capital cost to the taxpayer of having to purchase new bus vehicles for Dublin Bus. [43366/08]

Minister for Transport (Deputy Noel Dempsey): It is open to Dublin Bus, within the funding resources available to it, to avail of private sector capacity on a contract basis in the provision of bus services. It is also open to private sector operators to seek licences under the Road Transport Act 1932 to provide bus services.

Public Transport. 240. Deputy Fergus O’Dowd asked the Minister for Transport the reason the 2007 annual accounts of Bus E´ ireann and Dublin Bus provide only collective profit total for the whole businesses, and do not provide separate financial information for the various divisions, that is the profit-making expressway services and airport services, the school transport operations which are wholly separate from the PSO business, and the PSO business itself; if it would aid the transparency of the accounts to list these items separately; if he will provide the profit figure for each of these three areas for 2007; and if he will make a statement on the matter. [43367/08]

252. Deputy Fergus O’Dowd asked the Minister for Transport if he is satisfied that the provision for liabilities and charges of \48.5 million for Bus E´ ireann and \87.5 million for Dublin Bus are justified; if he has satisfied himself with the accounting treatment of these annual charges in these companies accounts and the release from these provisions after calcu- lation of annual subvention; and if he will make a statement on the matter. [43380/08]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 240 and 252 together. The annual accounts and financial statements of CIE´ and its subsidiary companies are pre- pared in accordance with the requirements of the Transport Acts 1950 and 1986 and applicable company law and generally accepted accounting practice, and are subject to independent audit.

358 Questions— 2 December 2008. Written Answers

The annual accounts include details in the notes to the accounts (Note 18 in the case of Bus E´ ireann and Note 1 in the case of Dublin Bus) to the 2007 accounts of revenue and costs broken down by commercial and public service obligation services. The basis for the provisions included in the financial statements of Bus E´ ireann and Dublin Bus for liabilities and charges, which I understand relate mostly to potential 3rd party and employer liability claims and are based on professional accounting and claims advice, is set out in the notes, to the accounts.

Questions Nos. 241 and 242 answered with Question No. 236.

Rural Transport Initiative. 243. Deputy Fergus O’Dowd asked the Minister for Transport the cost per annum for each of the years 2003 to 2007 of the rural transport initiative; the number of passengers carried in each of these five years under the RTI service with a county breakdown of RTI services in operation in each of these five years; the distance in kilometres in total in each of these five years RTI the bus services cover; the amount of fuel in litres per 100 km RTI bus services used in each of these five years; and if he will make a statement on the matter. [43370/08]

Minister for Transport (Deputy Noel Dempsey): My Department provided Euro 3.0 million in each of the years 2003 and 2004, Euro 4.5 million in 2005 and Euro 5.1 million in 2006 for the pilot Rural Transport Initiative (2002-2006). Euro 9.0 million was provided in 2007 for the new Rural Transport Programme (RTP). Pobal, which administers the RTP on behalf of my Department, is currently working with 37 individual rural community transport groups around the country to expand the programme on a phased basis in response to local public transport service needs and having regard to the availability of resources. I understand that most of the services are provided for the RTP groups are by private transport operators and that many of the services operate across county boundaries. The transport modes utilised by the individual RTP groups vary in accordance with the needs that they are trying to address and can include mini-buses, taxis and private cars. The following table indicates the number of RTI/RTP services provided and passenger jour- neys recorded for each of the years 2003-2007.

Year Number of Services Number of Passenger Journeys

2003 39,990 150,918 2004 64,954 514,137 2005 74,914 651,391 2006 93,419 791,264 2007 120,753 998,350

Information relating to kilometres travelled or the amount of fuel in litres per 100 km is not currently recorded for the RTP. I have asked Pobal to maximise efficiency and effectiveness with regard to all expenditure incurred under the Programme and to ensure that the available funding is concentrated as much as possible on the provision of transport services rather than administration.

Bus Passenger Licences. 244. Deputy Fergus O’Dowd asked the Minister for Transport the number of annual bus passenger licences applied for to his Department in each of the past five years; the average 359 Questions— 2 December 2008. Written Answers

[Deputy Fergus O’Dowd.] length of time taken to acquire an annual passenger bus licence from his Department; the average length of time taken to amend an annual passenger bus licence from his Department; the number of outstanding annual passenger licence applications that exist in his Department; and if he will make a statement on the matter. [43371/08]

245. Deputy Fergus O’Dowd asked the Minister for Transport the average length of time taken to authorise a new bus service or amend an existing bus service for Bus E´ ireann and Dublin Bus on expressway services or different routes; and if he will make a statement on the matter. [43372/08]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 244 and 245 together. The statistical information requested by the Deputy is outlined in the table. My Department currently has a total of 34 outstanding annual passenger licences applications.

Year Applications received for new annual passenger licences

2003 73 2004 170 2005 60 2006 91 2007 116 2008 (to date) 73

Applications for annual licences are generally dealt with on a first come, first served basis. However the processing of applications is critically influenced by issues such as the complexity of the application, the presence of other services on the route, or part of the route, to which the application relates or prior applications from other bus operators. Accordingly it is not possible to establish a specific time frame within which all licence applications are assessed. However, where applications are straightforward, they are processed within a matter of weeks. The remit of the 1932 Act does not extend to the operation of services by Bus Eireann or Dublin Bus. However since 10 January 2001, both of these companies are required by Minis- terial direction to notify my Department of any proposed new services or proposed changes to existing services at least four weeks prior to their introduction. Where proposed services by either company are deemed to be in competition with services that are the subject of a licence under the 1932 Act, they are required to obtain my consent under section 25 of the Transport Act 1958 before they can introduce such services. Therefore, it is not possible to establish a specific time frame within which all notifications are processed. Again, where applications are straightforward they are processed within a matter of weeks.

246. Deputy Fergus O’Dowd asked the Minister for Transport the arrangements being made to transfer the licensing function from his Department to the Dublin Transport Authority; if new legislation is required; and when the process is expected to be complete. [43373/08]

Minister for Transport (Deputy Noel Dempsey): The forthcoming Public Transport Regu- lation Bill, which is currently being drafted, will introduce a new bus route licensing regime and replace of the Road Transport Act 1932 and the provisions of the Transport Act 1958 that relate to the provision of bus services by the State bus companies. The Bill will also include the transfer of statutory responsibility for the licensing of commercial public bus services from my Department to the Dublin Transport Authority. 360 Questions— 2 December 2008. Written Answers

It is my intention to seek shortly Government approval to a General Scheme of the Bill with a view to publication early in 2009. It is not possible at this juncture to indicate when the necessary legislation will be enacted.

247. Deputy Fergus O’Dowd asked the Minister for Transport if a recent High Court settle- ment has resulted in changes to the procedures for the issuing of licences; and if he will make a statement on the matter. [43374/08]

Minister for Transport (Deputy Noel Dempsey): My Department, in consultation with its legal advisers, is currently giving consideration to its bus licensing procedures in the light of the recent settlement.

Public Transport. 248. Deputy Fergus O’Dowd asked the Minister for Transport the amount of capital that has been invested in intercity services by Bus E´ ireann for each of the years 2003 to 2007; the grants given to Bus E´ ireann in relation to vehicles used on these services; and the profit generated by these services in each of the past five years. [43375/08]

Minister for Transport (Deputy Noel Dempsey): No Exchequer grants have been paid to Bus E´ ireann towards the cost of vehicles used on its (Expressway) intercity services. My Department has asked Bus E´ ireann to compile and forward the other information sought by the Deputy.

Questions Nos. 249 and 250 answered with Question No. 236.

251. Deputy Fergus O’Dowd asked the Minister for Transport the way the 260 new coaches provided to Bus E´ ireann in the past year were financed, are being used, and where publicly they were funded; and if he will provide an assurance that they are not being used on expressway routes, coach touring or other commercial activities. [43379/08]

Minister for Transport (Deputy Noel Dempsey): Total Exchequer funding of \33.9 million has been allocated to Bus E´ ireann in the period 2007/2008 towards the cost of 239 new buses for its city and town services and other local services. Bus E´ ireann has taken delivery of 158 of these buses, which have been deployed on city and town services and local services, that is, public service obligation services throughout the country. Separately Bus E´ ireann has pur- chased and funded from its own resources in this period a total of 60 coaches for use on its commercial Expressway and touring services.

Question No. 252 answered with Question No. 240.

Commemorative Events. 253. Deputy Fergus O’Dowd asked the Minister for Transport his views on the views of a person (details supplied) seeking Government recognition for a national day of remembrance for victims of road accidents. [43415/08]

Minister for Transport (Deputy Noel Dempsey): World Day of Remembrance for Road Traffic Victims was on Sunday 16th November, and I understand the Road Safety Authority in conjunction with local Road Safety Officers, the Emergency Services and the Gardaı´ marked the day with a number of events. The Government’s Road Safety Strategy 2007 to 2012 includes a specific Action 14, for which the Road Safety Authority is the lead agency, to “integrate international road safety awareness

361 Questions— 2 December 2008. Written Answers

[Deputy Noel Dempsey.] events such as UN Global Road Safety Awareness Week, EU Road Safety Day and into road safety plans.”

State Airports. 254. Deputy Pat Breen asked the Minister for Transport when he proposes to introduce public safety zones at the State airports in view of the fact that the final ERM report has been with his Department since 8 March 2005; if it is proposed to introduce similar PSVs at each regional airport; and if he will make a statement on the matter. [43542/08]

Minister for Transport (Deputy Noel Dempsey): The Department of Transport and the Department of the Environment, Heritage and Local Government jointly commissioned con- sultants (Environmental Resources Management — ERM) to address public safety on the ground based on current scientific practice. The final report was formally presented to the Minister for Transport and the Minister for Environment, Heritage & Local Government on 30 September 2003. In January 2005, the Government approved the drawing up of planning guidelines by the Minister for the Environment, Heritage and Local Government, to be issued to Local Auth- orities regarding Public Safety Zones at the three State Airports (Cork, Dublin and Shannon) based on the Report by ERM. These Guidelines are being drawn up by the Department of Environment, Heritage and Local Government and will be issued for public consultation. The question of applying similar Public Safety Zones to regional and privately owned aerodromes/ airports is under consideration.

Public Transport. 255. Deputy Ruairı´ Quinn asked the Minister for Transport the percentage of buses used for public transport nationwide which are wheelchair accessible; and if he will make a statement on the matter. [43559/08]

Minister for Transport (Deputy Noel Dempsey): My Department’s Sectoral Plan under the Disability Act 2005, titled ‘Transport Access for All’, provides that by end 2012 urban bus services will be fully accessible and that by 2015 practically all vehicles used for stage carriage and rural services will be accessible. I understand from Dublin Bus that over 70% of its fleet is accessible. Bus E´ ireann has already met its target of one hundred percent accessibility of its city bus services (Cork, Galway, Limerick and Waterford) and has purchased a number of new generation accessible inter-urban coaches, which have only recently come on the market. The company also operates accessible buses on some commuter routes and in a number of rural areas. I understand from Pobal that in funding services under the Rural Transport Programme they require community groups to take accessibility features into consideration when evaluating tenders for local services. In addition, community owned vehicles are either already accessible or are being adapted to ensure that they meet accessibility requirements. The Dublin Transport Authority Act 2008 requires contracts for the procurement of public transport service to provide, inter alia, for accessibility standards for services. At present I am not empowered in law to make the use of accessible vehicles a requirement for obtaining a licence under the Road Transport Act 1932. I intend to include such a requirement in the proposals that I am developing to modernise the 1932 Road Transport Act.

362 Questions— 2 December 2008. Written Answers

256. Deputy Ruairı´ Quinn asked the Minister for Transport the percentage of Dublin Bus vehicles which are wheelchair accessible; and if he will make a statement on the matter. [43560/08]

Minister for Transport (Deputy Noel Dempsey): The percentage of Dublin Bus vehicles which are currently wheelchair accessible is 72%.

257. Deputy Ruairı´ Quinn asked the Minister for Transport the percentage of Iarnro´ d E´ ireann train carriages which are wheelchair accessible; and if he will make a statement on the matter. [43561/08]

Minister for Transport (Deputy Noel Dempsey): Currently 95% of all Iarnro´ dE´ ireann trains are accessible.

258. Deputy Terence Flanagan asked the Minister for Transport if he will report on a meeting held between his Department and a community group (details supplied) in County Dublin in June 2008 regarding a public transport matter; the progress to date in addressing the matter discussed; and if he will make a statement on the matter. [43771/08]

Minister for Transport (Deputy Noel Dempsey): The Minister of State Noel Ahern T.D. along with an official of my Department met with a delegation from the Kew Park Residents Association on 18th June 2008 to discuss residents’ needs for the provision of a bus service for their housing estate. The delegation explained that residents in that area currently have no direct access to a bus service to the city centre. It was explained to the delegation that in August 2007 my Department informed Dublin Bus that a notification to reroute some of their services on the 25 route to serve Kew Park would require Ministerial consent in accordance with section 25 of the Transport Act 1958, due to competition with an existing licence operated by Morton’s Coaches. My Department received no such application under section 25. It was explained to the delegation that it is open to any operator, whether they are a private operator or a state body, to make an application to the Department for the provision of services in any area. The Department can have no influence in directing an operator to serve a particular route and the operation of services is a matter for individual companies. It was also explained that Dublin Bus is exempt from the current licensing regime but, where proposed services by Dublin Bus are deemed to be in competition with services that are the subject of a licence under the 1932 Act, they are required to obtain Ministerial consent under section 25 of the Transport Act 1958 before they can introduce such services. Since that meeting Morton’s Coaches has ceased to operate the route licence they held for the area. However my Department has not received any further applications from either private operators or notifications from Dublin Bus for the provision of services in the Kew Park region.

Taxi Regulations. 259. Deputy Finian McGrath asked the Minister for Transport the position regarding a matter (details supplied). [43788/08]

Minister for Transport (Deputy Noel Dempsey): Under the Taxi Regulation Act 2003, the Commission for Taxi Regulation is now the independent public body responsible for the development and maintenance of the regulatory framework for the control and operation, including licensing, of taxis, hackneys, limousines and their drivers. However, the Commission

363 Questions— 2 December 2008. Written Answers

[Deputy Noel Dempsey.] for Taxi Regulation does not have any remit or statutory power under the Taxi Regulation Act 2003 in relation to the control of the number of licences issued. While there are no quantitative restrictions on entry to the taxi market, there are, however, restrictions of a qualitative nature which are determined by the Commission. In that context, the Commission has appointed consultants to undertake an extensive review of the small public service vehicle sector. The review is expected to be completed before the end of this year.

Coast Guard Services. 260. Deputy Arthur Morgan asked the Minister for Transport the cost incurred for pay at each coast guard station here in each of the past three years for which figures are available; and if he will make a statement on the matter. [43899/08]

Minister of State at the Department of Transport (Deputy Noel Ahern): The Irish Coast Guard has fifty-five Stations from which marine rescue services are delivered by volunteer units available for emergency callouts. Each Unit has an Area Officer and a Deputy Area Officer. These officers are paid an annual retainer of \888.80 and \444.40 respectively. Accordingly, the cost incurred for pay for each station for each of the years 2006, 2007 and 2008 was \1,333.20 with some slight variation where the post of Area Officer or Deputy Area Officer was vacant for a period of time. A list of the Stations is as follows.

Coast Guard Stations

Achill Doolin Mulroy Ardmore Drogheda North Aran Arklow Dun Laoghaire Old Head of Kinsale Ballybunion Dunmore East Oysterhaven Ballycotton Fethard Rosslare Ballyglass Glandore Seven Heads Baltimore Goleen Skerries Bonmahon Glenderry South Aran Bunbeg Dunmore East Summer Cove Greencastle Toe Head Castlefreke Greenore Tory Island Castletownbere Greystones Tramore Cleggan Guileen Waterville Clogherhead Helvick Head Westport Costello Bay Howth Wicklow Courtown Kilkee Youghal Crosshaven Killala Lough Derg Curracloe Kilmore Quay Dingle Knightstown

Residency Permits. 261. Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the position of an application for long-term residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [43384/08] 364 Questions— 2 December 2008. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The position in relation to granting long term residency is as follows: persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa con- ditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. The dependants of the aforementioned, who have been legally resident in the State for over five years, may also apply for long-term residency. This particular long-term permission does not grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be counted towards long term residency. While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date. An application for long term residency from the person referred to by the Deputy was received in October 2007. I understand that applications received in January 2007 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

Road Traffic Offences. 262. Deputy Sea´n Sherlock asked the Minister for Justice, Equality and Law Reform the number of speeding fines issued on non-national roads and primary roads within the northern divisional area of Cork County Council for 2008; and if he will make a statement on the matter. [43764/08]

263. Deputy Sea´n Sherlock asked the Minister for Justice, Equality and Law Reform the number of speeding fines issued on non-national roads, national secondary roads and primary roads within the southern division of Cork County for 2008; and if he will make a statement on the matter. [43765/08]

264. Deputy Sea´n Sherlock asked the Minister for Justice, Equality and Law Reform the number of speeding fines issued on non-national roads, national secondary roads and primary roads within the northern division of Cork County for 2008; and if he will make a statement on the matter. [43766/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 262 to 264, inclusive, together. I am informed by the Garda authorities that the following table shows the number of fixed charge notices issued for speeding in each of the following Garda Divisions to date in 2008:

Division Total

Cork City 5,412 Cork North 5,074 Cork West 2,654

Figures provided are operational, provisional and liable to change. I am also informed that it is not possible without a disproportionate use of resources to provide the information by road type as requested by the Deputy. 365 Questions— 2 December 2008. Written Answers

Garda Operations. 265. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the applications to the Garda vetting unit including the nature of the request for vetting, the number of requests submitted, the number of clearance certificates issued and the average length of time to process applications in each of the years 2003 to date in 2008; and if he will make a statement on the matter. [43361/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Garda Central Vetting Unit (GCVU) provides employment vetting for a number of organisations in Ireland, registered with the Unit, which employ personnel to work in a full-time, part-time or voluntary capacity with children and/or vulnerable adults. The procedure is also conducted for fostering and the Adoption Board. The service being provided is continually being extended, on a phased basis to such organisations. It is estimated that in the years 2003 to 2005 the following was the position:

• 2003 — approximately 100,000 applications were received, with an average processing time of between 7 to 9 weeks;

• 2004 — approximately 120,000 applications were received, with an average processing time of 6 to 8 weeks;

• 2005 — approximately 150,000 applications were received, with an average processing time of 6 to 7 weeks.

The details for the period since 2006 are as follows:

• 2006 — 137,600 applications were received, with an average processing time of 5 to 6 weeks;

• 2007 — 187,864 applications were received, with an average processing time of 4 to 5 weeks;

• 2008 (to date) — almost 201,500 applications have been received, with an average pro- cessing time of 4 weeks from the date of receipt.

It should be borne in mind that the average processing time can be longer where further enquiries by the GCVU are necessary in relation to any given application.

Citizenship Applications. 266. Deputy David Stanton asked the Minister for Justice, Equality and Law Reform the number of applications for citizenship being processed; the average time it takes to process an application for citizenship; and if he will make a statement on the matter. [43362/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): There are currently 15,600 applications for naturalisation with the Citizenship Division of my Department that are still awaiting a decision. The number of applications which were made more than 18 months ago is 6,400 and of these 30% (1,900) are on hold awaiting a response from the applicant and 44% (2,800) are awaiting a response from other statutory bodies as part of the normal appli- cations checking process. Following the recent decentralisation of the Citizenship Division to Tipperary Town, substan- tial resources have been made available to it in order to reduce backlogs and provide a better quality service to all applicants. This has had a positive impact on processing times and the

366 Questions— 2 December 2008. Written Answers average time from application to decision for the generality of valid applications is now at 23 months. It is expected that this will progressively improve over the coming year and the Division is currently commencing further processing of applications received in mid 2007. A significant number of applications are initially found to be invalid for a variety of reasons and these are now being dealt with and returned to the applicant within a week. More complicated cases can at times take more than the current average while an element of straight forward cases are now being dealt with in less than that time scale. The Deputy will appreciate that there is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Proposed Legislation. 267. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he will introduce controls on the buying, use and selling of air soft rifles which are virtually indistinguishable in appearance from firearms, having regard to the fact that they are not subject to any laws; and if he will make a statement on the matter. [43406/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I intend to intro- duce measures that will address the Deputy’s, and my own, concerns in relation to this matter in the Criminal Justice (Miscellaneous Provisions) Bill which will be published in the coming weeks. While I recognise that further measures are necessary, I should point out that the use of such equipment during the course of committing an offence carries with it heavy penalties.

Asylum Applications. 268. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the countries which are designated by ministerial order as safe countries for the return of refugees and the parts of the countries which are designated by ministerial order as safe parts of coun- tries; the way these designations are made; the frequency with which they are reviewed; if the Democratic Republic of Congo or parts of that county have ever been designated as safe; and if he will make a statement on the matter. [43428/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Refugee Act 1996 is the principal legal instrument in Irish law dealing with refugee matters. The Act provides for the designation of a country as a safe country of origin. There is no provision providing for the designation of a country as a safe country for the return of refugees as referred to in the question. Section 12(4) of the Act provides for the procedure for the designation of a country as a safe country of origin. The Minister for Justice, Equality and Law Reform may, after consultation with the Minister for Foreign Affairs, by order designate a country as a safe country of origin. In deciding whether to make such an order the Minister for Justice, Equality and Law Reform shall have regard for the following matters:

(i) whether the country is a party to and generally complies with obligations under the Convention Against Torture; the International Covenant on Civil and Political Rights, and, where appropriate, the European Convention on Human Rights;

(ii) whether the country has a democratic political system and an independent judiciary;

367 Questions— 2 December 2008. Written Answers

[Deputy Dermot Ahern.]

(iii) whether the country is governed by the rule of law.

Section 12(4) does not make provision for a review of a designation. However, the Minister may by order amend or revoke a designation order. Apart from some countries which were designated as safe countries of origin prior to their accession as Member States of the European Union, there are currently 2 other countries which are designated as safe countries of origin by order under Section 12(4). These countries are Croatia and the Republic of South Africa. Neither the Democratic Republic of Congo, nor any part of that country, has ever been the subject of an order under Section 12(4). I have no proposal at present to make such an order in respect of that country.

Juvenile Offenders. 269. Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform the number of minors detained in juvenile detention centres here; the number of minors who were detained in juvenile detention centres here in 2007; the cost to the State of this detention in 2007; and if he will make a statement on the matter. [43434/08]

Minister of State at the Department of Justice, Equality and Law Reform (Deputy Barry Andrews): The following table outlines the number of young people in detention on the 26th November, 2008:

Males under 18 Females under 18 Total

St. Patrick’s Institution 55 — 55 Children Detention Schools 38 6 44

Total 93 6 99

The total number of young people under 18 years detained by order of the Courts in 2007 is detailed in the following table:

Males under 18 Females under 18 Total

Irish Prison Service 242 5 247 Children Detention Schools 104 33 137

Total 346 38 384

I refer the deputy to the published Annual Report of the Children Acts Advisory Board, available online at http://www.srsb.ie/, which provides detailed information in relation to admis- sion to children detention schools. The Annual Report 2007 of the Irish Prison Service will also provide further statistical data, when published. With regard to the cost of detaining children under 18 years of age in 2007, I refer the Deputy to my reply to parliamentary question 319 of Tuesday, 4th November 2008.

Citizenship Applications. 270. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform 368 Questions— 2 December 2008. Written Answers the position of the application for citizenship in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [43451/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the first person referred to in the Deputy’s Question was received in the Citizenship Section of my Department in April 2007. Officials in that section inform me that processing of the application has commenced and the file will be forwarded to me for a decision in the coming months. Officials inform me that there is no record of an application for a certificate of naturalisation from the second person referred to in the Deputy’s Question. It is open to the person concerned to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory requirements applicable at that time.

Residency Permits. 271. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a stamp four will issue to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [43452/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An extensive search conducted by the relevant officials in my Department has not located any record of the appli- cation to which the Deputy refers. As such, the position remains unchanged from that given in my reply to Parliamentary Ques- tion No 955 of 24 September, 2008. Any application received will be given prompt attention by the relevant officials, and the person concerned will be contacted directly and informed of any decisions made regarding his application.

Refugee Status. 272. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to refugee status in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [43453/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

Residency Permits. 273. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to an application for residency and refugee status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [43454/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Immigration Division of my Department that the person concerned was granted permission to remain in September 2004 under family reunification.

369 Questions— 2 December 2008. Written Answers

Deportation Orders. 274. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if leave to remain here on a subsidiary protection application will be granted to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [43456/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned applied for asylum on 22 August 2007. His application was refused following consider- ation of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was informed, by letter dated 22 August 2008, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regu- lations and, following consideration of this application, it was determined that the person con- cerned was not eligible for Subsidiary Protection in the State. The person concerned was noti- fied of this decision by letter dated 21 October 2008. Following consideration of his case under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoule- ment, a Deportation Order was signed in respect of the person concerned on 30 October 2008. Notice of this Order was served by registered letter dated 6 November 2008 requiring the person concerned to present himself to the Garda National Immigration Bureau (GNIB) on 27 November 2008 in order to make travel arrangements for his deportation from the State. The person concerned has submitted further representations requesting that the Deportation Order be revoked. These representations are under consideration at present and the person concerned will be notified of the outcome when this consideration has been completed. The Deputy might wish to note that the submission of further representations is non-suspensive of the deportation process and, as such, the person concerned should continue to meet the reporting requirements placed on him by the GNIB.

Visa Applications. 275. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position regarding an application for visas in the case of persons (details supplied) in Dublin 6; and if he will make a statement on the matter. [43457/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Based on the infor- mation provided, my Department has no record of current visa applications for the persons in question.

Citizenship Applications. 276. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position regarding an application for citizenship or family reunification in the case of a person (details supplied) in County Cavan; and if he will make a statement on the matter. [43458/08]

370 Questions— 2 December 2008. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Section of my Department in February 2007. Officials in that section inform me that a letter requesting further documentation was sent to the applicant on 25 June 2008. To date, no reply has been received. Further processing of the application will commence once the documentation requested has been received. An application for family re-unification was received from the person referred to in the Deputy’s Question on the 14 October 2008. The applicant was requested to submit further documentation on that date. To date, no documents have been received. Further processing of the application will commence once the documentation requested has been received.

277. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship and family reunification in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [43459/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my reply to Parliamentary Question 134 on 23 October 2008. The position remains as stated.

Residency Permits. 278. Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform if, in view of an Adjournment debate question (details supplied) he will indicate the other form of photographic identification document that is acceptable in this regard. [43470/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Immigration Division of my Department that they have requested the infor- mation sought from the Garda Authorities. The Immigration Division will be in contact with the Deputy when this information is to hand.

Asylum Applications. 279. Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the ongoing religious persecution of Ahmedin people in Pakis- tan; and if this persecution is taken into account in the event of persons of this community applying for asylum, citizenship or other such applications here. [43471/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Persecution, within the meaning of the Geneva Convention relating to the Status of Refugees, arises in relation to an application for asylum. Applications for asylum in Ireland are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether refugee status should be granted. An application for asylum in Ireland is examined in accordance with the provisions of the Refugee Act 1996 and the European Communities (Eligibility for Protection) Regulations 2006. This legislation provides that acts of persecution and the reasons for persecution are essential elements of the assessment of an application. The Regulations provide that for the purposes of making a decision on an application for asylum a decision maker shall take into account all relevant facts as they relate to the country of origin, the relevant statements and documentation presented by the applicant and the individual position and personal circumstances of the appli- cant, so as to assess whether, the acts to which the applicant has been or could be exposed

371 Questions— 2 December 2008. Written Answers

[Deputy Dermot Ahern.] would amount to persecution. These provisions of the Regulations apply, in relation to an application for asylum under the Refugee Act, to a recommendation of the Refugee Appli- cations Commissioner under section 13(1) of the Act or an affirmation or recommendation of the Refugee Appeals Tribunal under section 16(2)(b) of the Act. The Minister has no role in relation to the decision-making functions of the Refugee Appli- cations Commissioner or the Refugee Appeals Tribunal including the elements relating to acts of persecution and the reasons for persecution. Under section 17 of the Refugee Act, a final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

Firearms Offences. 280. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform the number of licensed handguns that have been reported stolen each year for the past five years. [43480/08]

281. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform the number of licensed handguns that have been used in criminal activity each year for the past five years. [43481/08]

290. Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform if he will substantiate the threat to public safety posed by licensed firearms holders; the number of legally held handguns that have been used in crime since 2004; and if he will make a statement on the matter. [43604/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 280, 281 and 290 together. I understand from the Garda Authorities that records indicate that 27 handguns (to 14th November, 2008) have been stolen since 2005 — primarily during burglaries from dwelling houses. A further 1,236 other firearms were stolen during the same period, with a total of 373 recovered. I am further advised that stolen firearms are used in the course of the commission of other criminal offences but, because not all stolen firearms or firearms used in the com- mission of offences are recovered, it is not possible to say precisely how many formerly licensed handguns have been used in a criminal offence in the years 2003 to 2008. As I have stated on a number of occasions I am concerned with the situation we now find ourselves in following the growth in the licensing of handguns over the past few years. We now have about 1,800 handguns licensed which was not as a result of a considered or deliberate public policy decision. I would have concerns about the suitability of a large number of these firearms for legitimate target shooting purposes and I am not going to permit the growth of a ‘hand gun’ culture. It was against this background that I recently announced my proposals for reform in this area, which include a ban on issuing new licenses for handguns and a strict regime for renewal of existing licenses, with limited exceptions made in relation to Olympic sports. These proposals will be reflected in the Criminal Justice (Miscellaneous Provisions) Bill which I will be publishing in the coming weeks. It is important to say that my proposals in relation to handguns will not impinge directly on the activities of the vast majority of licensed firearms holders. I recognise that those firearms

372 Questions— 2 December 2008. Written Answers holders pursue their legitimate interests in a law abiding way and am anxious to have a well- regulated sector in which those interests can be successfully pursued, in cooperation with the relevant authorities.

Garda Stations. 282. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the inaccessibility of Donnybrook, Sundrive Road and Crumlin village Garda stations to people with disabilities; the reason wheelchair ramps are not in place at all Garda stations; if and when ramps will be put in place at all stations; and if not the reason for same. [43482/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am advised that it is the policy of the Office of Public Works to provide for universal access in all new projects, including Garda stations, and as far as is practicable in all other projects. Older buildings and/or protected structures, many of which predate the introduction of current accessibility legislation, can present issues that make such provision problematic. I am advised by the Garda authorities that the Office of Public Works have been requested to examine the stations referred to by the Deputy with a view to providing the requisite access facilities. I am informed by the Garda authorities that they will consult with the National Disability Authority to ensure that its requirements are taken into account where new Garda stations are built or where Garda stations are refurbished, insofar as this is possible.

Services for People with Disabilities. 283. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform the provisions in place to ensure members of the public with sensory disabilities can access gardaı´ at a local level. [43483/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am advised by the Garda authorities that all divisional and district stations have been supplied with an audio frequency induction loop system which allows a person with impaired hearing and who is equipped with an appropriate hearing aid to communicate with Garda. In addition, the new public access call-box systems currently being installed at non-24 hour stations are equipped with a similar induction loop system. The new public access call-box systems also have a braille script to advise visually impaired persons to press the button to communicate with gardaı´. Eircom continues to support the minitel service for contacting emergency services through the 999 or 112 system. I am further advised that the Garda college works with the National Learn- ing Network, which is part of the Rehab group, to raise awareness amongst student gardaı´ in respect of disability. The focus in respect of sensory disability is providing guidance to students in respect of people who are visually impaired and those who suffer from deafness or hard of hearing. The National Learning Network provide awareness training to student gardaı´ as well as general etiquette training when interacting with persons suffering from sensory disability.

Crime Prevention. 284. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform the expected timeframe for the launch of the dial to stop drug dealing non-Garda confidential freefone line by local authority area. [43489/08]

373 Questions— 2 December 2008. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The “Dial to Stop Drug Dealing” initiative is being delivered under the aegis of the National Drugs Strategy Team which reports to my colleague, the Minister of State, Deputy Curran, at the Department of Community, Rural and Gaeltacht Affairs. As I am sure the Deputy will appreciate, its rollout is, therefore, a matter which falls under the remit of that Department. In relation to the launch and implementation of the campaign I am informed that during 2006, the Blanchardstown local drugs task force ran a pilot “Dial to Stop Drug Dealing” cam- paign that was deemed to be successful by the local community, the drugs task force and the Garda Sı´ocha´na. Based on the model of that initiative, funding was secured to run a national “Dial to Stop Drug Dealing” campaign from October 2008. This funding, totalling \450,000, consists of \300,000 which is being made available through the Dormant Assets Fund, \100,000 which is being provided directly by the Department of Community, Rural and Gaeltacht Affairs and \50,000 that my Department is contributing towards the campaign costs. The National Drugs Strategy Team with the help of a marketing and communications company, PCC Lim- ited, is in the process of rolling out a national initiative, which involves a series of local and regional campaigns. These campaigns will be run by a number of local and regional drugs task forces which are interested in and are in a position to participate in the project. Each campaign is designed to encourage people to provide, anonymously if preferred, through a confidential national free phone telephone line, 1800 220 220, any information they may have on drug dealing activity in their area. Information provided is, as appropriate, being forwarded to desig- nated contacts in the Garda National Drugs Unit of the force, which directs it appropriately locally and regionally within the Garda system. The campaign was launched nationally on 30 September 2008 by the Minister of State, Deputy Curran. Five drug task forces — the Tallaght, Blanchardstown, Dublin north inner city and Dublin north-east local drugs task forces and the south-west regional drugs task force — are participating in phase 1 of the campaign, which is running from early October to early December. Phase 2 of the campaign, which will be conducted between January and February 2009, will feature the participation of the southern, south-eastern, north Dublin and mid-west- ern regional drugs task forces and the Cork city local drugs task force. The final phase of this initiative will be run between April and May 2009 with the following task forces participating — the east coast and midlands regional drugs task forces and the Bray, Du´ n Laoghaire- Rathdown and Finglas-Cabra local drugs task forces. I understand that an overall evaluation of the project is expected to be available next summer. I fully endorse this initiative and urge all members of the public to support the campaign.

Road Traffic Offences. 285. Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the number of traffic related convictions in all Clare Garda divisions from 1 January 2008 to the 31 October 2008 broken down as by dangerous-careless driving and motorway offences, failure to produce or display a driving licence, failure to produce or display an insurance certificate, no tax, non- display of tax or unregistered vehicle, speeding offences or other motor offences; and if he will make a statement on the matter. [43491/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Garda Sı´och- a´na Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency. The CSO has established a dedicated

374 Questions— 2 December 2008. Written Answers unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him.

Asylum Applications. 286. Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of persons (details supplied) in County Westmeath who seek leave to remain here on humanitarian grounds. [43520/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The people in question, a husband and wife, made separate applications for asylum on 7 September 2004. Their infant child was included in her mother’s application. Their applications were refused following separate consideration of their cases by the Office of the Refugee Applications Com- missioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with section 3 of the Immigration Act 1999 ,as amended, the people in question were informed, by letter dated 13 May 2005 in her case and by letter dated 25 May 2006 in his case, that the Minister proposed to make deportation orders in respect of them and their child. They were each given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of deportation orders or of making representations to the Minister setting out the reasons they should be allowed to remain temporarily in the State. Represen- tations have been submitted on behalf of the persons concerned. These representations will be fully considered, under 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, before the files are passed to me for decision.

287. Deputy Brendan Howlin asked the Minister for Justice, Equality and Law Reform the number of people who have been granted asylum here, the number of people who have been refused asylum here and the number of people with asylum appeals pending here in relation to applicants for asylum from the Democratic Republic of Congo in respect of each of the past three years; and if he will make a statement on the matter. [43534/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal. The bodies make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate. The information requested by the Deputy in relation to asylum applications from nationals of the Democratic Republic of Congo is set out in the following tables:

Table 1: Recommendations to grant refugee status to asylum applicants from the Democratic Republic of Congo at first instance and at appeal stage 2005-31 October 2008

2005 2006 2007 2008 (31/10)

First Instance * 14 12 * Appeal Stage 17 * 10 *

Total — — 22 —

Please note that figures less than 10 are not made public due to confidentiality reasons. 375 Questions— 2 December 2008. Written Answers

[Deputy Dermot Ahern.]

Table 2: Recommendations to refuse refugee status to asylum applicants from the Democratic Republic of Congo at first instance and at appeal stage 2005-31 October 2008

2005 2006 2007 2008 (31/10)

First Instance 229 106 139 135 Appeal Stage 180 123 64 84

Total 409 229 203 219

As at 31 October 2008 there were 200 appeals relating to asylum applications from the Demo- cratic Republic of Congo pending in the Refugee Appeals Tribunal.

Drugs in Prisons. 288. Deputy Dan Neville asked the Minister for Justice, Equality and Law Reform if he will make a statement regarding a matter (details supplied). [43536/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Irish Prison Service has, in recent months, introduced a package of new security measures across all closed prisons. The purpose of these measures is to eliminate, in so far as is possible, the smuggling of contraband, such as drugs, weapons and mobile phones into our prisons. Not only do these measures enhance the security and safety of our prisons, but they reduce the possibility of prisoners’ families and friends being pressurised into attempting to smuggle these items during visits. All visitors to Limerick Prison must pass through recently enhanced security measures aimed at combatting the trafficking of contraband into the prison. These measures include metal detectors, x-ray scanners and a passive drug-detection dog. A positive indication from the drug-detection dog does not necessarily mean that someone is attempting to smuggle drugs into the prison, but rather that they may have recently been in contact with an illicit substance. In order that the safety and security of our prisons be maintained, persons who receive a positive indication are offered either a screened visit or a visit on an alternative day. I trust the Deputy will accept that a balance must be maintained which preserves prison security at all times.

Domestic Violence. 289. Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform the proposals he has in regard to domestic violence against women (details supplied); and if he will make a statement on the matter. [43557/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Government’s commitment to tackling domestic violence is reflected in the establishment in June 2007 of Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence. Cosc’s key responsibility is to ensure the delivery of a well co-ordinated “whole of Govern- ment” response to domestic, sexual and gender-based violence. Its major priority is to produce a national strategy on domestic, sexual and gender-based violence which has the support of State and non-governmental organisations in the sector. This strategy will set out the policy on addressing the forms of violence concerned as well as the preventative and responsive actions to be taken by a broad range of organisations to ensure a well co-ordinated system is in place. Work on preparing the strategy is well advanced. A round of regional consultations with State and non-governmental organisations is taking place, which includes a consultation in Waterford city today for organisations in the south east. 376 Questions— 2 December 2008. Written Answers

Question No. 290 answered with Question No. 280.

Asylum Support Services. 291. Deputy Sea´n Fleming asked the Minister for Justice, Equality and Law Reform the circumstances and discussion that took place between the Reception and Integration Agency and a person (details supplied) in respect of their moving out of the direct provision centre in County Wicklow and the circumstances involved; if the person continues to be eligible to qualify for direct provision; and if he will make a statement on the matter. [43610/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Reception and Integration Agency is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. The person referred to in the details supplied made an application for asylum on 15 December 2005. This person and her two children were transferred from Beechlawn accommodation centre, Rathdrum, County Wicklow to the Montague accommodation centre, Emo, County Laois on 15 August 2008 at her own request. This person and her children continue to reside at the Montague accommodation centre.

Criminal Prosecutions. 292. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform his views on the attacks on firemen at Hallowe’en; if he will amend the legislation to ensure that the emergency services personnel have the same entitlement to protection and compensation when injured in the line of duty as the Garda Sı´ocha´na have; and if he will make a statement on the matter. [43769/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): All attacks on members of the emergency service are reprehensible and a matter of concern to all right think- ing members of society. The law makes specific and robust provision for attacks on members of the emergency services. The Criminal Justice Act 2006 strengthened the Criminal Justice (Public Order) Act 1994 to make it an offence to assault, or to threaten to assault, or to impede medical personnel in a hospital, people assisting such personnel or a peace officer acting in the course of duty. The definition of peace officer was expanded to include members of the fire brigade and ambulance personnel as well as a member of the Garda Sı´ocha´na, a prison officer and a member of the Defence Forces under these provisions. In addition, the penalties for the offence of assault, or threatening to assault, a peace officer were increased to a fine of \5,000 or up to 12 months’ imprisonment, or both, on summary disposal and to an unlimited fine or up to seven years’ imprisonment, or both, on indictment. The Act also creates specific offences of threatening, assaulting, resisting, wilfully obstructing or impeding doctors, dentists, nurses, midwives, pharmacists, other health and social care workers and any persons assisting them in or at a hospital. Conditions of employment of local authority employees are not within the remit of my Department, but are a matter for local authorities in accordance with the Local Government Act 2001.

Citizenship Applications. 293. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in Dublin 7 will receive their naturalisation papers; and if he will make a statement on the matter. [43770/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the person referred to in the question was received in the

377 Questions— 2 December 2008. Written Answers

[Deputy Dermot Ahern.] citizenship section of my Department in March 2008. Officials in that section inform me that processing of the application has commenced and the file will be forwarded to me for a decision in due course. I understand that the person concerned is a refugee. In accordance with the Government’s obligations under the United Nations convention relating to the status of refu- gees, every effort is made to ensure that applications from people with refugee status are dealt with as quickly as possible. I am informed that there is a discrepancy between the address the Deputy has provided and the address my Department holds on file. It is the responsibility of the applicant to keep the Irish Naturalisation and Immigration Service informed of any change of address in writing.

Asylum Support Services. 294. Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform if per- sons (details supplied) will be transferred to a hostel close to a place of worship for Nigerian Muslims. [43789/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Reception and Integration Agency is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. The mother referred to in the details supplied made an application for asylum on 21 January 2008. The father made an application for asylum on 31 March 2008. An application was made on behalf of the child on 9 May 2008. The family was provided with accommodation at Atlas House accommodation in Killarney in accordance with dispersal policy. Following the request for accommodation close to a place of worship for Nigerian Muslims, the Reception and Integration Agency made inquiries with the Islamic Foundation of Ireland which has stated there is no dedicated mosque for Nigerian Muslims in the State. Notwithstanding this, the agency has made an offer of alternative accom- modation to the family at Old Convent accommodation centre, Ballyhaunis which has access to a mosque in the vicinity.

295. Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform if accommodation will be made available to a person (details supplied) in County Kerry. [43798/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Reception and Integration Agency is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. The person referred to in the details supplied, along with her child, has been accommodated by the agency in direct provision accom- modation since she applied for asylum on 13 March 2007. This person has accepted a transfer of accommodation from Atlas House accommodation centre in Killarney to the Ursuline Complex accommodation centre in Waterford.

Road Traffic Offences. 296. Deputy Tony Gregory asked the Minister for Justice, Equality and Law Reform if he will request a report from the Garda authorities on the action they are taking against a company (details supplied) in Dublin 3 in view of the fact that there is a constant and daily offending in relation to illegal parking on footpaths and so on; and the number of prosecutions they have instituted to date in 2008 against this company for parking offences. [43821/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that, while local Garda management had not been aware of difficulties

378 Questions— 2 December 2008. Written Answers of the kind outlined by the Deputy being experienced in the vicinity and no prosecutions have been commenced to date in 2008 for parking related offences by this business, the issue of parking has been discussed with the management of the business referred to. Local Garda management will continue to monitor this situation and ensure that any breaches of the Road Traffic Acts are dealt with appropriately.

Deportation Orders. 297. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if extended leave to remain will be granted in the case of a person (details supplied) in Dublin 12 pending further appeal on foot of a deportation order; and if he will make a statement on the matter. [43862/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to the reply to his Question No. 366 of Tuesday, 25 November 2008. The status of the person concerned remains as set out in that reply. The person concerned has continued to meet his presentation requirements with the Garda National Immigration Bureau. He is due to present again on Thursday, 4 December 2008. The enforcement of the deportation order remains an operational matter for the bureau.

Residency Permits. 298. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for residency status in the case of persons (details supplied) in County Meath; and if he will make a statement on the matter. [43863/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, appli- cations for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on each application is made following receipt of the recommendation of the Refugee Applications Commissioner or the decision of the Refugee Appeals Tribunal, as appropriate.

Probation and Welfare Service. 299. Deputy Brian Hayes asked the Minister for Justice, Equality and Law Reform the position regarding a PACE facility (details supplied) in Dublin 9; his views on recent specu- lation that the Mountjoy Do´ chas Centre is overcrowded and that prisoners have been released as a result; and if he will make a statement on the matter. [43875/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): My Department, through the Probation Service, provides funding to over 50 voluntary bodies to assist with the management of adult offenders in the community and to add value to the core work of the Probation Service. The PACE organisation is one such facility, which provides training and accommodation services for ex-offenders. In 2008, my Department through the Probation Service provided \1.5 million to PACE. I can confirm that my Department has not received any application from PACE for additional funds for the development of the premises that is the subject of this question. With regard to the number of women in custody since the opening of the Do´ chas Centre in 1999, there has been a serious overcrowding problem at the centre, despite the provision of an additional 20 spaces during the final phase of its construction. For example, on 1 December 2008 there were 110 prisoners in custody in the Do´ chas Centre. This

379 Questions— 2 December 2008. Written Answers

[Deputy Dermot Ahern.] figure exceeded the bed capacity by 29%. In addition, there are 41 female prisoners on tempor- ary release from the Do´ chas Centre. Social and demographic trends indicate that we will con- tinue to experience an increasing level of women prisoners in our prison system. In anticipation of this increase, the Government intends to include an expanded version of the Do´ chas Centre in the plans to move the entire Mountjoy Prison Complex to a greenfield site in the greater Dublin area. Further accommodation for women prisoners will also be included in the planned Munster prison. The Criminal Justice (Temporary Release of Prisoners) Act 2003 provides that the Minister may approve the temporary release of a sentenced prisoner. This discretionary instrument assists in gradually preparing suitable offenders for release, in administering short sentences and is an incentive to well-behaved prisoners. Temporary release arrangements operate simi- larly to a system of parole, which is a feature of prison systems worldwide. They are an important vehicle for reintegrating an offender into the community in a planned way. The generally accepted view is that the risk to the community is reduced by planned reintegration of offenders compared with their return to the community on the completion of their full sentence. Each case is examined on its own merits and the safety of the public is paramount when decisions are made. In addition, all releases are subject to conditions which in the vast majority of cases include a requirement to report on a regular basis to the offender’s local Garda station. Of course, any offender who breaches his or her conditions may be arrested and returned to prison immediately by the Garda.

Passport Applications. 300. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kerry can apply for an Irish passport on the basis of their marriage; and if he will make a statement on the matter. [43877/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Irish National- ity and Citizenship Act 1956, as amended, provides that the Minister for Justice, Equality and Law Reform may, in his absolute discretion, grant an application for a certificate of naturalis- ation provided certain statutory conditions are fulfilled. In the case of an applicant who is the spouse of an Irish citizen, those conditions are that the applicant must be of full age; be of good character; be married to the Irish citizen for a period of not less than three years; be in a marriage recognised under the laws of the State as subsisting; be living together as husband and wife with the Irish spouse; have had a period of one year’s continuous residency in the island of Ireland immediately before the date of the application and, during the four years immediately preceding that period, have had a total residence in the island of Ireland amount- ing to two years; intend in good faith to continue to reside in the State after naturalisation; and have made, either before a judge of the District Court in open court or in such a manner as the Minister, for special reasons allows, a declaration in the prescribed manner of fidelity to the nation and loyalty to the State. It is open to the person concerned to lodge an application for a certificate of naturalisation if and when she is in a position to meet the statutory require- ments applicable at that time.

Departmental Correspondence. 301. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if he has furnished a response to correspondence from a person (details supplied); the steps being taken to address the issues raised; and if he will make a statement on the matter. [43917/08]

380 Questions— 2 December 2008. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Section 12 of the Immigration Act 2004 allows members of the Garda Sı´ocha´na to require a non-national to produce on demand a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality. Members of the Garda are, of course, aware that Irish citizens are not required to carry proof of their citizenship. At the same time, however, it cannot be the case that any foreign national could, by simply claiming to be Irish, negate Ireland’s immigration laws and in particular the requirement to carry identification. Members of the Garda may on occasion need to carry out certain checks in order to confirm a person’s identity and citizenship. The Garda Customer charter outlines the Garda Sı´ocha´na’s commitment to respecting customers and their needs, protecting human rights, and ensuring a caring service approach. Members of the Garda Sı´ocha´na are not subject to direction by me in the discharge of their powers under section 12 of the Immigration Act 2004. However I can say that the Garda Sı´ocha´na Ombudsman Commission is charged with ensuring that admissible complaints made against members of the Garda Sı´ocha´na are examined in a way which is both transparent and equitable and increases public confidence in the force. The Commission is independent in the exercise of its functions and is not subject to direction by the Minister or the Garda Com- missioner in relation to the manner in which complaints are investigated. The Commission’s powers include the power to refer a complaint to the Garda Commissioner for investigation. It also has the power to have the matter investigated by one of its own trained investigative staff. If the ombudsman commission decides to refer a case to the Garda Commissioner for investigation, it can do so with or without supervision and can take over a case if it is not satisfied with the progress or even the outcome of an investigation. The ombudsman com- mission therefore retains ultimate control over every investigation. A complaint may be made to any member of the Garda Sı´ocha´na at any Garda station; to any member of the Garda Sı´ocha´na at or above the rank of Chief Superintendent at a place other than a Garda station; to the Garda Commissioner or directly to an officer or member of the Garda Sı´ocha´na Ombudsman Commission. A complaint may also be made directly to the Garda Sı´ocha´na Ombudsman Commission by calling in person to the Dublin office during the stated hours of public business; in writing; by fax; or by using www.gardaombudsman.ie.A response to the letter referred to by the Deputy will issue in due course.

European Council Meetings. 302. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the council conclusions adopted at the EU Justice and Home Affairs Council meeting recently regarding the second Euro-African Ministerial Conference on Migration and Development. [43918/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): On 27 November 2008, the Justice and Home Affairs Council adopted the conclusions of the second Euro-Africa Ministerial Conference on Migration and Development, which was held in Paris on 25 November last. The joint declaration of African and European ministers at the conference included a multi-annual co-operation programme for the period 2009 to 2011. The programme will focus on practical and operational measures concerning legal migration, irregular migration and migration and development. The link to the joint declaration by African and European Ministers who attended the conference is: www.ue2008.fr/webdav/site/PFUE/shared/ import/1125 conference immigration/Final statement Paris conference EN.pdf.

381 Questions— 2 December 2008. Written Answers

303. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the result of discussions at the recent Justice and Home Affairs meeting on the Metock case; and if he will make a statement on the matter. [43919/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Justice and Home Affairs Council meeting of 27 and 28 November last discussed the topic of “free move- ment of persons: abuses and substantive problems”. The discussions, which follow a debate at the September 2008 Council meeting on the action to be taken following the judgment of the European Court of Justice in the Metock case, focused primarily on this occasion on the poten- tial for abuse of the Free Movement Directive by those involved in serious or persistent crimi- nal activities. Following the discussion, the Justice and Home Affairs Council agreed a set of conclusions. The official English language version of the conclusions has not yet been published on the Council website. Subject to minor changes of translation, the conclusions are as follows:

The Council recalls the discussion it held at its meeting on 25 September 2008 concerning the action to be taken following the judgment of the Court of Justice in the Metock case (C- 127/08) and on the question of the residence of third-country nationals married to EU citizens in the context of tackling illegal immigration. The Council recalls that the right of free move- ment within the European Union is one of the main principles on which the Union is based, for the benefit of European citizens, Member States and the competitiveness of the European economy. That right constitutes a fundamental freedom for citizens and, for those who exer- cise it, entails responsibilities, including respect for the rule of law in the State where they are staying or residing. The Council also emphasises its commitment to developing the Union as an area of freedom, security and justice, of which the fight against crime constitutes an essential aspect. The Council considers that, in compliance with and in the interests of the right of free movement, every effort must be made to prevent and combat any misuses and abuses, as well as actions of a criminal nature, with forceful and proportionate measures with due regard to the applicable law, against citizens who break the law in a sufficiently serious manner by committing serious or repeated offences. In this connection the Council notes the relevant provisions of Directive 2004/38/EC of the European Parliament and of the Council , in particular those set out in Chapter VI concerning restrictions on the right of entry and the right of residence of Community nationals and their family members on grounds inter alia of public policy and public security and the provisions of Article 35 concerning abuse of rights and fraud, such as marriages of convenience and the presentation of forged documents. The Council welcomes the Commission’s intention to submit between now and mid- December an assessment report on the operation of Directive 2004/38/EC and the work which the Commission is organising in close liaison with representatives of the Member States meeting in an expert group to identify problems in the implementation of the Directive and good practice at national level. Concerned that the provisions of Directive 2004/38/EC should be fully and correctly implemented in order to improve the prevention and combating of misuses and abuses, while adhering to the principle of proportionality, the Council requests the Commission to publish guidelines for the interpretation of that Directive early in 2009 and to consider all other appropriate and necessary proposals and measures. The Council will make a more extensive examination of the issue after the report has been submitted and in the light of the other discussions that will continue at the same time.

Transfer of Prisoners. 304. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to the repatriation and treatment in the case of a person (details supplied); if an effort has been made to establish contact with the person or their family here to offer

382 Questions— 2 December 2008. Written Answers assistance or protection, legal, medical or psychiatric advice; if an effort has been made to ascertain the extent to which they have been treated in accordance with their constitutional rights as an Irish citizen; and if he will make a statement on the matter. [44009/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The 1983 Council of Europe Convention on the Transfer of Sentenced Persons provides a mechanism whereby prisoners can be repatriated to their home state in order to serve prison sentences they have incurred abroad. The convention is provided for in legislation in this State by virtue of the Transfer of Sentenced Persons Acts 1995 and 1997 and the process is administered by my Department. The process requires extensive documentation to be exchanged between the rel- evant jurisdictions if an application is to be fully considered. A three-way consent is also required to enable any transfer to take place — from the authorities of both jurisdictions and from the person concerned. On receipt of those consents, assuming they are forthcoming, an application must be made to the High Court for a warrant authorising the transfer of the person concerned and their continued detention here. As advised in previous answers, my Department has not yet received a formal application for a transfer to Ireland in respect of this person from the United Kingdom authorities. My officials have contacted the UK authorities responsible for such repatriations regarding this matter and they have stated that they have not received an application from the person concerned either. If she has not already done so, she should apply for a transfer via her prison governor in the United Kingdom. I would also like to inform the Deputy that officials from my Department have brought this matter to the attention of their colleagues in the Department of Foreign Affairs. The Depart- ment of Foreign Affairs has indicated that the person concerned has not sought consular assist- ance from it. In relation to the treatment of this individual, I am informed by the Department of Health and Children that operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall Vote. The Executive, therefore, is the appropriate body to consider the particular case raised by the Deputy. My Department has asked the Department of Health and Children to request the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

International Agreements. 305. Deputy Brian Hayes asked the Minister for Foreign Affairs the progress made on nego- tiations with the Belorussian authorities to secure continuance of Irish charitable projects work- ing to provide summer holiday opportunities for children from the Chernobyl region in Ireland, and at Christmas time; if continuance of such Irish projects will be governed by a new three year term regulation whereby visiting children from the Chernobyl region who may have stayed with Irish families for three years may not be permitted to return to Ireland again; his views on whether the introduction of such a new regulation will cause heartbreak for many children from the Chernobyl region and for many families from all parts of Ireland particularly since Irish charities and the people of Ireland have been the biggest contributors of support, including international humanitarian aid to the Belorussian community since the Chernobyl nuclear dis- aster of 26 April 1986; and if he will make a statement on the matter. [43928/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): This is an issue of great importance to me and to the host families and organisations who give so generously of their time to the children of Chernobyl. I am determined to bring it to a successful conclusion. Every effort is being made to ensure that the children can continue to visit Ireland for the purposes of rest

383 Questions— 2 December 2008. Written Answers

[Deputy Michea´l Martin.] and recuperation. I spoke on this matter during an Adjournment debate on 18 November last. In addition, I have replied to a number of questions on this important issue, most recently on 11, 12 and 19 November last. Copies of those replies will follow this reply. Late on 14 November, a Belorussian response to a draft agreement between Ireland and Belarus to regu- late the children’s visits which my Department had sent to Minsk was received through our embassy in Moscow. The text of the revised agreement was examined closely by officials in my Department and in the Office of the Minister for Children and Youth Affairs. Our response was conveyed to the Belorussian authorities on 26 November. Following an invitation from Belarus, an Irish negotiating team will travel to Minsk on 8 December with a view to negotiat- ing and concluding the agreement and ensuring that restrictions are either removed or, at worst, minimised. I spoke to the Belorussian Foreign Minister on Friday last, 28 November, and expressed the hope that the negotiations could be concluded satisfactorily on 8 December. I also laid stress on the need to allow visits by children over the Christmas holiday period, irrespective of longer term issues. I will continue to give the matter the highest personal priority.

Reply to Question No. 168 of 19 November last: As the Deputy may be aware, this is an issue of great importance to me personally and I am determined to bring this matter to a successful conclusion. Every effort is being made to ensure that Belorussian children can continue to visit Ireland for the purposes of rest and recuperation. I have replied to a number of questions on this matter, most recently on 11th and 12th of November and I spoke on this matter during an adjournment debate yesterday evening. Late on 14 November, a Belorussian response to a draft Agreement between Ireland and Belarus on the matter which my Department had sent to Minsk was received through our Embassy in Moscow. The text of the revised Agreement is being examined closely by officials in my Department and in the Office of the Minister for Children, and it is intended to forward our response to Minsk shortly with a view to the very early conclusions of nego- tiations. My Department has also received positive indications at official level that visits by children from Belarus can continue while the negotiating process is ongoing. I hope that this can be confirmed with the Belorussian Government in the coming days. Close contact is being maintained with the charities dealing with Chernobyl children as the situation evolves.

Reply to Questions Nos. 233 and 234 of 12 November last: I propose to take Questions Nos. 233 and 234 together. I would refer the Deputy to my reply yesterday to Question No. 410 on developments on this issue. As set out there, a second draft of a proposed Bilateral Agreement between Ireland and Belarus, to facilitate visits to Ireland by Chernobyl children, was conveyed to the Belorussian authorities on 26 October. I expect a response from the Belorussian authorities on this very shortly. Once this is received, my Department will move immediately to try to bring this matter to a satisfactory conclusion. The Deputy can be assured of my ongoing personal commitment and engagement in that regard.

Reply to Question No. 410 of 11 November last: As I mentioned in answer to questions on Wednesday 29 October, once I became aware of possible restrictions on the children’s travel, I met with Adi Roche of Chernobyl Children’s Project International on 8 September to review the situation, and also asked the Charge´ d’Affaires of the Belorussian Embassy in London to visit Dublin later that week to open discussions on an agreement to provide a framework for visits by Chernobyl children. Follow-

384 Questions— 2 December 2008. Written Answers

ing intensive discussions at official level, a draft Agreement was forwarded to the Belorussian authorities on 6 October. On 13 October, I discussed progress at a meeting with Belorussian Foreign Minister Martynov and expressed the Government’s strong hope that — even if negotiations with the Belorussian Government were not fully concluded — Christmas visits by the Chernobyl children to Ireland should be allowed to go ahead. A Belarus response to the draft agreement, requesting further information, was received by my Department on 16 October. Separately, Ireland’s Ambassador to Minsk was notified by the Belorussian auth- orities on 16 October that a Presidential Decree had been signed on 13 October relating to travel by Belorussian children overseas. Given its potential impact on future visits by children from Chernobyl, and following further consultations with Adi Roche and other Chernobyl NGOs, it was decided to deal with the issues arising through our proposed draft agreement. On 24 October, this approach was conveyed to the Belorussian authorities. A reply has been promised to Ireland’s Ambassador on this and is still awaited. Officials remain in constant contact with their Belorussian opposite numbers and an Irish delegation is ready to visit Minsk at short notice with the intention, depending on the Belorussian response, of quickly concluding an agreement which will allow the visits to continue. I am also remaining in very close touch with developments on an issue that is of course of considerable concern to many Irish charities and to individual families, and I am ready to intervene again personally if necessary.

Foreign Conflicts. 306. Deputy Michael D. Higgins asked the Minister for Foreign Affairs if his attention has been drawn to the ongoing religious persecution of Ahmedin people in Pakistan; and if this persecution is taken into account in the event of persons of this community applying for asylum, citizenship or other such applications here. [43472/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): As my predecessor stated in the House on 6 February last, Ireland, together with its EU partners, continues to have concerns about human rights issues in Pakistan, including the situation of the Ahmedin. Promoting religious tolerance remains a key EU objective in Pakistan. We have urged the government there to make every effort to promote effectively the rights of minorities and to improve their current conditions. EU Council Conclusions on 28 April 2008 reaffirmed the importance of human rights in Pakistan as a central priority for the EU. Regular human rights demarches are carried out by the EU at official level with the Pakistani authorities. The situation of minorities was among the issues raised at the last demarche, which took place in June 2007. The EU expressed its continued concerns over abuses of the blasphemy laws, which are often used to harass members of minority communities as well as Muslims. Issues relating to applications for asylum and citizenship are the responsibility of the Minister for Justice, Equality and Law Reform.

Human Rights Issues. 307. Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support pro- posals in relation to Colombia (details supplied). [43473/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): As the Deputy is aware, the third session of the Universal Periodic Review of UN Human Rights Council is being held from 1 to 15 December 2008. Colombia will be reviewed on 10 December. In the lead up to this review, a number of submissions have been received by the Department of Foreign Affairs, including the submission from ABColombia referred to by the Deputy. Ireland will participate

385 Questions— 2 December 2008. Written Answers

[Deputy Michea´l Martin.] actively in the review of Colombia and our contribution will be informed, inter alia, by contri- butions from a wide range of UN and civil society sources, including those from ABColombia.

Foreign Conflicts. 308. Deputy Pat Breen asked the Minister for Foreign Affairs his views on Zimbabwe which appears to be on the brink of collapse both economic and humanitarian; the efforts he and the EU are taking to avert this major crisis; and if he will make a statement on the matter. [43490/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): I remain deeply concerned about the situation in Zimbabwe. Over the last number of years, but especially in recent months, ordinary Zimbabweans have suffered from state violence, economic chaos and the collapse of basic social services such as health and education. Now, as a result of drought, the disruption caused by violence, and a lack of basic inputs such as seeds and fertilisers which farmers can no longer afford, many Zimbabweans are facing a season of hunger. The United Nations believes that the number of people who depend on food aid will reach 5 million in January 2009. The European Commission has allocated an additional \10 million in relief assistance for people affected by the humanitarian crisis in Zimbabwe, while Irish aid to the affected people for the period 2006 to 2008 (to date) amounts to approximately \25 million. At present, there is a serious outbreak of cholera in the country. Substantial political change is urgently needed to bring Zimbabwe back onto a path to stability, peace and economic growth. Despite the appal- ling violence against Movement for Democratic Change supporters since the relatively free elections of March 2008, Morgan Tsvangirai has expressed his willingness to work with Zanu- PF in a unity government. However, the MDC can only represent the Zimbabwean people’s interests effectively in government if Zanu-PF honours its commitments under the 15 September power-sharing agreement. The fact that Zanu-PF is not prepared to allow the MDC to take on the two Ministries — Finance and Home Affairs — which are most crucial for reform is a clear demonstration of bad faith on the part of Robert Mugabe. I am frankly disappointed at the outcome of the Southern African Development Community summit in Pretoria on 9 November, when regional leaders did not press Mugabe to do what it takes to make a unity government workable. Talks resumed in South Africa on 26 November. I believe that some progress has been made on the constitutional changes necessary to implement the power-sharing agreement. However, constitutional change will not be sufficient to allow a unity government to tackle Zimbabwe’s problems if political will is still lacking. The Government has engaged at EU level in the discussion of the current crisis in Zimbabwe and actively contributed to the preparation of the conclusions adopted by the General Affairs and External Relations Council in October. After that meeting, EU Foreign Ministers stated that the EU stands ready to support a transitional government which is taking steps to restore democracy and the rule of law in Zimbabwe. That commitment still stands. The situation in Zimbabwe was discussed at the General Affairs and External Relations Council of 10 November, and I expect that EU Foreign Ministers will wish to comment again on the situation in December. Ireland has conveyed its concerns directly to our partner countries in Africa. We have encouraged the countries of the southern Africa region and organisations such as SADC and the African Union to continue to press the two sides to come to a workable agreement and to respect the democratic verdict of the Zimbabwean people. Most recently, last month I instructed our ambassadors in SADC countries once again to convey our concerns to the auth- orities in our partner countries in southern Africa, in advance of the 9 November SADC

386 Questions— 2 December 2008. Written Answers

Summit. The Irish Ambassador to Zimbabwe, who is based in Pretoria, has had contact with Zimbabwean Ambassador there, and the Zimbabwean authorities can be in no doubt about our strong views. My Department has also ensured that African embassies based in Dublin are aware of our position.

State Visits. 309. Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support a matter (details supplied). [43836/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): While this is a completely hypothetical question, I emphasise, as I have done previously, that no protest was made to the Government of the Czech Republic relating to the programme of its President while in Ireland recently.

Ambulance Service. 310. Deputy Denis Naughten asked the Minister for Foreign Affairs if there is a fund avail- able to repatriate a person with a serious illness who requires to be transported by air ambul- ance; and if he will make a statement on the matter. [43911/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): Over the past decade, the number of Irish citizens travelling and living abroad has increased dramatically. Irish residents made almost 8 million visits overseas in 2007. As a result, requests to my Department for consular assistance and support have increased significantly. Every effort is made to assist families who experience difficulties. While the vast majority of visits abroad are trouble free, some result in death or serious illness, unfortunately. Our missions overseas provide a wide range of practical assistance when Irish citizens experience serious illness. This includes the provision of lists of English speaking doctors and appropriate local medical facilities; communicating with medical personnel or hospital authorities; visiting hospitals and transferring funds from family and friends. We also liaise with insurance or medical evacuation companies. My Department, of course, strongly advises intending travellers to take out adequate travel insurance prior to departure. Failure to take out insurance can lead to considerable financial and logistical diffi- culties for the traveller and his/her family should problems arise. There is no specific fund available for the repatriation of Irish citizens to be transported home by air ambulance. Repatriation by air ambulance is usually organised directly by the family concerned and, where the person concerned is insured, their travel insurance company.

Foreign Conflicts. 311. Deputy Billy Timmins asked the Minister for Foreign Affairs his views on a petition (details supplied); and if he will make a statement on the matter. [43931/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): The Government has consistently called for an end to the isolation of the people of Gaza, in particular through the reopening of crossing points for the movement of people and goods. Gaza has been isolated, in effect, since the Hamas takeover in June 2007, even during the ceasefire between Israeli forces and Hamas that was broadly respected from 19 June 2008 until 4 November 2008. Since June 2007, Israel has maintained the closure of all border crossings for the movement of people, with limited exceptions. Rafah International Crossing Point, the only border crossing via a country other than Israel, also remains closed since June 2007, with very limited openings. Since 4 November, Israel has also effectively closed all border crossings for commercial goods, and even for humanitarian supplies. While there have been some limited openings for humanitarian supplies since 17 November, the volume of supplies remains greatly reduced and insufficient to meet

387 Questions— 2 December 2008. Written Answers

[Deputy Michea´l Martin.] the needs of the local population. The Government agrees with those who say that the effective isolation of Gaza constitutes collective punishment and is illegal under international humani- tarian law. The 1.5 million people in Gaza have been facing unsustainable conditions of daily life, which have been even more acute since 4 November. Ireland will continue to work with its EU partners to ensure that concerns about these matters are conveyed to the Israeli Govern- ment at every appropriate opportunity. At the same time, the Government unreservedly con- demns the rocket attacks from Gaza on towns in southern Israel. Our clear message is for an immediate end to all violence. As regards the call in the petition “for the immediate release of 38 elected Palestinian parlia- mentarians held in Israeli jails”, it is understood that this refers to 37 members of the Palestinian Legislative Council who are imprisoned in Israel. A large majority — 33 parliamen- tarians — are members of Hamas, together with three members of Fatah and one member of the Popular Front for the Liberation of Palestine. A number of the parliamentarians have been convicted by military courts in Israel of various crimes related to affiliation with, or membership of, a terrorist organisation, while others await trial and sentencing. I understand that some of the prisoners were elected as members of the Palestinian Legislative Council after their imprisonment. I would call for the release of all prisoners who have not been subject to due judicial process. In relation to the European Campaign to end the Siege on Gaza, I understand that it is an umbrella body of 31 non-governmental organisations in various European countries who advocate on behalf of Palestinians living in Gaza. One Irish NGO, the Palestinian Rights Foundation, is listed among its membership. The director of the campaign, Dr. Arafat Shoukri, is based in London, and works as an Executive Director of the Palestinian Return Centre.

Irish Prisoners Abroad. 312. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the position in regard to the repatriation and treatment in the case of a person (details supplied); if an effort has been made to establish contact with the person or their family here to offer assistance or protection, legal, medical or psychiatric advice; if an effort has been made to ascertain the extent to which they have been treated in accordance with their constitutional rights as an Irish citizen; and if he will make a statement on the matter. [44011/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): The Embassy in London has con- tacted the relevant prison in Britain (Foston Hall). The prison authorities were, however, reluc- tant to release any information on the person concerned as prisoners have the right not to have information about their personal circumstances used without their express permission. Personal information is, I should add, safeguarded under the British Data Protection Act. Foston Hall is a dedicated female prison with a capacity of just under 300, of which 80 are usually on remand. It is not a mental hospital and does not have a dedicated medical/ psychi- atric facility. It would seem, therefore, that the person mentioned by the Deputy may be held on a “normal” criminal charge. My Department has not been contacted either by the person mentioned or any member of her family, but will, of course, be happy to receive an approach from them.

Sporting Events. 313. Deputy Denis Naughten asked the Minister for Arts, Sport and Tourism the plans to host the World Equestrian Games in 2014; the steps being taken to receive the games for Ireland; and if he will make a statement on the matter. [43935/08]

388 Questions— 2 December 2008. Written Answers

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): Responsibility for applying to host the World Equestrian Games rests with the relevant National Governing Body of Sport, in this case Horse Sport Ireland, and not the Department of Arts, Sport and Tourism or the agencies under its aegis. I was informed by Horse Sport Ireland at the end of October, that following consideration of the matter at board level they decided not to proceed with a bid to host the 2014 World Equestrian Games. Horse Sport Ireland is confident that Ireland would bid for the World Equestrian Games at some stage in the future.

Road Network. 314. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if there is funding available for a road (details supplied) in County Mayo; and if there is an active application on file for this road, particularly as previous information given in this regard would appear to be outdated. [43444/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): In view of the additional information provided by the Deputy, I have asked my officials to re-examine the application in question and I will revert to him as soon as possible.

Crime Prevention. 315. Deputy Aengus O´ Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs the expected timeframe for the launch of the dial to stop drug dealing non-Garda confidential freephone line by local authority area. [43487/08]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): The Dial-to-Stop Drug Dealing Campaign, which I launched in September, is being rolled in three phases through the Local and Regional Drugs Task Forces. As the geo- graphical spread of the Drugs Task Forces does not necessarily replicate local authority areas, the campaigns are not being delivered on a local authority area basis. A breakdown of the areas covered by Local and Regional Drugs Task Forces is in Appendix 1. The 5 campaigns in the first phase have been funded mainly by my Department and were rolled out in October and November in the Drugs Task Force areas listed below. For the Deputy’s information, I have referenced them also by local authority area.

• Dublin North East LDTF — in Dublin City Council area;

• Tallaght LDTF — in South Dublin County Council area;

• Blanchardstown LDTF — in Fingal County Council area;

• South West RDTF — in South Dublin County Council, Kildare County Council and Wicklow County Council areas

• North Inner City — in Dublin City Council area.

The second phase of the campaign is scheduled to run in mid January 2009 and will cover Southern RDTF, Southeast RDTF, Midwest RDTF, North Dublin City & County RDTF and Cork City LDTF. The third and final phase, to run in April 2009, will involve East Coast RDTF, Midlands RDTF, Bray LDTF, Dun Laoghaire / Rathdown LDTF and Finglas / Cabra Local Drugs Task Force.

389 Questions— 2 December 2008. Written Answers

[Deputy John Curran.]

These will be supported from funding under the Dormant Accounts Fund while the Depart- ment of Justice, Equality and Law Reform has also contributed to the development of the campaign.

Appendix 1 Local Drugs Task Force areas

• Ballyfermot

• Ballymun

• Blanchardstown

• Bray

• Canal Communities

• Clondalkin

• Cork City

• Dublin North East

• Dublin 12

• Dun Laoghaire / Rathdown

• Finglas / Cabra

• North Inner City

• South Inner City

• Tallaght

Regional Drugs Task Forces

• East Coast RDTF — Dun Laoghaire/ Rathdown and East Wicklow.

• North Dublin City & County RDTF — North Dublin City and Fingal.

• Southwest RDTF — South Dublin City, South Dublin, Kildare and West Wicklow.

• Midland RDTF — Longford, Westmeath, Offaly and Laois.

• Midwest RDTF — Clare, North Tipperary and Limerick.

• NorthEast RDTF — Monaghan, East Cavan, Meath and Louth.

• Northwest RDTF — West Cavan, Donegal, Sligo and Leitrim.

• Southern RDTF — Cork County and Kerry Southeast RDTF — Wexford, Carlow, Kilkenny, Tipperary South and Waterford.

• Western RDTF — Mayo, Roscommon and Galway.

390 Questions— 2 December 2008. Written Answers

Phase 2 Mid January 2009 • Southern Regional Drugs Task Force

• South East Regional Drugs Task Force

• Mid West Regional Drugs Task Force

• North Dublin City & County Regional Drugs Task Force

• Cork City Local Drugs Task

Force Phase 3 April 2009 • East Coast Regional Drugs Task Force

• Midlands Regional Drugs Task Force

• Bray Local Drugs Task Force

• Dun Laoghaire Local Drugs Task Force

• Finglas / Cabra Local Drugs Task Force.

Physical Education Facilities. 316. Deputy Pat Rabbitte asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the fact that four schools in the Tallaght and Clondalkin areas of Dublin have had funding for the community use of their sports hall stopped; if the schools concerned have been promised a continuation of funding; and if he will make a state- ment on the matter. [43500/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The four facilities referred to by the Deputy are in Killinarden and Firhouse in South Dublin and Palmerstown and Collinstown in West Dublin. They were built as part of a programme to develop combined community/school sports facilities in drugs task force areas in Dublin and Cork. The objective was that each facility (nine in total) would serve a dual purpose. Firstly, they would put good sporting and recreational facilities at the disposal of the school-going population of the areas of South, West Dublin and Cork, and secondly, the facilities would be accessible for the wider communities to. The Department of Education and Science (D/E&S) provided funding in excess of \34m towards the capital cost of constructing the halls and Dormant Accounts monies was used to enable the opening of these facilities. The Dormant Account funding will be fully expended by the end of December 2008. In view of the circumstances, the D/E&S approached my Department with a view to securing a longer-term and more sustainable funding source. My Department has examined the matter and, in recent days, has reached agreement with South Dublin VEC and South County Dublin County Council on the broad principles of an arrangement to secure the community use of these facilities for the longer-term. While the details of the proposals are yet to be finalised, I am satisfied that the facilities will remain available to the community without any interruption of services and that their longer-term use will be secured.

Community Development. 317. Deputy Tom Hayes asked the Minister for Community, Rural and Gaeltacht Affairs

391 Questions— 2 December 2008. Written Answers

[Deputy Tom Hayes.] when the South Tipperary Local Development Company will be open for applications for funding. [43592/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The Deputy will be aware that I announced the results of the process for selecting Local Action Groups to deliver the LEADER elements of the Rural Development Programme and the respective fund- ing allocations for the successful Groups on the 4th November last. I hope to be in a position to sign contracts with the Groups in the near future. However, contracts will only be signed with those Groups who are fully cohesed and who have completed the transfer of Rural Social Scheme participants from the old LEADER companies. South Tipperary Local Development Company has been awarded an allocation of \11,106,187 under Axes 3 & 4 of the Programme and it is expected that the Group will be open to applications for funding from project promoters in the near future.

Consumer Protection. 318. Deputy Michael McGrath asked the Minister for Community, Rural and Gaeltacht Affairs if he will revisit the issue of possible regulation in the sale of so called bogus Mass cards. [43608/08]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): The matter of the sale of so called bogus Mass cards has been the subject of debate during the passage of the Charities Bill 2007 through both the Da´il and the Seanad, where Committee Stage is scheduled for 4th December 2008. I am taking legal advice as to whether it is possible to make provision in the Bill to address this particular practice with a view, subject to the legal advice available to me, to proposing amendments before the Bill completes its passage through the Houses.

Community Development. 319. Deputy Niall Blaney asked the Minister for Community, Rural and Gaeltacht Affairs the funding avenues available to a group (details supplied) in County Donegal; and if he will make a statement on the matter. [43772/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): As the Deputy will be aware, my Department administers a scheme in the Gaeltacht under which community groups may apply for funding for local projects, subject to certain criteria. The maximum assistance that can be given under this scheme is 80% of the admissible costs and this percentage would include any assistance given by other organisations out of public funds. My Department received an application from the group referred to by the Deputy during 2007. The works involved and the costing of the project were evaluated by the engineering staff of my Department. Based on that evaluation and taking account of assistance that had been sanctioned from other public funds, it was deemed that grant assistance of over 80% had already been approved. In the circumstances, therefore, it was not possible for my Department to grant further State assistance to the project.

Water and Sewerage Schemes. 320. Deputy Willie Penrose asked the Minister for Community, Rural and Gaeltacht Affairs his views on the announcement that CLA´ R funding for water and sewerage schemes has been suspended for the remainder of 2008 with immediate effect, that this has had an adverse effect

392 Questions— 2 December 2008. Written Answers on a number of schemes, which would normally advance with the help of CLA´ R top up funding; if his attention has been drawn to the position, whereby up to 16 such proposed schemes were on hand with Longford County Council, none of which were at the offer stage of contract when the scheme was suspended and it is anticipated that only one of these schemes will proceed as the others are not economically viable with the suspension of CLA´ R funding; when he will announce recommencement of this element of CLA´ R funding for water and sewerage projects which are important in rural hinterlands; and if he will make a statement on the matter. [43991/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I refer the Deputy to my reply to Questions No 213 and 217 of 14 Deireadh Fo´ mhair 2008. Under the CLA´ R programme, a total of approximately \637,000 in CLA´ R funding has been approved for water/sewerage schemes in Co. Longford since 2002. All such approvals for CLA´ R funding will be honoured as they fall due. I would like to advise the Deputy that there is no record of any new applications for CLA´ R funding in respect of water/sewerage schemes having been received in my Department from Longford County Council during 2008. In relation to accepting applications for new schemes, consideration will be given to re- opening the measure for group water schemes in 2009. The Deputy may wish to note that the CLA´ R funding approved for water and sewerage schemes in Longford in the years 2002-2008 was as set out below. The Deputy may also wish to note that applications for CLA´ R funding may only be submit- ted to the Department after the receipt of evaluation of tenders.

Group Water Schemes Public Water/Sewerage Group Sewerage Schemes

\\\

2002-03 34,006.41 Nil Nil 2003-04 23,334.00 Nil Nil 2004-05 Nil Nil Nil 2005-06 31,147.62 Nil Nil 2006-07 170,808.36 312,979.34 Nil 2007-08 64,269.71 Nil Nil

Social Welfare Code. 321. Deputy Olwyn Enright asked the Minister for Social and Family Affairs the contribution his Department and the Revenue Commissioners have made to a report into the take up of family income supplement; her views on same; and if she will make a statement on the matter. [43903/08]

336. Deputy Olwyn Enright asked the Minister for Social and Family Affairs the terms of reference for her Department’s report into the take up of family income supplement; when same will be published; and if she will make a statement on the matter. [43901/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 321 and 336 together.

393 Questions— 2 December 2008. Written Answers

[Deputy Mary Hanafin.]

Family income supplement is an income support scheme for people, in low-income employ- ment, with children. It is designed to provide the incentive to remain in, or take up, employment rather than be fully welfare dependent. The Department commissioned a research project to establish the reasons for the apparent lack of take-up of Family Income Supplement (FIS), to establish the level of public awareness of the scheme and to examine the level of non-take up of the scheme. The terms of reference for the project are: to measure current levels of awareness of the Family Income Supplement; to measure perceived eligibility to apply among respondents, to establish whether they had applied in the past and to identify any perceived barriers to applying for the scheme; to gain an understanding of how the Department can effectively maximise uptake of FIS; to investigate awareness and effectiveness of the Department’s advertising for the FIS, with particular emphasis on the campaign initiated in March 2006; to review the effec- tiveness of communications about FIS from the Department itself and through different infor- mation channels available to customers; and to examine and reconcile the findings from the ESRI in 2005 which suggested that there was a large group of potentially eligible claimants of FIS who were failing to do so. This project was commissioned by the Department of Social and Family Affairs with no direct involvement by the Revenue Commissioners. However, income data provided by the Revenue Commissioners to the Department of Social and Family Affairs, as part of the normal course of events, was used to identify potential FIS recipients. The project is at the final stage at present and is expected to be completed shortly.

Social Welfare Benefits. 322. Deputy Kathleen Lynch asked the Minister for Social and Family Affairs if she will send out a new UP2 letter to persons in receipt of jobseeker’s benefit who have been effected by the recent retrospective budget 2009 changes advising them of the change in the duration of their entitlement to jobseeker benefit; the number affected by the changes; and if she will make a statement on the matter. [43440/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): All jobseeker’s benefit claim- ants are notified 3 months in advance of exhausting their benefit. This is to allow sufficient time to undertake a means test where a person wishes to apply for jobseeker’s allowance. This arrangement will apply to those claimants affected by the changes announced in the budget. The earliest date on which the new conditions as to duration can have an effect is mid April 2009. Consequently, the Department will begin contacting persons affected in January. The change announced in the Budget that will affect existing jobseeker’s claimants is a reduction in the duration of benefit. Jobseeker’s Benefit will now be paid for 12 months (previously 15 months) where 260 or more PRSI contributions are paid. This will apply to new claimants and those with an existing duration of less than 6 months on Jobseeker’s Benefit on 15th October. Jobseeker’s Benefit will be paid for up to 9 months (previously 12 months) where less than 260 contributions are paid. This will apply to new claimants and those with an existing duration of less than 3 months on Jobseeker’s Benefit on 15th October. It is estimated that the maximum number affected will be some 48,000 and 20,000 approximately. On the 17th October, the nearest date to the Budget change for which figures are available, 115,441 people had a claim for jobseeker’s benefit. 39,606 were in receipt of benefit for less than 3 months. Of this number 20,090 have less than 260 contributions recorded up to the end of the 2007 tax year, the latest year for which the department has contribution details. 75,835

394 Questions— 2 December 2008. Written Answers were in receipt of benefit for less than 6 months and of this number 47,996 appear to have less than 260 contributions. I should point out to the Deputy that some of these people will have stopped claiming jobseeker’s benefit before their entitlement ceases and others will have commenced claiming. Some will also be affected by the changes announced in Budget 2009 in relation to the length of time for which jobseeker’s benefit will be paid. It is envisaged that in 2009 a weekly average of 2,400 people will be affected by the reduction in duration from 312 days to 234 days and 3,860 people in a full year. A weekly average of 6,750 people will be affected by the reduction in duration from 390 days to 312 days and 9,200 people in a full year. Some claimants who have less than 260 PRSI contributions may have additional contri- butions paid in 2008 which would not yet be recorded in the Department. These contributions could bring their total to 260 or more and this would extend their entitlement from 234 days (9 months) to 312 days (12 months). Similarly, others could have insurance in another EU member state which could also bring their total contributions to 260 or more.

Social Welfare Appeals. 323. Deputy Michael Ring asked the Minister for Social and Family Affairs when an oral hearing will be scheduled for a person (details supplied) in County Mayo. [43443/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Further to my response to PQ 240 on 12 November 2008, I am advised by the Social Welfare Appeals Office that there is no update to the information given in that response. Every effort will be made to have this appeal dealt with as quickly as possible. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on Social Welfare entitlements.

324. Deputy Michael Ring asked the Minister for Social and Family Affairs when a State non-contributory pension appeal by a person (details supplied) in County Mayo will be finalised. [43479/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Further to my response to PQ 427 on 21 October 2008, I am advised by the Social Welfare Appeals Office that the person concerned was notified on 25 November 2008 that his case was referred to an Appeals Officer and that it was proposed to hold an oral appeal hearing. A time and date has not yet been arranged, but every effort is being made to have this case dealt with a quickly as possible. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on Social Welfare entitlements.

Social Welfare Code. 325. Deputy Terence Flanagan asked the Minister for Social and Family Affairs if she will answer a question (details supplied); and if she will make a statement on the matter. [43506/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Permanent and pensionable employees in the public service, other than those who were recruited after 6 April, 1995, are liable to pay social insurance contributions at modified PRSI rates during their working lives. The contributions payable by employees determine the range of benefits and pensions towards which they can build up entitlement. Employees liable for modified contributions pay

395 Questions— 2 December 2008. Written Answers

[Deputy Mary Hanafin.] a lower rate of 0.9 per cent, whereas PRSI class A contributions, which are generally payable in the private sector, are paid at 4 per cent by employees and 10.75 per cent by employers. Subject to having the required number of PRSI contributions, employees who pay modified contributions may be entitled to the following payments:

a. widow’s/widower’s (contributory) pension;

b. guardians payment (contributory);

c. bereavement grant, and

d. carer’s benefit.

Modified contributors at PRSI classes B and D may also be eligible for occupational injuries benefits in certain circumstances.

Social Welfare Benefits. 326. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Social and Family Affairs the number of families waiting for child benefit claims to be processed; the number of these in which the parents are foreign nationals; the average waiting time to process an application for child benefit; and the way these figures compare with November 2005, November 2006 and November 2007. [43511/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): There is no delay in pro- cessing the majority of Child Benefit applications. Awards for Irish-born children are processed either automatically or in a partially automated way using the child’s birth details when they are registered with the General Registrar’s Office. The average processing time for these claims is less than 10 days. Payments on behalf of some 70,000 children were paid this way in 2007. Currently there are delays in processing Child Benefit claims for children born outside Ireland who have come to live in Ireland with their parents, and also claims for children who reside in another EU member state but have an entitlement to Irish Child Benefit under EU regulations (non-resident children). In the case of non-Irish born children resident in Ireland, these cases are slower to process as the customer must satisfy the Habitual Residency condition test and this may entail contacting employers, the Department of Justice and other relevant bodies to confirm their status in the state. The residence of the children in Ireland must also be confirmed. This additional com- plexity, combined with an increase in the volume of applications received in recent years, has led to arrears of claims to be processed. This is currently being addressed.There are a total of 5,300 such claims awaiting processing. A further 2,250 cases, where the Department is waiting on additional information to finalise the claims have been partially processed. Additional staff resources have been assigned to this area and it is envisaged that the remain- ing claims on hand will be cleared in the early part of 2009. Average processing time for these claims at present is 8 months. EU nationals who come to work in Ireland but whose families remain in their home country may have an entitlement to Family Benefits in Ireland under EU Regulation 1408/71. Before payment of Child Benefit is made for these non-resident children it is necessary amongst other things, to contact the authorities in the country of residence of the children to confirm details and establish what, if any, family benefits are payable in the home country as this will determine entitlement to Irish payments. This process can take a number of months to complete in normal circumstances. There are some 7,100 such claims awaiting processing, with a further 3,000 cases where the Department is waiting on additional

396 Questions— 2 December 2008. Written Answers information to finalise the claims. These claims are being processed with the assistance of additional temporary staff recruited for this purpose. It is anticipated that these claims will be cleared during the first half of 2009. At this point it is taking an average of 18 months to process these claims to completion. Details of the average waiting time to process an application and the comparative figures for 2005-2007 are not available, however 15% more claims were cleared in 2008 to end October than in the same period in 2007. The processing time for a Child Benefit claim depends on the complexity of the individual claim and the volume of such claims that have been received at that point in time. Claims for children born outside Ireland, whether living in Ireland or not, are taking significantly longer to process at present than they did prior to the substantial increase in the number of claims received since 2006.

327. Deputy Denis Naughten asked the Minister for Social and Family Affairs the average cost per applicant of the rent allowance scheme; the number of persons accommodated under this scheme; and if she will make a statement on the matter. [43613/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): As of 21st November 2008, there were 71,219 people in receipt of rent supplement and the average weekly supplement was \127.61.

328. Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number of applications received for mortgage interest supplement, the number of claimants awarded mort- gage interest supplement and the number of applicants refused mortgage interest supplement to date in 2008; the number of appeals received to reverse the decision to refuse mortgage interest supplement; the average length of time it takes to decide an appeal in both the Health Service Executive and the social welfare appeals office; the number of successful appeals; the number of outstanding appeals; and if she will make a statement on the matter. [43758/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The supplementary welfare allowance scheme, which is administered by the community welfare service of the Health Service Executive on behalf of the Department, provides for a weekly or monthly supplement to be paid in respect of mortgage interest. As of 21st November 2008, there were 7,347 people in receipt of mortgage interest supplement, an increase of 3,236 (80%) over those in payment at end 2007. Statistics are not held on the number of people who applied for or were refused mortgage interest supplement. The scheme is delivered locally by community welfare officers (CWOs), who interview claimants when they first present to enquire about their possible entitlement for mortgage interest supplement. Claim details are recorded electronically only in cases where it is established that mortgage interest supplement is payable. Under existing arrangements, an appeal against a decision on entitlement to supplementary welfare allowance is made in the first instance to a designated appeals officer in the HSE. A person may, if they so wish, make a further appeal to the Social Welfare Appeals Office, if they are dissatisfied with the decision of the HSE appeals officer. Details of the number of mortgage interest supplement appeals to the HSE Appeals Office are currently being compiled by the HSE and will be forwarded to the Deputy as soon as they become available. Statistics on the number of mortgage interest supplement decisions appealed to the Social Welfare Appeals Office and the outcomes are provided in the following tabular statement. This shows that 37 appeals were finalised in the first ten months of 2008 in relation to mortgage

397 Questions— 2 December 2008. Written Answers

[Deputy Mary Hanafin.] interest supplement. Some 25 of these were disallowed. That office has advised that they do not hold details of the average duration of a mortgage interest supplement appeal. The average duration of a supplementary welfare allowance appeal in 2007 was 8 weeks while the average for all appeals determined during 2007 was 22 weeks.

Mortgage Interest Supplement Appeals to the Social Welfare Appeals Office, 2008.

Year Received Allowed Partially Disallowed Pending Allowed

2008 37 9 3 25 N/A* *The issue under appeal (SWA appeals — Basic SWA, Rent Supplement, Mortgage Interest Supplement, etc.) is only recorded once an Appeals Officer has determined the appeal i.e. as the appeal is closed. However there were 100 SWA appeals outstanding at 31/10/2008.

Pension Provisions. 329. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if a pension forecast will be undertaken in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [43783/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): According to the records of the Department, the person concerned will not reach 66 until 24 August 2012. She has been provided with a copy of her contribution record, together with an information guide on State Pension (Contributory). The Department does not provide forecasts on possible future pen- sion entitlement.

Social Welfare Benefits. 330. Deputy Niall Collins asked the Minister for Social and Family Affairs the number of people who have availed of the mortgage interest supplement in each local authority area over the past five years with figures listed for each year per local authority. [43804/08]

331. Deputy Niall Collins asked the Minister for Social and Family Affairs the number of people who have availed of the mortgage interest supplement in each county over the past five years with figures listed for each year per county. [43805/08]

332. Deputy Niall Collins asked the Minister for Social and Family Affairs the number of people who have availed of the mortgage interest supplement in County Limerick over the past five years with figures listed for each year. [43806/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 330 to 332, inclusive, together. The supplementary welfare allowance scheme, which is administered by the community wel- fare service of the Health Service Executive on behalf of the Department, provides for a weekly or monthly supplement to be paid in respect of mortgage interest. The purpose of the mortgage interest supplement is to provide short term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only. The table shows the number of recipients of mortgage interest supplement by county, includ- ing Limerick, for the past 5 years. A breakdown of the number of recipients of mortgage interest supplement by local authority area is not available. 398 Questions— 2 December 2008. Written Answers

Recipients of Mortgage Interest Supplement by County

County 2004 2005 2006 2007 21/11/2008

Carlow 42 45 52 87 171 Cavan 49 60 76 92 240 Clare 51 56 65 78 152 Cork 431 440 457 533 816 Donegal 102 103 96 97 174 Dublin 1,190 1,080 1,129 1,295 2,061 Galway 115 128 122 171 333 Kerry 80 86 84 90 158 Kildare 132 134 159 222 466 Kilkenny 68 60 71 86 133 Laois 15 19 25 35 52 Leitrim 867912 Limerick 130 113 110 149 272 Longford 16 11 11 13 25 Louth 65 61 57 75 130 Mayo 135 148 163 168 280 Meath 79 85 117 169 379 Monaghan 39 30 36 38 71 Offaly 16 14 18 22 53 Roscommon 47 44 50 62 135 Sligo 18 12 12 12 24 Tipperary 123 130 129 147 234 Waterford 76 68 76 91 204 Westmeath 31 25 27 36 88 Wexford 128 127 139 178 401 Wicklow 132 135 136 156 283

Total 3,318 3,220 3,424 4,111 7,347

333. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when rent support will be awarded in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [43864/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Rent supplement is adminis- tered on behalf of the Department by the Health Service Executive as part of the supplemen- tary welfare allowance scheme. The purpose of the rent supplement scheme is to provide short- term income support to eligible people living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation avail- able to them from any other source. The Executive has advised that payment of rent supplement was suspended in this case as a notification had been received that the landlord was not receiving rent from the person con- cerned. The Executive has further advised that following a review of entitlement, payment of rent supplement has now been reinstated.

399 Questions— 2 December 2008. Written Answers

334. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when rent support will be reinstated in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [43865/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Rent supplement is adminis- tered on behalf of the Department by the Health Service Executive as part of the supplemen- tary welfare allowance scheme. The purpose of the rent supplement scheme is to provide short- term income support to eligible people living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation avail- able to them from any other source. The Executive has advised that as the person concerned is in receipt of income from mainten- ance which had not been previously disclosed, it was necessary to review her entitlement to the supplement. Following the review, it was decided that the person concerned is entitled to a reduced rate of payment. The Executive has advised that arrangements have been made to issue revised rent supplement to her.

Departmental Expenditure. 335. Deputy Olwyn Enright asked the Minister for Social and Family Affairs if she will itemise the research carried out by her Department and the Office of Social Inclusion each year for the past five years; the cost of each individual piece of research; the research which was done in house and that which was done by outside agencies or companies; the amount of same which has been published; if she will make a copy of all research available; and if she will make a statement on the matter. [43900/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The information requested is currently being compiled within the Department and will be made available to the Deputy as soon as possible.

Question No. 336 answered with Question No. 321.

Social Welfare Benefits. 337. Deputy Olwyn Enright asked the Minister for Social and Family Affairs if she has examined the impact proposed changes to jobseeker’s and illness benefit will have on the criteria for the back to education allowance; and if she will make a statement on the matter. [43902/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The back to education allow- ance is a second chance education opportunities scheme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, there- fore, their prospects of returning to the work force. The scheme is designed to enable people in receipt of social welfare payments to pursue an approved full-time education course, subject to fulfilling the qualifying conditions. The underlying objective is to raise education and skill levels among the long-term unemployed and those most distant from the labour market. One of the conditions for the back to education allowance is that a person must be in receipt of a qualifying payment for a specified period immediately prior to commencing the relevant course. For jobseeker’s benefit and jobseeker’s allowance, the specified period is 6 months (156 days) for 2nd level courses and 12 months (312 days) for 3rd level courses. In order to support the activation of the unemployed the specified waiting period for access to the third level

400 Questions— 2 December 2008. Written Answers option was reduced to nine months for participants in the National Employment Action Plan. There is no waiting period for an unemployed person who is awarded statutory redundancy and who has established entitlement to a social welfare payment. In relation to illness benefit, in order to qualify for the back to education allowance, a person has to be 2 years on illness benefit immediately prior to commencing an approved course. The recent changes to the duration of the payment of jobseeker’s benefit and illness benefit are necessary to control expenditure on these schemes by aligning the contribution conditions for these benefits more closely to the level and duration of the benefits being provided. The changes are designed to ensure a uniform, rationalised, approach across the short-term social insurance schemes. The back to education scheme is subject to review on an ongoing basis to ensure that it meets its objectives. The relationship between the qualifying criteria for the BTEA and the revised conditions for receipt of illness and disability benefit will be reviewed as appropriate.

338. Deputy Olwyn Enright asked the Minister for Social and Family Affairs the number who have availed of the back-to-education allowance at second level and at third level sub- divided into the number individually entitled because they received redundancy payments and entitled because they are in an NEAP area; and if she will make a statement on the matter. [43904/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The back to education scheme is a second chance education opportunity designed to remove the barriers to partici- pation in second and third level education. It encourages and facilitates people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force. The objective of the scheme is to enhance the employability skills of vulnerable groups who are distant from the labour market. The statistics on participation in the back to education scheme are collated and validated at the end April each year in order to get an overview for the full academic year. The full-year figure for 2006/2007 was 8,090 with 3,359 participating on the second level option and 4,731 availing of the third level option. This increased to 8,883 for 2007/2008 with 4,242 participants on the second level option and 4,641 participating in third level courses. This represents an increase of 9.8% in the number availing of the back to education allowance during this period. The figure in November 2008 is 9,796. This is the highest ever recorded and is expected to rise further in the coming months. One of the conditions for the back to education allowance is that a person must be in receipt of a qualifying payment for a specified period immediately prior to commencing the relevant course. For jobseeker’s benefit and jobseeker’s allowance, the specified period is 6 months (156 days) for 2nd level courses and 12 months (312 days) for 3rd level courses. In order to support the activation of the unemployed the specified waiting period for access to the third level option was reduced to nine months for participants in the National Employment Action Plan. There is no waiting period for an unemployed person who is awarded statutory redundancy and who has established entitlement to a social welfare payment. According to the data cur- rently available, of the 9,796 who are recorded as participating in the back to education allow- ance in November 2008, there are 113 who were awarded statutory redundancy and 75 who were referred earlier to the third level option as a result of their participation in the NEAP. The figures for the 2008/2009 academic year will be validated and collated fully in April 2009 and more complete information will be available at that time.

401 Questions— 2 December 2008. Written Answers

Departmental Staff. 339. Deputy Olwyn Enright asked the Minister for Social and Family Affairs the office the additional 115 staff will be allocated to; the various grades of same; and if she will make a statement on the matter. [43907/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department recently undertook a review of the staffing levels in Local Offices due to the continued increased number of claims for jobseeker’s payments. An additional 115 staff, at Clerical Officer (CO) and Staff Officer (SO) levels, are to be assigned and arrangements are being put in train to assign these resources. There will be no recruitment of additional staff. They are being sourced from existing Civil Service numbers, both from within the Department and from other Govern- ment Departments. The table outlines the grades and locations of the additional posts.

Local Office Grade Total

CO SO

Dublin Offices Apollo House 1 0 1 Ballyfermot 2 0 2 Ballymun 1 0 1 Bishops Square 2 2 4 Blanchardstown 1 2 3 Clondalkin 2 2 4 Coolock 2 1 3 Dun Laoghaire 2 2 4 Finglas 1 1 2 Kilbarrack 2 0 2 Navan Rd 2 0 2 North Cumberland St. 2 1 3 Nutgrove 2 1 3 Swords 2 0 2 Tallaght 2 2 4 Thomas St 1 0 1

Provincial Offices Arklow 2 0 2 Athlone 2 0 2 Ballina 1 0 1 Bray 2 1 3 Buncrana 2 0 2 Carlow 1 1 2 Carrick-on-Shannon 1 0 1 Castlebar 1 0 1 Cavan 1 0 1 Clonmel 2 0 2 Drogheda 1 2 3 Dundalk 2 0 2 Dungloe 1 0 1 Ennis 1 2 3 Galway 1 4 5

402 Questions— 2 December 2008. Written Answers

Local Office Grade Total

CO SO

Kilkenny 2 1 3 Letterkenny 1 1 2 Limerick 2 4 6 Listowel 1 0 1 Longford 1 0 1 Loughrea 1 0 1 Mullingar 2 0 2 Navan 2 2 4 Newbridge 2 3 5 Newcastlewest 1 1 2 Sligo 1 1 2 Thurles 1 0 1 Tralee 2 1 3 Tullamore 1 1 2 Waterford 1 4 5 Wexford 1 2 3

Social Welfare Benefits. 340. Deputy Denis Naughten asked the Minister for Social and Family Affairs if he will include chronic illnesses of miners under the occupational injuries benefit scheme; and if she will make a statement on the matter. [43914/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Occupational Injury Benefit scheme operated by the Department provides entitlement to benefit for persons suffer- ing from certain prescribed diseases which are listed in the legislation and where that person has contracted that disease in the course of their employment. Where a person has contracted one of the diseases listed in the legislation, benefits are payable if they were employed in an occupation which is specifically prescribed in relation to that disease. In addition, benefits may be payable if the claimant can show that the disease was contracted through an employment not specifically prescribed in relation to that disease. Employment under a contract of service as a miner is insurable for occupational injuries benefit under the Social Welfare Acts. Miners who are unable to work due to an accident arising from their employment may be entitled to occupational injury benefit for the first 26 weeks of their claim. If their incapacity extends beyond that period they may receive illness benefit or invalidity pension, subject to meeting the qualifying conditions for these payments. Miners may also be entitled to disablement benefit under the occupational injury scheme. Disablement benefit is a compensation payment specifically for those who suffer a loss of physical or mental faculty as a result of an accident at work or a disease prescribed in legislation that they contracted at work. Medical assessments are undertaken in all such cases to determine the degree of disablement, which is calculated by comparison of the state of health of the applicant with the norm for a person of the same age and gender. I understand that the Deputy’s concerns lie with the fact that Chronic Obstructive Pulmonary Disease (COPD) is not amongst the specific diseases specified in the legislation governing entitlement to Disablement Benefit under the Occupational Injury Benefit scheme. 403 Questions— 2 December 2008. Written Answers

[Deputy Mary Hanafin.]

Following a careful examination of the matter, it has been found that it would be inap- propriate to specify COPD as a prescribed illness for the purposes of determining entitlement to Occupational Injury Benefit. COPD is a common clinical condition which is not specifically linked to a particular occupation. It is not possible to establish a causal link between coal mining (or indeed, any other occupation) and the experience of COPD. I should point out that the current position is that where miners develop pneumoconiosis, which is a prescribed disease, as a result of their occupation, then Occupational Injury Benefit is awarded by the Department. Persons claiming benefit in such cases are referred to a Consultant Respiratory Physician in the first instance for an examination and report. This examination consists of a clinical assessment and pulmonary function testing. The latter is a standardised test that establishes the extent of lung malfunction irrespective of the specific medical condition giving rise to that malfunction. Disablement Benefit is awarded on the basis of the consultant’s objective report, including the results of the pulmonary function testing. I should mention also that if COPD is present in such a case, and it can be reasonably linked to exposure to coal dust, the disablement award will reflect this.

Commemorative Events. 341. Deputy Dara Calleary asked the Minister for Defence the plans in place to mark the centenary of the 1916 Rising; if an interdepartmental committee has been established; and if so, the persons who are the members of same. [43751/08]

Minister for Defence (Deputy Willie O’Dea): Nominations in respect of the composition of the Oireachtas Consultation Group are now complete. The party nominations are: Jimmy Deenihan, T.D., Joe Costello T.D., Aengus O´ Snodaigh T.D., and Michael Lowry T.D. as a representative of Independent members. Arrangements are being made for a meeting of the Group to be held at an early date. The initial meeting of the re-constituted group will be informed of progress on current heri- tage projects related to the Independence period and the consideration towards a framework for the Centenary commemorative programme. This includes:

• Status report on the possibility of development of cultural and amenity use in the GPO complex in O’Connell Street;

• Position on the possible restoration of 16 Moore Street;

• Progress on the restoration of the Asgard;

• Programme of works at Glasnevin Cemetery;

• Support for the creation of programmes of events in all cities and towns in Ireland;

• The preparation for public access to personal files and records in the Military Archives.

Defence Forces Recruitment. 342. Deputy John O’Mahony asked the Minister for Defence if persons who had been suc- cessful in recruitment to the Defence Forces in 2008 but who did not commence training because of a cut in the Defence Forces budget have to go through the application process again in the future when recruitment begins; and if he will make a statement on the matter. [43391/08]

404 Questions— 2 December 2008. Written Answers

343. Deputy John O’Mahony asked the Minister for Defence when in view of the decision to cut the payroll by more than 4% in the defence vote in 2009, recruitment to the Defence Forces will recommence; and if he will make a statement on the matter. [43392/08]

Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 342 and 343 together. In common with other areas of the public service a reduction of 3% in payroll costs will apply to the Defence Forces. The initial step towards achieving this reduction has been to stop further recruitment for the remainder of 2008. The priority for recruitment is likely to be in areas such as cadets, medical and apprentices. Recruitment in 2009 will be rescheduled. The situation will be closely monitored. This moni- toring will take account of projected and actual natural wastage in establishing the appropriate level of recruitment in 2009. The military authorities have advised that they will continue to accept application forms from those interested in general service recruitment. The applications will be kept on a register, applicants will be issued with an acknowledgement letter advising them of the position in relation to recruitment and they will be kept informed on the status of their applications on an on-going basis. Similarly, those who have already applied and have completed some of the recruitment selection process have been informed in writing of the current status regarding recruitment. In addition to notifying each applicant individually a note to this effect has been placed on the Defence Forces internet site www.military.ie The Defence Forces is maintaining all applications on its’ register for 2009 and therefore if recruitment proceeds candidates will not have to apply again. However some stages in the recruitment process such as medical examination, physical fitness testing and Garda Sı´ocha´na Security Clearance are time dependant. Where there is a considerable time lapse between these stages and commencement of training, candidates would be required to undergo these stages again. Any stage that is not time dependant, such as interviews, would not have to be repeated. These arrangements are dependent on recruitment proceeding.

Departmental Files. 344. Deputy David Stanton asked the Minister for Defence if files relating to persons who served in the Army before and during the Second World War were stored by his Department; if such files are available for viewing by members of the public; the arrangements for such possible viewing; and if he will make a statement on the matter. [43427/08]

Minister for Defence (Deputy Willie O’Dea): The Military Archives, located in Cathal Brugha Barracks, Rathmines, Dublin 6, are the place of deposit for the records of the Depart- ment of Defence, the Defence Forces and the Army Pensions Board under the terms of Section 14 of the National Archives Act 1986. Personal files relating to persons who served in the Defence Forces, including those who served before and during the Second World War, are stored in the Military Archives in Cathal Brugha Barracks and, because of storage space con- straints, in other locations. Due to Data Protection requirements they are available to next-of- kin only. Members of the public may arrange access to the archives by a system of prior appointment. This is necessary due to limitations on available space. In order to make an appointment, interested members of the public should contact the Officer-in-Charge, Military Archives,

405 Questions— 2 December 2008. Written Answers

[Deputy Willie O’Dea.] Cathal Brugha Barracks, Rathmines, Dublin 6 at telephone number (01) 8046457. These con- tact details are also available on the Defence Forces website at www.defenceforces.ie.

Army Barracks. 345. Deputy Seymour Crawford asked the Minister for Defence further to Parliamentary Question No. 443 of 25 November 2008, when a gym and football pitch will be made available at the Dundalk barracks; if he will confirm funding has been withdrawn towards the provision of a gym; and if he will make a statement on the matter. [43871/08]

Minister for Defence (Deputy Willie O’Dea): My Department is engaged in an on-going capital programme designed to modernize and enhance the training, operational and accom- modation facilities available to the Defence Forces both Permanent and Reserve. The prog- ramme focuses mainly on infrastructural projects comprising the construction of new buildings and the refurbishment of existing buildings. The provision of training facilities and equipment are reviewed as part of this programme. Consultants have recently been appointed to design a new gymnasium for Aiken Barracks, Dundalk. It is expected that work will commence in late 2009. Projects are prioritised in terms of addressing Defence Force operational requirements taking into account the annual capital allocation for the on-going building programme. Should the current allocation change the building programme will be reviewed and projects in the prog- ramme will be prioritised on a needs basis.

Air Ambulance Service. 346. Deputy Denis Naughten asked the Minister for Defence if his Department or the Defence Forces assist with air ambulance transportation from the US; and if he will make a statement on the matter. [43912/08]

Minister for Defence (Deputy Willie O’Dea): A Service Level Agreement between my Department and the Department of Health and Children for the provision of an Air Ambul- ance Service by the Air Corps was signed in September 2005 to formalise the arrangements for the existing service in relation to the provision of an air ambulance service. The signatories to the agreement are the Department of Health and Children, the Department of Defence, the Health Service Executive, the Defence Forces and the Air Corps. The Air Ambulance Service as provided by the Air Corps is an emergency inter-hospital transfer service for the essential rapid transfer of patients requiring urgent medical treatment. The service is not designed for the repatriation of Irish citizens who fall ill or who are the victims of accidents while overseas. The service is provided by the Air Corps in the following circumstances:

1. Inter-hospital transfer of patients with spinal or other serious injury or illness;

2. Air transport of Neonates requiring immediate medical intervention in Ireland;

3. Air transport of patients requiring specialised emergency treatment in the UK;

4. Air Transport of Organ Retrieval Teams within Ireland;

5. Air Transport of patients from offshore islands to mainland hospitals where the Coast Guard service is not available;

406 Questions— 2 December 2008. Written Answers

6. Air Transport of paediatric patients (> 6 weeks <16 years) requiring immediate medical intervention.

Air Ambulance transportation from the US is not covered under this agreement.

Housing Aid for the Elderly. 347. Deputy Dan Neville asked the Minister for the Environment, Heritage and Local Government the amount of budget allocated to housing aid for the elderly in the former mid west region of the Health Service Executive. [43929/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The Special Housing Aid for the Elderly Scheme is currently administered by a Task Force under the aegis of my Department and operated at a local level by the Health Service Executive (HSE). Funding is provided to the HSE on a regional basis and it is a matter for the HSE to apportion funding within regions. The total allocation to the Western Region of the HSE in respect of Housing Aid for the Elderly in 2008 is \5.5million.

Services for People with Disabilities. 348. Deputy Tom Sheahan asked the Minister for the Environment, Heritage and Local Government the reason there are no disabled berths on the Killarney lakes adjacent to Ross Castle for disabled fishermen or boating enthusiasts; and if he will make a statement on the matter. [43953/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): A berthing facility for disabled persons at Reen Pier, close to Ross Castle, was constructed in 2006 and is available for use.

Water and Sewerage Schemes. 349. Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government when the initial application was received by his Department for funding in relation to sewage schemes (details supplied); when his Department received preliminary reports; when his Department expected to sanction approval to the local authority in respect of these schemes to proceed to tender and construction; when construction and commissioning is expected to be completed for these schemes; and if he will make a statement on the matter. [43356/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The combined Athea, Askeaton, Foynes, Glin and Shanagolden Sewerage Scheme, the combined Dromcollogher, Hospital, Pallasgreen and Bruff Sewerage Scheme and the Adare Sewerage Scheme have been included for funding under my Department’s Water Services Investment Programme 2007-2009. Limerick County Council’s Preliminary Report for the Athea, Askeaton, Foynes, Glin and Shanagolden scheme was received in my Department in September 2008 and is being dealt with as quickly as possible. Further consideration will be given to the Council’s Preliminary Report for the Dromcollogher, Hospital, Pallasgreen and Bruff scheme, which was also received in September 2008, on receipt of additional information requested from the Council in the meantime. My Department approved Limerick County Council’s Preliminary Report for the Adare Sewerage Scheme in 2002 and Contract Documents are awaited from the Council

407 Questions— 2 December 2008. Written Answers

Drainage Works. 350. Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government when the National Parks and Wildlife Service will give approval to the Office of Public Works in respect of works (details supplied). [43393/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I understand that the Office of Public Works has proposed to undertake drainage works within and adjacent to the Kilglasson/Cahervoostia Turlough Complex Special Area of Conservation, County Mayo. The predominant habitat within the SAC is turlough, which is a priority habitat under the Habitats Directive. Under EU law, Ireland is obliged to ensure that all potential impacts to an SAC arising from proposed works are appropriately assessed before a decision can be taken on whether to proceed. My Department is currently assessing the likely impacts of these works. I expect to be in a position to make a determination in relation to the proposed works in January 2009.

Water Quality. 351. Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government if there is an agreement in place in relation to the provision of a clean, potable water supply to all households; and if he will make a statement on the matter. [43394/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Under the European Communities (Drinking Water) (No. 2) Regulations, 2007, suppliers of drinking water are required to ensure that the water supplied is wholesome and clean. Each local authority is responsible for delivering quality public water supplies to meet current and future needs in its functional area. Under the Regulations local authority drinking water supplies are subject to supervision by the EPA and each local authority is responsible for supervising the quality of private group water supplies in its functional area. A local authority is required to ensure that any failure to meet quality standards in any water supply in its functional area is investigated immediately to determine the cause. The authority is also required to consult with the Health Service Executive (HSE). Where a local authority is advised by the HSE that a supply of drinking water constitutes a danger to public health, the local authority has powers to prohibit or restrict the supply in question or to take other action as necessary to protect human health.

Departmental Schemes. 352. Deputy Aengus O´ Snodaigh asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 197 of 19 November 2008, the way he will ensure that incorporating the rental portion of shared ownership into the new scheme does not result in significant increases in the mortgage protection insurance premium paid by the low-income homeowners participating in this scheme in view of the fact that they are already paying over the odds for their insurance. [43399/08]

353. Deputy Aengus O´ Snodaigh asked the Minister for the Environment, Heritage and Local Government his views on whether participants in the shared ownership scheme should be able to avail of the same discounts in their mortgage protection insurance that are available to private mortgage holders, such as a non-smoker’s discount, rather than being subjected to a one size fits all rate. [43400/08]

408 Questions— 2 December 2008. Written Answers

354. Deputy Aengus O´ Snodaigh asked the Minister for the Environment, Heritage and Local Government if it is appropriate that the Housing Finance Agency relies for a significant amount of its funding on the premiums charged to shared ownership participants of mortgage protection insurance in view of the likelihood that this will result and has resulted in these low- income homeowners being charged a rate significantly above that available to private mortgage holders. [43401/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 352 to 354, inclusive, together. As indicated in the reply to Question No. 197 of 19 November 2008, a new local authority mortgage protection insurance scheme is to be put in place from 1 January 2009. It is intended that the rental portion of shared ownership will be incorporated into the new scheme. Participation in the mortgage protection insurance scheme is compulsory and, in terms of comparison to other schemes of mortgage protection, it is important to note that it covers disability as well as death. The Mortgage Protection Committee sub-committee of the County and City Managers’ Association which oversees the scheme endeavours to achieve a balance between the most economic rate to be charged for the scheme and the benefits provided. Premiums paid under the scheme are channelled directly by the local authorities to the insurance provider. The Housing Finance Agency does not receive any income from the scheme.

Building Energy Ratings. 355. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the progress or otherwise being made in respect of the building energy rating programme; the person who is responsible; the way the process will operate; when enforcement will be implemented to ensure compliance; and if he will make a statement on the matter. [43410/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The EU Directive on the Energy Performance of Buildings, which was transposed into Irish law in the form of the European Communities (Energy Performance of Buildings) Regulations 2006, introduced a requirement for a Building Energy Rating (BER) system. I am strongly committed to meeting Ireland’s national and international obligations in relation to the energy performance of buildings and good progress has been made to date in developing and implementing Ireland’s BER system, which is being introduced on a phased basis, in line with the Regulations, as follows:

• BER certification for new dwellings was introduced with effect from 1 January 2007, with a transitional exemption applying to new dwellings for which planning permission was applied for on or before 31 December 2006, provided they were substantially completed by 30 June 2008;

• BER certification for new non-domestic buildings was introduced from 1 July 2008, with a transitional exemption applying for buildings for which planning permission was applied for on or before 30 June 2008, provided they are substantially completed by 30 June, 2010;

• BER certification for existing buildings of any class being offered for sale or letting will commence from 1 January, 2009; and

409 Questions— 2 December 2008. Written Answers

[Deputy John Gormley.]

• BER certification for large public service buildings occupied on or from 1 January 2009 will commence from 1 January, 2009.

While responsibility for the Regulations rests with my Department, responsibility for the oper- ational roll-out of the BER system rests with Sustainable Energy Ireland (SEI) which operates under the aegis of the Department of Communications, Energy and Natural Resources and which is designated as the issuing authority under the Regulations. BER assessments are under- taken by qualified BER assessors who have completed the necessary training and have been registered by SEI to carry out the assessment of particular categories of buildings. To date, 3,759 persons have successfully completed training courses with training providers accredited by SEI in relation to BER certification of new dwellings and some 939 of these trained assessors have so far registered with SEI as BER assessors. With regard to enforcement, a person who offers a building for sale or letting on or from 1 January, 2009 or any agent acting on their behalf, is required to produce a copy of the Building Energy Rating certificate to any person expressing an interest in purchasing or taking a letting in the building. A person who contravenes these requirements commits an offence, unless the building in question is specifically exempted under Article 3 of the Regulations, and is liable, on prosecution by the Building Control Authority in whose functional area the building is situated, to be fined a sum not exceeding \5,000. My Department will continue to work closely with the Department of Communications, Energy and Natural Resources, Sustainable Energy Ireland and the 37 local Building Control Authorities to make sure everyone concerned is aware of their obligations under the Regu- lations and acts accordingly.

Local Authority Staff. 356. Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local Government the amount of public money that was spent annually on advanced driving courses for temporary workers by local authorities here between 1997 and 2007; if he will provide this information in tabular form; and if he will make a statement on the matter. [43435/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Under section 159 of the Local Government Act 2001, each County and City Manager is responsible for staffing and organisational arrangements, including the provision of training, necessary for carrying out the functions of the local authorities for which he or she is responsible.

Architectural Heritage. 357. Deputy Edward O’Keeffe asked the Minister for the Environment, Heritage and Local Government if he has agreed to include items in a list (details supplied); and the reason he has included so many items from this location. [43448/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Under the provisions of the Planning and Development Act 2000, each planning authority is required, for the purpose of protecting structures, or parts of structures which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, to include in its development plan a Record of Protected Structures (RPS) for its functional area. This may be done at the time of the preparation of the development plan or, where appropriate, at any other time.

410 Questions— 2 December 2008. Written Answers

The Act enables me, as Minister, to make recommendations to a planning authority concern- ing the inclusion of specific structures in its Record of Protected Structures, and a planning authority must have regard to any such recommendations. The making of an addition to, or deletion from, a Record of Protected Structures is a reserved function of the planning authorities. In July 2008 I made recommendations to Cork County Council concerning the inclusion of specific structures in Mitchelstown in the Council’s Record of Protected Structures. My recommendations were based on the National Inventory of Architectural Heritage (NIAH) survey of North Cork. This survey, the structures included in which are objectively recorded and rated in accordance with international guidelines, is available on www.buildingsofireland.ie. Inclusion of a property on a Record of Protected Structures does not imply a prohibition on works and/or development in the future. In addition, the Local Authorities Conservation Grant Scheme may be availed of to provide grant assistance for the conservation of buildings on a local authority’s Record of Protected Structures. The scheme is administered by the local auth- orities on behalf of my Department.

Departmental Expenditure. 358. Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 155 of 20 November 2008, if he will provide a breakdown of the \42,008,184.26 expenditure on site surface clearance works, including dis- posal costs for solid and liquid hazardous waste in 2008; and if he will make a statement on the matter. [43460/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The breakdown of expenditure is as follows:

\

Disposal of hazardous soil 32,407,952.49 + VAT Disposal of hazardous liquid waste 2,069,966.15 + VAT Jetting lorry hire 230,250.00 + VAT Section stage completion and backfilling of pits/tunnels 278.710.01 + VAT

Sub-Total: 34,986,878.65 + VAT

Less ferrous metal rebate 269,371.00 + VAT

Total 34,717,507.65 + VAT

Inclusive of VAT 42,008,184.26

Domestic Violence. 359. Deputy Aengus O´ Snodaigh asked the Minister for the Environment, Heritage and Local Government the number of refuges for victims of domestic violence here; the number of spaces available; his plans to increase the number of refuge spaces; if so, the number by which the spaces will be increased; and when these will be available. [43484/08]

360. Deputy Aengus O´ Snodaigh asked the Minister for the Environment, Heritage and Local Government his Department’s current spending on emergency and transitional accom- modation for victims of domestic violence by local authority area in 2007 and 2008. [43485/08] 411 Questions— 2 December 2008. Written Answers

361. Deputy Aengus O´ Snodaigh asked the Minister for the Environment, Heritage and Local Government his Department’s capital spending on emergency and transitional accom- modation for victims of domestic violence by local authority area in 2007 and 2008. [43486/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 359 to 361, inclusive, together. Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence (an executive office of the Department of Justice, Equality and Law Reform) was established by Government in June 2007, with the key responsibility to ensure the delivery of a well coordinated “whole of Government” response to domestic, sexual and gender-based violence. The major priority for Cosc is to produce a National Strategy on Domestic, Sexual and Gender- based Violence which has the support of Government and non-governmental organisations in the sector. This work should inform actions needed to improve service provision, including emergency accommodation and refuge provision places. Capital funding is available through my Department’s Capital Assistance Scheme to approved voluntary housing bodies to provide accommodation to meet the special housing needs of groups including the elderly, the homeless, persons with disabilities and victims of domestic violence. My Department’s involvement with the scheme relates primarily to the provision of funds for individual projects. The administration of the scheme, including the appraisal of new applications, the management of the planning and procurement stages of projects and the certification that particular projects comply with the terms of the scheme, are the responsibility of the appropriate local authority. Given that the accommodation provided by voluntary housing bodies for victims of domestic violence may often be in multi-purpose accommodation or may not be categorised specifically as refuges, a separate figure is not available for capital expenditure on accommodation for victims of domestic violence. While my Department does not hold details in relation to all refuges for victims of domestic violence, information is available in relation to the funding provided towards the operational costs of certain refuges and transitional accommodation which are used for such purposes. The expenditure recouped to local authorities by my Department under section 10 of the Housing Act 1988 for this purpose in 2007 and to date in 2008 is set out in the Table which follows. Housing authorities have statutory responsibility for homeless accommodation and any pro- posals for additional accommodation for homeless persons are a matter for consideration in the first instance by the relevant housing authority.

Refuges 2007 2008 to date

Local Authority Clonmel Borough Council 102,577.52 102,577.52 Cork City Council 64,106.52 64,292.28 Donegal County Council 28,196.10 13,500.00 Drogheda Borough Council 24,096.60 24,096.60 Dublin City Council 241,362.00 181,021.50 Dundalk Town Council 41,220.90 82,782.00 Ennis Town Council 242,024.40 226,274.28 Galway City Council 88,285.49 87,301.41 Kilkenny County Council 58,384.31 67,127.83 Limerick City Council 230,573.85 172,930.41 Mayo County Council 35,603.27 22,500.00

412 Questions— 2 December 2008. Written Answers

Refuges 2007 2008 to date

Meath County Council 41,376.60 0.00 Claim received 1 December 2008 now being examined South Dublin County Council 57,376.56 58,813.77 Kerry County Council 148,664.71 124,225.20 Waterford City Council 99,734.40 74,799.45 Wexford Borough Council 91,782.90 83,736.18

Total Refuges 1,595,366.13 1,385,978.43

Transitional Dundalk Town Council 65,752.20 33,441.50 Mayo County Council 48,920.00 19,568.00 Dublin City Council 256,355.85 261,481.56 South Dublin County Council 113,517.89 56,758.95

Total Transitional 484,545.94 371,250.01

Total Funding 2,079,912.07 1,757,228.44

Social and Affordable Housing. 362. Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government the funding available for an organisation (details supplied) in County Tipperary that has a site earmarked to build voluntary housing on this site; if Clu´ id has available funding that can be applied for; if not, when it will be allocated funding again in order that the organis- ation can apply in good time; the other organisations that has funding for voluntary housing; if there is available funding in any of these organisations; and if not, when funding will be allocated to them again in order that the organisation can apply in good time. [43507/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Under my Department’s funding schemes for voluntary and co- operative housing, grants of up to 100% of the approved cost of projects are available for accommodation provided by approved housing bodies. The administration of the schemes, including the processing and appraisal of new applications, the management of the planning and procurement stages of projects and the certification that projects comply with the terms and conditions of the funding schemes, are the responsibility of the relevant local authority. In the case of the project referred to, the group should discuss the proposal with South Tipperary County Council in the first instance.

Local Authority Staff. 363. Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government if, in view of the consequences of job losses in Donegal County Council, he will provide additional funding to the Council to prevent such job losses; and if he will make a statement on the matter. [43510/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): It is a matter for each local authority to prioritise its spending, within the resources available to it, across the range of services it provides. Equally, local authorities must ensure full value for money for the resources invested, and seek the maximum efficiency across their operations. 413 Questions— 2 December 2008. Written Answers

[Deputy John Gormley.]

General purpose grants are important in assisting local authorities to balance their budgets, and comprise about one fifth of the funding required by authorities to provide their day to day services, although the proportion varies between authorities. Local authorities receive income from a range of sources including rates, charges for goods and services, specific State grants and general purpose grants from the Local Government Fund. Donegal County Council’s general purpose grant allocation for 2009 is \41,475,164. General purpose grants to Donegal County Council have increased by some 218% since 1997. I am satisfied that the general purpose allocation I have provided for 2009, together with the income available from other sources, will enable Donegal County Council to provide an accept- able level of service to their customers.

Social and Affordable Housing. 364. Deputy Bernard Allen asked the Minister for the Environment, Heritage and Local Government the number of affordable houses and apartment units that remain unsold including those in which contracts have issued to purchasers but sale is not complete; the unit cost paid by local authorities for each and the date of completion; the current market value and date of valuation for each unit; and the total purchase cost of all such units held by local auth- orities. [43530/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Responsibility for the operation of the affordable housing schemes is primarily a matter for individual housing authorities. Accordingly, detailed information in relation to the position regarding contracts for sale or other matters in relation to individual affordable homes is not available in my Department. It is a feature of the operation of the schemes that individual authorities would ordinarily have a certain quantum of completed affordable homes on hands at any given time, principally comprising units either being prepared for, or in the course of, sale. In the context of my Department’s ongoing monitoring of progress on the various schemes, and against the current market background, my Department will be reviewing the overall position in regard to activity in the affordable housing sector at year-end. However, the information available from local authorities would suggest that the strong level of affordable housing delivery in 2008 and wider market considerations are combining to increase the stock of homes on hands. As an input to reviewing the end year position, my Department has requested the Affordable Homes Partner- ship to examine the position in selected areas, in conjunction with the relevant housing auth- orities, with a view to identifying actions that might assist in the sale of such units or in their deployment for other housing purposes.

Special Areas of Conservation. 365. Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Govern- ment further to his confirmation by way of reply to Parliamentary Question No. 450 of 18 November 2008 relating to the notification of land owners affected by the designation of special areas of conservation and special protection areas, that his Department undertakes extensive consultation with each landowner so affected, his views on whether all landowners whose prop- erty rights may be similarly affected by other similar but equally invasive designations are entitled to similar notification measures; the steps he will take to ensure that all such affected land owners are not deprived or their entitlement to natural and constitutional justice in this regard; and if he will make a statement on the matter. [43540/08]

414 Questions— 2 December 2008. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In the reply to Question No. 450 of 18 November 2008 I outlined the landowner notification procedures followed by my Department in relation to the proposed designation of Special Areas of Conservation and Special Protection Areas. The designation process is provided for in the Regulations that transpose the European Union Birds and Habitats Directives. The procedures that apply in relation to other forms of land or site designation are covered, as appropriate, by relevant legislative codes. In particular, the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations (S.I. No 476 of 2000) made by the Minister for Enterprise, Trade and Employment, are the main regulations that give effect to the Seveso Directive in Irish law. The Health and Safety Authority (HSA) has been designated as the central competent authority for enforcement of these regulations. The Directives requirements in relation to land use policies are reflected in the development plan- ning provisions of the Planning and Development Act 2000 and the development consent pro- cedures set out in the Planning and Development Regulations 2001 and 2006. Issues relating to buffer zones at sewage treatment plants are a matter for local authorities or relevant statutory authorities. I will give careful consideration to the matter of the desig- nation of Public Safety Zones around the three State airports in the context of the forthcoming Planning and Development (Amendment) Bill.

Planning Issues. 366. Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Govern- ment further to his reply to Parliamentary Question No. 474 of 18 November 2008 relating to development consent in respect of strategic infrastructure projects, if he will confirm the stipu- lated fee in such instances; the details of each proposed project inclusive of applicant name, brief description of the works involved and the decision of the board on determined cases with respect to all such applicants received to date by An Bord Pleana´la; and if he will make a statement on the matter. [43541/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Under the Planning Acts, as Minister, I may only intervene in the planning process in respect of heritage matters, i.e., I may comment on planning applications or appeals, or give expert advice to planning authorities or An Bord Pleana´la, in relation to the protection of the built and natural heritage only. In all other circumstances, I am precluded, under section 30 of the Planning and Development Act, 2000, from exercising any power or control in relation to any individual planning application or appeal with which a planning authority or An Bord Pleana´la is or may be concerned. The prescribed fee for making an application for development consent under the Planning and Development (Strategic Infrastructure) Act 2006 is \100,000. The processing of individual cases under the Act is a matter for An Bord Pleana´la, and one in which I have no function. Details of all applications and decisions made under the Strategic Infrastructure Act are avail- able on the website of An Bord Pleana´la at www.pleanala.ie.

Homeless Persons. 367. Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the financial difficulties that are arising for a project (details supplied) in County Meath; the action he will take to resolve such financial difficulties to ensure the service is provided by the group does not result in a negative impact on the service users; and if he will make a statement on the matter. [43602/08]

415 Questions— 2 December 2008. Written Answers

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Housing authorities have statutory responsibility for homeless accommodation and other related services and any proposals in this regard are a matter for consideration in the first instance by the relevant housing authority. The housing authority must establish the need for the service and determine the level of emergency/transitional accommodation and related services to be provided, having regard to the need for such accommodation and services within their area. Local authorities must ensure that maximum efficiency and value for money are achieved, and accordingly, services and associated costs must be determined strictly in accordance with evidenced need, and on the basis of rigorous appraisal of the type and level of service that is warranted and the cost involved. My Department currently recoups expenditure in respect of two outreach workers in Meath. I understand that the issue of funding for an outreach worker for the Supported Transitional Housing Project in Windtown, Navan, Co. Meath, is currently being examined by the local authority.

Social and Affordable Housing. 368. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government the average cost per applicant of the rental accommodation scheme; the number of persons accommodated under this scheme; and if he will make a statement on the matter. [43612/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The Rental Accommodation Scheme (RAS) is designed to cater for the accommodation needs of persons in receipt of rent supplement who have a long-term housing need. As indicated in the table which follows, in the period to end-October 2008, over 16,400 households eligible for the scheme were transferred from rent supplement to accom- modation provided by local authorities, either to RAS directly or to some other type of social housing.

RAS Social Housing Total

No. of households accommodated 8,640 7,783 16,423

The individual cost per applicant is not held by my Department. However, based on figures supplied to my Department by local authorities to the end of 2007 the average rent paid per month by local authorities to private landlords participating in the Rental Accommodation Scheme was \763. Tenants under RAS would pay a contribution towards these rental costs in line with each local authority’s differential rents scheme.

Local Authority Staff. 369. Deputy Ciara´n Lynch asked the Minister for the Environment, Heritage and Local Government the regulations in place in regard to employment in the private sector of senior local authority staff whether on leave of absence or on a career break, former or retired, working part-time or full-time; and if he will make a statement on the matter. [43787/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): All local authority staff are subject to the Ethics in Public Office Act, 1995; the Standards in Public Office Act, 2001; the ethics provisions of the Local Government Act, 2001; the Code of Conduct for Local Authority Employees, and the Equality Act 2004. An Outside Appointments Board 416 Questions— 2 December 2008. Written Answers for the Local Government Sector was established in June 2008 to consider applications from senior local authority employees, including City and County Managers, who intend to take up appointments outside the local government sector following resignation or retirement. The role of the Board is to maintain public trust in the local government service through independent assessment of post employment appointments that local authority employees propose to take up within one year of resigning or retiring from the local government service.

Emergency Services. 370. Deputy Brendan Howlin asked the Minister for the Environment, Heritage and Local Government the steps he is taking in respect of his Department’s direction to local authorities to implement a 3% reduction in pay costs, to ensure that this measure does not result in diminution in emergency public services such as the fire service; if he will issue a directive to local authorities to maintain their fire services at least at their present level; and if he will make a statement on the matter. [43796/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to question No. 366 of Tuesday 7 October 2008. My Department directed all local authorities, in line with Government policy on Public Sector pay costs, to implement a 3% reduction in payroll costs for 2009. Local Authorities have a range of measures at their disposal for deployment at local level to meet this requirement, and will take account of their responsibilities and obligations in regard to the maintenance and delivery of front line services.

Water and Sewerage Schemes. 371. Deputy Sea´n Fleming asked the Minister for the Environment, Heritage and Local Government when a scheme (details supplied) in County Laois will be given approval to go to contract and invite tenders; and if he will make a statement on the matter. [43800/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Laois Grouped Towns Sewerage Scheme is included for funding under my Department’s Water Services Investment Programme 2007-2009. Laois County Council’s Tender Documents for the treatment plants element of the scheme are being examined in my Department and are being dealt with as quickly as possible. Contract Documents for the collection networks are awaited from the Council.

Planning Issues. 372. Deputy Brendan Howlin asked the Minister for the Environment, Heritage and Local Government if, in view of the contraction in the construction industry and difficulties in the financial services sector, he will review relevant legislation in order to provide that planning permission can be extended from five to eight years when commencement of construction is delayed specifically as a result of the recession; and if he will make a statement on the matter. [43810/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Question Nos. 205 and 208 of 13 November 2008. The position is unchanged.

Hunting Licences. 373. Deputy Tony Gregory asked the Minister for the Environment, Heritage and Local

417 Questions— 2 December 2008. Written Answers

[Deputy Tony Gregory.] Government the basis of the decision to specify a five and a half month hunting season in the recent licence granted to a hunt (details supplied). [43827/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Section 26(1) of the Wildlife Act 1976 provides that I may grant to the master or other person in charge of a pack of stag hounds, a licence authorising the hunting of deer by that pack, during such period or periods as is or are specified in the licence. The Ward Union hunt applied for a licence for the 2008/2009 season from 13 October, 2008 to 31 March, 2009 and the duration of the licence issued was in line with previous licences which were valid for similar periods. While the licence for the 2007/08 season was valid from mid December, 2007 to 31 March 2008, this was due to issues of serious concern to me which needed to be addressed prior to my decision on the licence application.

Local Authority Charges. 374. Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government the amount charged by each local authority for commercial water charges; and if he will make a statement on the matter. [43840/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The following table, based on information supplied to my Department by the local authorities sets out the charges levied by each local authority for water and waste water supplies to non- domestic consumers in 2008.

Local Authority charges for water and wastewater (in euro) per cubic metre (2008)

Local Authority Charge for water Charge for Wastewater Combined Charge

Carlow 1.00 1.30 2.30 Cavan 1.08 1.34 2.42 Clare 1.10 0.98 2.08 Cork 0.94 1.15 2.09 Cork City 0.97 1.33 2.30 Donegal 1.45 0.96 2.41 Dublin City 1.07 0.46 1.53 South Dublin 1.43 0.36 1.79 Dun Laoghaire Rathdown 1.09 1.15 2.24 Fingal 0.82 1.01 1.83 Galway 0.89 0.61 1.50 Galway City 0.71 0.28 0.99 Kerry 1.07 0.72* 1.79* Kildare 0.85 0.56 1.41 Kilkenny 0.91 1.62 2.53 Laois 1.14 1.26 2.40 Leitrim 0.85 0.84 1.69 Limerick 1.10 1.50 2.60 Limerick City 1.07 0.59 1.66 Longford 1.25 1.15 2.40 Louth 0.85 0.70 1.55 Mayo 0.88 1.30 2.18 Meath 1.22 1.08 2.30

418 Questions— 2 December 2008. Written Answers

Local Authority Charge for water Charge for Wastewater Combined Charge

Monaghan 1.01 1.10 2.11 Offaly 1.10 1.40 2.50 Roscommon 0.82 1.09 1.91 Sligo 1.29 0.78 2.07 Tipperary North 1.10 0.80 1.90 Tipperary South 0.95 1.75 2.70 Waterford 1.06 1.06 2.12 Waterford City 1.16 0.37 1.53 Westmeath 1.19 1.26 2.45 Wexford 1.26 1.45 2.71 Wicklow 1.34 1.11 2.45 *As a transitional measure Kerry County Council propose in 2008 to issue bills for water charges on a metered volumetric basis and separate fixed rate bills using a banding system for wastewater that the Council estimate to be equivalent to a waste water charge of \0.72 per m2.

Departmental Correspondence. 375. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if he will confirm receipt of correspondence from a person (details supplied); his views on the matters outlined; and if he will make a statement on the matter. [43869/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I can confirm that I have received correspondence from the person concerned, to whom I will very shortly reply. In the meantime, I do not consider it appropriate to comment on the sub- stance of that correspondence.

Private Rented Accommodation. 376. Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government the number of properties registered with the Private Residential Tenancies Board; the number of cases of non-registration which have been examined in each local authority area; the action taken in each year for the past three years; the outcome of same; and if he will make a statement on the matter. [43908/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I have no function in this matter as the operation of tenancy registration is the responsibility of the Private Residential Tenancies Board, an independent statutory body established under the Residential Tenancies Act 2004. Since its establishment, the Board has achieved considerable success in the registration of tenancies and I understand that in excess of 240,000 tenancies are now registered. The Board may be contacted at their offices at O’Connell Bridge House, Dublin 2 or by telephone or email. Contact details are available on the Board’s website at www.prtb.ie.

Building Regulations. 377. Deputy Phil Hogan asked the Minister for Communications, Energy and Natural Resources the process whereby he will enforce the legislation in respect of the energy perform- ance of buildings S.I. No. 662 of 2006; and if he will make a statement on the matter. [43409/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Iam assuming the Deputy is referring to the European Communities (Energy Performance of 419 Questions— 2 December 2008. Written Answers

[Deputy Eamon Ryan.] Buildings) Regulations (S.I. No. 666 of 2006). The regulations in question are made by the Minister for the Environment Heritage and Local Government. Under the regulations, enforce- ment is a matter for authorised officers of the local authorities. Sustainable Energy Ireland (SEI) as Issuing Authority under the regulations may also appoint additional authorised officers. SEI has appointed a number of such authorised officers for the purpose of carrying out quality assurance of the building energy rating scheme. In addition, SEI has secured the agreement of the Law Society to issue a practice note to all solicitors advising them of their duties as agents under the Regulations and has published notices in the media to further assist in raising awareness of rights and obligations under the Regulations.

Question No. 378 answered with Question No. 112.

Alternative Energy Projects. 379. Deputy David Stanton asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 147 of 29 October 2008 the number of sub- missions his Department received on the recent public consultation document on a proposed bio-fuels obligation; and if he will make a statement on the matter. [43791/08]

384. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent to which he had incentivised or proposes to incentivise plant oil reduction for energy purpose; his future intentions in this regard with a view to maximising home pro- duction and reducing dependency on imports; and if he will make a statement on the matter. [43998/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to answer Questions Nos. 379 and 384 together. The public consultation process in relation to the Biofuels Obligation Scheme has recently been completed and there were over 30 submissions received as part of the consultation pro- cess. My Department will now be analysing the submissions with a view to preparing specific details for a final Biofuels Obligation Scheme which will be cognisant of the views expressed by stakeholders. I will bring a proposal to Government in the early part of next year and introduce the necessary legislation required in order that the Biofuels Obligation Scheme can be introduced in January 2010. As set out in the public consultation document, the Biofuels Obligation Scheme will provide for trading of certificates between suppliers. This is expected to particularly benefit those pro- ducers of high blend biofuels, such as 100% Pure Plant Oil (PPO), as they will have surplus certificates to trade with those suppliers bringing lower blends to the market.

Health and Safety Issues. 380. Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources his views on whether monitoring the operation of coal mines by his Department failed in the past to address the working conditions of miners; if in view of same, he has had discussions with the Department of Social and Family Affairs regarding the inclusion of miners in the occupational injury benefit scheme; and if he will make a statement on the matter. [43915/08]

420 Questions— 2 December 2008. Written Answers

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Sea´n Power): As I explained in response to a supplementary question on 29 October 2008, the functions of the mines inspectorate which relate to working conditions of miners are carried out by the Health and Safety Authority. The person with responsibility in this area was identified under the Mines and Quarries Act 1965 as the Minister for Industry and Commerce. The functions of said Minister have devolved to the Minister for Enterprise, Trade and Employ- ment. Neither I nor my Department have any function in this regard. I have not had discussions with the Department of Social and Family Affairs in relation to the matter of inclusion of miners under the Occupational Injury Scheme. That is a matter for the Minister for Social and Family Affairs.

Environmental Policy. 381. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent to which he has evaluated the economic impact of national and EU climate change measures; the provision he will make to offset such negatives; and if he will make a statement on the matter. [43995/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Government has established a Cabinet Committee on Climate Change and energy security to ensure that a comprehensive and cohesive policy is in place to deliver in these critical policy areas. The committee has established an inter-departmental senior officials group to address the challenges posed to Ireland in achieving these targets, including consideration of the costs and benefits of various policy options. This work feeds into the carbon budget process, which is presented to the Da´il by my colleague, the Minister for the Environment, Heritage and Local Government. The annual carbon budget reports on the effectiveness of our response in meeting these challenging targets.

Offshore Exploration. 382. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the number of oil, gas or other mineral exploration licences sought and issued in the past year; the number activated in that period; and if he will make a statement on the matter. [43996/08]

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Sea´n Power): In 2008, five Petroleum Exploration Licences were issued. Four of these licences are Frontier Exploration Licences awarded under the 2007 Porcupine Licensing Round. The other licence is a Standard Exploration Licence over an area in the Celtic Sea. All these licences are active. To date in 2008 there have been 117 applications for prospecting licences for non-petroleum minerals and 86 licences have been issued. All these licences are active.

Broadcasting Services. 383. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent and nature of discussions he has had with the public and private broad- casting sectors in the context of the future development of the broadcasting services here; if he has discussed broadcasting policy with the relevant executives; and if he will make a statement on the matter. [43997/08]

421 Questions— 2 December 2008. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): In the context of the development of broadcasting policy my officials and I have cause, on a regular basis, to meet with the various interests that comprise the broadcasting sector including, but not limited to, commercial broadcasters, public service broadcasters and independent producers. Discussions cover a wide range of broadcasting issues and help inform my consideration of policy options.

Question No. 384 answered with Question No. 379.

Questions Nos. 385 to 387, inclusive, answered with Question No. 109.

Information and Communications Technology. 388. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if he has received or issued advice or instructions nationally or in conjunction with his EU colleagues in the matter of the prevention of spam, computer hacking or the use of the Internet for child abuse, pornography or other illegal purposes; and if he will make a statement on the matter. [44002/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): My Department, in conjunction with the Department of Justice, Equality and Law Reform, the authorities in Northern Ireland, private sector companies and not-for-profit organisations recently conducted a public awareness campaign called “makeITsecure” to promote the safe use of the internet. The campaign was designed to increase awareness among citizens of the most common secur- ity risks related to accessing and transacting on the Internet, such as identity theft, spyware, phishing and child safety particularly with regard to the potential risks from social networking and accessing inappropriate content. Legislation for the control of spam is provided for in the European Communities (Electronic Communications Network and Services) (Data Protection and Privacy) Regulations 2003. Implementation of these regulations is a matter for the Office of the Data Protection Com- missioner which is under the aegis of the Department of Justice, Equality and Law Reform. I will shortly sign new regulations that will strengthen the Data Protection Commissioners capa- city to tackle spam. Responsibility for issues relating to the use of the internet for illegal purposes such as child abuse and pornography is a matter for the Minister for Justice, Equality and Law Reform.

Postal Services. 389. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources his preferred options in regard to the future operation of parcel and letter delivery service here on a next day all week basis; and if he will make a statement on the matter. [44003/08]

390. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if he has had discussions directly or indirectly with current or potential service providers in regard to the future letter and parcel delivery services nationwide; and if he will make a statement on the matter. [44004/08]

391. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if he has had discussions with his EU colleagues or An Post in the context of the

422 Questions— 2 December 2008. Written Answers future development of the postal services here and throughout Europe; if he has discussed how best it is intended to meet public service obligations in the future; and if he will make a statement on the matter. [44005/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to take Questions Nos. 389 to 391, inclusive, together. The Government’s policy with regard to the future development of the postal service is to ensure Irish customers, both business and residential, enjoy competitively priced, high quality postal services on a par with the highest quality standards in key comparator economies else- where in the EU. Electronic communications services, while providing threats to the postal service in the form of electronic substitution, will also provide opportunities in the form of e-fulfilment. I believe that there will continue to be a key national role for An Post in delivery of mails and parcels. However, over the coming years, competition can be expected to increase in these sectors, whether from the privately owned express sector, from the large European public operators now looking for international business or from electronic substitution. Indeed, liber- alisation of the mail market in Ireland has already commenced and there are currently in excess of thirty operators with authorisations from Communications Regulation. An Post has a statutory obligation to provide a universal postal service, including the pro- vision of a delivery to the home or premises of every natural or legal person not less than five days per week. The third postal directive, which will be transposed into Irish law by 31 December 2010, maintains the universal service obligation at the current level whilst providing for the completion of the liberalisation process in the postal sector. It is also Government policy that An Post remains a strong and viable company, in a position to compete in a liberalised market and provide a high quality, nationwide postal service. It is, however, the responsibility of the board and management of the company to make strategic decisions regarding its future and how it will prepare itself for future competition, particularly in advance of the full liberalisation of the postal sector. My department and I regularly meet with An Post to receive updates on the key issues affecting the company including those as they relate to market liberalisation. Following on from the recently held public consultation process on the key decisions to be made when transposing the directive, my officials have examined the submissions received in response to the consultation, including those from An Post and other postal operators, and are drafting proposals on the legal framework which will apply in a liberalised market. Such draft legislative proposals will be subject to a regulatory impact analysis and will include further engagement, early in 2009, with interested stakeholders on issues arising from the process. As part of the transposition process my officials will also examine the experiences of other EU countries in liberalising and developing the postal market.

Telecommunications Services. 392. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources if he is satisfied regarding the availability of broadband here; if previous and recent efforts for the provision of such services have been successful; if efforts to date compare favour- ably or otherwise with the availability of service throughout the other EU member states; and if he will make a statement on the matter. [44006/08]

393. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent to which he has taken initiatives nationally of in conjunction with his EU

423 Questions— 2 December 2008. Written Answers

[Deputy Bernard J. Durkan.] colleagues to advance the cause and provision of state of the art communications technology; the degree to which discussions have taken place which might result in improvements in this section in this jurisdiction; and if he will make a statement on the matter. [44007/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to take Questions Nos. 392 and 393 together. The provision of telecommunications services, including broadband, is a matter for the private sector. Broadband service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. The role of the Government is to formulate regulatory and infrastructure policies to facilitate the provision of high quality telecommunications services, by competing private sector service providers. The widespread provision of broadband services continues to be a priority for the Govern- ment. In that regard my Department has undertaken initiatives to address the gaps in broad- band coverage. These included providing grant-aid under the now concluded Group Broadband Scheme and ongoing investment in Metropolitan Area Networks (MANs). There are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband services. In this regard my Department has undertaken to implement a National Broadband Scheme (NBS). The NBS is designed to deliver broadband to areas where the market has failed to provide services. It will bridge the digital divide, create greater equality in terms of social and economic inclusion and remove the disadvantage caused by a lack of broadband services. It will also facilitate competition in the broadband market in the regions leading to greater choice, quality and value for money to the consumer. On the 25 November 2008 I announced that 3, a Hutchison Whampoa company, has been selected as the preferred tenderer for the National Broadband Scheme (NBS) following the conclusion of a comprehensive competitive procurement process. The NBS contract is expected to be signed with 3 by mid-December. NBS consumers will be provided with a reliable and price competitive broadband connection consisting of an always-on service of at least 1mbps. Higher speeds will be experienced by some consumers located closer to base stations. The service will be upgraded to higher specifications during the 68-month contract without any increase in charge to the consumer. According to the latest OECD report, which includes data up to June 2008 Ireland has one of the strongest per capita broadband subscription growths being ranked 4th out of 30 coun- tries. We have closed the gap on the OECD average with extraordinary improvement over the past 2 years. The OECD average increase is 2.7 subscribers per 100 inhabitants; Ireland’s growth was 4.1 subscribers per 100 inhabitants. It should be noted that mobile broadband is not yet being published for international statistic comparison but is expected to be in the future. The publication of mobile broadband statistics should improve Ireland’s ranking. The policy framework for future broadband development is set out in the consultation paper on Next Generation Broadband, which I published last July. A central commitment is that Ireland will have universal access to broadband by 2010 and that by 2012 our broadband speeds will equal or exceed those in comparator EU regions. The consultation period on the paper has now concluded and my officials are evaluating the submissions received. I will publish the final policy paper shortly. I am also actively engaged with the EU Commission’s review of the regulatory framework for electronic communications. Effective regulation, and more consistency in regulatory

424 Questions— 2 December 2008. Written Answers approaches across all the Member States, will enhance the conditions necessary for investment in communications technology and allow Ireland exploit the opportunities such technology brings for the benefit of our economy and society.

Information and Communications Technology. 394. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the position in regard to the development of the digital hub and the benefits accruing there from; and if he will make a statement on the matter. [44008/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Digital Hub Development Agency (DHDA) continues to develop and grow the Digital Hub. There are now 857 employees working in 101 companies located in the Digital Hub. When contract employees are taken into account the number rises to over 1,000 people working daily in the Digital Hub. Approximately one in six digital media companies currently operating in Ireland is based in the Digital Hub. The work of these companies encompasses computer gaming, animation, online bookings, Internet security, website development, mobile technologies, broadcasting, design and Internet services. Such highly-skilled knowledge econ- omy companies are key to maintaining and developing economic success. Recently, GOA Games Services, a subsidiary of France Telecom, which already employs 200 people in the Digital Hub, announced an expansion to 400 employees in the next 12 months. It is also notable that two Digital Hub companies, Lincor and Zamano, took first and second place in the Deloitte Fast 50 rankings of Ireland’s fastest growing enterprises. Apart from enterprise, the DHDA also has remits relating to education, community and urban regener- ation. The DHDA delivers a very successful learning programme, which provides state-of-the- art digital media education to schools and the wider community in Dublin’s south west inner city, with a view to improving learning, employment and leisure opportunities for local resi- dents. The programme is hugely successful and almost 40 digital media learning programmes have been delivered to almost 3,300 participants in local schools and community groups to date. In relation to community engagement, the DHDA delivers an award-winning consultation process, the Community, Public, Private Partnership (CPPP) process. The process is chaired by Mr. Peter Cassells, and brings together around 60 community, public sector and private sector organisations. The process monitors delivery of the DHDA’s development plan. As a direct result of this engagement, the employment service for the local community and a local adult education centre are both now operating from the Digital Hub campus. Physical development/urban regeneration at the Digital Hub is provided in three ways:

1. Direct development by the DHDA;

2. Contracts entered into with two private developers; and

3. Leasing of space in the locality by the DHDA.

In order to meet the demand for commercial property for digital media companies at the Digital Hub, the DHDA has leased office space to meet the requirements of its tenant companies. The DHDA has now reached the point where all of its own available space has been occupied — approximately 80,000 sq.ft in State ownership by the DHDA or OPW — with a further 80,000 sq.ft occupied by Digital Hub tenants under interim lease arrangements with third parties. A further 20,000 sq.ft is likely to be delivered during the first half of 2009 under a proposal to redevelop another State owned building.

425 Questions— 2 December 2008. Written Answers

[Deputy Eamon Ryan.]

Planning permission was granted earlier this year for 140,000 sq.ft of digital media offices. The aim is to deliver a complete new city quarter, encompassing enterprise, retail, residential and community learning space by 2012. Because of the above successes, the Digital Hub has gained an international reputation as a model of best practice. The project now serves as a showcase for Irish innovation, attracting delegations from over 50 different countries each year.

Grant Payments. 395. Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food if REP scheme four payments will be awarded to a person (details supplied) in County Roscommon before Christmas 2008. [43430/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to different EU Regulations from the preceding versions of REPS. Under REPS 4, all payments are to be made in just two instalments. The first payment, of 75%, can be made only when all administrative checks on all 2008 applications for REPS 4 and the Single Payment Scheme are completed. This is why it has not yet been possible to release payments even to farmers who applied for REPS 4 some time before the closing date of 15 May. The process of checking and approving applications is subject to a detailed set of procedures designed to meet national and EU audit requirements, and in line with these requirements the various stages of the process are assigned to different grades of staff. An effect of recent industrial action in my Department’s local offices was that the process was temporarily inter- rupted. I am pleased to say that, with the assistance of the Labour Relations Commission, the industrial action was brought to an end and work resumed last week. The administrative checks are now at an advanced stage and I hope that payments of the 75% instalment can start to be released soon. The second instalment of 25% cannot be paid before the last REPS on-farm inspection has taken place. While I am anxious that the REPS 4 payments should go out as soon as possible, there are of course still over 48,000 farmers in REPS 3, and just under 16,000 of those have anniversary dates on 1 November and 1 December this year. Staff in my Department’s local offices are currently engaged in processing the annual payment applications for these farmers as well as the REPS 4 cases. Where possible, payment will issue before Christmas on valid REPS 3 applications (1C’s) returned before 5 December, 2008. At this time of the year the workload of local office staff is therefore exceptionally heavy, and while every effort is being made to release all payments promptly it is not possible to avoid delays entirely. I have asked senior management in my Department to prioritise the processing of payments and to give me regular updates on the situation.

Farm Waste Management. 396. Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food if, in view of his declaration of 19 November 2008 that his Department has not prepared an estimated cost to the State of the extension of the farm waste management scheme, he will provide financial explanations for his refusal to extend the scheme; his views on whether in principle an extension of the scheme would prevent job losses in the agricultural construction sector; and if he will make a statement on the matter. [43437/08]

426 Questions— 2 December 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The deadline of 31 December 2008 for completion of work by farmers under the revised Farm Waste Management Scheme introduced by my Department in March 2006 is a condition of the EU state aid approval for the Scheme. The EU Commission has since reaffirmed that this deadline must be respected strictly. Accordingly there are no further plans to approach the European Commission for approval to extend the deadline and I have not had any estimates prepared as to the likely cost of such an extension.

Milk Quota. 397. Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food the posi- tion regarding the temporary transfer of milk quota under force majeure in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [43469/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Mr Farrell’s appli- cation for a Ministerial Declaration to allow him to temporary lease his milk quota for the 2008/2009 milk quota year was received in my Department on 13 October 2008. His application was refused on the grounds that it did not come under the category of force majeure. Mr Farrell has been informed of his options regarding his quota, including the possibility of selling it through the 2009/2010 Milk Quota Trading Scheme, the second stage of which will be announced in early January.

Grant Payments. 398. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when all outstanding payments which are due to a person (details supplied) in County Mayo will be granted. [43498/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application was received on 15 May 2008 requesting the transfer of 30.86 Single Farm Payment entitlements from the joint names of the person named and his late father into the sole name of the per- son named. As the requested transfer was by way of inheritance, it was necessary to request the normal testamentary documentation in support of this transfer. The required documentation has now been received and the requested transfer has been fully processed. Payment will issue shortly.

399. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food when a slatted house grant will be awarded to a person (details supplied) in County Galway; and if he will make a statement on the matter. [43502/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Payment under the Farm Waste Management Scheme issued to the person concerned on 28 November 2008.

Farm Retirement Scheme. 400. Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food if he will review the decision to refuse an application for early retirement in respect of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [43505/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application under the Early Retirement (ERS3) Scheme for the person named was received in my Department

427 Questions— 2 December 2008. Written Answers

[Deputy Brendan Smith.] on 16 October 2008. It could not be accepted for processing as the Scheme was suspended for new applications with effect from 15 October 2008. I have no plans, at present, to reopen the Early Retirement Scheme to new applications, but the limiting of the suspension of the Scheme will be considered at the earliest opportunity having regard to the general budgetary situation.

Grant Payments. 401. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food further to a previous parliamentary question, when a person (details supplied) in County Mayo will receive their outstanding payments. [43524/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 1st May 2008. This application was selected for and was the subject of a ground eligibility and cross com- pliance inspection. The inspection process is completed and the application has now been fully processed. Payment will issue within one week.

402. Deputy David Stanton asked the Minister for Agriculture, Fisheries and Food when a REP scheme payment will issue to a person (details supplied) in County Cork; and if he will make a statement on the matter. [43529/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Payment will issue to the person named within the next ten days.

Industrial Disputes. 403. Deputy John Perry asked the Minister for Agriculture, Fisheries and Food the situation regarding an industrial dispute (details supplied) which is holding up single farm payment applications in his local Department offices; if he will give assurances that the situation will be rectified as soon as possible; and if he will make a statement on the matter. [43538/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Following a series of meetings at the Labour Relations Commission, the industrial dispute which commenced on Monday 6th October, 2008 was resolved. Normal work resumed last week in all of the Depart- ment’s local offices and work is ongoing to ensure the prompt delivery of all payments to farmers.

Grant Payments. 404. Deputy John Cregan asked the Minister for Agriculture, Fisheries and Food the reason a 60% grant payment did not apply to the application of a person (details supplied) in County Limerick under the farm waste management scheme; and if he will make a statement on the matter. [43550/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Under the terms and conditions of the Farm Waste Management Scheme, the grant-aid is paid on the lesser of the receipts/invoices lodged by the applicant together with costs of own contributions in terms of labour and machinery or my Department’s Standard Costs. In this case, the grant-aid of 60% was calculated on the basis of my Department’s Standard Costs.

428 Questions— 2 December 2008. Written Answers

405. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 551 of 21 October 2008 when payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [43601/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person concerned was paid grant-aid under the Farm Waste Management Scheme by my Department on 24 October 2008.

Farm Waste Management. 406. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 206 of 19 November 2008, if he will confirm that there is no staff member to sign off on these schemes in the southern half; if his attention has been drawn to the financial hardship that this is causing; and the steps which he is taking to address this situation. [43607/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Applications under the Farm Waste Management Scheme continue to be approved for payment in the South Roscommon office of my Department.

Grant Payments. 407. Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when payment will be made available to a person (details supplied) in County Kerry following their application for a farm waste management grant; and if he will make a statement on the matter. [43609/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person named is an applicant under the Farm Waste Management Scheme. Payment will be made by my Depart- ment to the person concerned shortly.

Poultry Industry. 408. Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food if he is satisfied that imported gas flushed chicken fillets comply fully with the stringent health and safety food production regulations governing the chicken fillets produced here. [43775/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Chicken fillets pro- duced within the EU are subject to the same health and safety requirements regardless as to their origin. For poultry products imported from outside the EU these must come from plants approved under the European Union veterinary inspection regime and having equivalent standards as that within the EU. There is a set of inspection procedures in place to ensure compliance with the relevant requirements. The practice of selling individual fillets taken from gas flushed packs in retail outlets is currently being examined by my Department in association with the Food Safety Authority of Ireland and the industry.

Farm Waste Management. 409. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if he will issue a response as quickly as possible to a memo regarding persons (details supplied) in County Mayo which was sent to him on two different occasions. [43777/08]

429 Questions— 2 December 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): A response was issued on this matter on 1 December 2008.

Farm Waste Management. 410. Deputy Damien English asked the Minister for Agriculture, Fisheries and Food his plans to extend the farm waste management scheme beyond the 31 December 2008 deadline; and if he will make a statement on the matter. [43786/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): As the EU Com- mission has consistently indicated its position that the 31st December deadline must be respected strictly, I have no plans to extend the deadline.

Grant Payments. 411. Deputy Dan Neville asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 528 of 21 October 2008, the position regarding an application for a milk tank grant in respect of a person (details supplied) in County Limerick. [43794/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person concerned is an applicant under the Farm Improvement Scheme. Applications under this Scheme are being processed by my Department up to the level of funding provided for the Scheme in the 2006 Partnership agreement, Towards 2016.

Farm Retirement Scheme. 412. Deputy Sea´n Fleming asked the Minister for Agriculture, Fisheries and Food the esti- mated saving in 2009 in respect of the suspension of the early farm retirement scheme; the estimated saving in respect of the suspension of the young farmer installation aid scheme; and if he will make a statement on the matter. [43799/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I have made provision of \56.7 million in 2009 to meet current commitments under the Early Retirement Scheme from Farming and the Young Farmers’ Installation Scheme. It is not possible to quantify the savings that will arise due to suspension for new applications of the Early Retirement Scheme and Young Farmers’ Installation Scheme.

413. Deputy Michael D’Arcy asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the cases of people who have incurred expense in lodging pro- ceedings with their solicitors for applications under the early retirement scheme from farming; and if he will make a statement on the matter. [43811/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): It is not possible to determine precisely the number of people who may have intended making an application under the Early Retirement Scheme from Farming ,though I am aware of figures submitted to my Department by various farming organisations. I have made provision of \47 million in 2009 to meet current commitments under the Early Retirement Scheme from Farming and have no plans at present to re-open the Scheme to new applicants.The limiting of the suspension of the Scheme will be considered at the earliest opportunity having regard to the general budgetary situation.

414. Deputy Michael D’Arcy asked the Minister for Agriculture, Fisheries and Food the number of people about to apply or who currently have leases prepared for the early retirement

430 Questions— 2 December 2008. Written Answers scheme from farming; the cost to his Department of such applications; and if he will make a statement on the matter. [43812/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): It is not possible to give an accurate assessment of the number of people who may have intended making an appli- cation under the Early Retirement Scheme, though I am aware of figures submitted to my Department by various farming organisations. I have made provision of \47 million in 2009 to meet current commitments under the Early Retirement Scheme from Farming and have no plans at present to re-open the Scheme to new applicants.The limiting of the suspension of the Scheme will be considered at the earliest opportunity having regard to the general budgetary situation.

415. Deputy Michael D’Arcy asked the Minister for Agriculture, Fisheries and Food the cost of the early retirement scheme from farming to the State over the past five years; the break- down for each year; and if he will make a statement on the matter. [43813/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The following table shows a breakdown by year of the cost (including EU funding) of financing the Early Retire- ment Scheme for the Years 2003-2007:

Year \ million

2003 78.1 2004 71.2 2005 61.8 2006 54.7 2007 53.3

Total 319.1

The amount of EU co-funding claimed in respect of Early Retirement for the years 2003-2007 was \164.26 million.

Grant Payments. 416. Deputy John Perry asked the Minister for Agriculture, Fisheries and Food if he will intervene on behalf of a person (details supplied) in County Sligo whose parcel of land of 7.6 hectares has been reduced to 7.46 hectares as a result of being measured by satellite; if his Department will correct their files to show the original mapped holding of 7.6 hectares; and if he will make a statement on the matter. [43818/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The forage area of the parcel in question was reduced to 7.46 hectares in 2005 to reflect the available forage area for Single Payment purposes following deduction of ineligible area (buildings).

417. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Roscommon will be awarded REP scheme four. [43831/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to different EU Regulations from the preceding versions of REPS. Under REPS 4, all payments are to be made in just two instalments. The first payment, of 75%, can be made only when all administrative checks on all 2008 applications for REPS 4 and the Single Payment Scheme are completed. 431 Questions— 2 December 2008. Written Answers

[Deputy Brendan Smith.] This is why it has not yet been possible to release payments even to farmers who applied for REPS 4 some time before the closing date of 15 May. The process of checking and approving applications is subject to a detailed set of procedures designed to meet national and EU audit requirements, and in line with these requirements the various stages of the process are assigned to different grades of staff. An effect of recent industrial action in my Department’s local offices was that the process was temporarily inter- rupted. I am pleased to say that, with the assistance of the Labour Relations Commission, the industrial action was brought to an end and work resumed last week. The administrative checks are now at an advanced stage and I hope that payments of the 75% instalment can start to be released soon. The second instalment of 25% cannot be paid before the last REPS on-farm inspection has taken place. While I am anxious that the REPS 4 payments should go out as soon as possible, there are of course still over 48,000 farmers in REPS 3, and just under 16,000 of those have anniversary dates on 1 November and 1 December this year. Staff in my Department’s local offices are currently engaged in processing the annual payment applications for these farmers as well as the REPS 4 cases. Where possible, payment will issue before Christmas on valid REPS 3 applications (1C’s) returned before 5 December, 2008. At this time of the year the workload of local office staff is therefore exceptionally heavy, and while every effort is being made to release all payments promptly it is not possible to avoid delays entirely. I have asked senior management in my Department to prioritise the processing of payments and give me regular updates on the situation.

418. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Galway has not received their single farm pay- ment; and if he will make a statement on the matter. [43833/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application under the Single Payment Scheme /Disadvantaged Areas Scheme was received from the person named on the 30th April 2008. This application was selected for and was the subject of a ground eligibility inspection. The inspection process is completed and the application has now been fully processed. Payment will issue within one week.

Fisheries Protection. 419. Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food if he will clarify his position in relation to the request by the polyvalent sector to be allocated an increased share of the Irish mackerel quota. [43855/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): My colleague, Mini- ster Tony Killeen has already received a range of diverse views from industry representatives and operators regarding how any additional mackerel quota for Ireland should be allocated. In that context, he held a meeting last week with the Federation of Irish Fishermen and other industry groups with a view to establishing whether an agreed industry approach to this matter can be found. Minister Killeen is now considering the views put forward at that meeting and the issues arising.

Grant Payments. 420. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the number of single farm payment applications which have been received from applicants in

432 Questions— 2 December 2008. Written Answers

County Roscommon and County Leitrim respectively in each year since the introduction of the SFP; the value of payments; and if he will make a statement on the matter. [43916/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The following table outlines the position in relation to applications lodged, paid and the value of those payments, in respect of each of the years 2005, 2006, 2007 and 2008, in respect of the Single Payment Scheme, for counties Roscommon and Leitrim.

County Applications Recd Applications Paid Amount Paid

\

Roscommon 2005 6,606 5,896 41,352,654 2006 6,169 5,796 41,174,845 2007 6,149 5,743 40,967,647 2008 6,089 5,476 39,503,413

Leitrim 2005 3,918 3,479 17,354,714 2006 3,732 3,415 17,353,852 2007 3,703 3,382 17,437,563 2008 3,670 3,152 15,861,881

In addition to those applying under the Single Payment Scheme, SPS applications are also lodged by farmers in connection with participation in the Disadvantaged Areas Scheme and the Rural Environment Protection Scheme, in addition to SPS applications also being lodged in connection with the transfer of SPS entitlements. The 2008 payment figures quoted represent the current position, balancing payments having commenced issuing on 1 December 2008.

421. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when payment will issue to a person (details supplied) in County Cork in respect of their single payment. [43924/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 8th April 2008. This application was selected for a satellite eligibility inspection. This inspection raised a number of issues relating to the parcels claimed by the person named. As a result this file has been forwarded for a ground eligibility inspection to clarify the issues. The ground eligibility inspection will be carried out as a matter of priority. No payment will issue until this matter is resolved.

422. Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) will receive payment from his Department following a May 2008 application; and if he will make a statement on the matter. [43947/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application was received on 1 April 2008 requesting the transfer of 80.63 Single Payment entitlements to the person named from another farmer by way of lease. The entitlements in question are categor- ized as ‘National Reserve’ entitlements. EU Regulation provide that National Reserve entitle- ments may not, except in the case of gift or inheritance, be transferred for a period of five 433 Questions— 2 December 2008. Written Answers

[Deputy Brendan Smith.] years from the date of their allocation. Consequently, the transfer application has been rejected and letters to this effect have issued to the herdowners concerned. In addition the person named also submitted an application for consideration under Category B of the 2008 National Reserve which caters for farmers who commenced farming after 31 December 2005. My Department received a letter dated 14 January 2008 from the Agricultural Consultant on behalf of the person named requesting that his National Reserve application be withdrawn. A letter issued to the person named on 25 November 2008 confirming that the National Reserve application was withdrawn as requested. However the Agricultural Consultant subsequently contacted my Department late last week and confirmed that the person named did not want to withdraw his National Reserve appli- cation. This application is currently being further reviewed and a decision will issue shortly. An application under the 2008 Disadvantaged Areas Scheme was received from the person named on 8 May 2008. One of the primary provisions of the Disadvantaged Areas Scheme is that applicants must maintain a minimum stocking density on their holding of 0.15 livestock units per forage hectare for at least three consecutive months. However, where the holding of an applicant is identified as potentially not meeting this minimum stocking density requirement, the applicant is invited to submit evidence of satisfactory stocking i.e. Flock Register, Horse Passports. The person named was written to on 13 October and again on 12 November inviting him to submit appropriate evidence of the numbers of livestock maintained on his farm. On receipt of a satisfactory responses from the person named, the application will be further processed with a view to payment at an early date.

423. Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Kerry will receive their 40% dairy hygiene grant; and if he will make a statement on the matter. [43948/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person concerned is an applicant under the Farm Improvement Scheme. Applications under this Scheme are being processed by my Department up to the level of funding provided for the Scheme in the 2006 Partnership agreement, Towards 2016.

Coastal Protection. 424. Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food if, in view of the submissions made in September 2008 (details supplied), he is in a position to allocate funding; and if he will make a statement on the matter. [43949/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): In line with a recent Government decision, responsibility for Coastal Protection and Coastal Flooding will become the responsibility of the Office of Public Works with effect from 1st January 2009. Arrange- ments are currently in train to effect the transfer. The Office of Public Works will therefore be responsible for the allocation of funding for Coast Protection works in 2009. Any queries with regard to 2009 funding should be directed to that office.

Farm Retirement Scheme. 425. Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food the status

434 Questions— 2 December 2008. Written Answers of the farm retirement pension for a person (details supplied) in County Wexford; and if he will make a statement on the matter. [44016/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): My Department has no record of an application under the Early Retirement Scheme by the person named.

Grant Payments. 426. Deputy Paul Kehoe asked the Minister for Agriculture, Fisheries and Food the status of the REP scheme payment for a person (details supplied) in County Wexford; and if he will make a statement on the matter. [44017/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to different EU Regulations from the preceding versions of REPS. Under REPS 4, all payments are to be made in just two instalments. The first payment, of 75%, can be made only when all administrative checks on all 2008 applications for REPS 4 and the Single Payment Scheme are completed. This is why it has not yet been possible to release payments even to farmers who applied for REPS 4 some time before the closing date of 15 May. The process of checking and approving applications is subject to a detailed set of procedures designed to meet national and EU audit requirements, and in line with these requirements the various stages of the process are assigned to different grades of staff. An effect of recent industrial action in my Department’s local offices was that the process was temporarily inter- rupted. I am pleased to say that, with the assistance of the Labour Relations Commission, the industrial action was brought to an end and work resumed last week. The administrative checks are now at an advanced stage and I hope that payments of the 75% instalment can start to be released soon. The second instalment of 25% cannot be paid before the last REPS on-farm inspection has taken place. While I am anxious that the REPS 4 payments should go out as soon as possible, there are of course still over 48,000 farmers in REPS 3, and just under 16,000 of those have anniversary dates on 1 November and 1 December this year. Staff in my Department’s local offices are currently engaged in processing the annual payment applications for these farmers as well as the REPS 4 cases. Where possible, payment will issue before Christmas on valid REPS 3 applications (1Cs) returned before 5 December, 2008. At this time of the year the workload of local office staff is therefore exceptionally heavy, and while every effort is being made to release all payments promptly it is not possible to avoid delays entirely. I have asked senior management in my Department to prioritise the processing of payments and give me regular updates on the situation.

Departmental Expenditure. 427. Deputy Sea´n Barrett asked the Minister for Education and Science if it is proposed to cut funding to a college (details supplied) in Dublin 2; his views on the consequences for the deaf community of such a reduction, in terms of teacher, university lecturer and sign language interpreter education, and educational delivery to deaf and hard of hearing students; and if he will make a statement on the matter. [43360/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The Universities Act, 1997, confers autonomous statutory responsibilities on universities in relation to the day to day man- agement of their affairs and it is a matter for each university to manage their financial resources. The Universities receive a recurrent block grant from the Higher Education Authority (HEA),

435 Questions— 2 December 2008. Written Answers

[Deputy Batt O’Keeffe.] which is the statutory planning and development body for higher education and research in Ireland and is the funding authority for the universities. I understand from the HEA that in recent years the University referred to by the Deputy requested and received specific funding for the Centre referred to, as part of their overall recurrent grant. The University again made a request to the HEA for specific funding for the Centre for 2009. This request was recently agreed by the HEA and I understand that the Authority has notified the University of the position. With regards to general recurrent funding allocated by the HEA, it is a matter for each institution to determine how it is allocated internally and each institution may determine the internal disbursement of such funding and may allocate additional funding over and above that earmarked by the HEA if they so wish.

School Transport. 428. Deputy Tom Hayes asked the Minister for Education and Science his proposals in relation to having an independent review of the post-primary school transport system; when such a review will take place; and if he will make a statement on the matter. [43397/08]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): I am pleased to advise the Deputy that the proposals for progressing the commitment given in the Programme for Government to review the school transport system including catchment boundaries are almost complete. I expect to be making an announcement on the matter shortly.

Whole School Evaluations. 429. Deputy John Perry asked the Minister for Education and Science the annual cost of whole school evaluations and subject inspections; and if he will make a statement on the matter. [43416/08]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Inspectorate is part of the Department of Education and Science, all costs associated with its work are paid from the administrative budget of the Department. Whole school evaluations and subject inspections form just part of the Inspectorate’s business plan in any given year. In 2007, for example, the Inspectorate carried out 303 whole school evaluations, 758 subject inspections, 23 programme evaluations, 23 evaluations of centres for education, the evaluation of 57 Irish-language summer colleges and the probation of 2,362 primary teachers (3 visits on average per teacher). The total number of inspections/evaluations carried out in 2007 was 3526. In addition, inspectors were also involved in a wide range of other work such as participation in over 200 Section 29 cases (expulsion or refusal to enrol pupils by schools), the preparation of composite evaluation reports, continuing professional development, advice and support to schools and teachers and also in contributing to curriculum development and policy formula- tion & development. It is not possible at present to separate out the costs specifically associated with whole school evaluations and subject inspections from other evaluations and from other costs incurred in carrying out the wider range of duties undertaken by inspectors. Other costs associated with the work of the Inspectorate include the Departmental secretarial and support services provided to support its evaluative and other work.

436 Questions— 2 December 2008. Written Answers

In 2007, there were 159 inspectors at various grades and the total gross salary cost for 2007 was \13,450,363. The total travel and subsistence expenses paid, in accordance with Civil Service rates, in 2007 was \1,688,886.

State Examinations. 430. Deputy John Perry asked the Minister for Education and Science the annual cost of oral exams and practical exams held in school term as opposed to holiday time; and if he will make a statement on the matter. [43417/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The State Examinations Com- mission has statutory responsibility for operational matters relating to the certificate examin- ations, including charging and collecting fees for examinations and applying such monies to the carrying out of its functions, and designate places where examinations may be held. In view of this, I have forwarded your query to the State Examinations Commission for direct reply to you.

Departmental Programmes. 431. Deputy John Perry asked the Minister for Education and Science the annual cost of school development and planning programme; and if he will make a statement on the matter. [43418/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The School Development Plan- ning Initiative (SDPI) is a support service established by my Department to assist and strengthen a culture of collaborative development planning in post primary schools, with a view to promoting school improvement and effectiveness and to further the process of whole school planning. The SDPI is based in Marino Institute of Education and has a team of one national co- ordinator and eleven regional co-ordinators. For 2007 a total of \1,370,737 was allocated to this programme by my Department and for 2008 the programme had an allocation of \1,381,270. The School Development Planning Service (SDPS) was a support service established by my Department to assist and strengthen a culture of collaborative development planning in primary schools. The Primary Curriculum Support Programme (PCSP) has joined with the SDPS to become the PPDS (Primary Professional Development Service) in 2008/09. From September 2008, the first steps were taken toward the creation of a cohesive single professional development support service for the primary sector. The new service will, in time, merge other primary support services and, while continuing to provide professional development programmes in response to system priorities, will be primarily concerned with the provision of customised support to schools and teachers. The organisation, which is managed by Dublin West Education Centre, has begun offering support to schools. Prior to September 2008 the SDPS had been based in Drumcondra Education Centre. For 2007 a total of \1,040,532 was allocated to this programme by my Department and for 2008 the programme had an allocation of \1,046,830.

Departmental Expenditure. 432. Deputy John Perry asked the Minister for Education and Science the annual cost of in-

437 Questions— 2 December 2008. Written Answers

[Deputy John Perry.] service courses organised by second level service; and if he will make a statement on the matter. [43419/08]

Minister for Education and Science (Deputy Batt O’Keeffe): In 2008 the Second Level Sup- port Service has a budget of \4.092m. The budget covers the provision of support for a large number of curricular areas and programmes. In 2008-2009 the full range of subjects/programmes offered by SLSS are:

• English;

• Irish;

• Mathematics;

• History;

• Geography;

• Biology;

• Physics;

• Chemistry;

• Junior Science;

• Religious Education;

• Civil, Social and Political Education;

• Home Economics;

• Student Councils;

• Leaving Cert Applied (LCA);

• Junior Cycle Schools Programme (JCSP);

• Leaving Cert Vocational Programme (LCVP);

• Transition Year (TY).

The SLSS supports second level teachers in curriculum implementation and continuing pro- fessional development. A feature of support is a focus on generic areas such as teaching and learning methodologies, the curriculum aspect of school development planning, independent learning skills, enterprise education, preparation for the world of work, school-industry-com- munity links, citizenship education and literacy across the curriculum. The SLSS provides school-based support, staff development workshops, regional cluster-based support and modu- lar courses. The service also produces journals and maintains an extensive web site and pro- motes and supports a range of ancillary projects and initiatives which enhance the provision of support to schools and teachers.

Psychological Service. 433. Deputy James Reilly asked the Minister for Education and Science if his Department

438 Questions— 2 December 2008. Written Answers will provide for a necessary up to date psychological assessment for a person (details supplied) in County Dublin with dyslexia prior to transition from primary to secondary school in September 2009; and if he will make a statement on the matter. [43421/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I can inform the Deputy that NEPS, in common with many other psychological services and best international practice, encourages a staged assessment process, whereby each school takes responsibility for initial assessment, educational planning and remedial intervention, in consultation with their assigned NEPS psychologist. Only if there is a failure to make reasonable progress in spite of the school’s best efforts, will a child be referred for individual psychological assessment. This system allows the psychologists to give early attention to urgent cases and also to help many more children indirectly than could be seen individually. It also ensures that children are not referred unnecessarily for psychological intervention. Students approaching the end of their primary education and their ensuing transition to Post- Primary constitute a significant focus in the interaction between school authorities and the NEPS psychologist. I understand, from the Principal of the school, that the child detailed in the Deputy’s question will not transfer to post-primary until September 2010. I can assure the Deputy that the appro- priate response will be delivered by both the school and the NEPS service, at the appropriate time having regard to the child’s particular needs.

Teacher Inspection. 434. Deputy Tom Sheahan asked the Minister for Education and Science when a person (details supplied) in County Kerry will be assessed and inspected in their place of employment in view of the fact that they are in their second year and teaching in Athlone; and if he will make a statement on the matter. [43425/08]

Minister for Education and Science (Deputy Batt O’Keeffe): While the teacher in question is in her second year of employment she did not register for probation last year. An application to register for probation from the teacher in question was received during Round 3 of the submissions process in this school year which closed on November 7th 2008. Inspectors are currently in the process of being assigned to teachers who registered for probation in round 3. This process will be completed within a week or so. The teacher will then receive a letter of notification and it is expected that initial visits will be made during the following three school weeks.

Schools Building Projects. 435. Deputy Denis Naughten asked the Minister for Education and Science further to Parliamentary Question No. 271 of 30 October 2008, the position regarding the programme; if a school (details supplied) is to be included; and if he will make a statement on the matter. [43429/08]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department is examining the feasibility of grouping a number of schools including the school referred to by the Deputy in the 3rd Bundle of school projects to be procured via Public Private Partnership. This examination is nearing completion and it is my intention to make an announcement about the matter as quickly as possible.

439 Questions— 2 December 2008. Written Answers

Special Educational Needs. 436. Deputy Richard Bruton asked the Minister for Education and Science the discussions that have taken place since Da´il E´ ireann last debated the issue of wider recognition for the applied behavioural analysis approach to the education of children in the autistic spectrum; if he will sanction the approval of more schools dedicated to the use of this approach; and if he will make a statement on the matter. [43447/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Officials in my Department have met on a regular basis with the relevant groups in relation to the commitment in the current programme for Government to long-term funding for the centres that are in the ABA pilot scheme subject to agreement with my Department on standards that will enable them to be supported as primary schools for children with autism. I am pleased to advise that broad agreement has been reached on the core conditions to enable the centres to be recognised as special schools for children with autism and discussions are ongoing in relation to existing contractual arrangements. I can assure the Deputy that my Department supports and promotes the use of ABA in schools, including special schools, as part of the range of autism specific interventions drawn on by teachers in the education of children with autism. What is important is that there is now a range of educational placements available which ensures that all children on the autistic spectrum can receive an appropriate education. Training and professional development in ABA, TEACCH, PECS, Social Stories etc for teachers in special classes for autism remains a firm priority for my Department. The National Council for Special Education has sanctioned the establishment of special classes for children with autism in special and mainstream primary and post-primary schools across the country and it will continue to do so in line with need.

School Enrolments. 437. Deputy David Stanton asked the Minister for Education and Science the number of students enrolled on the junior certificate schools programme and leaving certificate applied programme respectively; and if he will make a statement on the matter. [43463/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The information available to my Department at this time relates to the 2007/8 school year. In that year the number of pupils enrolled in the Junior Certificate Schools Programme was 7,649 and 7,437 pupils were enrolled in the Leaving Certificate Applied Programme. .

438. Deputy James Bannon asked the Minister for Education and Science the reason persons (details supplied) in County Longford are not being admitted to their local national school; the action their parents can take to provide a local, accessible education for their children; and if he will make a statement on the matter. [43467/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Enrolment in individual state funded schools is the responsibility of the managerial authority of those schools and my Depart- ment does not seek to intervene in decisions made by schools in such matters. The Depart- ment’s main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking places. This may result, however, in some pupils not obtaining a place in the school of their first choice.

440 Questions— 2 December 2008. Written Answers

It is the responsibility of the managerial authorities of schools that are not in a position to admit all pupils seeking entry to implement an enrolment policy in accordance with the Edu- cation Act. In this regard a board of management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion. In formulating an admissions policy a school must, however, ensure it is lawful. In particular, it must act in accordance with section 7 of the Equal Status Act 2000 which, subject to very limited exceptions, prohibits schools from discriminating against people in relation to a number of matters including the admission or the terms or conditions of admis- sion of a person as a student to the school. Where a board of management refuses to enrol a student in a school the parent of the student or, where the student has reached 18 years of age, the student themselves, following the conclusion of any appeal procedures at school level, has a statutory entitlement under section 29 of the Education Act to appeal that decision to the Secretary General of the Depart- ment of Education and Science. A committee is established to hear the appeal with hearings conducted with a minimum of formality. In most cases appeals must be dealt with in 30 days. Where appropriate, the Secretary General may give whatever directions to the board of man- agement that are considered necessary to remedy the matter complained of. Information relat- ing to Section 29 appeals is available on the Department’s website at www.education.ie

Departmental Expenditure. 439. Deputy Brian Hayes asked the Minister for Education and Science the cost in terms of wages and salaries for the provision of special needs assistants in the education service; if SNAs are paid when the school is on holidays; the expected savings to his Department if SNAs were to go on a part time basis; and if he will make a statement on the matter. [43495/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The estimated cost for the provision of special needs assistants in 2008 is \323.5 million. The breakdown is as follows: Primary \267 million; Post Primary \56.5 million. The purpose of the provision in this Department’s Estimates for special needs assistants is to meet the costs of salary, employer’s PRSI contributions, substitution and pensions for these staff members in primary and post-primary schools. The National Council for Special Education (NCSE), through the local Special Educational Needs Organisers (SENOs), is responsible for processing applications for special educational needs supports from primary and post primary schools. SNA support is provided specifically to address the care needs of pupils with special educational needs. The nature and level of support provided is based on the assessed needs of the individual child having regard to the criteria set out in my Department’s circulars. Posts are sanctioned on either a full or part-time basis depending on the assessed care needs of the pupils. Where part-time hours are allocated, special needs assistants work the appropriate hours and are paid pro-rata to their full-time counterparts. Full-time and part-time special needs assistants are paid for all school holidays apart from the summer holidays where payment is allowed in certain circumstances. Payment arrangements for special needs assistants for the summer vacation (July and August) are outlined in the following circular.

441 Questions— 2 December 2008. Written Answers

[Deputy Batt O’Keeffe.]

To the Management Authorities of Primary, Secondary, Community and Comprehensive Schools

Special Needs Assistants Payment Arrangements for July and August Annually

1. Introduction

1.1 The Minister for Education and Science wishes to advise management auth- orities and Special Needs Assistants (SNAs) of the payment arrangements for SNAs for July and August 2008 and subsequent years.

1.2 This Circular replaces Circular Pay 0011/2007 which issued in February, 2007.

2. Arrangements which will apply in July and August 2008

2.1 SNAs who are appointed on or before 07 January 2008, will be paid for the full duration of the 2008 summer holidays.

2.2 SNAs who commence employment on or after 08 January 2008, will be paid up to and including 12 July 2008 irrespective of the date the school closes. They will only be retained on the Department’s payroll for the full duration of the 2008 summer holidays if the school management authorities provide the Department’s Non Teaching Staff (NTS) Payroll with the following:

a) Documentary evidence from the SENO for the relevant post for the 2008/09 school year, and

b) confirmation that the SNA in question is returning to the post in September 2008.

3. Entitlement to Benefit from the Department of Social and Family Affairs

3.1 SNAs who are not in receipt of salary for the duration of the summer holidays, may have an entitlement to claim benefit from the Department of Social and Family Affairs for this period. SNAs should be advised to contact their local DSFA office for further advice in this regard.

4. Entitlement to Summer Pay from the 2008/09 school year onwards

4.1 SNAs appointed on or before the first school day following the Christmas break will be paid up to and including 31 August.

4.2 SNAs appointed on or after the second school day following the Christmas break will be paid up to and including 12 July.

4.3 The conditions which apply to the payment of salary from 13 July 2008, out- lined in Paragraph 2.2 of this Circular, will also apply from the 2008/09 school year onwards.

442 Questions— 2 December 2008. Written Answers

5. Non Resumption in September

5.1 Management authorities are reminded to inform the NTS Payroll of any SNAs, either full-time or part-time, who are not returning to their posts in September.

5.2 The form ‘Notification of Special Needs Assistant Leaving’ should be completed and sent to NTS Payroll before 01 August each year. This form can be down-loaded from the Department’s website www.education.ie – follow the links to Education Personnel/Special Needs Assistants.

6. Dissemination of Information

6.1 Management authorities are requested to bring the contents of this Circular to the attention of all SNAs in their schools, including those on maternity leave, sick leave etc. and also to the attention of the members of the Boards of Management.

6.2 This Circular should be retained for reference in the school and may also be accessed on this Department’s website at www.education.ie – follow the links to Education Personnel/Special Needs Assistants.

7. Queries on this Circular

7.1 If you have any query in relation to this circular please contact the NTS Payroll at 090 648 4136 or e-mail your query to sna—[email protected]

440. Deputy Brian Hayes asked the Minister for Education and Science the amount spent by his Department in each year over the past five years, including 2008, on the distribution of publications from his Department to schools, teachers, boards of management and others; and if he will make a statement on the matter. [43496/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The amount spent by my Department on the distribution of publications to schools etc. cannot be separated from the overall cost of postage including bulk postage issued from my Department. My Department’s total expenditure on bulk postage, which is the general means of distributing publications, for the years in question is as follows:

• 2004 — \1,313,203.75

• 2005 — \1,458,607.33

• 2006 — \1,652,104.16

• 2007 — \1,546,530.87

• 2008 — \1,553,803.54 (to end October)

These figures include the cost of posting a variety of materials to schools and teachers including payslips (approximately 2.1 million payslips are issued annually), publications, circulars etc. It should also be noted that my Department agrees on occasion to circulate relevant materials produced by other organisations to schools, the postage costs given above do not exclusively relate to material emanating from the Department.

443 Questions— 2 December 2008. Written Answers

[Deputy Batt O’Keeffe.]

My Department regularly reviews its postage arrangements with a view to achieving maximum value for money. In this regard, last year my Department introduced a system of regular bulk mailings to schools in order to avail of discounted rates and to minimise postal costs. In addition, the rollout of the Department’s Online Claims System, which enables schools to submit claims electronically to the Department, has resulted in a reduction in postage costs at both Department and school level of approximately \500,000 per annum. In a further effort to reduce the costs of printing and distribution of publications in 2009 it is now corporate policy within my Department that all publications will be web based and will only be printed and distributed by post in exceptional circumstances.

Schools Building Projects. 441. Deputy Jim O’Keeffe asked the Minister for Education and Science the timeframe for the appointment of a design team to initiate the architectural planning of the extension to a school (details supplied) in County Cork, authorisation for which was originally given on 24 April 2002; the reason no progress has been made in the meantime; and if he will make a statement on the matter. [43497/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The development of a building project for the school in question is at an early stage. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the further progression of the project at this time.

Schools Refurbishment. 442. Deputy Pat Breen asked the Minister for Education and Science, further to Parliamen- tary Question No. 1671 of 24 September 2008, the status of an application by a school (details supplied) in County Clare; and if he will make a statement on the matter. [43515/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The school in question submit- ted an application to my Department for emergency funding. Emergency works grants are made available to schools most in need of resources as a result of unforeseen emergencies of a capital nature that may arise during the school year. Following assessment of the application from this school and in light of the large number of projects seeking funding from my Department for works of this nature from the budget allo- cated, unfortunately, it was not possible to provide funding under the Emergency Works Scheme on this occasion for the works sought. The application was also not successful on appeal.

Educational Disadvantage. 443. Deputy Michael Noonan asked the Minister for Education and Science the impact on staffing levels the budget 2009 announcements on education will have on a DEIS school (details supplied) in County Limerick; the steps he will take to ensure that the work of this school on behalf of disadvantaged students continues in a satisfactory manner; and if he will make a statement on the matter. [43554/08]

444 Questions— 2 December 2008. Written Answers

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): The main focus of Social Inclusion measures, deployed by my Department to combat educational disadvantage, will be to target available resources in schools included in DEIS (the Action plan for Educational Disadvantage). This approach is in line with the broad thrust of the recommendations of the Comptroller and Auditor General which are set out in his report on Primary Disadvantage of 2006, which recommended that the Department should focus its educational disadvantage measures on those schools serving the most disadvantaged communi- ties. The measures and supports received by this school under the DEIS programme will not be affected by the recent Budget. Specific information in relation to the detailed staffing allocations that individual schools will have for the commencement of the academic year 2009/10 cannot be determined until the allocation processes have fully concluded. There is nothing exceptional in this. The allocation processes include appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. This is particularly relevant at post-primary level where the appellate process considers in particular any specific curricular needs of the school concerned. At post-primary there is no effective system wide redeployment scheme at present and this can mean that schools retain teachers, though over quota, and in addition discrete allocations are made to post-primary schools for example to cater for pupils with Special Edu- cational Needs and those with Language difficulties and these allocations can also alter the ultimate position of the school in relation to any over quota position. Schools are currently returning data to the Department of Education and Science in relation to their enrolment as of 30 September. The Department has commenced processing this data although all schools have not yet made their returns. The allocation processes including notifi- cation to schools will commence early in the New Year.

Distance Learning. 444. Deputy Ruairı´ Quinn asked the Minister for Education and Science the measures his Department is taking to increase the affordability and the number of third level distance learn- ing courses here; and if he will make a statement on the matter. [43558/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The Higher Education Auth- ority is currently conducting a review of Open and Distance Learning provision in Ireland. The Review will address: best practices internationally for the provision of Open and Distance Learning with regard to increasing lifelong learning participation; the extent to which lifelong learning participation is supported by current policies and funding frameworks; potential demand for Open and Distance Learning in Ireland; the views of higher education providers; the basis for a national strategy for Open and Distance Learning The future development of Open and Distance Learning in Ireland will have regard to the recommendations of the Review, which is expected to be finalised in the Spring.

School Staffing. 445. Deputy Mary Upton asked the Minister for Education and Science the changes following budget 2009 to the staffing levels of a school (details supplied) in Dublin 8; the reduction in the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43567/08]

449. Deputy Mary Upton asked the Minister for Education and Science the changes following budget 2009 to the staffing levels of a school (details supplied) in Dublin 10; the reduction in

445 Questions— 2 December 2008. Written Answers

[Deputy Mary Upton.] the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43571/08]

450. Deputy Mary Upton asked the Minister for Education and Science the changes following budget 2009 to the staffing levels of a school (details supplied) in Dublin 8; the reduction in the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43572/08]

452. Deputy Mary Upton asked the Minister for Education and Science the changes following budget 2009 to the staffing levels of a school (details supplied) in Dublin 12; the reduction in the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43574/08]

453. Deputy Mary Upton asked the Minister for Education and Science the changes following budget 2009 to the staffing levels of a school (details supplied) in Dublin 6w; the reduction in the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43575/08]

456. Deputy Mary Upton asked the Minister for Education and Science the changes following budget 2009 to the staffing levels of a school (details supplied) in Dublin 10; the reduction in the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43578/08]

457. Deputy Mary Upton asked the Minister for Education and Science the changes following budget 2009 to the staffing levels of a school (details supplied) in Dublin 6w; the reduction in the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43579/08]

458. Deputy Mary Upton asked the Minister for Education and Science the changes following budget 2009 to the staffing levels of a school (details supplied) in Dublin 8; the reduction in the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43580/08]

459. Deputy Mary Upton asked the Minister for Education and Science the changes following budget 2009 to the staffing levels of a school (details supplied) in Dublin 6w; the reduction in the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43581/08]

460. Deputy Mary Upton asked the Minister for Education and Science the changes following budget 2009 to the staffing levels of a school (details supplied) in Dublin 6w; the reduction in the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the

446 Questions— 2 December 2008. Written Answers educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43582/08]

461. Deputy Mary Upton asked the Minister for Education and Science the changes following budget 2009 to the staffing levels of a school (details supplied) in Dublin 8; the reduction in the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43583/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 445, 449, 450, 452, 453, 456 to 461, inclusive, together. The 2009 Budget required difficult choices to be made across all areas of public expenditure. These decisions were made to control public expenditure and to ensure sustainability in the long run. In this respect Education while protected to a much greater extent than most other areas of public expenditure could not be totally spared. The various impacts at school level were included in the Budget day announcements. Even with the budget measures in place there will still be a significantly increased borrowing requirement in 2009. My Department will be advising individual schools in the normal way in relation to their staffing and grant allocations. The preparatory work for this has commenced with the pro- cessing of enrolment data that has been received from schools. The staffing allocation processes including notification to schools will commence early in the New Year. The allocation process includes appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. In addition to the mainstream classroom teachers my Department also allocates teaching resources to schools for special needs and language support. The final allocation to a school is also a function of the operation of the redeployment panels which provide for the retention of a teacher in an existing school if a new post is not available within the agreed terms of the scheme. I have no difficulty in setting out for this House or for the public generally the overall changes on aggregate teacher numbers or on grant levels in schools for the 2009/10 school year. I will do this when the allocation processes have been completed. Furthermore the staffing schedule will be published and it is a transparent and clear way of ensuring that schools are treated consistently and fairly and know where they stand. At this time the priority for my Department within the resources available to it is to carry out those processes in a timely manner. Diverting resources in order to compile either historic information or to create staffing or funding profiles for all of the individual schools requested by the Deputy, information which at this time could only be speculative, could not be justified and would in fact impede the process.

446. Deputy Mary Upton asked the Minister for Education and Science the changes following Budget 2009 to the staffing levels of a school (details supplied) in Dublin 8; the reduction in the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43568/08]

447. Deputy Mary Upton asked the Minister for Education and Science the changes following Budget 2009 to the staffing levels of a school (details supplied) in Dublin 8; the reduction in the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43569/08]

447 Questions— 2 December 2008. Written Answers

448. Deputy Mary Upton asked the Minister for Education and Science the changes following Budget 2009 to the staffing levels of a school (details supplied) in Dublin 10; the reduction in the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43570/08]

451. Deputy Mary Upton asked the Minister for Education and Science the changes following Budget 2009 to the staffing levels of a school (details supplied) in Dublin 12; the reduction in the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43573/08]

454. Deputy Mary Upton asked the Minister for Education and Science the changes following Budget 2009 to the staffing levels of a school (details supplied) in Dublin 12; the reduction in the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43576/08]

455. Deputy Mary Upton asked the Minister for Education and Science the changes following Budget 2009 to the staffing levels of a school (details supplied) in Dublin 12; the reduction in the grants to the school for the forthcoming year vis-a`-vis the funding level in 2007-08; the educational schemes for which support has been cut for this school; and if he will make a statement on the matter. [43577/08]

474. Deputy Brian O’Shea asked the Minister for Education and Science the proposals he has to meet the problems which are being faced by a secondary school (details supplied) in County Waterford arising from the budget 2009 cuts in education; and if he will make a state- ment on the matter. [43627/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 446 to 448, inclusive, 451, 454, 455 and 474 together. The 2009 Budget required difficult choices to be made across all areas of public expenditure. These decisions were made to control public expenditure and to ensure sustainability in the long run. In this respect Education while protected to a much greater extent than most other areas of public expenditure could not be totally spared. The various impacts at school level were included in the Budget day announcements. Even with the Budget measures in place there will still be a significantly increased borrowing requirement in 2009. My Department will be advising individual schools in the normal way in relation to their staffing and grant allocations. The preparatory work for this has commenced with the pro- cessing of enrolment data that has been received from schools. The staffing allocation processes including notification to schools will commence early in the New Year. The allocation process includes appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. In addition to the mainstream classroom teachers my Department also allocates teaching resources to schools for special needs and language support. The final allocation to a school is also a function of the operation of the redeployment panels which provide for the retention of a teacher in an existing school if a new post is not available within the agreed terms of the scheme. I have no difficulty in setting out for this House or for the public generally the overall changes on aggregate teacher numbers or on grant levels in schools for the 2009/10 school year. I will do this when the allocation processes have been completed. Furthermore the staffing

448 Questions— 2 December 2008. Written Answers schedule will be published and it is a transparent and clear way of ensuring that schools are treated consistently and fairly and know where they stand. At this time the priority for my Department within the resources available to it is to carry out those processes in a timely manner. Diverting resources in order to compile either historic information or to create staffing or funding profiles for all of the individual schools requested by the Deputies, information which at this time could only be speculative, could not be justified and would in fact impede the process.

Questions Nos. 449 and 450 answered with Question No. 445.

Questions Nos. 452 and 453 answered with Question No. 445.

Questions Nos. 451, 454 and 455 answered with Question No. 446.

Questions Nos. 456 to 461, inclusive, answered with Question No. 445.

Schools Building Projects. 462. Deputy Mary Upton asked the Minister for Education and Science the status of the building programme for a school (details supplied) in Dublin 8; and if he will make a statement on the matter. [43584/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers has applied to my Department for large scale capital funding for an extension and refur- bishment project. The project is at an advanced stage of architectural planning. The progression of all major building projects, including this project, from initial design through to construction phase will be considered in the context of my Department’s multi- annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the further progression of the project at this time.

463. Deputy Mary Upton asked the Minister for Education and Science the status of the building programme for a school (details supplied) in Dublin 12; and if he will make a statement on the matter. [43585/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers has applied to my Department for large scale capital funding for an extension and refur- bishment project. The project is at an advanced stage of architectural planning. The progression of all major building projects, including this project, from initial design through to construction phase will be considered in the context of my Department’s multi- annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the further progression of the project at this time.

464. Deputy Mary Upton asked the Minister for Education and Science the status of the building programme for a school (details supplied) in Dublin 12; and if he will make a statement on the matter. [43586/08]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department has received an application for major capital funding from the school to which the Deputy refers.

449 Questions— 2 December 2008. Written Answers

[Deputy Batt O’Keeffe.]

The commencement and progression of all large scale building projects from initial design stage through to construction phase, including this project, will be considered in the context of my Department’s Multi-Annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of this project at this time.

465. Deputy Mary Upton asked the Minister for Education and Science the status of the building programme for a school (details supplied) in Dublin 6w; and if he will make a state- ment on the matter. [43587/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers is at an advanced stage of architectural planning. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Third Level Funding. 466. Deputy Brian O’Shea asked the Minister for Education and Science the amount of revenue funding allocated to each of the universities and each of the institutes of technology in 2008 and in each of the previous five years; and if he will make a statement on the matter. [43588/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The information requested by the Deputy for the years 2003 to 2007 is contained in the tables. The recurrent grant breakdown per institution for 2008 is not yet available pending end of year allocations by the Higher Education Authority (HEA) who is responsible for the disbursement of funding to the HEA institutions. I will arrange to forward the information concerned to the Deputy as soon as possible.

Recurrent funding to Universities

2003 2004 2005 2006 2007 University Recurrent Recurrent Recurrent Recurrent Recurrent Grant inc. Grant inc. Grant inc. Grant inc. Grant inc. Free Fees Free Fees Free Fees Free Fees Free Fees

\000’s \000’s \000’s \000’s \000’s University College Dublin 153,561 152,592 158,837 179,032 179,164 University College Cork 99,710 100,938 108,271 123,977 127,081 National University of Ireland Galway 76,611 77,125 83,375 96,423 103,838 National University of Ireland Maynooth 36,722 37,355 41,402 47,508 48,426 Trinity College Dublin 108,946 107,784 114,362 127,751 131,503 Dublin City University 62,461 63,817 66,340 70,699 73,738 University of Limerick 74,771 75,153 81,640 91,414 96,995

Totals 612,782 614,764 654,227 736,804 760,745 Notes DCU includes St. Patricks College, Drumcondra & Mater Dei. UL includes Mary Immaculate College, Limerick.

450 Questions— 2 December 2008. Written Answers

Recurrent Funding to Institutes of Technology

Institute 2003 2004 2005 2006 2007 incl free incl free incl free incl free incl free fees fees fees fees fees

\ 000’s \ 000’s \ 000’s \ 000’s \ 000’s

Athlone Institute of Technology 21,526 22,904 24,617 26,520 27,944 Institute of Technology, Blanchardstown 9,666 10,627 10,995 12,548 13,439 Institute of Technology, Carlow 19,171 14,812 21,769 22,716 24,420 Cork Institute of Technology 53,248 55,476 56,722 61,923 62,328 Dublin Institute of Technology 112,618 120,156 123,204 126,267 133,717 Dundalk Institute of Technology 21,129 22,000 23,772 26,229 27,166 Dun Laoghaire Institute of Art, Design & 11,846 10,387 13,003 14,318 14,917 Technology Galway-Mayo Institute of Technology 33,776 35,273 39,002 40,940 42,822 Letterkenny Institute of Technology 15,167 16,265 17,352 28,466 18,238 Limerick Institute of Technology 22,724 23,385 26,351 28,203 30,307 Institute of Technology, Sligo 21,954 23,743 25,652 23,433 29,310 Institute of Technology, Tallaght 18,869 19,771 22,163 20,791 24,801 Institute of Technology Tralee 20,029 20,832 22,919 9,897 23,222 Waterford Institute of Technology 35,911 38,798 42,420 45,551 48,651 Tourism College, Killybegs 2,401 2,813 3,033 3,223 3,572

Totals 420,035 437,242 472,974 491,025 524,854

Pupil-Teacher Ratio. 467. Deputy Bobby Aylward asked the Minister for Education and Science the average number of pupil-teacher ratios in both national and secondary schools in County Kilkenny. [43589/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The 2009 Budget required diffi- cult choices to be made across all areas of public expenditure. These decisions were made to control public expenditure and to ensure sustainability in the long run. In this respect Education while protected to a much greater extent than most other areas of public expenditure could not be totally spared. The various impacts at school level were included in the Budget day announcements. Even with the budget measures in place there will still be a significantly increased borrowing requirement in 2009. In terms of the position in respect of any one school for September 2009 my Department has commenced processing enrolment data that has been received from schools. The allocation processes including notification to schools will commence early in the New Year. The allocation process includes appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. The final allocation to a school is also a function of the operation of the redeployment panels which provide for the retention of a teacher in an existing school if a new post is not available within the agreed terms of the scheme. The appellate process is particularly relevant at post-primary level where any specific curricu- lar needs of the school concerned are considered. Also at post-primary there is no effective system wide redeployment scheme at present and this can mean that schools retain teachers, though over quota. 451 Questions— 2 December 2008. Written Answers

[Deputy Batt O’Keeffe.]

I have no difficulty in setting out for this House or for the public generally the overall changes on aggregate teacher numbers in schools for the 2009/10 school year. I will do this when the allocation processes have been completed. Furthermore the staffing schedule will be published and it is a transparent and clear way of ensuring that schools are treated consistently and fairly and know where they stand. At this time the priority for my Department within the resources available to it is to carry out those processes in a timely manner. Diverting resources in order to create staffing profiles for all of the individual schools requested by the Deputy, information which at this time could only be speculative, could not be justified and would in fact impede the process.

School Staffing. 468. Deputy Bobby Aylward asked the Minister for Education and Science the number of days uncertified leave taken by teachers in both national and secondary schools in County Kilkenny to date in the 2008-09 school year; and the cost to his Department to provide substi- tute teachers for that period of leave. [43590/08]

Minister for Education and Science (Deputy Batt O’Keeffe): In the 2008/2009 school year the managerial authorities of primary schools in Co. Kilkenny have recorded that teachers employed in their schools have taken 765 uncertified sick leave days. In the secondary and community/comprehensive schools 173 uncertified sick leave days have been taken. The estimated cost of the uncertified sick leave for the primary teachers is \158,000 and \38,000 for the teachers in the secondary and community/comprehensive schools.

Schools Refurbishment. 469. Deputy Bobby Aylward asked the Minister for Education and Science when his Depart- ment will implement the summer works scheme; and when schools can make an application under this scheme. [43591/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Since the Summer Works Scheme was introduced, over 3,000 projects, costing in excess of \300 million, have been com- pleted. With so many smaller projects having been completed over the past few years, the particular emphasis in 2008 has been on providing sufficient school places in developing areas, while also delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. Accordingly my Department has focused on delivering as many large projects as possible in 2008 and funding was not made available for a Summer Works Scheme this year. However, I recognise the benefits of the scheme in addressing the needs of schools and I have previously informed the house of my intention to have a Summer Works Scheme in 2009. The details of the operation of the scheme in 2009 and the level of funding to be made available under the scheme in 2009 are currently being considered. The Professional and Technical Reports provided by schools for 2008 can be used again for future projects so that schools will not be at the loss of expenditure on them.

470. Deputy Joe Carey asked the Minister for Education and Science the status of the appli- cation of a school (details supplied) in County Clare; and if he will make a statement on the matter. [43605/08]

452 Questions— 2 December 2008. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): The school referred to by the Deputy applied for a grant of \13,000 to enhance its outdoor play facilities under the Dormant Accounts / RAPID Leverage Fund Small Scale Capital Grant Scheme for Disadvantaged Schools. The school was proposing to develop a playground and all weather pitch at a cost in excess of \500,000. One of the terms and conditions of the scheme is that proposed projects must be carried out within the confines of the school’s vested site. During the assessment process, the Department was advised by the school that the proposed project was to be developed on parish lands, which were not part of the school site. On 12 July 2007, the Department wrote to the principal and the chairperson of the board of management of the school to advise them that their application for funding had not been recommended for approval on the basis that the location for the proposed development was not part of the school’s vested site.

School Placement. 471. Deputy Fergus O’Dowd asked the Minister for Education and Science the reason a second level school place has not been offered to a person (details supplied) in County Louth; and if he will make a statement on the matter. [43606/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The question of enrolment in individual schools is the responsibility of the managerial authority of those schools and the Department does not seek to intervene in decisions made by schools in such matters. The Department’s main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking places. This may result, however, in some pupils not obtaining a place in the school of their first choice. It is the responsibility of the managerial authorities of schools to implement an enrolment policy in accordance with the Education Act. In this regard a Board of Management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion. 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. In 1993, the Department issued a circular (M 51/93) to post-primary schools, advising of a memorandum of agreement between the Department and the post-primary schools managerial association, that selection for the purposes of enrolment based on academic ability should be discontinued. 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 right of parents to send their children to a school of the parents choice are respected. Section 29 of the Education Act 1998, provides parents with an appeal process where a Board of Management of a school or a person acting on behalf of the Board refuses enrolment to a student. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of Education Act 1998 to appeal that decision to either the relevant Vocational Educational Committee or to the Secretary General of my Department. In the case of the latter, only where an appeal under Section 29 is upheld can the Secretary General of my Department direct a school to enrol a pupil. The National Educational Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The NEWB

453 Questions— 2 December 2008. Written Answers

[Deputy Batt O’Keeffe.] advises parents to apply to more than one school in order to assist in securing a school place- ment. The Board can be contacted at National Educational Welfare Board, National Head- quarters, 16-22 Green Street, Dublin 7 or by telephone at 01-8738700.

Grant Payments. 472. Deputy Denis Naughten asked the Minister for Education and Science if further to correspondence (details supplied), he will confirm that rent allowance is considered reckonable income; and if he will make a statement on the matter. [43611/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Rent allowance is included in the calculation of reckonable income for grant purposes.

School Transport. 473. Deputy Denis Naughten asked the Minister for Education and Science if further to correspondence (details supplied) he will confirm that the rules state that eligibility is to the nearest suitable school and in view of the fact that the nearest school cannot physically cater for the pupil, this can then be determined as suitable; if he will review this decision in view of the fact that physically disabled children are not deemed ineligible if the nearest school is unable to cater for the child’s needs and a similar situation arises if the child wishes to be taught through the medium of Irish when the nearest school does not provide this facility; and if he will make a statement on the matter. [43614/08]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): The pupil referred to by the Deputy, in the details supplied, is not eligible for transport as he resides less than 3.2 kilometres from his nearest school. Furthermore, there is no provision under the terms of the school transport scheme to provide transport in the circumstances outlined by the Deputy. In order to be eligible for transport, under the terms of the Primary School Transport Scheme, pupils must reside 3.2 kilometres or more from, and be attending their nearest primary school or Gaelscoil as determined by my Department. The distance criteria does not apply to pupils with a diagnosed disability and/or special educational need. These pupils are eligible for transport to the nearest recognised: mainstream school, special class/special school or a unit, that is or can be resourced, to meet the child’s special educational needs under Department of Education and Science criteria.

Question No. 474 answered with Question No. 446.

School Staffing. 475. Deputy Brian O’Shea asked the Minister for Education and Science the proposals he has to address the problems that will arise for a primary school (details supplied) in County Waterford resulting from the budget 2009 cutbacks; and if he will make a statement on the matter. [43628/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The 2009 Budget required diffi- cult choices to be made across all areas of public expenditure. Decisions were made in order to control expenditure and to ensure sustainability in the long term. In this respect my Depart- ment, while protected to a much greater extent than most other areas of public expenditure, could not be entirely spared, and I acknowledge the impact of funding restrictions in a number of areas, including at school level. However, these are the inevitable result of the challenging

454 Questions— 2 December 2008. Written Answers economic environment and the need to manage Exchequer resources prudently. These decisions included increasing the pupil teacher ratio across all second-level schools from 18:1 to 19:1. In the case of fee-charging post-primary schools, there will be an additional one-point adjustment to 20:1. As the processing of the September 2008 enrolment returns for post-primary schools are not yet finalised, it is not possible at this time to state the impact the changes will have on the allocation of mainstream teaching posts for the 2009/10 school year for the school in question. The staffing schedule for the 2009/10 school year will issue to all schools as soon as possible, and at that time, a more accurate indication of the mainstream staffing levels will be available. The allocation processes include appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. This is particularly relevant at post-primary level where the appellate process considers in particular any specific curricular needs of the school concerned. At post-primary there is no effective system wide redeployment scheme at present and this can mean that schools retain teachers, though over quota, and in addition discrete allocations are made to post-primary schools for example to cater for pupils with Special Educational Needs and those with Language difficulties and these allocations can also alter the ultimate position of the school in relation to any over quota position. My Department is aware of funding pressures on schools. However, progress has been made in recent years that has seen the post-primary school capitation grant increased by \15 per pupil and now amounts to \331 per pupil. In addition, voluntary secondary schools have benefited by the increase of \15 per pupil in 2008 in the support services grant bringing that grant to \204 per pupil. The cumulative increase of \30 per pupil in a voluntary secondary school brings the aggregate grant to \535 per pupil. These grants are in addition to the per capita funding of up to 40,000 per school that is also provided by my Department to secondary schools towards secretarial and caretaking services.

Departmental Expenditure. 476. Deputy Dara Calleary asked the Minister for Education and Science the estimated cost to his Department of in-service training for teachers at post primary level for 2009 and 2010. [43749/08]

477. Deputy Dara Calleary asked the Minister for Education and Science the estimated cost to his Department of in-service training for teachers at primary level for 2009 and 2010. [43750/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 476 and 477 together. The budgets in 2009 for the individual programmes that provide continuous professional development (CPD) for teachers are currently being finalised so the breakdown between primary and post primary is not yet available. However, I can inform the Deputy that the current allocation in the 2009 AEV for Subhead B.6 of my Department’s Vote — In Career Development — amounts to \28.772m. As the B.06 subhead is not a multi annual budget, I am not in a position to advise the Deputy of the allocation for 2010.

Library Services. 478. Deputy John Deasy asked the Minister for Education and Science if his attention has

455 Questions— 2 December 2008. Written Answers

[Deputy John Deasy.] been drawn to the fact that the withdrawal by him of a grant to a service (details supplied) in County Waterford will result in that service being discontinued in 2009 and that this mobile service provides the only access to a library service by pupils in most primary schools in County Waterford; if he will reconsider his decision to withdraw this grant in view of the consequences it will have; and if he will make a statement on the matter. [43753/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Notwithstanding the increase of \302 million in the Education budget for 2009, which is a real achievement in the current economic climate, a number of tough and difficult decisions had to be taken. These decisions included the decision to discontinue the funding that my Department made available to local authorities to support school library services. The amount of the grant payable to each local authority was based on the number of pupils in the relevant area and amounted to \4.52 per pupil. There will be no direct impact on the funding of individual schools as a result of the decision to discontinue this grant to local auth- orities. The indirect impacts of this measure in individual library areas will be a matter to be determined by each local authority in the context of its overall resources and the services it provides. The priority of this budget was to provide as much as was possible of available resources to direct funding to schools and it was not possible in this context to continue to provide money to the local authorities to support school library services.

School Accommodation. 479. Deputy John Deasy asked the Minister for Education and Science the cost per year of providing prefabricated buildings for the past ten years at all schools in County Waterford; and if he will make a statement on the matter. [43754/08]

480. Deputy John Deasy asked the Minister for Education and Science the cost per year of providing prefabricated buildings for the past 10 years at all schools nationally; and if he will make a statement on the matter. [43755/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 479 and 480 together. The details sought by the Deputy in relation to the cost of providing prefabricated buildings in County Waterford are not readily available but I will arrange to have them forwarded to him as soon as possible. The cost of providing this type of building nationally for the last 8 years, the period available, is included in the attached statement. The amount spent on renting temporary accommodation, including — but not limited to — prefabricated accommodation in the last 8 years is as follows:

• 2007: \35.5m (5.49% of total spend of \647m on school buildings);

• 2006: \24.5m (4.95% of total spend of \495m);

• 2005: \15.7m (3.1% of total spend of \501m);

• 2004: \11.3m (3.4% of total spend of 333m);

• 2003: \9.4m (2.9% of total spend of \327m);

• 2002: \8.4m (2.4% of total spend of \344m);

456 Questions— 2 December 2008. Written Answers

• 2001: \6.1m (1.9% of total spend of \318m);

• 2000: \4m (1.6% of total spend of \258m).

Expenditure on purchasing temporary accommodation in the last 8 years, has been as follows:

• 2007: \4.3m (0.66% of total spend of 647m on school buildings);

• 2006: \3.5m (0.7% of total spend of \495m);

• 2005: \6.5m (1.3% of total spend of \501m);

• 2004: \12.7m (3.8% of total spend of 333m);

• 2003: \25.8m (7.9% of total spend of \327m);

• 2002: \21.5m (6.25% of total spend of \344m);

• 2001: \9.1m (2.9% of total spend of \318m);

• 2000: \4.4m (1.7% of total spend of \258m).

School Staffing. 481. Deputy John Deasy asked the Minister for Education and Science if his attention has been drawn to the fact that the withdrawal of substitute cover for teachers on uncertified sick leave will have particularly acute consequences for small schools in view of the fact that such schools neither will have another teacher available nor will be in a position to split classes; if he will exempt such schools from this measure; and if he will make a statement on the matter. [43759/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Notwithstanding the increase of \302 million in the Education budget for 2009, in making the announcement of the Budget measures for education, I stressed that tough choices had to be made in meeting the needs of the education sector in these difficult times. The resources available to the Department have meant that these choices have been very challenging. The decision made to suspend the substi- tution cover for uncertified sick leave in primary and second level schools was a difficult one. The supervision / substitution scheme will continue to operate without any changes and teachers who agree to participate will continue to receive an annual payment of \1,789 in addition to their normal salary. I am aware that from January the changes regarding substitution will present particular challenges for school managers but I felt that suspending part of the improvements made in 2003 to the substitution scheme was preferable to impacting more significantly on teacher numbers. As we manage through this difficult period I am asking teachers in all schools to co-operate fully with school managers in coping with this change in the interest of the students. I am also requesting the school managerial bodies to ensure that the supervision / substitution scheme is operated with maximum effectiveness in all schools.

Pupil-Teacher Ratio. 482. Deputy John Deasy asked the Minister for Education and Science if he will examine the situation of a school (details supplied) in County Waterford; if his attention has been drawn to the fact that this school will lose one of its four teachers because it has 80 pupils on roll in

457 Questions— 2 December 2008. Written Answers

[Deputy John Deasy.] September 2008 and that the school currently has 82 pupils on roll and will have at least 81 in September 2009; if he will reconsider the decision to reduce the number of teachers approved for the school; and if he will make a statement on the matter. [43763/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The 2009 Budget required diffi- cult choices to be made across all areas of public expenditure. These decisions were made to control public expenditure and to ensure sustainability in the long run. In this respect Education while protected to a much greater extent than most other areas of public expenditure could not be totally spared. The various impacts at school level were included in the Budget day announcements. Even with the Budget measures in place there will still be a significantly increased borrowing requirement in 2009. My Department will be advising individual schools in the normal way in relation to their staffing allocations. The staffing schedule will be published and it is a transparent and clear way of ensuring that schools are treated consistently and fairly and know where they stand. The preparatory work for the staffing allocations has commenced with the processing of enrol- ment data that has been received from schools. The staffing allocation processes including notification to schools will commence early in the New Year. The allocation process includes appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. The final allocation to a school is also a function of the operation of the redeployment panels which provide for the retention of a teacher in an existing school if a new post is not available within the agreed terms of the scheme. I have no difficulty in setting out for this House or for the public generally the overall net impact of the budget measures on aggregate teacher numbers in schools for the 2009/10 school year. I will do this when the allocation process has been completed. At this time the priority for my Department within the resources available to it is to carry out those processes in a timely manner. Diverting resources in order to create staffing profiles for the school referred to by the Deputy, information which at this time could only be speculat- ive, could not be justified and would in fact impede the process.

School Curriculum. 483. Deputy Michael Ring asked the Minister for Education and Science if he will respond to a query that has twice been sent to him directly (details supplied). [43778/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I have arranged for an official from my Department to contact the Deputy directly in relation to this matter.

Schools Building Projects. 484. Deputy John Deasy asked the Minister for Education and Science the cost per year of providing prefabricated buildings for the past ten years at a school (details supplied) in County Waterford; and if he will make a statement on the matter. [43779/08]

485. Deputy John Deasy asked the Minister for Education and Science when a design team will be appointed and plans drawn up in respect of a permanent building for a school (details supplied) in County Waterford; and if he will make a statement on the matter. [43780/08]

486. Deputy John Deasy asked the Minister for Education and Science the band rating in regard to prioritisation criteria of the application in respect of a permanent building for a

458 Questions— 2 December 2008. Written Answers school (details supplied) in County Waterford; and if he will make a statement on the matter. [43781/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 484 to 486, inclusive, together. The information sought by the Deputy in relation to the cost per year of providing prefabri- cated buildings for the past 10 years at the school to which he refers is being compiled and will be forwarded to the Deputy as soon as possible. All applications for large scale capital funding are assessed against published prioritisation criteria which were formulated following consultation with the Education Partners. Under the criteria, each project is assigned a Band Rating which reflects the type of works required and the urgency attaching to them. There are four Band Ratings in all with Band 1 being the highest and Band 4 the lowest. A Band 2.2 rating has been assigned to the project in question. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

School Accommodation. 487. Deputy John Deasy asked the Minister for Education and Science if his attention has been drawn to the fact that no permanent structures to accommodate school pupils have been built in Tramore, County Waterford since 1982, in spite of the fact that the town has been identified by his Department as an area of rapid development; if he plans to develop an overall strategy to address the permanent accommodation needs of all schools in Tramore; when such a strategy will be published; and if he will make a statement on the matter. [43782/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Since 2004 my Department has provided funding under the Summer Works Scheme and/or Emergency Works Grant for Stella Maris, the CBS, Holy Cross NS and Glo´ r na Mara NS in Tramore. This funding has enabled these schools to carry out works such as windows replacement, heating systems/pipes, ramps, replacement of water tank and girders, and fire alarm. Applications for major extensions are planned for Holy Cross National School and Glo´ rna Mara National School. The building project for Holy Cross National School is currently at Stage 2b (detailed design) whereas the proposed building project for Glo´ r na Mara National School is at an early stage of architectural planning. An application for capital funding towards the provision of a new school for Gaelscoil Philib Baru´ n has been assessed and the long-term projected staffing figure on which accommodation needs will be based has been determined and notified to the school. My Department announced a Public Private Partnership Programme in 2005 which included a project for Tramore consisting of a new school to provide 1,000 pupil places for the amalga- mation of CBS Tramore & Stella Maris. As an interim measure while the schools in Tramore are awaiting their extensions/new build- ings my Department has sanctioned the rental/purchase of temporary accommodation. The progression of all large scale building projects from initial design stage through to tender and construction, including the projects in Tramore will be considered on an on-going basis in the context of my Department’s Multi-Annual School Building and Modernisation Programme.

459 Questions— 2 December 2008. Written Answers

[Deputy Batt O’Keeffe.] In light of current competing demands on my Department’s capital budget, it is not possible to give an indicative timeframe for the further progression of these projects at this time.

Schools Building Projects. 488. Deputy Emmet Stagg asked the Minister for Education and Science if he will sanction the invitation of tenders for a school (details supplied) in County Kildare. [43801/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to advise that the tender documents for the school in question have been reviewed. Notification of approval and requirements for proceeding to tender issued on 27 November.

School Staffing. 489. Deputy John Perry asked the Minister for Education and Science the impact the cut- backs in education will have on the staffing levels in a school (details supplied) in County Sligo, including all full-time and part-time teaching posts; the teacher numbers in this school from September 2009; and if he will make a statement on the matter. [43828/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The 2009 Budget required diffi- cult choices to be made across all areas of public expenditure. These decisions were made to control public expenditure and to ensure sustainability in the long run. In this respect Education while protected to a much greater extent than most other areas of public expenditure could not be totally spared. The various impacts at school level were included in the Budget day announcements. Even with the budget measures in place there will still be a significantly increased borrowing requirement in 2009. My Department will be advising individual schools in the normal way in relation to their staffing allocations. The staffing schedule will be published and it is a transparent and clear way of ensuring that schools are treated consistently and fairly and know where they stand. The preparatory work for the staffing allocations has commenced with the processing of enrol- ment data that has been received from schools. The staffing allocation processes including notification to schools will commence early in the New Year. The allocation process includes appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. The final allocation to a school is also a function of the operation of the redeployment panels which provide for the retention of a teacher in an existing school if a new post is not available within the agreed terms of the scheme. I have no difficulty in setting out for this House or for the public generally the overall net impact of the budget measures on aggregate teacher numbers in schools for the 2009/10 school year. I will do this when the allocation process has been completed. At this time the priority for my Department within the resources available to it is to carry out those processes in a timely manner. Diverting resources in order to create staffing profiles for the school referred to by the Deputy, information which at this time could only be speculat- ive, could not be justified and would in fact impede the process.

Schools Recognition. 490. Deputy Richard Bruton asked the Minister for Education and Science the criteria for granting permanent recognition to a school; the criteria a school (details supplied) must fulfil; and if he will make a statement on the matter. [43847/08]

460 Questions— 2 December 2008. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers commenced operation in September 2002 with provisional recognition from my Depart- ment on the basis that it would be providing multi-denominational education in the Clontarf/Marino/Fairview area of Dublin. Its current location in Glasnevin, which is already served by two multi-denominational schools, was intended to be a purely temporary measure. It is my Department’s intention ultimately to locate the school in a more appropriate location if and when suitable accommodation becomes available and subject to the availability of fund- ing. When this happens, the Department will review the question of permanent recognition.

Site Acquisitions. 491. Deputy Richard Bruton asked the Minister for Education and Science the date on which a decision to acquire a site for a school (details supplied) was made; the action which has been taken since that decision was made; the reduction in the capital allocation for 2008 and 2009 which has been imposed since that decision was made; and the criteria against which it was decided that this project no longer had sufficient priority to be included. [43848/08]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department requested the Office of Public Works to identify a suitable site for the school in question in September 2007. The Deputy will appreciate that the acquisition of a site has to be considered in the context of the capital budget available to my Department for school buildings generally. In light of current competing demands on the capital budget of my Department it is not possible to give an indicative timeframe for the acquisition of the school site at this time. In relation to the prioritisation of projects the Deputy may be aware projects are selected for inclusion in the School Building and Modernisation Programme on the basis of priority of need. This is reflected in the band rating assigned to a project which indicates the urgency, type and extent of work required at a school. The Band Rating system involves all applications for capital funding being assessed in the Planning and Building Unit of my Department. The assessment process determines the extent and type of need presenting, based on the demographics of an area, proposed housing devel- opments, condition of buildings, site capacity etc. leading ultimately to an appropriate accom- modation solution. As part of this process, a project is assigned a band rating under published prioritisation criteria for large scale building projects. These criteria were devised following consultation with the Education Partners. This project has a Band Rating of 2.2.

Special Educational Needs. 492. Deputy John O’Mahony asked the Minister for Education and Science his plans to make provision for a child (details supplied) in County Mayo at a school in September 2009; and if he will make a statement on the matter. [43858/08]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and special needs assistants to schools to support children with special needs. The NCSE operates within my Department’s criteria in allocating such support. I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child’s special educational needs, using the contact details available on www.ncse.ie.

461 Questions— 2 December 2008. Written Answers

Road Safety. 493. Deputy Bernard J. Durkan asked the Minister for Education and Science when road markings will be undertaken by his Department as per planning conditions on foot of grant of permission to a school (details supplied) in County Kildare; if he will provide an assurance that this matter will be concluded at an early date; and if he will make a statement on the matter. [43859/08]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department is currently awaiting further information from its consultant architect with regard to the outstanding issues at the school referred to by the Deputy. This matter will be considered further as soon as this information is received.

Higher Education Grants. 494. Deputy Bernard J. Durkan asked the Minister for Education and Science if a person (details supplied) in Dublin 15 qualifies for a higher education grant; and if he will make a statement on the matter. [43860/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The decision on eligibility for student maintenance grants is a matter for the relevant assessing authority, either the local authority or VEC, as appropriate. These bodies do not refer individual applications to my Department, except in exceptional circumstances. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of maintenance grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC and remains of the view that the body has not interpreted the schemes correctly in his/her case, an appeal form outlining the position may be submitted by the appli- cant to my Department.

Schools Building Projects. 495. Deputy Seymour Crawford asked the Minister for Education and Science the position regarding a school (details supplied); his views on whether this is the proper structure with leaking roofs, no hot water and inadequate sewerage systems in which to educate the children; and if he will make a statement on the matter. [43874/08]

Minister for Education and Science (Deputy Batt O’Keeffe): An application for an extension has been received from the school referred to by the Deputy and an assessment of the long term needs of the school has been concluded. The commencement and progression of all large scale building projects from initial design stage through to construction phase, including this project, will be considered in the context of my Department’s Multi-Annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Disadvantaged Status. 496. Deputy Brian Hayes asked the Minister for Education and Science the difference in funding, each school (details supplied) in Dublin 1, 7, and 9 will receive under the DEIS

462 Questions— 2 December 2008. Written Answers programme in 2009, compared to 2007 and 2008 in tabular form; and if he will make a statement on the matter. [43876/08]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): All of the schools referred to by the Deputy are included in the DEIS programme and will continue to be following Budget 2009. DEIS (Delivering Equality of Opportunity in Schools), the action plan for educational inclusion, is being rolled out on a phased basis over the period 2005-10, and focuses on address- ing the educational needs of children and young people from disadvantaged communities, from pre-school through second-level education (3 to 18 years). The action plan provides for a standardised system for identifying levels of disadvantage and a new integrated School Support Programme (SSP). It brings together, and builds upon, a number of existing interventions in schools with a concentrated level of disadvantage. There are 876 schools in DEIS. These comprise 673 primary schools and 203 second-level schools. DEIS provides various supports for both primary and post primary schools which include additional financial supports which take account of schools’ levels of disadvantage and enrolments. In respect of the 2006/2007 and 2007/2008 school years, grants amounting to \11.8 million and \13.6 million have issued to the 873 primary and second level schools included in the DEIS programme. For the current school year, 2008/2009, grants amounting to \10.5 million have issued to the 673 primary schools in the programme and arrangements are currently being made to issue in the region of \3.5 million to the 203 second level schools identified for inclusion in the programme. The Deputy should be aware that it is not the practice of my Department to publish the resources provided to individual schools without the consent of the schools in question.

Health and Safety Issues. 497. Deputy Michael McGrath asked the Minister for Education and Science the procedures in place to ensure electrical safety in primary and post-primary schools here; if regular inspec- tions are carried out by appropriate contractors; and the body responsible for arranging these inspections. [43878/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Individual school authorities are responsible, in the first instance, for ensuring the safety and welfare of children and others in their care. In this regard, in accordance with the Safety, Health and Welfare at Work Act 1989, it is the responsibility of school management authorities to have a safety statement in place in their schools. Schools are obliged to identify possible hazards, assess the risks to health and safety and to put appropriate safeguards in place. Provision is built into the School Building Programme to enable schools to address urgent health and safety problems. Primary schools are given an annual allocation, currently amount- ing to \5,500 plus \18.50 per pupil under the grant scheme for minor works which can be used entirely at the discretion of school management to address basic health and safety issues relat- ing to school infrastructure. In addition, the Summer Works Scheme was introduced during 2004. This Scheme provides capital grants for improvement works at primary and post-primary schools. Since it was intro-

463 Questions— 2 December 2008. Written Answers

[Deputy Batt O’Keeffe.] duced, over 3,000 projects, costing in excess of \300 million have been completed. While it was not possible to have a Summer Works Scheme in 2008, there will be a Scheme in 2009. My Department also sets aside a contingency sum each year to deal with emergency works in primary and post-primary schools, including health and safety works.

Pupil-Teacher Ratio. 498. Deputy Denis Naughten asked the Minister for Education and Science the impact of the budget 2009 cuts on smaller rural schools and on pupil-teacher ratio in larger primary schools; and if he will make a statement on the matter. [43909/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The 2009 Budget required diffi- cult choices to be made across all areas of public expenditure. These decisions were made to control public expenditure and to ensure sustainability in the long run. In this respect Education while protected to a much greater extent than most other areas of public expenditure could not be totally spared. The various impacts at school level were included in the Budget day announcements. Even with the budget measures in place there will still be a significantly increased borrowing requirement in 2009. My Department will be advising individual schools in the normal way in relation to their staffing and grant allocations. The preparatory work for this has commenced with the pro- cessing of enrolment data that has been received from schools. The staffing allocation processes including notification to schools will commence early in the New Year. The allocation process includes appellate mechanisms under which schools can appeal against the allocation due to them under the staffing schedules. In addition to the mainstream classroom teachers my Department also allocates teaching resources to schools for special needs and language support. The final allocation to a school is also a function of the operation of the redeployment panels which provide for the retention of a teacher in an existing school if a new post is not available within the agreed terms of the scheme. I have no difficulty in setting out for this House or for the public generally the overall changes on aggregate teacher numbers or on grant levels in schools for the 2009/10 school year. I will do this when the allocation processes have been completed. Furthermore the staffing schedule will be published and it is a transparent and clear way of ensuring that schools are treated consistently and fairly and know where they stand. At this time the priority for my Department within the resources available to it is to carry out those processes in a timely manner. Diverting resources in order to compile such information as requested by the Deputy, information which at this time could only be speculative, could not be justified and would in fact impede the process.

School Staffing. 499. Deputy Denis Naughten asked the Minister for Education and Science the projected number for specifically trained language support teachers in the primary and post-primary system from September 2009; the number of projected posts in each sector from September 2009; the conclusions of the review of the language support scheme; and if he will make a statement on the matter. [43910/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The budget measures will mean that the level of language support will be reduced from a maximum of six extra teachers per school to a maximum of two teachers per school, as was the case before 2007.

464 Questions— 2 December 2008. Written Answers

Nonetheless, schools that require language support will still be entitled to get it. We still envisage having over 1,400 language support teachers in our schools in September 2009 and up to about 500 other teachers in part-time posts. By any standards this is a very significant resource and the challenge will be to ensure that it is used to maximum effect. As I announced on budget day we will also provide for some alleviation for the position of those schools where there is a significant concentration of newcomer pupils as a proportion of the overall enrolment. This will be done on a case by case basis. The allocation process for language support teachers is an annual one and existing provision is not rolled over automatically. Schools will be applying afresh in the spring and early summer of 2009 for the 2009/10 school year, based on their assessment of the prospective needs of existing pupils and any new pupils they are enrolling. The position for individual schools will become clear at that stage. Moreover, OECD research in this field (PISA 2006) shows that Ireland is the OECD country with the highest distribution of newcomers across schools meaning that schools with higher concentrations of newcomer children are relatively unusual. ESRI data also shows that only a small percentage of schools have high concentrations of newcomer children. I realise that standards are not simply achieved by supplying teaching resources and that the quality of the supports that the child receives and the inclusive atmosphere cultivated in schools are important factors influencing the quality of learning achieved by migrant children. My Department recognises that we must monitor and review the educational experiences that are provided to migrant students so that we can improve the quality and effectiveness of our provision. The Department is undertaking a range of research to consider the question of integration in schools and how best to deploy our resources to ensure that all the children in our schools can benefit from learning in an intercultural Ireland. My Department is providing support and training for teachers of English as an additional language in the current school year. A dedicated team within the Primary Professional Development Service (PPDS) is in place for the provision of support at primary level and the first of days of training is currently ongoing. Design and provision of the second day will take place in early 2009. At post primary level, the Second Level Support Service (SLSS) have identified members of their team to provide training and support for teachers of English as an additional language. The training has been designed and will be rolled out in early 2009.

Special Educational Needs. 500. Deputy Thomas Byrne asked the Minister for Education and Science the position regarding the decision on the allocation of a special needs assistant to a child (details supplied) in County Meath; and if this child is entitled to additional SNA support from the National Council for Special Education. [43922/08]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers, for allocating resource teachers and special needs assistants to schools to support children with special needs. The NCSE operates within my Department’s criteria in allocating such support. I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child’s special educational needs, using the contact details available on www.ncse.ie.

465 Questions— 2 December 2008. Written Answers

Higher Education Grants. 501. Deputy Joe Costello asked the Minister for Education and Science if his attention has been drawn to the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [43923/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The decision on eligibility for student maintenance grants is a matter for the relevant assessing authority, either the local authority or VEC, as appropriate. These bodies do not refer individual applications to my Department, except in exceptional circumstances. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of maintenance grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC and remains of the view that the body has not interpreted the schemes correctly in his/her case, an appeal form outlining the position may be submitted by the appli- cant to my Department.

502. Deputy Pat Breen asked the Minister for Education and Science the reason persons (details supplied) were not facilitated; and if he will make a statement on the matter. [43933/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The candidates referred to by the Deputy submitted appeals to my Department on the 24th November 2008. A decision will issue to them following the examination of their appeals.

Pupil-Teacher Ratio. 503. Deputy Tom Sheahan asked the Minister for Education and Science if he will meet a deputation from a school (details supplied) in County Kerry; and if he will make a statement on the matter. [43950/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I have already received a request to meet the school referred to by the Deputy. Due to other diary commitments, I will not be in a position to meet with delegations for several weeks but I will consider the request on hands in the New Year.

Health and Safety Issues. 504. Deputy Willie Penrose asked the Minister for Education and Science if, in view of the safety concerns, which have been expressed about the safety of children and the very real dangers that exist at a school (details supplied) in County Longford, in relation to parking and the lack of a safe exiting area for the children leaving school each afternoon, he will take steps to have the situation examined in situ and assist the school authorities; and if he will make a statement on the matter. [43992/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Individual school authorities are responsible, in the first instance, for ensuring the safety and welfare of children and others in their care including traffic management measures. In accordance with the Safety, Health and Welfare at Work Act 1989, it is the responsibility of school management authorities to have a safety statement in place in their schools. Schools are obliged to identify possible hazards, assess the risks to health and safety and to put appropriate safeguards in place.

466 Questions— 2 December 2008. Written Answers

Issues of road safety measures outside the vested site areas of schools, such as road signage, traffic calming measures etc., are a matter that should be raised in the first instance with the relevant Local Authority. The vast majority of existing primary school sites is owned by parish/diocesan authorities, not by my Department. The funding arrangements relating to the purchase of sites, in place since January 1999 were approved by the Minister for Finance subject to the condition that ownership of the property thus financed was vested in the State. Consequently, my Department does not fund the purchase of site extensions unless the whole site is vested in the State.

Teaching Council. 505. Deputy Tony Gregory asked the Minister for Education and Science the number of teachers at primary and secondary level who have not joined the Teaching Council to date. [44012/08]

507. Deputy Tony Gregory asked the Minister for Education and Science the moneys spent to date by the Teaching Council; and the source of those moneys. [44014/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 505 and 507 together. As the Deputy will be aware the Teaching Council Act 2001 provided for the establishment of a Council for the purposes of promoting teaching as a profession, maintaining and improving the standards of teaching, providing for the establishment of standards, policies and procedures for the education and training of teachers, and other matters relating to teachers and the teaching profession. The Act provided for the Teaching Council to be funded by my Department for 2 years after the establishment day. The funding provided by my Department is set out as follows.

Department of Education and Science

Year \m

2006 2.991 2007 3.082 2008 0.849

The Teaching Council became a self funding body from 28 March 2008. The Council raises its funding from, in the main part, teachers’ initial registration and renewal of registration fees. The annual registration fee is currently \90. In addition the Council has the capacity to charge fees for other services associated with registration including providing copies of or additional registration certificates, letters of professional standing, reviewing programmes of teacher edu- cation and qualification recognition. The Teaching Council’s total expenditure to end of November 2008 amounts to \3.687m. The recognition and registration of teachers in Ireland is a function of the Teaching Council. The Council has informed my Department that as of 27th November 2008, there are 64,366 persons registered with the Teaching Council. The Council is not in a position to provide details of those not registered with the Council at this time. The Council will be in a position to provide a more substantive picture when section 30 is commenced. 467 Questions— 2 December 2008. Written Answers

506. Deputy Tony Gregory asked the Minister for Education and Science the legislative basis for the threatening letters sent to teachers who have not joined the Teaching Council telling them that they will not be paid their salaries. [44013/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Since its establishment in 2006, the Teaching Council is responsible for the promotion of teaching as a profession; the pro- motion of the professional development of teachers and for the regulation of standards in the profession. All teachers must be registered with the Council and have their qualifications veri- fied to be enrolled on the register of qualified teachers. While all sections of the Teaching Council Act have not been enacted, the policy of my department is outlined in circular Letters 0016/2008 and 0055/2008 (copies attached). These Circulars outline that to be eligible for recruitment to an Oireachtas funded teaching post, a teacher shall be registered by the Teaching Council and shall satisfy the recruitment policy in the relevant second-level sector as approved from time to time by the Minister for Education and Science. Circular Letter 0055/2008 contains the terms of the most recent and all previous agreements in relation to implementation of the Protection of Employees (Fixed Term Work) Act 2003. The application form for appointment as a post-primary teacher states that schools should not submit applications from candidates who do not have current registration with the Teach- ing Council. Where an appointment form was received by my Department on behalf of an unregistered teacher, a letter was sent to the person in question explaining the requirements for registration with the Teaching Council. On receipt of confirmation from the Teaching Council that the registration procedure was complete the teacher’s appointment was processed.

Question No. 507 answered with Question No. 505.

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