Dáil Éireann

Vol. 731 Tuesday, No. 1 3 May 2011

DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES

DÁIL ÉIREANN

TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)

Dé Máirt, 3 Bealtaine 2011.

Ceisteanna—Questions Taoiseach ………………………………… 1 Minister for Finance Priority Questions …………………………… 11 Other Questions …………………………… 22 Adjournment Debate Matters …………………………… 27 Leaders’ Questions ……………………………… 27 Order of Business ……………………………… 32 Suicide Prevention: Statements (resumed)………………………37 Private Members’ Business Residential Mortgage Debt: Motion ……………………… 61 Adjournment Debate International Terrorism …………………………… 82 School Transport ……………………………… 83 Animal Welfare ……………………………… 86 Accident and Emergency Services ……………………… 88 Questions: Written Answers …………………………… 91 DÁIL ÉIREANN

DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES

TUAIRISC OIFIGIÚIL OFFICIAL REPORT

Imleabhar 731 Volume 731

Dé Máirt, 3 Bealtaine 2011. Tuesday, 3 May 2011.

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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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Appointments to State Boards 1. Deputy Gerry Adams asked the Taoiseach his plans to reform the manner in which persons are appointed to State boards; and if he will make a statement on the matter. [5744/11]

2. Deputy Micheál Martin asked the Taoiseach his plans to increase transparency in the system of making appointments to State boards [5908/11]

3. Deputy Micheál Martin asked the Taoiseach if it is his policy to advertise appointments to all State boards; and if he will make a statement on the matter. [6655/11]

The Taoiseach: I propose to take Questions Nos. 1 to 3, inclusive, together. The Government has decided that new arrangements will be put in place for the making of appointments to State boards and bodies. In future, Departments will invite expressions of interest on their websites for vacancies on the boards of bodies under their aegis. Ministers will not necessarily be confined to those who make expressions of interest, but will ensure all appointees have the relevant qualifications. 1 Ceisteanna — 3 May 2011. Questions

[The Taoiseach.]

Several Departments have already started this process. The Department of Transport published on its website an advertisement seeking expressions of interest for appointments as chairpersons of the boards of the CIE companies and the Railway Procurement Agency and also for appointments to the boards of transport, tourism and sport agencies. The Department of Communications has also advertised on its website with regard to vacancies that will arise on the boards of bodies under its aegis before the end of 2011. The Department of Finance has sought expressions of interest for appointments to the board of directors of the recapitalised banks. The Government has also decided that those who are being proposed for appointment as chairpersons of State boards will be required to make themselves available to the appropriate Oireachtas committee to discuss the approach they will take as chairperson and their views about the future contribution of the body or board in question. Following that discussion, decisions will be taken by the Minister or the Government, as appropriate, to confirm the nominee as chairperson.

Deputy Mary Lou McDonald: Gabhaim buíochas leis an Taoiseach as an fhreagra sin. The soundings the Taoiseach has made with regard to the process for appointment to State bodies is welcome. However, it is a matter of regret that up to 110 people were appointed by the outgoing Government to State boards in the period between the dissolution of the previous Dáil and the formation of the new Government. We all agree this is not the way to do business and we need to ensure an ending to the “jobs for the boys” approach that has pertained in the past. The Taoiseach gave some information on advertisements that have been placed and some appointments made. Is that an exhaustive account of matters at present? How many appointments has the Government made since it took office? I ask the Taoiseach to expand on the level of scrutiny and transparency that will apply in future appointments. I note that he again referred to prospective chairs of State boards presenting themselves before Oireachtas committees. When will this process begin? Can the Taoiseach reassure us that this will not be simply a rubber-stamping exercise? What kind of discretion will the Oireachtas committees have? Crucially, will a committee have the power to block an appointment to a State board?

The Taoiseach: The change here is pretty dramatic in the context of what went on before. We also discussed this at the last round of Taoiseach’s Questions. This will take effect from the time the Oireachtas committees are set up, which will be in the very near future. The first person to appear before an Oireachtas committee will be the nominee for appointment to Bord na gCon, for which there has been a vacancy for some time. The procedure is that the proposed person will appear before the relevant Oireachtas committee and give his or her view as to what contribution he or she can make to the agency or body to which he or she is proposed to be appointed. The advertisements to be carried by departmental websites or organisations outside the normal remit of Government will carry the requirements as to what is wanted from the personnel who might apply in an expression of interest, in other words the range of specific qualifications or competencies required so that there is a standard that is required which people will know if they apply or put in an expression of interest. This will take effect as soon as the Oireachtas committees are up and running. As vacancies occur, as will happen, Departments will advertise on their websites the range of competencies and qualifications so that those who are interested can put in their expressions of interest. The Deputy asked if the committee could block somebody’s appointment. I made this clear before; if a proposed person nominated either by a Minister or by the Government really falls 2 Ceisteanna — 3 May 2011. Questions down in making his or her presentation to the relevant committee, obviously the Government or the Minister would need to take that into account, but it is not a function of the committees — they are not blocking committees. It is an opportunity for the proposed person and the committee to discuss the policy issues in respect of the organisation, agency or body concerned.

Deputy Mary Lou McDonald: I appreciate that the requirements and job specification would be set out, which is absolutely necessary. If the ultimate power of decision is not vested in the committee — if one is to be cynical about it — does it not then simply become an optical exercise? I do not suggest that the committees should become simply blocking mechanisms, but if one were to scrutinise the candidature of any person for any appointment, surely the logical outflow from that is that the committee would have the power to either accept or reject, to endorse or otherwise the candidacy for any particular position. It leads me to conclude that perhaps this is simply optics and a rubber-stamping mechanism.

An Ceann Comhairle: Could we have a question, please?

Deputy Mary Lou McDonald: Given that an applicant will set out initially his or her vision for the job based on what he or she can bring thereto, what will be the role of the committee in scrutinising performance on an ongoing basis?

The Taoiseach: It depends on the organisation, agency or committee involved. The Govern- ment set policy, as decided by the Cabinet, and a range of organisations, agencies and Depart- ments implement it. If one wants to see the scale of change, one should note that Oireachtas committees never had the range of competencies required or the necessary experience. Members were appointed on the basis of friendship rather than competence, as admitted in the House by a former Taoiseach. That is not the way it should be. If agencies, organisations and committees are to conduct their business properly, it must be done in the context of implementing and carrying through on current Government policy in the interests of the country and the people. It would be thoroughly unwise, therefore, of a Government to disregard the view of an Oireachtas committee of anybody appearing before it. That is why expressions of interest will be made by people who deem themselves to be competent and have the experience and qualifications necessary to express an interest in a position in the first place. We want far greater transparency than has been the case heretofore. In the main, the appointments will be confirmed by the Cabinet, or Minister, after the appointees have been proposed and have appeared before the relevant committee to make their case.

Deputy Micheál Martin: I have two questions, Nos. 2 and 3, on the same issue. While not wanting to get involved in party political point-scoring, for decades every Government, before its dissolution after a general election, appointed people to State boards as vacancies arose. On the Taoiseach’s last day in office as Minister for Tourism and Trade he appointed a Fine Gael trustee to the board of Bord Fáilte.

Deputy Phil Hogan: That was a long time ago.

Deputy Micheál Martin: We can all——

An Ceann Comhairle: The Deputy should ask a question.

The Taoiseach: That is prehistoric at this stage.

Deputy Micheál Martin: While I welcome the change, I do not believe it is dramatic. I am conscious that even Sinn Féin, for example, had made comments—— 3 Ceisteanna — 3 May 2011. Questions

An Ceann Comhairle: Questions, please.

Deputy Micheál Martin: I have two. I am building up to them and will ask them if allowed without interruption. Although I heard Sinn Féin articulate concerns about this system, it was no slouch when it came to North-South bodies, for example. With regard to the Northern Ireland Executive——

An Ceann Comhairle: This is Question Time and questions must be put to the Taoiseach.

Deputy Micheál Martin: ——there was a Sinn Féin nominee and a DUP nominee and one could take one’s pick. We should not have lectures across the House or be politically cynical about this.

(Interruptions).

Deputy Micheál Martin: The Taoiseach has admitted the vast majority of the 108 nominees were of good quality. I come to my point.

An Ceann Comhairle: I thank the Deputy.

Deputy Micheál Martin: Does the Taoiseach agree that the reforms introduced by a Minister in the previous Government, Mr. Eamon Ryan, went further than those being proposed in that he actually gave authority to a committee to nominate individuals, particularly in the broadcasting arena? It was a novel approach that he adopted with the sanction of the previous Govern- ment. While what we are witnessing is welcome in terms of advertisements and committees having a chance to discuss a nominee’s views, that is as far as it goes. The power to nominate and confirm will remain with the Government. It is not the dramatic change outlined by the Taoiseach. I suggest Mr. Ryan, the former Minister, went much further by giving authority to a committee to make an appointment. Perhaps the Taoiseach might consider whether the committees of the House should share the responsibility for appointing members to semi- State bodies.

The Taoiseach: As the Deputy stated, he is not interested in the Punch and Judy business of the past. I am concerned about making changes that will apply in the future. I am not giving committees absolute authority to make appointments but the opportunity to discuss policy with the person proposed by the relevant Minister or the Cabinet as chairperson of the relevant organisation or agency. That is a big change which goes across the board, and not just in the unique circumstances in which the former Minister, former Deputy Eamon Ryan, made his decision. This opens opportunities for people who believe they have the qualifications and experience necessary to give public service to the country in the relevant organisation or agency to appear before the Oireachtas committee and discuss not only what they bring to the table but also the Government policy in that particular area. If the committee finds that the person before it is grossly incompetent, the responsible Minister and the Cabinet would have to take cognisance of that. However, the way this is structured means that only people with the qualifications, experience and competence would express an interest in the first place.

Deputy Micheál Martin: Given that the policy and the parameters of any State agency are set by the Government and the Oireachtas in legislation, it does not fall within the remit of a new chairperson to dramatically change them. What one will be examining is the competence, qualifications and the capacity of the person to chair a board. In that instance, given the majority the Government has in the House and will have on the committees, there is a grave 4 Ceisteanna — 3 May 2011. Questions danger that we will get what amounts to a rubber-stamping exercise, unless more teeth are given to committee members and the committees of the House in terms of the actual appointments. Second, is it just the chairperson who will have to appear before Oireachtas committees and any other appointees will not? I understood from the Taoiseach’s reply that it is only chairpersons.

The Taoiseach: I do not believe there should be Oireachtas hearings for the casual filling of vacancies on boards that might not rank in the top three in the order of priority. The chairperson has the fundamental function of chairing the relevant body or agency and to steer it in the direction, in so far as the committee is concerned, of the relevant element of Government policy. I am anxious to see how this will operate in practice. I would like to see the first two dozen cases go before the relevant committees, see how they get on, the reaction and how the process works. It is a change that does not transfer absolute authority to the committees but there is a clear inference that somebody appearing before a committee, following nomination by a Minister or the Cabinet to be a chairperson of an organisation or agency, had better have the qualifications, competence and experience to chair the board of the organisation or agency in question.

Deputy Micheál Martin: The Taoiseach will agree that the committees already have the right to talk to the chairperson of a State agency and, indeed, they frequently do so. I ask the Taoiseach to reconsider the idea, even on a pilot basis in the case of some State agencies, of sharing the authority with committees of the House.

The Taoiseach: The difference is that previously there was a one line announcement to the newspapers that person X was appointed as the chair of a board, agency or organisation. The relevant committee had no function at all, other than to welcome the new arrival as the chairperson. In the case of these chairpersons, the Minister or the Cabinet will make a nomination, the person will appear before the Oireachtas committee, explain what they bring to the board, how they see the future policy evolving and discuss that with the members of the committee. That is a big change. If the person appearing before the committee falls down on that job, the Minister and the Cabinet would obviously have to take cognisance of it. It would be unwise to disregard it.

An Ceann Comhairle: I will take some quick supplementary questions. I remind Deputies that everybody is entitled to table a question and I want to be fair to those Deputies who did so. We will not spend all day on these three questions. There will be a quick supplementary question from four Deputies. I call Deputy Higgins and ask him to be brief. A total of 29 questions were tabled for answer by the Taoiseach today. Some of those indicating that they wish to put supplementary questions did not table any of the original 29 questions. I ask those Deputies to whom I refer to respect those who tabled questions.

Deputy Joe Higgins: As a starting point for this debate, does the Taoiseach candidly admit that Fine Gael and the Labour Party were as guilty of cronyism as Fianna Fáil with regard to the manner in which, over decades, they appointed——

An Ceann Comhairle: The Deputy should get on with it.

Deputy Joe Higgins: ——people to public boards? Does he agree that — I will not use the unkind word “hacks”—the latter were activists of the political parties? If the Taoiseach is serious with regard to the new system he proposes, why did the Minister for Agriculture, Marine and Food rush to make appointments to and to promote people within Bord na gCon? 5 Ceisteanna — 3 May 2011. Questions

[Deputy Joe Higgins.] Rather than the somewhat narrow process he proposes, does the Taoiseach not agree that a far more wide-ranging and democratic process involving the users of the services of State boards should be put in place? Does he also agree that there should be a much more proactive role for the workers who supply those services?

Deputy John Halligan: I broadly welcome the proposals the Taoiseach has put forward. In the context of some of the outrageous appointments made by the previous Administration — during the general election campaign and on polling day — and in light of what the Taoiseach said about the competency of people appointed to positions on State boards, does the Govern- ment have the power to revoke or cancel such appointments or to re-interview those who were appointed? Most of the appointments to which I refer involved people who support Fianna Fáil and who would probably be opposed to the Government parties. Will the Taoiseach indicate if these appointments can be revoked or cancelled or if those who were appointed — who were selected because they are friends of the Fianna Fáil Party — can be interviewed again to establish the nature of their competency and qualifications?

Deputy Shane Ross: What the Taoiseach spelled out in respect of his plans leaves one suspicious that the holes that are so apparent in it were dug by him and his Ministers. Given that the advertisements to which he refers and the recommendations and operations of the joint committee can be completely ignored by a Minister making an appointment, what is to stop Ministers who do not possess scruples or integrity from making nakedly political appointments identical to those made by the previous Government?

Deputy Richard Boyd Barrett: In the context of the questions posed by Deputy Higgins, I will be interested in hearing the Taoiseach’s comments on workers and service users. Will the proposals regarding reform of the process relating to appointments to State boards extend to dealing with the outrageous salaries paid to executives on such boards? These individuals are being paid hundreds of thousands of euro at a time when workers are being asked to take savage pay cuts. In addition to the reform of the appointments process, will there be a greater level of accountability to the public and to this House with regard to the policies pursued by and activities of the executives and boards of State companies? Many of these individuals appear to be a law unto themselves and are able to do whatever they like. We do not seem to be able to obtain accurate information on their actions and the policies they pursue, and we are not in a position to influence those actions and policies.

The Taoiseach: I do not accept Deputy Higgins’s assertion that this is cronyism.

Deputy Joe Higgins: Why not?

The Taoiseach: Even the Deputy will understand that there is a difference between what will happen in the future and what occurred in the past. It is clear that there is at least serious intent on our part — and a demonstration thereof — to allow the Oireachtas committees bring before them those who will be nominated to hold positions as chairpersons of State boards and companies. That is a good development. The relevant committees will hold public hearings but these will not be interrogative in the same way as US congressional hearings. However, nominees will be in a position to outline what they can bring to the organisations to which it is proposed to appoint them. The members of the committees will then be able to question these individuals on both the level of competency and the range of experience they possess. 6 Ceisteanna — 3 May 2011. Questions

In respect of the question on appointments during the election period made by the outgoing Government, I have been advised that it would probably not be worth trying to go down a legal route to remove people who have been appointed. It could happen where an organisation was being abolished and some quangos will be abolished following analysis by the Government. The Minister for Health and Children asked board members of the HSE to stand down voluntarily because the structure of the entire organisation was being changed, but this is a slightly different circumstance. There is no need for Deputy Shane Ross to be suspicious. The position is as he points out but not in fact. If an advertisement appears for a position, a number of people express an interest in it and the Minister and the Cabinet find that the range of competencies or experience is not available, they are entitled to move away from the list of those who expressed an interest. Such nominees have to be nominated by the Minister and approved by the Cabinet after going through the process of appearing before an Oireachtas committee.

Deputy Shane Ross: Could they nominate one of their friends?

The Taoiseach: That could happen in much the same way as the Deputy said to me when he told me he had a couple of nominees for positions whom he said I might consider.

Deputy Phil Hogan: They could be the Deputy’s friends also.

Deputy Shane Ross: I will give the Taoiseach their names again if he likes.

The Taoiseach: I do not know whether they are the Deputy’s friends. Accountability for State and semi-State organisations is part of the Government’s focus on the comprehensive spending review. For years, long before Deputy Richard Boyd Barrett came here, when the Minister for Finance allocated money to a Minister, a Department or an agency, there was never a real analysis of what went on, other than an examination by the Committee of Public Accounts following the making of a report by the Comptroller and Auditor General, which would take place a few years later. We will now have a real analysis of how the money is being spent to ensure value for money is being achieved, see whether it is worthwhile continuing with a programme or increasing the relevance of another. The review will be finished by September.

Deputy Richard Boyd Barrett: What about the salaries paid?

The Taoiseach: The first decision made by the Government was to reduce salaries. We will continue to reduce costs insofar as governance is concerned. The matter of the serious salaries of chief executives of State bodies is one for the Minister for Public Expenditure and Reform.

Constitutional Convention 4. Deputy Micheál Martin asked the Taoiseach if he will outline details for the Programme for Government commitment to establish a constitutional convention; the legislative basis intended for the convention; and if the 12 month reporting deadline is from 9 March 2011 or from the date of establishment. [8191/11]

5. Deputy Gerry Adams asked the Taoiseach when the proposed referendum on the abolition of the Seanad will be held. [8368/11]

6. Deputy Gerry Adams asked the Taoiseach when will the proposed constitutional convention be held; and if he will make a statement on the matter. [8370/11]

The Taoiseach: I propose to take Questions Nos. 4 to 6, inclusive, together. 7 Ceisteanna — 3 May 2011. Questions

[The Taoiseach.]

The programme for Government commits the Government to establishing a constitutional convention to consider comprehensive constitutional reform and report on the following matters: the review of the Dáil electoral system; reducing the term of office of the President from seven years to five; provision for same sex marriage; broadening the reference in the Constitution to the role of women in the home to one which recognises the role of the parent in the home; removing blasphemy from the Constitution; the possible reduction of the voting age; and other relevant constitutional amendments that may be recommended by the convention. The convention will be expected to report within 12 months of its establishment. Work has commenced on the preparation of detailed proposals for its establishment and when ready, these will be considered by the Government. They will address matters such as the structure, composition and terms of reference of the convention, as well as the basis on which it will be established. The Government is committed to holding a referendum on the abolition of the Seanad as soon as practicable. As a first step, it will be necessary to clarify which articles of the Consti- tution will need to be deleted or amended in the context of abolishing the Seanad and to consider the possible implications of any such deletions or amendments. These matters are being considered in consultation with the Attorney General prior to the preparation of the heads of a Bill for submission to the Government.

Deputy Micheál Martin: I welcome the proposal in the programme for Government for a constitutional convention. Will the Taoiseach give a commitment to the House that the convention’s remit will be wide enough to allow for a real debate about radical reform of the Dáil and its relationship with the Government? The Taoiseach mentioned reform of the electoral system. Does that mean merely a reduction in the number of Dáil Deputies or real reform of the electoral system, for instance, moving to a different system such as a single-seat STV system? Are these issues up for consideration? In essence, the convention is to consider reforms to the Dáil and the Government which should be implemented at the same time as the abolition of the Seanad. We want real reform here, not merely superficial and shallow reform. We want substantive reform of the way the House does business, of how it is elected, of the relationship between the Parliament and the Executive, and right across the board. Will the Taoiseach give a commitment that the remit of the convention will be wide enough to encompass that? Will the Taoiseach ensure, given it is to report within 12 months from its date of establishment, that immediate consultation takes place between all of the political parties in the House on the nature of the convention and the legislative basis for it? This is substantive 3o’clock work which should involve all Members of the House in putting a proposition such as this to the people. Rather than merely presenting a Bill as a fait accompli, perhaps it would be wise to facilitate all-party consultation and discussion on the legislation that will underpin the establishment of the constitutional convention.

The Taoiseach: I agree with that last comment. I do not see why we cannot have a proper discussion about that when it is in the interests of the country and the House and those who are elected and will be elected here in the future, and I am amenable to that. The terms of reference will be broad enough to encompass all of these matters. I hope the constitutional convention will be a more focused and more engaging process than, for instance, the forum on Europe turned out to be when people might have lost interest for one reason or another. It will include all of those issues Deputy Martin raised about the electoral system such 8 Ceisteanna — 3 May 2011. Questions as the relevance of the number of Oireachtas Members elected, but I hope we can deal effectively with changes in respect of the House and the running of the House and the Members of the House. I have asked the Whip to engage with other whips as an initial point here. I would like to have real change brought about in the way the Oireachtas and the Houses do their business so that for the session following the summer recess changes are implemented. Between now and the recess, sometime towards the end of July, I hope we will hold a series of inter- party discussions with the people on a range of proposals on how to change this House, make it more relevant, more challenging, more engaging and more efficient and professional in the interests of the work that people must do. I know that Deputy Martin and, I hope, everybody else will participate fully in those discussions in so that we can make the place relevant for the people whom we serve.

Deputy Micheál Martin: How does the Government propose to define the composition of the convention? I have heard various suggested comments, in terms of one third experts, one third the public via a jury system and one third Members of the Oireachtas. Will the Taoiseach give serious consideration to ensuring that elected public representatives are given a substantive input into the work of the convention not merely at the level of the Oireachtas but at local authority level, and that councillors, perhaps on a representative basis, will have the opportunity to participate in a convention of this kind as well? In all of the debate on reform of the Constitution there tends to be a theme emerging that the last to be consulted will be those who are directly elected by the people. The experience of representatives directly elected by the people is a valuable input that needs to be acknowledged and recognised for what it is notwithstanding the need for change and the need for reform and a new type of politics. I am interested in getting greater clarity on how Seán Citizen is to be nominated to a convention of this kind. Has the Taoiseach thought that matter through yet?

The Taoiseach: I have not decided on the nature of the make up of the composition yet. As Deputy Martin will recall from being a Minister from many years, one of the weaknesses of social partnership was that the last people to be informed of the decision were Oireachtas Members. I do not envisage this would be the case with the constitutional convention. It will have an inclusivity which will allow elected Members of the Dáil, Seanad and local authorities and ordinary citizens to have their say. This can be a fundamental platform for the future, leading a democratic drive to make politics transparent, accountable and relevant to the people. I have no fixed view on the fractions or percentages mentioned; I do not know from where they came. Suffice it to say I would like to see the convention being inclusive and representing an opportunity for Seán Citizen — to whom the Deputy referred — being represented and being able to play his part, and that it would move throughout the country in the same way as the Forum on Europe and give everybody an opportunity, physically at meetings and also by the use of new communication methods, to voice their opinions. The convention would report within 12 months on the range of topics given to it.

Deputy Mary Lou McDonald: I am not any the wiser about the constitutional convention. I understand the Taoiseach is figuring his way through its composition. Will he assure us that the convention will be all-Ireland in nature? This is a matter we have raised previously. It would be ludicrous to discuss current or future constitutional arrangements and provisions for the country if we were to approach them in a partitionist manner. As the Taoiseach works out the fractions and percentages, will he ensure that Síle Citizen gets equal billing with Seán, and that youth is considered? All other stakeholders such as NGOs and various community interests should also be involved because for this to be a dynamic process it has to be genuinely inclusive. 9 Ceisteanna — 3 May 2011. Questions

[Deputy Mary Lou McDonald.]

On the matter of the Seanad, and I am conscious that we are here today just as the election has concluded, nobody with an ounce of wit could defend the current arrangements whereby it is elected by an elite group of Deputies, councillors and third level graduates — although not all of them — and that it is then in the Taoiseach’s gift to appoint 11 Members. It is the Taoiseach’s position to abolish the second Chamber. We contend that before proceeding to that we need a discussion and debate on the value of a second Chamber. I understand with such a large majority as that which the Taoiseach commands in this House, he may see it as useful to dispense with the second Chamber. I do not think he should proceed in haste. Will we have a debate on the merits of a second Chamber, albeit a radically reformed and functioning one? When the time comes for the referendum, will the people be given that option or does the Taoiseach propose to simply put the bald proposition that the Seanad as it is currently constituted be abolished?

The Taoiseach: As Deputy McDonald knows, all referendums end up with a “Yes” or “No” question, and voter is asked to put an “X” beside the box of his or her choice. The difficulty in framing the question is always with regard to the consequence of the changes that occur in the Constitution. I have made clear for some time that the Attorney General is working on a range of Articles which need to be either removed or amended. To give effect to any referendum one must produce legislation which allows for debate. Deputy McDonald’s party has had a number of Senators elected and it may not want it to fade away too quickly to give them a chance. Perhaps that is what Deputy McDonald is at. For quite a long time, my view has been that in terms of comprehensive analysis of legislation our current bicameral structure is no longer suited for its purpose. It is my view this House, as the directly elected forum of the people, will be able to perform a thorough and comprehensive analysis of legislation if the circumstances are changed, which is my intention. Legislation will be introduced to give effect to the proposal to abolish Seanad Éireann and there will be ample opportunity for the citizens to discuss it. At the end of the day, it will be the choice of the people. We can change the nature of our work in terms of drafting legislation, sending heads of Bills to committees at a much earlier stage, the process of committee work and the calling of groups, agencies and citizens before powerful legislative committees. Review clauses can be built into Bills in order to examine their effectiveness in the 12 or 18 months after they are enacted. Seanad Éireann has never been an Upper House. It has been a second House and second Houses tend to replicate the work of the first House. It has acted as a brake in many ways. The work currently under way will be reported on as we proceed to draft the legislation necessary to give effect to that question.

Deputy Mary Lou McDonald: Given that the Taoiseach’s party also had several Members returned to the Seanad, we are not alone in that regard. It may prove extremely short-sighted to decide that, because the Seanad has been a disaster as it is currently constituted and misused, we should use the blunt instrument of abolishing it. A more considered approach is required, including a public debate. In regard to the Taoiseach’s comment on referendums, the practice in this State has been to put a single question which seeks a “Yes” or “No” answer but there is no reason that cannot be modified. Other jurisdictions make use of preferendums and other mechanisms and I ask him to consider such alternatives. I would also like to hear his response in regard to a constitutional convention which is all-Ireland in nature. 10 Priority 3 May 2011. Questions

In regard to the 11 appointments he can make to the Seanad, we spoke earlier about stuffing State boards and I assume in this era of political reform and transparency that he does not propose to stuff the Seanad with hacks or friends of the Fine Gael Party or, for that matter, the Labour Party.

The Taoiseach: I am not sure what the Deputy means by a stuffed Seanad but the Attorney General is currently examining the Constitution to determine what Articles need to be amended or removed. I will give consideration to including a northern connection in the constitutional convention. That is an important issue and, as I previously stated, the convention will be as inclusive as I can make it. As Deputy Martin noted, it will have broad terms of reference and I hope it can complete its work within 12 months and that Deputy McDonald will participate in it. In so far as the Taoiseach’s nominees to the Seanad are concerned, the Deputy will have to wait until the Seanad convenes to find out who has been appointed.

Priority Questions

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Fiscal Policy 30. Deputy Michael McGrath asked the Minister for Finance in view of his previous comments that Ireland’s debt position could become unsustainable and in view of all the economic data currently available to him, if he believes Ireland’s debt position is sustainable going forward; the growth forecasts for the next number of years on which he is basing his view; and if the National Treasury Management Agency has advised him on the matter of Ireland’s debt sustainability. [9750/11]

Minister for Finance (Deputy Michael Noonan): The State’s debt burden has increased substantially over the last number of years as a result of the significant deterioration in our public finances, owing to the economic downturn and the significant level of State support provided to the banking sector. A gross general Government debt level of €148 billion or 96% of GDP, as it is estimated to have been at the end of 2010, is very high and requires our ongoing, close attention. Both the nominal level of the debt and the debt to GDP ratio are forecast to increase further in the coming years, albeit at reducing levels as we will have to continue to borrow to fill the gap between revenue and spending. In addition, economic growth remains relatively subdued. The stability programme update, laid before the House and submitted to the European Com- mission last Friday, forecasts that the debt to GDP ratio will peak at 118% in 2013 before declining in the following two years to 111% by 2015. These forecasts are based on my Depart- ment’s macroeconomic and fiscal forecasts and the advice of the National Treasury Manage- ment Agency regarding the debt. The stability programme update also forecasts GDP growth of 0.75% in 2011, rising to 2.5% in 2012. For the period 2013 to 2015, GDP is expected to grow by 3% per annum on average. The trajectory for the debt ratio depends on the relationship between economic growth, the interest rates applying to the Government debt and the level of budgetary adjustment implemented by Government. However, there is no one rule that says that if one’s debt is above a particular level, it is unmanageable. A key determinant in the stabilisation of the debt ratio will be the narrowing of the gap that currently exists between revenues and expenditure through further fiscal consolidation. Coupled with the implementation of policy measures that 11 Priority 3 May 2011. Questions

[Deputy Michael Noonan.] will assist in boosting economic growth, a primary surplus is forecast to emerge, that is, an excess of revenues over expenditure excluding interest expenditure. This is scheduled to happen by 2014. A further measure which may be referenced in forming a judgment on whether a particular level of debt is sustainable is the proportion of tax revenues that must go towards servicing the debt. Based on the stability programme update projections, it is estimated that around 15% of tax revenues will be required to service the interest on the State’s national debt this year. By 2015 almost 21% of our total tax revenues will be required for that purpose. This is undoubtedly a very significant level, but it is worth bearing in mind that it is well below the ratios experienced in the mid-1980s when around one third of the tax revenues generated in the State went towards servicing the interest on the national debt. As the NTMA is the agency tasked with the management of the State’s borrowing needs, I and my officials have naturally been in close contact with them regarding our debt position. The NTMA is in constant contact with market participants and their view on the market perception regarding sovereign Irish debt is a crucial input into our deliberations as it is the markets’ assessment of our position which will ultimately determine the rate at which we can borrow. The agency’s view is the same as ours at present, namely, that Ireland’s debt position is very large and has grown rapidly in recent years but if we continue to pursue the right policies, it is sustainable. However, debt sustainability is not a black and white issue and we must do everything in our power to ensure that as much as possible the balance of the arguments reinforces this assessment. This underlines the reason we must continue to deliver on our commitment to fiscal consolidation, pursue policies that underpin growth and seek to achieve measures that alleviate the cost of our debt burden.

Deputy Michael McGrath: The stability programme update published last Friday made for sobering reading, particularly with the reduction in the growth forecast for the current year down by a full per cent to 0.8%. We all accept that growth is the key issue regarding debt sustainability but my question is whether the Department of Finance is still being overly optimistic. While it has reduced significantly the forecast for 2011, it predicts GDP growth of 2.5% for 2012, which is higher than any of the other bodies, including the domestic bodies, the ESRI and the Central Bank. The IMF and the European Commission indicate it will be 1.9% next year; we are basing our figures on 2.5%. For the following three years, 2013, 2014 and 2015, we are factoring in growth of 3% which we all hope we achieve and even out-perform but even on the figures we have factored in, as the Minister has acknowledged, the debt to GDP ratio will be 118% in 2013.

An Leas-Cheann Comhairle: I will ask the Minister to reply to that and we will come back to the Deputy.

Deputy Michael McGrath: In regard to the NTMA’s advice that if there were to be any deterioration on the figures beyond what we currently anticipate, are we——

Deputy Michael Noonan: The Deputy is correct that the level of growth in the economy is a very important component of whether the debt continues to be manageable but equally important is the size of the debt and the interest rate charged on the debt. It is a combination of three inputs. On the growth rates projected in the stability programme update put before the Houses of the Oireachtas last Friday, the Deputy will have to remember that it is on the estimate of his Government’s budget that the adjustments have been made. The previous figures were those 12 Priority 3 May 2011. Questions brought before the House by my predecessor in January when the budget was introduced. A number of things have happened since. First, at that stage only €10 billion was pencilled in arising from the stress tests and that has now gone up to €24 billion. As well as that, events in North Africa have pushed up the price of oil, and interest rates internationally are tending upwards. Various factors are now coming through, therefore. It is true to say that the Department of Finance is slightly ahead of the projections of the European Commission and the IMF but the IMF took a €35 billion injection into recapitalisation of the banks and the EU Commission took a €25 billion investment into the recapitalisation of the banks when they were working out their figures. I said previously when launching the initiative on the banks, and much to the amusement of some of our learned people in the media, that growth is not a static figure. Sometimes people talk about growth as if it was fixed and that nothing could be done about it. Obviously, Government policies influence growth as well and I suggest to the Deputy that the policies we are pursuing now will have an influence on growth going forward.

Deputy Michael McGrath: As the Minister has indicated, the projection is that by 2015 the national debt interest repayments will account for 21% of tax revenue but that tax revenue figure is based on a figure which is 27% higher than the 2011 tax revenues. If that transpires to be more optimistic than the reality, the amount of the tax revenue going in interest repayments will far exceed 21%; it could be 25% or even more. While we have to plan on the basis of the figures the Department has produced, based on experience and track record we must also prepare for a less optimistic scenario. Has the NTMA advised on that?

Deputy Michael Noonan: The Deputy is correct. All these matters are estimates and projections, and they are the best possible estimate based on the facts, but things are changing rapidly. Things are changing rapidly internationally and therefore it is not possible to predict; but to get back to the Deputy’s original question on sustainability, I believe our position is now sustainable. Some people make false comparisons with Greece. The figures the Deputy has quoted see the debt peaking out in 2013 at 118%. The equivalent figure for Greece is 157%, and that is before its more recent crisis, and it is tending upwards all the time. We are not in the same category as Greece. We are not in the same category as Portugal, and people who talk about sustainability should remember that we are going into surplus on the balance of payments and any country that has a balance of payments surplus is not insolvent when the whole figure is taken together. We are giving the Deputy the best figures available. We will continue to give him the fullest possible information but we will also point out to him the assumptions on which they are based and as the assumptions vary, things change. For example, the fiscal figures for April, which were published yesterday evening or today, would show that the tax profile is beyond the Deputy’s budget estimate for December and expenditure is below the budget estimate for expenditure. Therefore, for the first four months of the year things are better than on track and we hope that continues for the rest of the year but it does vary and we will not have any degree of certainty until we get the June figures. It will be early July, therefore, before I would be firm on figures but so far so good.

Banking Sector 31. Deputy Pearse Doherty asked the Minister for Finance the position regarding the review being taken by the Central Bank into the remuneration policies and practices of credit institutions; if this review will be retrospective and allow for the renegotiation of existing contracts; if he has sought information on the contracts of senior management in the banks which have received Government assistance; the liability to the Exchequer if these contracts were termin- 13 Priority 3 May 2011. Questions

[ Deputy Pearse Doherty.] ated prematurely; the liability to the Exchequer if these contracts ran their course; and if he will make a statement on the matter. [9753/11]

Deputy Michael Noonan: The Central Bank of Ireland published the findings of its review of remuneration policies and practices in a number of Irish retail banks on its website on 1 December 2010. The review assessed whether banks have changed how they remunerate employees, particularly those in senior executive positions, to reflect incoming regulatory standards and the lessons of the financial crisis. In particular, it examined if banks have ended remuneration practices which fostered inappropriate risk taking or inadequate risk management. The review found that while the majority of banks have started to reform their remuneration policies and practices, the balance of the Central Bank’s findings were discouraging. For example, there is little evidence that banks have self-consciously made a link between their risk appetite and their incentive structures exposing the banks and, by extension the State, to the consequences of inappropriate risk taking; the governance and oversight of remuneration practices is poor; and in the majority of banks, procedures to determine remuneration are not clear, well documented or internally transparent. There was little evidence of consideration of risk or collaboration with risk management functions to ensure remuneration policies are aligned with long term strategic plans. Issues identified in the review are being followed up individually with institutions by the Central Bank. Detailed EU requirements on remuneration policies in credit institutions have come into force in Irish law since 1 January 2011 through amendments made in the capital requirements directive. These obligations are supplemented by extensive guidelines issued by the Committee of European Banking Supervisors, which is now known as the European Bank- ing Authority, compliance with which will be closely monitored by the Central Bank of Ireland in assessing adherence with each institution’s legal responsibilities. Enforcement action can be taken by the Central Bank in case of non-compliance. These measures will address the significant issues disclosed in the Central Bank’s review of remuneration policies and practices which were also highlighted as significant contributors to Ireland’s banking crisis in the recent Nyb- erg report. Notwithstanding these developments, recent disclosures regarding payments made to the former managing director of AIB, highlight the serious weaknesses that continue to exist in relation to remuneration policies in the covered institutions. Following a request from my Department, the National Treasury Management Agency, which has legal responsibility for managing the State’s shareholder relationship with the banks, has recently written to the covered institutions requesting that they undertake a review of remuneration practice, that they have further discussion with the Department of Finance ahead of any commitment to additional redundancy payments and that the bank does not commit to further termination payments until the review is completed. An analysis of severance entitlements has also being requested.

Deputy Pearse Doherty: People across the country were livid when they read in the newspapers that Colm Doherty was to receive a €3-million golden handshake. The Minister himself stated that it is his intention to replace all board directors who were appointed prior to 2008. I put a question on this earlier but the Minister did not deal with it. Has the Minister got a grip on this issue? As regards those officials whose contracts he plans to terminate prematurely, has he examined the assessment of remuneration and golden handshakes to which they will be entitled? How much will the State have to pay off under those contracts? What is the position 14 Priority 3 May 2011. Questions concerning public interest directors in those banks? One of the public interest directors who was there when the package for Colm Doherty was signed up to, is a prominent member of one of the Government parties. Does the Minister agree with his colleague, the Minister for Justice and Equality, Deputy Alan Shatter, who told the recent annual meeting of the Associ- ation of Garda Sergeants and Inspectors, that bankers who caused huge losses, brought banks to the point of collapse and almost bankrupted the State, should not be rewarded? He also said that there was such a fundamental breach of contract that they should not be entitled to the rewards they are seeking. Is that the Minister for Finance’s position? Does he believe that there will be no more golden handshakes? On bankers’ remuneration, we know there is a cap of €500,000 for senior bank officials. How is it then that the CEO of Anglo Irish Bank, Mike Aynsley, received €474,000 in 2010 above that cap, bringing him total earnings of €974,000? What is the Minister prepared to do about that in future?

Deputy Michael Noonan: The Deputy has put many questions together, but they are all legitimate and fair. The former CEO of AIB had been discharged by the bank and received his severance package in November 2010 in the lifetime of the previous Government, so there was nothing this Government could do about it. We have done our best to find out the full facts of how the remuneration package was built up. While I have some of the facts, I cannot assure the House that I have the full facts at the moment. For example, even though my predecessor showed the House that the cap on Mr. Doherty’s salary was €500,000 at the time, there was also a separate stream of income contributing to his annual income. That arose from the fact that in his previous position in the bank he had exceeded his pension pot. The agreement made with him was that, rather than a stream of money being put into a pension fund which was already at full benefit, the stream was given to him by way of secondary income. That continued even though my predecessor assured the House that his maximum salary was €500,000 — which, of course, it was — but he was silent on the other stream of income which in effect was treated by the Revenue Commissioners as a second salary. It was taxed and PRSI was paid on it in the normal way. When it came to computing his severance package, there were obvious difficulties. I am not convinced that I have the full picture. Another issue which arose was that the gentleman had a long and satisfactory service in the bank. As the Deputy knows, the position historically with bank employees was that they would retire at 60 years of age. When he was made CEO of the bank his contract was not time limited, so when he ceased to be CEO his expectation as a long-time bank official was that he could continue to 60 years of age. As a consequence, he had certain rights in terms of remuneration up to 60 years of age, so the package became very large. I have announced that I want a director and management renewal programme from each of the covered institutions. I also want information about salaries, remuneration, severance packages and everything else. To be quite frank, I cannot give the Deputy assurances that there are not legal problems in restricting severance packages. When I get the information I will decide what approach to take. My position in principle, however, is that the amount of money paid to the former CEO of AIB was an absolute disgrace. It undermines any concept of social solidarity that — when we are asking the poorest people to contribute and are telling them that everybody should contribute — somebody walks away with €3.5 million.

Deputy Pearse Doherty: I note the Minister did not deal with the question on Mike Aynsley and the fact that he is receiving €974,000 above the cap.

An Leas-Cheann Comhairle: Can we have a question? 15 Priority 3 May 2011. Questions

Deputy Pearse Doherty: I already put that question. Does the Minister agree with his ministerial colleague, Deputy Shatter’s statement that these bankers are in such fundamental breach of contract as not to be entitled to the rewards they are seeking? Let us forget about the previous Minister for Finance, because the current Minister is now in charge. Will he ensure that they will not get those type of golden handshakes when he replaces them, as he has stated again on the floor of the House? He has said that he will replace all directors who were appointed prior to 2008.

Deputy Michael Noonan: In general terms I share the Deputy’s sentiments but I will not make a commitment to the House unless I know that, as Minister, I can legally fulfil it. I am examining various approaches. If one follows the Deputy’s initial remarks to their logical conclusion, concerning those who blatantly do not fulfil their contracts, then there is an argument to be made that they should be subject to dismissal rather than reasonable retirement. I intend to explore that area also.

Departmental Officials’ Remuneration 32. Deputy Shane Ross asked the Minister for Finance if he will provide the names of the most highly paid officials in his Department over the past three years; the basic salaries paid to them; the bonuses paid to them; the expenses incurred by them; the details of any bonuses not paid to top officials for which they were eligible; if officials in his Department are better paid than equivalent grades in other Departments and the reason this is so and if he will continue this practice. [9894/11]

Deputy Michael Noonan: In my Department over the past three years, the following are the highest paid officials in the Department of Finance, in addition to officials in the newly established Department of Public Expenditure and Reform.

Grade Current Salary

€ Secretary General, Department of Finance (salary on retirement — January 2010) 228,466 Secretary General, Department of Finance 228,466 Secretary General, Public Service Management Division 215,590 Secretary General, Department of Public Expenditure and Reform 200,000

In April of 2009, the then Minister for Finance asked the Review Body on Higher Remuner- ation in the Public Sector to undertake a fresh review of top level public service pay, to take account of the changed budgetary and economic circumstances, the changed private sector pay environment, and to compare pay against that of other countries of comparable scale, particularly in the eurozone. The report was published in December of 2009. Previously, the review body completed its last general review of top public service pay in September of 2007, but relevant increases recommended by that review were never implemented. As a result of its 2009 examination of top level public service pay, the review body report of 11 December 2009 recommended reductions in pay varying from 8% to 15% generally. It also recommended that there be no increases in the pay of the higher public service groups, including any adjustments that might otherwise arise under national agreements before the end of 2012. For Secretaries General, the review group recommended a reduction of 15% for level 1 Secretaries General, that is, Secretaries General of the Departments of the Taoiseach and Finance. The Secretaries General concerned volunteered to accept a reduction of 20%. This 16 Priority 3 May 2011. Questions resulted in a reduction in the salary of the Secretary General in the Department of Finance from €285,341 to €228,466 — a decrease of €56,875. This salary of €228,466 was the same as the salary for the Taoiseach. Upon receipt of the December 2009 review body report, the Government decided to introduce a new reduced pay rate for Secretaries General, level 2, appointed after 1 July 2010 to align with the then salary of a Minister. This level applies to the Secretary General, public service management division in the Department of the Finance. This resulted in a 15% reduction in salary from €253,635 to €215,590 — a decrease of €38,045.

Additional information not given on the floor of the House It should be noted that the Secretary General in the Department of Finance and the Sec- retary General, Public Service Management Division in the Department of the Finance both accepted a further voluntary reduction in their salaries, by way of a gift back to the Minister for Finance. This voluntary reduction reduces these salaries to €214,187 which is in line with other existing staff at the Secretary General, level 2, in other Departments. In order to provide an appropriate differential between levels, the Secretary General level 3 rate was also adjusted downwards for new appointees from the same date. This salary level, which applies to the grades of second secretary in the Department of Finance, was also reduced by 15% from €221,929 to €188,640 — a decrease of €33,289. The Department of Public Expenditure and Reform is currently examining the salary levels of certain Civil Service grades.

Expenses and bonuses In terms of expenses, it should be noted that the only expenses payable to the officials covered by the Deputy’s question cover work-related travel and subsistence, or recoupment of certain other expenses on a vouched basis. The information in this regard for travel and subsistence of relevant officials in the Department of Finance and the newly established Department of Public Expenditure and Reform, over a three year period, are as follows:

Grade Expenses € Secretary General, Department of Finance (until retirement in January of 2010) 0 Secretary General, Department of Finance 3,056 Secretary General, Public Service Management Division 2,376 Second Secretary 1,546 Second Secretary 32,489 Second Secretary 1,422 Secretary General, Department of Public Expenditure and Reform N/A *Department of Public Expenditure and Reform

Bonus payments are not applicable to these grades. (Schemes of performance-related awards applicable to the grades of Deputy Secretary and Assistant Secretary were terminated in 2009).

Deputy Shane Ross: I am happy if the Minister does not want to read out the figures and just replies to the substantive issues I raised.

An Leas-Cheann Comhairle: The Deputy should ask a supplementary question.

Deputy Shane Ross: Will the Minister outline details of bonuses paid to top officials and say, in particular, if they have been paid recently? Are officials in his Department paid more than those in equivalent grades in other Departments? If so, why? Will this practice continue? 17 Priority 3 May 2011. Questions

Deputy Michael Noonan: I understand that there have been Secretaries General on a finance scale, which also applied to Secretaries General of the Department of Taoiseach, and that was higher than the rate paid to other Secretaries General. However, bonuses have not been paid to these civil servants for several years. I am trying to find the reference but no bonuses have been paid.

Deputy Shane Ross: I do not understand why officials in the Department of Finance should be paid more than anybody else in the public service. The figures the Minister read out are pretty staggering even in their reduced form. Will he comment on the fact that officials in the Department, long regarded as the crème de la crème of the public service, are for some extra- ordinary reason paid more than other officials at the top level elsewhere in the public service? We need a response to that, particularly given media reports over the weekend suggesting that those who had a contrarian view to the predominant view in the Department during the property boom were silenced, their concerns were kept quiet and they were told not to raise them. Those who wished to raise them at a higher level were made to bury them and those who wanted to write articles for the newspapers had to withdraw them. We were paying these people more for results than anybody else in the public service.

An Leas-Cheann Comhairle: A question, please.

Deputy Shane Ross: Deputy Doherty raised the issue of Colm Doherty, the chief executive office of AIB, being paid outrageous amounts, which were obviously signed off by individuals at the highest level in the Department of Finance, who themselves are on this gravy train. Is the Minister satisfied with the continuing process whereby these people are paid more and, in turn, award more in redundancy payments to bankers? This circle has to be broken and a start must be made in the Department of Finance. What does the Minster intend to do about that at the top of the Department of which he is in charge?

Deputy Michael Noonan: The salary levels in the Department, according to the Department, reflect the grading structure of the Department, which, in turn, reflects the evolution of the Department over time. The structure of the Department represents the amalgamation of three separate Departments at various stages — finance, public service and economic planning and development. The structure also reflects the nature of the work undertaken by the Department, which is different. The system grew up over time. That is the position and it will change again as soon as the legislation comes in to put in place the Department of public expenditure and reform because we are dividing the Department. However, we are dealing with many historic issues and I am sure the Deputy will appreciate that. As long as I have been in politics, the Secretaries Generals and senior staff in the Departments of Finance and the Taoiseach have been on a higher rate of remuneration than their equivalents in other Departments.

Deputy Shane Ross: I have one quick supplementary question.

An Leas-Cheann Comhairle: No, I have been generous to the Deputy.

Deputy Shane Ross: It is just one sentence. These are the people who have prime responsibility for the economic collapse and these are the people who are paid most for their actual performance. Is the Minister satisfied with that?

Deputy Michael Noonan: I do not agree that they have prime responsibility for the economic collapse. All the reports into the economic collapse apportion blame across sectors from the leading politicians to the leading bankers, developers, media commentators and civil servants. 18 Priority 3 May 2011. Questions

There is a fair burden of blame. I do not want to remind the Deputy of what he wrote in 2004 and 2005.

Deputy Richard Boyd Barrett: Only the socialists called it right.

Deputy Michael Noonan: Was Deputy Ross not the man who was promoting the candidacy of Sean FitzPatrick for the board of the Central Bank?

Fiscal Policy 33. Deputy Michael McGrath asked the Minister for Finance the expected cost for the remainder of 2011 and for each of 2012 and 2013 of the planned jobs initiative; and if this cost will be met by spending cuts, tax increases or a combination of both. [9751/11]

Deputy Michael Noonan: The Government is strongly committed to implementing a jobs and growth strategy. We intend announcing a jobs initiative as committed to in the programme for Government on 10 May. I anticipate that necessary legislation to give effect to the measures outlined in the jobs initiative will be published shortly thereafter. The programme for Government sets out in broad terms the measures that will be implemented as part of this initiative. The measures are designed to lift public morale and confidence in the economy, to provide jobs, to provide suitable job placement for unemployed persons and to encourage spending by consumers. In terms of the specific detail, officials from my own and Deputy Howlin’s Department are working closely with other Departments in preparing the proposals and assessing the quantitative and qualitative impacts. As has been previously signalled, any costs arising in connection with the jobs initiative will have to be counterbalanced by the implementation of offsetting measures. This will ensure that we will continue to underpin our fiscal sustainability while also bringing forward policies to assist economic growth.

Deputy Michael McGrath: I thank the Minister for his response. As was mentioned recently, when EU and IMF officials reviewed the bailout agreement, they made it clear that any initiative would have to be revenue neutral and the Minister has referred to that. The gross costs of what is proposed are significant and I emphasise the word “gross” because we all hope the measures will be successful and that some of the gross costs will be offset by additional economic buoyancy through employment creation, which will reduce the welfare bill and increase the tax take for the State. However, the gross costs for two of the measures that have been signalled for inclusion in the jobs initiative are significant.

An Leas-Cheann Comhairle: The Deputy should ask a question.

Deputy Michael McGrath: The reduction in the lower rate of VAT between the middle of this year and the end of the 2013 will cost approximately €850 million gross and the reduction in the lower rate of PRSI will cost more than €400 million between now and the conclusion of the EU-IMF programme in 2013. Those two measures alone, therefore, have a gross cost of €1.3 billion. Hopefully the net cost will be much less but, clearly, that has to be made up. The Taoiseach recently indicated in the House that it would be by way of adjustment to internal departmental votes, which indicates that it is all spending cuts rather than any other measures. Perhaps the Minister would comment on that.

Deputy Michael Noonan: We will outline the full programme on Tuesday next. When we criticised the budget introduced by the Government, which Deputy McGrath supported, in December, we selected two areas for severe criticism. First, we indicated that the budget did 19 Priority 3 May 2011. Questions

[Deputy Michael Noonan.] very little to promote job creation. Second, we outlined that the Government was receiving the growth figure without trying to influence it. To return to our previous discussion, it is possible through policy to change patterns of growth in an economy. Our approach will be to create jobs to build up confidence and give growth. I wish the Deputy’s figures were correct but we do not have the resources to spend the kind of money to which he refers even over time.

Deputy Michael McGrath: The parliamentary question reply is from the Minister, Deputy Noonan.

Deputy Michael Noonan: We will approach it in a fiscally neutral way. Based on our more recent conversations, the agreement we have with the troika is that the span of the initiative is to become fiscally neutral by 2014. That satisfies it. We are largely talking about what was in the programme for Government. It is a readjustment of the budgetary position to focus on job creation and to try to get more growth in the economy. It is not a big Keynesian initiative. The resources are not available to drive demand in the economy by huge investment. It is just not there, so what we are trying to do is to take a situation, especially in certain sectors to see whether we can get more out of it, in terms of growth and jobs. That is the approach. It is morale boosting and confidence building rather than a huge spend for demand purposes.

Commissions of Investigation 34. Deputy Shane Ross asked the Minister for Finance the process whereby the nominees as members of the expert investigation team to assist the Nyberg Commission were made; the person who made the appointments; with whom did Mr. Nyberg consult on the appointments; on whose recommendation they were made; and the amount the team was paid collectively and individually. [9899/11]

Deputy Michael Noonan: On 7 July 2010, the previous Government announced its decision to establish a commission of investigation into the banking sector in Ireland, pursuant to the Commissions of Investigation Act 2004. The commission was formally established on 21 September 2010 by Government Order, and Mr. Peter Nyberg was appointed as the sole member of the commission. The commission reported on 22 March 2011 and its report was published on 19 April 2011. Under section 9 of the Commissions of Investigation Act 2004, the commission is independent in the performance of its functions. Part of this includes the methodologies of selection of the expert investigative team who assisted the commission. Nominations for appointment and the actual appointments to the commission were a matter for the commission of investigation itself. Section 8 of the 2004 Act requires the Minister to approve the proposed appointment by a commission of investigation of persons to advise or assist it in relation to any matter within its terms of reference. In that regard, the commission wrote to the Department proposing the appointment of individuals under section 8 of the Act. These submissions noted that sanction for the appointment of senior level investigative experts and junior level investigative experts were based on proposed maximum per diem rates, having regard to a number of factors, including the nature and complexity of the work to be undertaken and the short-term nature of the work. The amount paid to each individual varied in each case and depended on the number of days that the individual worked for the commission. It is expected, once all accounts are closed, that the aggregate figure to be paid to the sole member of the commission and those individuals engaged under section 8 of the Act will be in the region of €889,000.

20 Priority 3 May 2011. Questions

Overall, there were 21 staff members working on the commission, including Mr. Peter Nyb- erg. Five administrative staff, seconded from my Department, assisted the commission and performed back-office support for it. The cost of these staff was borne by my Department. I am satisfied that the commission acted in good faith at all times in its selection of staff and that the staff selected were appropriate for the performance of its function, especially in light of the time period the commission had to complete its report.

Deputy Shane Ross: I thank the Minister but I am afraid he has not satisfactorily answered the question. If I could specifically readdress the question to him, it was how the appointments were made and how the individuals were selected. It is reasonable to ask the question about the arrival from Finland of a man to set up a 13-person commission and how he came to assemble it, particularly when one considers the composition of the commission. What worries me is that at least eight if not ten members of the commission were current or former bankers. When one is investigating the behaviour of bankers it seems entirely inappropriate that so many of those people assisting the investigator should also be ex-bankers themselves, whatever their pedigree. At least two members had a history with AIB while other members came from other banks in the Irish system. Other members of the commission were employees of the Department of Finance.

An Leas-Cheann Comhairle: Could the Deputy ask a question please?

Deputy Shane Ross: Is it satisfactory to the Minister that a majority of those people who were advising the commission, chosen, apparently, by Mr. Peter Nyberg, should be either bankers or former officials of the Department of Finance? Is it not correct as a result that at the very least we should know how those people were chosen? What is so unsatisfactory in the response which the Minister has given — he has been fine on the detail of the sum of €889,000 and I do not have any quarrel with that — is that we are not being told who Mr. Nyberg consulted when he decided to put so many bankers on a commission to investigate the banks.

Deputy Michael Noonan: A total of 21 staff were working on the commission, including Mr. Nyberg himself, and there were five administrative staff from the Department. When Mr. Nyb- erg first took up his position the Department of Finance assisted him in the initial preparatory work upon his arrival in this country. Once formally established the commission 4o’clock recruited staff independently in accordance with the provision of section 8 of the Commissions of Investigation Act 2004. He wished to ensure that the people who assisted him had appropriate experience to address the issues in the terms of the reference which required people with expertise in banking, finance and accounting rather than lay practitioners of goodwill. The selection criteria included solid, practical, professional experience in banking, lending and credit, credit and risk management, asset liability management, general governance supervision, property market issues and accounting expertise. That kind of expertise arose from the terms of reference of the commission, which was voted through in the House. One might ask why the commission did not use a competitive tendering process. Mr. Nyberg himself decided not to pursue that route. The reasons given were the specialist subject matter of the investigation and the functions to be performed by the individuals retained, the qualification and expertise required and the short timeframe. Given that he was obliged to report within six months Mr. Nyberg did not wish to spend time in a competitive tender when he could decide himself whom he wanted to assist him in his investigation. I do not know about Mr. Nyberg’s familiarity with the country. I do not know whether he had business and banking contacts prior to his arrival. I met him on the day he presented his draft report to me. He seemed to me to be a very stable kind of man who would be a person 21 Other 3 May 2011. Questions

[Deputy Michael Noonan.] of good judgment. That is my only experience of him. He was very interesting in his analysis of what happened. A lot of people said he should have named names but if he did so the work being carried out by the Director of Public Prosecutions, the Garda Commissioner and Mr. Paul Appleby might not have been able to proceed. He stayed away completely from names lest he would prejudice any parallel investigation that was being conducted.

Deputy Shane Ross: I seek a “Yes” or “No” response from the Minister. His reply confirms my worst suspicions that it was the Department of Finance, again, which gave Mr. Nyberg the initial advice, which brings me back to my initial question, on the appointment of people from the Department of Finance, again, to sit with him on the commission and bankers. The Minister was not in office at the time. Does he not find that somewhat alarming, that it is the same insiders once again sitting in judgment on other insiders?

Deputy Michael Noonan: I do not know whether there is any basis to the Deputy’s allegation and have seen absolutely nothing to suggest what he says is correct. It is reasonable when a detailed investigation of banking files is being conducted that one should send in people who understand lending, risk and banking files. If I was sent in, I would not find my way around the files and would have no idea of what was going on and if gardaí were sent in, they would take a different line of investigation. It takes a thief to catch a thief. Therefore, we should send in a banker if we want to investigate bankers.

Other Questions

————

Euro Plus Pact 35. Deputy Richard Boyd Barrett asked the Minister for Finance the position regarding the pact for the Euro agreed at the recent meeting of EU heads of State; the implications for member States in terms of their ability to decide their own economic policy; and if he will make a statement on the matter. [6645/11]

Deputy Michael Noonan: On 25 March the European Council adopted a package of measures to respond to the crisis, preserve financial stability and lay the ground for sustainable job creating growth. The euro area Heads of State or Government also adopted the euro plus pact to complement these measures to further strengthen the economic pillar of EMU and achieve a new quality of economic policy co-ordination, with the objective of improving competitiveness and thereby leading to a higher degree of convergence. Bulgaria, Denmark, Latvia, Lithuania, Poland and Romania joined all of the euro area member states in adopting the pact. The primary focus of the euro plus pact is on areas that fall under national competence and which are of key importance in increasing competitiveness and avoiding harmful imbalances. As pointed out by the European Council, competitiveness is essential to help the European Union grow faster and more sustainably to produce higher levels of income for its citizens and preserve member states’ social models. The pact rests on four guiding rules. First, it will be in line with and strengthen the existing economic governance in the Union, while providing added value. Second, it will be focused and action oriented and will cover priority policy areas that are essential for fostering competitiveness and convergence and concentrate on actions where the competence lies with the member states. Third, each year concrete national commitments will be undertaken by each Head of State or Government and progress will be monitored on a yearly basis. Fourth, the pact will fully respect the integrity of the Single Market. 22 Other 3 May 2011. Questions

In practical terms, the central element of the pact is that every year each member state will be responsible for choosing the specific policy actions that it considers are necessary to achieve the goals of fostering competitiveness, fostering employment, contributing further to the sustainability of public finances and reinforcing financial stability. The euro plus pact is a positive development for the European Union and Ireland. We are a member of the European Union, particularly the euro area, and benefit significantly from such membership in many ways. The Union and Ireland will benefit further from co-ordinated efforts to improve competitiveness and sustainable economic and employment growth. While encouraging best practice and benchmarking, the pact is predicated on each member state taking ownership of and responsibility for its commitments and presenting the specific measures it will take to achieve the goals I have outlined. That is a sensible way to proceed and will benefit us all in the future.

Deputy Richard Boyd Barrett: The Government has rightly and justifiably criticised the previous Government for its policy failures and actions which contributed to the property bubble and crash, the banking crisis and so on. However, while the Government may be able to excuse itself from what the previous Government did, it is signing up to a pact which will be as destructive of our democratic right to control our economic policy as the IMF-EU package. The pact, essentially, hands over control of economic policy in this and every country in the European Union to the European Commission and gives it power to decide on an annual basis what it calls “country specific” policies through which it will set out in key areas of economic policy what we must do. We will have to do what is proposed and the Commission will impose penalties on us if we do not. Is this not a handing over on a permanent — not just a temporary — basis of control of key economic issues? Is it not amazing that we are doing this in a situation where the general outline of the economic priorities set out in the euro pact perpetuates the same failed economic doctrine that led to the financial crisis in Europe — a constant obsession with what Mr. Nyberg rightly called in his report the “naive belief in the efficiency of markets”? It is still all about us being forced to accept the efficiency of markets model to dictate what happens to the economy, which means austerity, cutbacks and priv- atisation.

Deputy Michael Noonan: I do not think the Deputy and I will have a fruitful interchange because our philosophic positions are diametrically opposed. The European Union is good. In general I agree with the policies being pursued and believe the future of our citizens lies in being at the heart of the European Union. I am not alone in thinking this. The Deputy will have noticed that when the socialist experiment failed in eastern Europe, everybody there queued quickly to join the European Union. They have now all joined. The same is happening in North Africa where we have the Arab Spring and democracy is breaking out at long last in Arab states. The secondary objective is to have democratic governments and join the European Union or have trade relationships with it as quickly as possible. I do not agree with the premise that underpins the Deputy’s question. The objectives I set out are ones to which we should subscribe because they are the route back to full employment, economic growth and a good lifestyle for the people.

Deputy Richard Boyd Barrett: I supported the revolution that led to the overthrow of the dictatorships in eastern Europe and support the democratic revolutions in the Arab world. It is precisely because of my commitment to democracy that I am worried about the pact for the euro, on which the Minister has not responded. This is not about his view of my ideological position but about whether there is a recognition on his part or on that of the European Union of the key responsibility for a particular economic philosophy that let the banks to run riot and 23 Other 3 May 2011. Questions

[Deputy Richard Boyd Barrett.] cause the economic crisis. It is not me who is saying this but Mr. Nyberg who said the financial crisis resulted substantially from the naive belief in the efficiency of markets. Why are we signing up to a pact that will lock in and copperfasten the naive belief in the efficiency of markets to the economic perspective of the European Union and which will force us, regardless of what the Government or the people think, to subscribe to that doctrine, particularly given its role in causing the financial crisis?

Deputy Pearse Doherty: The Minister has said the Government supports the pact for the euro. Does he support wholeheartedly the pact which states the European Commission will impose financial sanctions on member states which cannot meet the debt to GDP ratio? Has he asked his Department to carry out any risk assessment of the cost to the State if we cannot meet the targets set under the pact? Under the pact debt sustainability will be monitored and if it is recognised that a country is not on the pathway to debt sustainability, creditors will be engaged with. Twelve days ago the Minister rightly was bullish when Irish sovereign debt yields — the Irish sovereign debt ten year bonds — were starting to decrease. However, he must acknowledge that the percentage figure is now at 10.4% or 10.5%. It is higher than it ever was. The markets are telling us that we are on a collision course with debt unsustainability. Should we not look at the pact and seek to have our debt renegotiated now, instead of waiting to post the date set down in the pact? Has the Minister carried out that assessment of the financial sections?

Deputy Michael Noonan: The Deputy has introduced a different set of issues. The pact has four objectives. It wants to foster competitiveness; I see nothing wrong with that from a citizen’s point of view or from the economy’s point of view. As its second objective it wants to foster employment; I do not see any problem with that. Does anyone in the House see a problem with that?

Deputy Richard Boyd Barrett: Was competitiveness not responsible for the banking crisis?

An Leas-Cheann Comhairle: An tAire without interruption.

Deputy Michael Noonan: The third objective is that the pact will contribute further to the sustainability of the public finances. Every time Deputy Doherty gets up to speak he lectures me on sustainability so I cannot see how he could have any problem with that objective of the pact. The fourth objective of the pact is to reinforce financial stability. I cannot see why everyone in this House cannot sign up to the four objectives of the pact because they seem to be very reasonable objectives.

Deputy Richard Boyd Barrett: People’s wages.

Deputy Michael Noonan: Achieving them might be a harder day’s work but as objectives they should be fine by all of us.

Bank Guarantee Scheme 36. Deputy Michael Colreavy asked the Minister for Finance the job description and scope of work given to each of the public interest directors appointed by the State to banks which have received State assistance; and if he will make a statement on the matter. [9668/11]

Deputy Michael Noonan: As the Deputy will be aware, under the terms of the Credit Insti- tutions (Financial Support) Scheme 2008, domestic credit institutions benefiting from the State 24 Other 3 May 2011. Questions guarantee were required at the direction of the Minister for Finance to appoint up to two non- executive directors to promote the public interest. The legal position is that any director appointed to the board of the covered institutions, whether under the CIFS scheme or otherwise, is subject to the requirements of company law in the discharge of his or her responsibilities as a company director. As such, the director is legally bound to act in what he or she believes are the interests of the separate legal entity that is the institution itself. These are the director’s so-called fiduciary responsibilities. I understand that in addition to their other experiences, the public interest directors currently on the boards of the covered institutions were nominated by my predecessor on the basis of the Minister’s assessment of their civic mindedness and sense of where the public interest lies to inform their view of what was in the institution’s interest. I am advised that the Department of Finance held generic briefing sessions on the CIFS scheme in general and on the fiduciary duties of non-executive directors for individuals on the panel from which the covered institutions appointed public interest directors but that there was no job description or scope of work set out for them as this, as I have outlined, was determined under company law. In addition, for this reason public interest directors did not have a formal reporting relationship to the Minister or to the Department of Finance. In light of the foregoing and the scope for actual and perceived conflicts between the fiduciary duties of the directors of financial institutions under company law and the wider public interest in circumstances that those institutions have received huge financial support from the State, it is essential to bring legal clarity not just to the role of the public interest directors but to that of the entire boards of those institutions. Section 48 of the Credit Institutions (Stabilisation) Act, therefore, provides that the overriding duty of directors of the covered institutions relates to the public interest as set out in the Act. As Minister for Finance, I am strongly committed to ensuring that the boards of the covered institutions act at all times in a manner fully consistent with key public interest objectives for the banking sector. This will be a major element of my assessment of the board renewal programme that I have recently sought from the covered institutions.

Deputy Pearse Doherty: Gabhaim buíochas leis an Aire for his response. Has he personally spoken to any of the public interest directors in the banks covered by the State guarantee and that are being supported by State funds? In particular has he called in the AIB public interest directors to ask them what they were doing when they allowed a package to be signed off under their watch allowing Colm Doherty to get a €3 million golden handshake? Does the Minister believe that Dick Spring, one of those public interest directors, is fit for the job to which he was appointed by the previous Minister for Finance? Will these public interest directors be reviewed in the same way that the other bank directors will be reviewed? The Minister should at least call them in and ask them to be held accountable. As the Minister said their primary interest is the public interest. Has he questioned them as to how they fulfilled the public interest when they agreed to sign off on the type of severance package handed over to Colm Doherty?

Deputy Michael Noonan: The primary duty and responsibility of the public interest directors as well as all the other directors are to ensure that the institution on whose board they serve is run properly and appropriately. Their primary responsibility, regardless of their title, is to the institution on whose board they serve. Is Dick Spring a suitable person to be the director of a board in the public interest or otherwise? Of course he is. Dick Spring has a very long record in this House. He has a very strong record as a Minister and as Tánaiste, and he has a very strong record in business and as a member of the legal profession. He is well fit to be—— 25 Other 3 May 2011. Questions

Deputy Pearse Doherty: Was Colm Doherty’s severance package——

An Leas-Cheann Comhairle: Deputy, please.

Deputy Michael Noonan: He is well fit to be a member of the board. Have I called in public interest directors and talked to them separately? No, because it would be inappropriate for me to do so. They do not report to the Minister for Finance or to the Department of Finance. Their responsibility under company law is to the institution on whose board they serve. I work with these covered institutions through the chairpersons of the boards and that is my point of contact. If I want to see the board or individual directors, I will meet the board in its totality. I will not pick out individual directors and call them in for some kind of reprimand when I do not have a legal leg on which to stand to make any suggestion to them whatsoever. I believe it is inappropriate to go after individuals. We do not know what position the former Deputy, Mr. Spring, or any other director took on any particular issue at the board. The Deputy should be careful not to make statements even under privilege of the House unless he is sure of the position.

Deputy Pearse Doherty: I asked the Minister to state his position as to whether he believed the public interest directors in AIB were fit for their position, because under their watch they signed off on a severance package that allowed the taxpayers to pay Colm Doherty €3 million. As the public interest directors have a different role from that of the other directors of the bank, does the Minister for Finance, as the person who will appoint public interest directors in the future, have the power to call in these public interest directors to ask them what is happening with severance packages in the bank?

Deputy Michael McGrath: The Minister has made it clear that there is no formal or informal reporting relationship in place between the public interest directors and the Minister. Many people will find that strange. Does he have no direct contact whatsoever with those public interest directors as individuals and if not does he intend to introduce more formal arrangements between him, as Minister, and these directors who were appointed to represent the interests of the State and the citizen?

Deputy Michael Noonan: My predecessor appointed all the public interest directors and he had the same relationship with them as I have. Their job under company law is to bear in mind the interest of the institution on whose boards they serve. That is their priority, but there is no reporting back. When they are considering a particular issue at board level, as well as making the decision in the interest of the bank they are obliged to ask what would be in the interest of the public. However, they are not subject to direction from the Minister or the Department on that. They are independent, as are all directors in accordance with company law. That is their fiduciary position. Deputy Doherty’s very legitimately asked how long the directors would remain in place and what is the situation for appointments. First, I will seek a renewal programme from each of the chairpersons and I have asked in the first instance to bring that up to the night of the infamous guarantee in 2008. That will be one part of it. The regulator, Mr. Elderfield, is writing or has written to all directors and effectively advised them that he will adjudicate on their suitability to be directors based on their knowledge of banking and financial affairs. That process will terminate in January 2012. What I am doing takes it up to 2008 and what he is doing takes it into the area of the new directors. We will wait to see what happens. With the exception of Bank of Ireland, the State is now the majority shareholder in all the other banks. As majority shareholder, I can instruct how shareholders vote at the annual 26 Leaders’ 3 May 2011. Questions general meeting. If all else fails, I can refuse to exercise the voting rights of the shares to put any director back in place at the AGM.

Deputy Pearse Doherty: Does the Minister have the power to call in the public interest directors?

An Leas-Cheann Comhairle: That concludes Question Time.

Written Answers follow Adjournment Debate.

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 Michael Healy-Rae — the need to reintroduce the excise duty rebate in respect of diesel to coach operators; (2) Deputy Mattie McGrath — the impact of the changes made in budget 2011 to the primary school transport scheme; (3) Deputy Joe Higgins — the plans to reduce accident and emergency hours at James Connolly Memorial Hospital, Blanchardstown, Dublin; (4) Deputy Ray Butler — the security measures being put in place for the visits of Queen Elizabeth II and President Obama, particularly in view of a pipe bomb having being found last week in Trim, County Meath; and (5) Deputy Joe Costello — the export of Irish greyhounds to the People’s Republic of China. The matters raised by Deputies Mattie McGrath, Ray Butler, Joe Costello and Joe Higgins have been selected for discussion.

Leaders’ Questions Deputy Micheál Martin: The Taoiseach will be aware of the latest data showing manufacturing activity continues to grow and has just reached its second highest level in 11 years. At the same time, the enterprise agencies are reporting a very strong pipeline of investment projects, some of which have already been announced. Following the practice of his predecessor, will the Taoiseach use his visit to New York to talk to important members of the business community about Ireland’s economic message? Given the strength of inward investment and the support American companies have shown for Ireland in recent months and years, it is clear they already know Ireland is open for business. Of critical concern to those companies in terms of job creation are the question of corporation tax and the broader issue of the harmonisation of taxes across the European Union. Given the clarity of the policy on corporation tax, the rate of which is accepted at this stage, will the Taoiseach use his visit tomorrow to state clearly Ireland will not accept any proposals on the tax base that would have the effect of increasing the taxes payable by companies that have invested here and which are investing here? Will he ascertain the latest position on Pres- ident Obama’s Administration’s tax policy on US multinationals’ overseas activities?

The Taoiseach: The Deputy states the obvious in stating exports have been running at a surplus for 21 months and that the interest in investment in this country is still exceptionally high. I heard first-hand evidence of this when speaking to a significant number of business interests in Washington during St. Patrick’s week, as did the Tánaiste and Minister for Foreign Affairs and Trade, Deputy Gilmore, in New York. It is indicative of the fact that countries are in a position to buy products coming from Ireland. I stated previously that Intel, one of the leading companies in the world, is currently spending €0.5 billion on expanding its plant in Leixlip to be in a position to compete for the next wave of fabrication investment. This will 27 Leaders’ 3 May 2011. Questions

[The Taoiseach.] have a direct spin-off effect on Irish industries capable of meeting the very stringent demands associated with elements of the service industry in this regard. The Deputy is aware that the European Commission has legal responsibility to produce legislation. The legislation on the common consolidated corporate tax base has been produced and Ireland will obviously participate in the discussions, albeit against a background of healthy scepticism suggesting a common base would be bad not only for Ireland but also for Europe. I will make my case based on that fact. The Deputy, as a former Minister for Foreign Affairs, is aware, as am I, of what this means for Ireland. It would represent a massive breach of trust. I raised the question of the US Administration’s view on taxation when I was in Washington. While I cannot speak for President Obama’s Administration or the Republican Party, I do not see this as being a priority for either. The view that Ireland is some kind of tax haven has been dealt with, including by the former Government, and cleared up a number of years ago. This is still the position.

Deputy Micheál Martin: Over the past week, Ministers appear to have been sent out daily to brief journalists on the likely contents of the forthcoming jobs initiative. In fairness, the programme for Government did promise a new approach to discussing budgets before publication. This is well under way. The Taoiseach admitted that the Government had over-hyped the jobs budget promised in a wide range of pre-election documents. We were led to believe a definite economic stimulus would be provided when the Government entered office but it is now to be a revenue-neutral initiative. It appears from what can be read from the spin of ministerial leaks that a number of the specific initiatives to be announced next week involve renouncing and rebranding initiatives that are already under way. For example, the smart grid strategic research cluster——

An Ceann Comhairle: These are supplementary questions.

Deputy Micheál Martin: I am just coming to my question. Will the Taoiseach instruct his Ministers to commit to publishing, in the documents that will be issued next week supporting the jobs initiative, details of all activities that have already been planned and those that are to be stopped in order to fund the initiative itself?

The Taoiseach: It is perfectly obvious that jobs, job creation and an injection of confidence into the indigenous economy must be and are a priority of the Government. That is why the jobs initiative will be announced by the Minister for Finance in the House on Tuesday, 10 May. Given that the rate of unemployment is over 14% and that 440,000 are on the live register, we have tried, within the constraints imposed on the country through the IMF-EU deal, to provide an incentive, encouragement and a boost of confidence for employers to hire new workers and expand their businesses, and the elements that will allow this to happen. I have been surprised at the range of ideas — some were very workable and credible and others were not — that have been flooding in from various sectors throughout the country. The Minister for Finance will give the full details on the jobs initiative to the House next Tuesday and we will have an opportunity to discuss it. I make no bones about the fact that it will not sort out Ireland’s unemployment problem overnight. The intention is to provide, within the existing constraints, confidence that will stimulate interest, growth, jobs and opportunities in the economy. All the details will be available next Tuesday.

Deputy Mary Lou McDonald: I am sure the Taoiseach will join me in commending the emergency services whose members spent last weekend fighting gorse fires that threatened farmland and family homes. I have no doubt their sterling work has saved lives. It is ironic that 28 Leaders’ 3 May 2011. Questions we see such work being done at a time when the public sector and public servants are under threat from the Taoiseach’s Administration. The Taoiseach mentioned the growth in exports. The Department of Finance, in its latest economic update for the European Commission, states starkly the Government has achieved a growth rate as near to zero as one could get. The unemployment rate is at crisis point, as the Taoiseach concedes, and the domestic economy is in a mess. We still pump expensive money into Anglo Irish Bank. Although the writing is on the wall and it is now very apparent the austerity approach is not working and will not work, the Government refuses to wake up and smell the coffee. The Taoiseach now tells us there will be a jobs initiative. The language being used in respect of the budget is interesting; we are told it will be fiscally neutral, or revenue neutral, and that there will also be counterbalancing measures to give it life. Will the Taoiseach shed some light on this? How does he propose to invest in a serious jobs strategy? What cutbacks or taxation increases does he envisage to facilitate the jobs initiative? If the Taoiseach wishes to talk about confidence and morale in the country, will he at some point consider that the economic strategy of cutbacks and deflation, so ably passed into his hands by the previous Administration, has not worked and will not?

The Taoiseach: I am sure the Deputy will join me in condemning what appears to be deliberate arson attacks by a person or persons unknown in various locations throughout the country. Vegetation was destroyed as a result of the frost last winter and the current dry weather, so with the strong breeze these fires have become quite dangerous. I spoke to the Minister for the Environment, Heritage and Local Government and he was in constant touch with the emergency officer in the Department and with the fire officers and emergency services in the counties affected. I commend the work of all involved in the emergency services, particularly on evacuating people to safety from houses in Donegal. I also commend the farming community for lending equipment such as slurry tanks and so forth to assist in putting out the fires. The emergency services also assisted with helicopters. In Ireland, people are accustomed to praying for fine weather or for rain according to the seasons. The rain that is threatened for the weekend might well be a benefit in quenching the fires that continue to burn at higher levels on our mountains. The jobs initiative will be introduced by the Minister for Finance in the Dáil next Tuesday. It will be fiscally neutral. At a time such as this I would love to be in a position to reel out to the nation the benefit of what could be spent of the €3 billion commitment arising from the promissory note to Anglo Irish Bank and Irish Nationwide Building Society, INBS, for each of the next ten years, but that is the situation we are in. Given that constraint on the Government, the Minister for Finance will introduce a jobs initiative that will be fiscally neutral. He will point out how adjustments and payments can be made for the initiative. I hope that in the ensuing debate Members will dwell on the reality, and not theory, of what we can actually do. I hope the package being put together will bring about an understanding of our current position and the truth of the scale of the problem, but within that the opportunity for providing careers and employment, for taking on new workers and for retraining. All these areas will be covered in the Minister’s statement on Tuesday and the House will have the opportunity to debate it in due course.

Deputy Mary Lou McDonald: In that reality, of course, the decision to pump those billions into Anglo Irish Bank, which the Taoiseach has supported, is not fiscally neutral. The Taoiseach said adjustments will be made. I discern from this that we face further cutbacks in order to give life to this jobs initiative. Can he confirm that? The Taoiseach appears to be hiding behind language. When all the evidence suggests that the deflationary cutback model has failed and 29 Leaders’ 3 May 2011. Questions

[Deputy Mary Lou McDonald.] not proved to be a remedy for our unemployment problem, it is ironic that the Taoiseach would seek to introduce a jobs initiative based on that same deflationary approach.

The Taoiseach: I would not get carried away with what the Deputy discerns from my words. A total of €6 billion is being taken out of the economy in 2011 and obviously that is not all about growth and productivity. This is the first Government in the history of the State to initiate a serious, comprehensive analysis of how taxpayers’ money is spent. That will conclude in September, when the Government and the people will know the true scale of the analysis. We are pursuing the elimination of waste, duplication and triplication. There has been allocations of money and nobody knows where it went; we are having difficulty tracing it. There are huge amounts in some Departments. All of this must be dealt with as it is important in the context of the Government and the Minister for Finance looking at the bigger picture and examining the efficiency of spending at the conclusion of the review in September. The situation in which the country finds itself is challenging, but not hopeless. As a public representative I meet people throughout the country and they have a yearning to get through this recession. However, they want the truth about the scale of the reality we face so the Government can sort it out, and they are willing to help in that provided their contribution is recognised and is fair. When the Minister for Finance outlines the jobs initiative on Tuesday, the Government intends to stimulate the indigenous economy so it can complement what is happening in the export sector, where productivity is high and exports have been running a surplus for 21 months. The first semblance of external confidence is in that sector. It is not the way one would wish to be in Government but that is the challenge we have accepted. We will meet it and overcome it by working with our people to come through this with a much leaner, more efficient process of doing business in Ireland. That message must be conveyed throughout the world for the benefit of everybody, both at home and abroad.

Deputy Shane Ross: I congratulate the Taoiseach on the marriage last Friday of one of his Ministers of State, who is seated behind him, to a Member of the Upper House. I hope she will not have any divided loyalties when she is obliged to vote for the abolition by referendum of the House of which her husband is a Member. The second congratulations I wish to extend to the Taoiseach is on a serious matter. I congratulate him on what occurred during the recess when he met the Chief Justice, who presum- ably had come to request something of him. He was sent off with a referendum in his pocket. That was most welcome. It was appropriate that the Taoiseach should address that issue by promising a referendum on the position of the Judiciary and why judges have such a special position of privilege in the Constitution, particularly in view of their salaries. In view of the commendable reform he has announced regarding State appointments, although he has not gone nearly far enough, I ask the Taoiseach to follow up on that by examining more seriously the appointment of members of the Judiciary. Appointment to the Judiciary is another area that is blatantly political. I do not know if Members of the House know how judges are appointed but the judicial advisory board, which is stuffed with political appointees, makes recommendations to the Government on the appointment of all members of the Judiciary.

An Ceann Comhairle: Does the Deputy have a question?

Deputy Shane Ross: In view of the fact that the Government makes each appointment after seven names are submitted to it, would the Taoiseach consider introducing similar reforms in the appointment of members of the Judiciary to those he has promised to introduce in the case 30 Leaders’ 3 May 2011. Questions of appointments to other State bodies? In other words, will he allow those whom he and the Government propose to put on the Bench to be put before the cameras and the Oireachtas committees?

The Taoiseach: I join Deputy Ross in congratulating the Minister of State, Deputy Lucinda Creighton, on her marriage to Senator Paul Bradford. I wish them well for the future. There is no point of contention about that.

Deputy Shane Ross: She did not invite a Member of the Technical Group to the wedding.

Deputy Eamonn Maloney: It was a happy affair.

The Taoiseach: If Deputy Ross ever has the opportunity to serve in government——

Deputy Shane Ross: One day.

The Taoiseach: ——he will discover that the process of sanctioning persons for appointment to the Judiciary is by way of Cabinet approval of recommendations put forward by the Minister for Justice and Equality. When the rainbow coalition was in government several years ago, the Judicial Appointments Advisory Board was established to bring some form of process into being. The appointment of judges is an extremely serious matter, particularly in the context of their independence from the Executive and in light of the job with which they are charged. It is clear that there is need for sensitivity with regard to how the process to which I refer operates. As Deputy Ross is aware, members of the Cabinet do not know the names of persons to be nominated as judges until these are produced by the Minister for Justice and Equality of the day. Rather than having a situation where names are being bandied about in public and where there might be comment on the qualifications or otherwise of particular individuals, the position is that the Judicial Appointments Advisory Board makes a recommendation and this is discussed by the Attorney General and the Minister for Justice and Equality, who then brings a nomination to the Cabinet for approval.

Deputy Shane Ross: Is the Taoiseach satisfied that there are ten members on the Judicial Appointments Advisory Board? Without going into the details relating to the entire board, I point out that three of the members are known as lay members. These three members of the board have retired and this has resulted in a corresponding number of vacancies. When it was in office, the previous Government filled such vacancies by appointing a person who previously served as Fianna Fáil’s director of elections in Dún Laoghaire and another——

Deputy Pat Rabbitte: I do not believe it.

(Interruptions).

Deputy Shane Ross: ——who previously ran as a Fianna Fáil candidate for election to Europe.

Deputy Ciarán Lynch: An agent provocateur.

Deputy Shane Ross: I did not have time to research the third person put forward for appointment but I suspect that individual possesses similar credentials to the other two. Will the Taoiseach provide an assurance that he will not fill the vacancies to which I refer with the same political bias as that displayed by his predecessors?

Deputy Pat Rabbitte: They will not be filled by the same three individuals in any event. 31 Order of 3 May 2011. Business

(Interruptions).

The Taoiseach: I assure the Deputy that I have no intention of appointing the Fianna Fáil director of elections to any position.

(Interruptions).

An Ceann Comhairle: We must proceed to the Order of Business.

Order of Business The Taoiseach: It is proposed to take No. 5, statements on suicide prevention (resumed). It is also proposed, not notwithstanding anything in Standing Orders, that the Dáil on its rising today shall adjourn until 1.30 p.m. tomorrow and the following arrangements shall apply: there shall be no suspension of sitting under Standing Order 23 (1); and questions for oral answer to other members of the Government shall be taken on the conclusion of questions for oral answer to the Taoiseach and shall conclude after 75 minutes. Private Members’ Business shall be No. 18, motion re residential mortgage debt.

An Ceann Comhairle: There is one proposal to be put to the House. Is the proposal for the sitting and business of the Dáil tomorrow agreed to? Agreed.

Deputy Joe Higgins: A Cheann Comhairle——

An Ceann Comhairle: What can I do for the Deputy?

Deputy Joe Higgins: Did the Taoiseach state that on its rising today the Dáil shall adjourn until 1.30 p.m. tomorrow?

An Ceann Comhairle: That is correct. It is to facilitate those attending the commemoration at Arbour Hill.

Deputy Joe Higgins: Could we have an explanation from the Taoiseach?

An Ceann Comhairle: Traditionally, the House commences business late on the day of the commemoration.

Deputy Pat Rabbitte: It is to commemorate the 1916 Rising.

An Ceann Comhairle: To facilitate Members who wish to attend the 1916 commemoration at Arbour Hill, it is traditional that the House does not sit until 1.30 p.m.

Deputy Pat Rabbitte: Deputy Higgins should note that it is to commemorate those who were shot after the Rising.

(Interruptions).

Deputy Paul Kehoe: Deputy Higgins was away in Europe for the past few years and probably does not recall the tradition.

Deputy Micheál Martin: On behalf of my party, I warmly congratulate the Minister of State at the Department of the Taoiseach, Deputy Creighton, on her marriage to a colleague from Cork, Senator Bradford. The Minister of State has displayed discerning acumen and taste in terms of moving south to choose a valued partner. 32 Order of 3 May 2011. Business

Judging from replies given on Leaders’ Questions, I suspect it might be some time before we deal with the issue relating to the Seanad. However, we will contemplate that matter in the context of the constitutional convention. On the programme for Government — which contains a commitment regarding the abolition of the Seanad — when the Taoiseach served as leader of the Opposition one of his favourite themes was a call for the Irish diaspora to be represented in the list of Taoiseach’s nominees to the Upper House. In the context of the future of the Seanad, this is a call with which I strongly agree. Having established the Global Irish Network in the aftermath of the Farmleigh summit, I am of the view that one of our greatest competitive advantages is our diaspora. With increased global connectivity——

Deputy Emmet Stagg: The Deputy did not make this suggestion previously.

Deputy Micheál Martin: I did.

Deputy Emmet Stagg: No, he did not.

(Interruptions).

Deputy Micheál Martin: In light of increased global connectivity, the time is right to formalise its strategic importance to the country. Bestowing upon it formal representation in Seanad Éireann would do that. Given the huge majority the Government will enjoy in the Upper House, I make this constructive suggestion in a positive way. In light of the Taoiseach’s visit to the United States tomorrow, even the intention to make such a move would be well received.

The Taoiseach: This is a matter to which I will give consideration. Deputy Martin will recall that when former Senator Jim Higgins was to retire from the Seanad on his election to Europe, he wanted to do so on the basis that his position would go to someone representing the diaspora. The difficulty was that the groups and organisations which represent the diaspora did not appear to be able to agree on a suitable person for nomination. It is obvious that complications would arise if an individual put forward to represent the diaspora lived in Auckland or Mel- bourne. This is a matter which warrants consideration. However, questions arise as to how to proceed.

Deputy Mary Lou McDonald: I do not believe the Taoiseach would be obliged to go as far as Auckland or Melbourne to find a person to represent the Irish diaspora. Perhaps he might bear in mind those in Britain, for example, who work on behalf of members of the diaspora who have not been so fortunate and who have not experienced the major successes enjoyed by others. I take this opportunity to congratulate the Minister of State at the Department of the Taoiseach, Deputy Creighton, on her marriage and I wish her well. Tomorrow, the House is due to take statements on the revised memorandum of understanding with the EU and the IMF. It is good that time is being made available for such statements. However, I notice it is not envisaged that the House will vote on the subject. It is ridiculous that we are due to make statements on a document that has not yet been published. Others elsewhere have had sight of this document but the House has not. I previously inquired of the Taoiseach in respect of this matter, particularly in the context of the publication of the memorandum of understanding. I put it to him that he is asking the House to take statements on a document which Members have not seen. That does not make sense. Will the Taoiseach indicate why he is resisting taking a vote in respect of this matter? 33 Order of 3 May 2011. Business

The Taoiseach: I share the Deputy’s view with regard to people working in Britain and elsewhere who have a clear understanding of the sensitivities relating to the diaspora and to the needs of its members. On my recent visit to England, I had the opportunity to visit Crickle- wood and Kilburn. While there, I met those involved with the Safe Start Foundation and with the centre for the homeless in Cricklewood. I also met many of the former Irish navvies who are now resident at the centre. I appreciate the difficulties many of these individuals have experienced. There was never agreement in respect of having a vote on the debate relating to the EU- IMF programme. The memorandum of understanding has not yet been published because various matters have not yet been agreed by the European Union. It is expected that the matters to which I refer will be agreed towards the end of this month. When the memorandum is published, the House can, as agreed, engage in a further debate on the matter.

Deputy Joe Higgins: When the Taoiseach visits Arbour Hill tomorrow, perhaps he will reflect on what great people such as James Connolly might think about the Government saddling our people with the debts of foreign bankers.

An Ceann Comhairle: Perhaps the Deputy might stick to asking a question about legislation.

Deputy Joe Higgins: In today’s Irish Independent, a senior Government source is quoted as stating categorically that flat-rate water charges will be introduced in 2012 and that these are part of the EU-IMF deal. There is reference to households being obliged to pay €175 per annum in this regard. Is it the Government’s intention to bring legislation before the House to impose this new burden on working people as part of the bailout of foreign banks? When does the Government intend to do this?

The Taoiseach: Clearly, the Deputy does not read his post; otherwise he would not have missed the notice that the Arbour Hill commemoration is being held tomorrow. I hope he will be present for what will be a fine commemorative ceremony.

Deputy Joe Higgins: On principle, I do not stand shoulder to shoulder with people who have sold out the working class. It would be an insult to the memory of James Connolly to stand beside the Taoiseach and his colleagues. That is why I am not attending.

An Ceann Comhairle: Will the Deputy, please, resume his seat?

The Taoiseach: The Deputy did not seem to know that it was being held when he asked the question about the Dáil resuming at 1.30 p.m. Even he cannot be in two places at the same time.

Deputy Joe Higgins: I consider it of no importance that the Taoiseach is attending.

The Taoiseach: On the matter of water meters and a charge of €175, it is just speculation. The Minister for the Environment, Community and Local Government is dealing with the matter and will report to the House in due course.

Deputy Michael McCarthy: The national tourism development authority Bill will allow the Oireachtas to make moneys available to Fáilte Ireland for capital projects. Given the significance of the tourism industry and the imminent arrival of President Obama and the Queen of England, when can we hope to see the Bill before the House?

The Taoiseach: This is an important Bill. The Deputy is right — tourism is of central importance in job creation and providing a stimulus for the economy. It is expected the Bill will be published before the end of June. 34 Order of 3 May 2011. Business

Deputy Joan Collins: Does the Taoiseach agree that it is absolutely necessary to have a debate in the Dáil in the next few days on the recent revelations about the children’s hospitals in Crumlin, Temple Street and Tallaght? The theatres in these hospitals have been underused. The Meridian report, commissioned by the HSE, has not yet been released. Ten beds in St. Joseph’s Ward have been closed in the children’s hospital in Crumlin. Ten beds have also been closed in St. Brigid’s cardiac unit in the same hospital. There is an urgent need, therefore, for a debate on these issues in the House in the next few days.

The Taoiseach: Health debates are always of considerable importance in the House. I have favoured holding such debates during the years. However, the business to be conducted this week has been fixed. The Deputy could seek to raise the issue on the Adjournment or, through the Technical Group, she could raise it with the Whips for consideration in the House. The issues raised are important, which is why the Minister for Health and Children is working towards changing the structure and the way we deliver health services for all of the people.

Deputy Thomas Pringle: I see in the media that it is proposed that the Dáil should sit next Monday, Europe Day, to discuss membership of the European Union. Has this sitting been planned? Does the Taoiseach find it acceptable that we should read about it in the media rather than here in the House?

The Taoiseach: This suggestion has been promoted by the Minister of State at the Depart- ment of Foreign Affairs, Deputy Lucinda Creighton. Europe Day is 9 May and it is to the credit of the Ceann Comhairle that he has allowed MEPs an opportunity to attend the House for a discussion on European issues. This is important because a significant volume of legislation begins in the European Commission and passes through the European Parliament. The question of co-responsibility between the Council of Ministers and the European Parliament is very relevant in Ireland’s case. I am not sure where I read about it, but there has been talk about this suggestion for some time. I look forward to the Deputy’s attendance and participation next Monday.

Deputy Simon Harris: In the programme for Government there is a welcome commitment to publishing a realistic implementation plan for the national disability strategy. The programme also mentions the importance of having whole Government involvement and wide- spread consultation. With this in mind, will the Taoiseach consider providing time in the House for a debate on the national disability strategy in order that Members on all sides can express their views on how best to proceed with it?

The Taoiseach: I will. The Minister of State, Deputy Kathleen Lynch, is taking the matter seriously. It is a question of having sufficient time for a real debate on the issues involved. The Government Chief Whip will raise the matter at the Whips’ meeting.

An Ceann Comhairle: I must remind the House that seeking a debate is not in order on the Order of Business — whether a debate has been promised is the issue. If Members want to seek a debate, they should use the Whip system.

Deputy Richard Boyd Barrett: I would like to press the Taoiseach on whether there will be a debate——

An Ceann Comhairle: The Deputy cannot press him on anything. I have just made it quite clear that questions must be related to promised legislation.

35 Order of 3 May 2011. Business

Deputy Richard Boyd Barrett: Has a debate been promised on the health service, given the long overdue decision of the Minister to get rid of the HSE board which has made such a mess of the health service? Following that decision and the news a few days later that waiting lists were increasing again, will there be a debate on the escalating crisis in the health service?

An Ceann Comhairle: The Deputy is totally out of order. Deputy Catherine Murphy is the Whip and is excellent at her job. I suggest the Deputy have a long chat with her about seeking a debate.

Deputy Thomas P. Broughan: Now that the board of the HSE has been stood down, is it intended to bring forward legislation to ratify what has happened? Under what legislation are health services now operating and reporting to the Minister? Is there legislation in place which facilitates what the Minister has done?

The Taoiseach: The Minister will appoint an interim board, pending the introduction of legislation that will provide a statutory base for the changed structure of the HSE. Work will now proceed on that legislation.

Deputy Micheál Martin: The announcement on business on Monday next was made during Easter Week. Clearly, the Minister of State was extremely busy at the time. We welcome the holding of the special session in the Dáil. The programme for Government states a Europe Day debate will be held and I welcome the fact that European parliamentarians and the European Commissioner will have an opportunity to speak. However, the specific format of the debate was decided upon without consultation with the Opposition Whips. That is not right. Before the end of the week consultations should take place between the Government Chief Whip and Opposition Whips on the format to be used. We have been involved in these European issues. However, the format of the debate will impact on how we do business in the House. The programme for Government states there will be cross-party negotiations on the format of the debate.

The Taoiseach: The Minister of State, Deputy Lucinda Creighton, informed me of her inten- tions a few weeks ago and I supported her fully. I understand the matter was raised at the Whips’ meeting and that Members were informed by the Government. Was Deputy Catherine Murphy present?

Deputy Catherine Murphy: I was.

The Taoiseach: There seems to be a contradiction. I am informed that the issue was raised and that Members were informed about it. That was the time to raise questions about the format.

Deputy Mick Wallace: Given that legislation on the future of the Seanad has been promised and given that we all acknowledge the Seanad is not representative of the people, will the Taoiseach considering appointing a representative of the Traveller community?

An Ceann Comhairle: That is not a matter for the Order of Business.

Deputy Michael McGrath: Following the announcement of the jobs initiative next week, how quickly will we see the finance (No. 2) Bill to give effect to some of the measures to be announced such as VAT and PRSI reductions? When does the Taoiseach expect these measures to take effect? Will they take effect immediately? 36 Suicide Prevention: 3 May 2011. Statements

The Taoiseach: The Minister informs that it will happen soon afterwards. I cannot give an exact date.

Suicide Prevention: Statements (Resumed) An Ceann Comhairle: Deputy Connaughton is sharing time with Deputies Mulherin and Kyne.

Deputy Paul J. Connaughton: I thank the Ceann Comhairle for the opportunity to make a statement on suicide prevention. There simply is not enough time in the five minutes allowed to speakers to go over all the specifics and complexity of this immense issue. Suicide is an area of great interest to me, as it is to many others in this Chamber who will know of someone or a friend of someone who has committed suicide. Unfortunately, a friend of mine with whom I lived in college and with whom I studied for four years took his own life only 12 months ago. All that his family and friends are left with are questions. 5o’clock Could anything have been done? Did they miss something and did they ever ask him how things were going? The question can be asked: is this story sad? It is, and, unfortunately, it is becoming all too familiar. I fear that we are beginning to treat suicide as merely another problem in the country. Trying to find a solution to such a massive problem is not easy and we should not think it is. The time has come for meaningful effort to solve this problem. In recent years, I have noted that the number of suicides here is often compared to the number of lives lost on the roads. Both are tragic occurrences, both destroy families and communities, and yet the way we react to each is very different. If someone is killed in a road accident, the story will almost certainly be carried that evening on the news, the area will be sealed off and there will be a detailed investigation into why the accident happened and how we can make the scene of the accident saver to ensure an accident does not happen again. However, when a suicide happens, there is an outpouring of grief over a few days and weeks, and then the commotion dies down. The family, friends and community are left to pick up the pieces and the total number of suicides has gone up by one. Instead of going on about statistics and figures over the next few minutes, I would rather concentrate on the ways in which we may be able to start to solve this terrible problem. At this point I compliment and thank the groups and individuals who continue to work on this area, many in a voluntary capacity and on extremely low funding, without whose help and support this problem would probably be a great deal worse. Before being elected to this Dáil, I was a youth worker for four years with Foróige, which is the national youth organisation. In the role, I worked with young people from many different backgrounds, but all of whom faced the same challenges. Youth mental health was a challenge that came up repeatedly. This also included the areas of self-harm and potential suicide. In that time, I became aware of two excellent services that I believe are going a long way to help solve the issues of youth mental ill health. The first is the big brother big sister programme with is a mentoring programme which partners a young person with a volunteer for up to a year. This opportunity allows the young person to meet once a week with someone in a friendly and safe environment. It allows that young person an opportunity to bring up any issues he or she may be going through, express himself or herself to someone from outside the family, but to enjoy himself or herself. This programme is becoming popular, but, more importantly, has a proven track record in helping build the confidence of a young person and his or her self- esteem. 37 Suicide Prevention: 3 May 2011. Statements

[Deputy Paul J. Connaughton.]

Jigsaw is a service which was set up in Galway in 2008 and is a collaboration between Head- strong, the HSE and Mental Health Ireland. It is aimed at prevention and trying to alleviate the many issues before they become problems. It is run in a professional manner with excellent staff. This service was established when it became obvious that youth mental health has needed its own department for many years. It allows people to drop in for a chat and when they arrive, they are met by friendly staff who are equipped to deal with whatever issues they may have. The Jigsaw service is about listening. It is about find out where a young person is at, but, more importantly, to where he or she wants to go. It understands the concerns of young people in areas such as school or college; work or unemployment; family, friends and other relationships; sexuality and sexual activity; and maybe drugs and alcohol abuse. The areas I have described cover the areas of youth mental health but, unfortunately, as we all know, mental health issues affect persons of all ages and backgrounds. I welcome the developments of late that have brought this area away from the old style of thinking and that, for instance, better premises are being built that correctly highlight the importance of this problem, but also that someone who suffers from mental health issues is seen not as a burden on the State, rather as someone who is simply looking for help. Finding a solution to this problem will not be easy for many reasons. It is complex and difficult. Sitting on our hands waiting for another report will not solve the problem. We must use every possible tool at our disposal to help solve it. I believe in a community-based approach, involving local community groups, youth groups, the GAA and any kind of youth club, to help combat the problem of suicide. This country has the people who have the skills and capacity to help in this area, but they need help to organise properly. They also need funding to make them effective. The one thing parties from all sides of the House can do is show that the 31st Dáil is serious about helping to combat the problem of suicide in our communities.

Deputy Michelle Mulherin: There is a terrible sense of isolation in rural Ireland, especially in Connacht, and this is reflected in the high rates of people taking there own lives, which is now compounded by the added stress and despair caused by the recession. Since prevention is the title and point of this discussion, I commend the work and initiative of self-help groups addressing the question of social inclusion and I urge the Minister to prioritise and invest in the formation of more such groups, which create networks of support for vulnerable individuals. I am familiar with the work of such groups in my town, such as Ballina Migrant Health Forum and The Dolmen Clubhouse, which seek to bridge the gap between the vulnerable and professionals. The emphasis is on getting those affected to appropriate professional help where necessary and creating a platform for various care professionals to help train and inform local members. I congratulate all those proactive groups around the country, many of which are born from the loss of a loved one where family and friends choose to make a stand in combating this malaise which does not discriminate across social classes. All is not lost. Aside from professional views of suicide, there is always personal loss. It takes many deaths before we become aware of what death really means. Someone said that while it ends a life, it does not destroy the relationship we had with that life — a father remains a father and a brother remains a brother, and the same applies to a sister, a friend, a lover and so on. They take something of us from the earth. So the questions as to why and the multitude of reasons given by professionals who try to make sense of the psychology of it, and by priests on the spirituality underpinning the dreadful decision that brings an individual to this very lonely and dark place, for this is an act that invariably takes place in secret — perhaps we all know this place to a certain degree — helps to comfort those left behind but it never diminishes the loss. To those left behind, we 38 Suicide Prevention: 3 May 2011. Statements absolve them from guilt; to those contemplating it, we say, “Reach out and talk to someone”. For my own part, my office will always welcome anyone seeking help.

Deputy Seán Kyne: I am grateful to be afforded the opportunity to address the House on such an important issue. There is not a Member of this House who has not been affected by suicide or other mental health issues. Since the House discussed this issue two weeks ago, 25 more people in Ireland have taken their own lives. This is the statistical rate at which people in Ireland are succumbing to the scourge of suicide and is based on the 2009 figure, which showed that 527 people died by suicide. That figure was a staggering 25% increase on that of the previous year for the number of people who died by suicide, and yet it was only the “recorded” figure. Experts believe the actual suicide figure is much higher. It is quite clear that the recession and the economic difficulties are having a direct negative impact. Only today 1life, the suicide helpline, revealed that it received more than 700 calls over the Easter week and that half of these were callers presenting with serious suicidal thoughts. As shocking as the statistics are, they hide the fact that each case of suicide reverberates throughout a community where families, neighbours, colleagues and friends must endure the horren- dous pain the loss of a loved-one in this manner brings. Of all the questions with which family and friends are left, the primary ones are: why? Why did he or she do it, and why did I not see it coming? However, there are no easy answers. Undoubtedly, the financial crisis and its effects have played a part. Unemployment, unpaid bills and unmanageable debts all place enormous strain and pressure on people, with, in some cases, tragic and fatal consequences. Loneliness and isolation are also factors which affect a lot of older citizens, particularly in more rural and remote locations. One figure which particularly concerns me is the number of our young people, particularly young men, who take their own lives and again, we must ask why. Bullying, discrimination and abuse are just some of the reasons which drive our young people to self-harm or to take their own lives. Teenagers have many pressures in their lives, such as exam pressure, career worries, peer pressure to fit in or to rebel and issues of how they think they appear to others. It is well documented that some people are more vulnerable than others, such as gay and lesbian people many of whom have to contend with discrimination, prejudice and abuse, both mental and physical, in our towns, villages and rural communities. In the United States, it was a succession of several teen suicides among lesbian and gay school students last year which prompted the “It Gets Better” campaign to reach out to gay and lesbian young people via YouTube and social networking and assured them they are neither alone nor without support. Such a campaign highlights why the Civil Partnership Act, as incomplete at it is, is extraordinarily important in sending out a positive message to Ireland’s young gay and lesbian people. I would like to take this opportunity to commend GLEN, the Gay and Lesbian Equality Network, and other organisations whose efforts and work were so crucial in securing this significant step towards full equality. We are very fortunate to have a strong network of community and voluntary organisations in Ireland which provide support and comfort to people suffering as well as focus and direction for Government and policy-makers. Numerous organisations work in the area of suicide prevention and mental health. Some, such as the National Office for Suicide Prevention and Head- strong, the National Centre for Youth Mental Health, are statutory organisations. Many more are non-governmental organisations or community groups such as Aware, Console, Shine and 3TS. 39 Suicide Prevention: 3 May 2011. Statements

[Deputy Seán Kyne.]

In my constituency of Galway West, as Deputy Connaughton stated Jigsaw is a wonderful organisation which is a support service for young people. It is a partnership between Head- strong, the HSE and Mental Health Ireland which has been providing support and information via its drop-in service in Galway City since 2008 and recently moved to larger premises. It is imperative that every community in Ireland has access to such a service which, l am in no doubt, can save lives. Given the constraints on funding, it is more important than ever that we work together to combat the problem of suicide. I urge greater co-operation, and more sharing of resources and tasks to achieve what are common goals. As a people, we must ask ourselves what is the point of fixing the banks and the economy if so many of our people are suffering. We must prioritise the needs of our people. We must all remember that it costs absolutely nothing to be supportive, to listen, to be compassionate and to be there for family and friends who are suffering. The old Irish phrase, ar scáth a chéile a mhaireann na daoine, is as relevant today as it ever has been, and with that in mind, I will take this opportunity to ask the Minister for Health and Children to ensure that mental health funding be protected and directed towards primary mental health care where it is most needed, which is in the community.

Deputy Seamus Kirk: I am glad of the opportunity to say a few words on this most important of subjects. It has come into public focus and debate in a much sharper way in recent years for very obvious reasons. Suicide is not someone else’s problem, it is everybody’s problem. An individual dies but the whole community suffers. A loss of life affects all strands of the community. Effective action is needed to approach the stigma of suicide and, in turn, help people become more aware of suicide and its impact. In 2009, there were 527 deaths by suicide, and 527 families and communities all felt the huge loss which suicide brought to the area. This is a major issue which needs to be dealt with. The more support networks we have, the better the chance for people to talk about how they are feeling and the more lives will be saved. The HSE National Office for Suicide Prevention is responsible for overseeing the implementation of Reach Out: A National Strategy for Action on Suicide Prevention 2005-2014. The main vision of Reach Out is of a society where life is valued across all age groups, where the young learn from and are strengthened by the experience of others and the needs of those going through a hard time are met in a caring way. Reach Out calls for a multi-sectoral approach to the prevention of suicidal behaviour, in order to foster co-operation between health,education, community, voluntary and private sector agencies. In the most recent budget an additional €1 million was provided for the programme for 2011 which will enable the office to build on initiatives to date and bring momentum and new impetus to their activities. The areas to be targeted are developing both the number and range of training and awareness programmes, including the ASIST programme, to reach the most vulnerable in our communities; improving and standardising the response to deliberate self- harm presentations; developing the capacity of primary care to respond to suicidal behaviour and considering new models of response; and ensuring that helpline supports for those in emotional distress are co-ordinated and widely publicised. In each of these four areas an emphasis will be placed on the most vulnerable groups identified in Reach Out and more recent research. The details of these initiatives will be discussed and agreed with the office. An initiative established by the former Minister of State, John Moloney, is See Change, run in co-ordination with the national stigma reduction campaign. The aims of See Change are to reduce the stigma associated with mental health problems and challenge discrimination in 40 Suicide Prevention: 3 May 2011. Statements society; create an environment where people are more open and positive in their attitudes and behaviour towards mental health; promote a greater understanding and acceptance of and support for people with mental health problems; and empower individual people with experience of mental health problems to gain equality, respect and rights. The total funding for mental health in 2010 was approximately €970 million. Innovation funding of €3 million was provide to Genio through the HSE to support the transition from institutional to person-centred care. A further €5 million will be provided for Jigsaw, an innovative community-based support service for young people. When in government, Fianna Fáil established the office for mental health and disability. Special consideration was given in the budget to the mental health and disability sectors, which will ensure a maximum reduction of only 1.8% in the 2011 allocation for the sectors. The relatively lower reduction, compared to that in other health sectors, was an indication of the priority which the then Minister for State, John Moloney, afforded to this most important area. It goes without saying that in areas of economic or health problems, research programmes are vital to finding longer-term solutions to many of the issues, and those affected have varying levels of mental health issues. The Minister of State will bear in mind the importance and necessity of ensuring co-ordination at European level between research programmes here and those under way in other member states. Perhaps such co-ordination and availability of information will give hope to those who live night and day with mental health issues and the threat and worry of suicide that a solution may be found, if not in all cases at least in a percentage of them. At this point in time, we could ask whether stem cell research holds out any prospect of better days ahead for the families unfortunately affected and afflicted by mental health issues and the threat of suicide.

Deputy Ciara Conway: Ba mhaith liom buíochas a ghabháil le muintir Phort Láirge as an tacú a fuair mé i rith an toghcháin. I have not had an opportunity to thank the people of Waterford as my maiden speech was on the very important matter of the nomination of the Taoiseach, and I would like to take this opportunity to thank them for their support. I welcome this opportunity to speak on this matter and it is with mixed emotions that I do so. Suicide is every family’s worst nightmare and traditionally it is rarely discussed. The public attitude towards mental health and suicide must change if we are to be able to provide for those who need help and for people to be able to accept help. One in four people in Ireland have a mental health difficulty, which is an alarming statistic, making it an issue of national importance. Since my involvement with Labour Youth and as I moved through the ranks in Dáil na nÓg, I have always spoken out on this issue. I have attempted to shine a light on an issue which has been allowed to stay hidden in the shadows for far too long. I saw first-hand in my work as a child protection social worker and later in my work with Barnardos how suicide and mental health issues affect not only an individual but entire families, particularly children. It is welcome that €35 million has been ring-fenced in the health budget to develop community mental health teams and services, such as psychologists and counsellors in primary care teams throughout the country. The programme for Government states: “We will endeavour to end the practice of placing children and adolescents in adult psychiatric wards.” I have been outspoken on this issue for several years. There are no services for children between the ages of 16 and 18 because they fall through the net of services for children and adults. This is a barbaric practice which needs to be addressed immediately. The problems caused by the admission of young people to adult mental health wards were such that a report was commissioned by the Mental Health Com- mission in 2010 to investigate the inappropriate care of young people aged between 16 to 18 and examine the factors contributing to their admission to adult wards. Alarmingly, in the first 41 Suicide Prevention: 3 May 2011. Statements

[Deputy Ciara Conway.] six months of 2010 the young people who were admitted to adult approved centres included 11 children aged 15 or younger. In some cases, the children concerned did not even have mental health problems and would have been more appropriately cared for by social services. A young person should only in exceptional circumstances be considered for admission to an adult psychiatric ward. The report identified confusion within the psychiatric community in regard to who is best placed to look after young people with mental health problems, particularly those aged 16 and 17 years. The State’s mental health watchdog has expressed concern about the occupation of scarce beds in child and adult mental health wards by patients who do not have mental health disorders. What is happening at present is akin to the practice of the past whereby people were inappropriately placed in institutions. This practice needs to be discontinued. Young people without diagnosable mental health disorders or with social problems have reportedly been admitted to child and adolescent units simply because there is nowhere else for them to go. This is a terrible indictment of our system but I am heartened by the new Minister for Health and Children and hope he will work in partnership with the Minister for State at the Depart- ment of Health and Children, Deputy Kathleen Lynch, to address this issue as a matter of urgency. The children who are admitted to psychiatric wards are among the most vulnerable people in our society. Greater investment is needed in community resources if we are to address this problem. We have to invest in the mental health of our young people and think outside the box in terms of acting to prevent these problems from arising. The problem will not be solved by individual Ministers because it requires co-operation from the Departments of Health and Children, Education and Skills and Community, Rural and Gaeltacht Affairs. By pooling their resources, they can ensure the social and emotional needs of our young people are put to the fore over the lifetime of this Government. Many of the speakers during this debate have focused their remarks on adults but if we are to prevent suicide we need to be proactive in investing in children from the age of three. A study commissioned in America in the 1970s, the Perry preschool project, invested in young children between the age of three and five and followed them until they were in their 40s to find out how the investment paid off. The quantitative and qualitative evidence from that study has categorically shown that the investments made an improvement in the lives of the individuals concerned. Every euro invested in young children provided a saving of €16 later on. Social scientists in America often base their work on the objective of keeping people out of prison and in this House we have been discussing community service orders over the past several weeks. If we invest in quality preschool programmes that address the social and emotional development needs of young children alongside the services required to address their concerns as they grow up, they will be given the language they need to seek help and we will no longer have to deal with an unfortunate group of people who on reaching adulthood find themselves in such despair that they chose to take their lives. I have the courage of my convictions on this issue and the statistics are available to support my argument. We have an opportunity to think differently about mental health. I am keenly aware from my work in the community and voluntary sector over the past ten years that we need to get the most that we can out of the money we are given. I appeal to all the Ministers involved in this area to push for quality and evidence based programmes that deliver happier and healthier outcomes for our children and young people. If we invest in the happiness and health of young people, they become more productive workers and people. The US study indicated that people who received preschool investment went on to be more productive members of their communities, had better relationships in adulthood and were less likely to 42 Suicide Prevention: 3 May 2011. Statements engage in anti-social behaviour and crime. If by investing early we can prevent young people from reaching a dark place, it is a no-brainer that we should endeavour to do so. Given that I also worked in mental health services during my time in social services, it would be remiss of me not to state that some of our most committed people work in this area. People who have mental health difficulties deserve to be treated in palaces and given the best of services. They should not be locked away in the dungeons I visited while I worked in mental health services. We need to open the doors of community services to our people. I ask the Ministers concerned to think outside the box by investing in our young children and ensuring they grow up to be happy, capable and productive members of society.

Deputy Aodhán Ó Ríordáin: I welcome the opportunity to speak on suicide prevention. Members on all sides of the House made many excellent contributions on the issue and I will endeavour not to repeat points which were previously raised. I will focus on younger children, how this society is failing to protect their mental health and what we must change to ensure we intervene at the earliest opportunity to protect the most vulnerable. This country has returned to the days of high unemployment, mass emigration and social despair. The most tragic by-product is the increasing rate of suicide. This tragedy is not confined to any particular class or corner of the island but is affecting rich and poor, old and young, male and female. In 2009, the rate of people taking their own lives increased by a startling 24% . These are people who see no way out of the despair they feel, whether because of negative equity, addiction issues, unemployment, discrimination or depression. They took their lives because they could see no hope for their future. We can address this national emergency by creating a better society that provides people with the best of services, education, social protection and health care. However, what about the children who are the victims of circumstances beyond their control and are growing up in households ridden by despair? They are fragile, impressionable, easily corruptible and can be permanently damaged by the environment in which they live. What interventions are available to us to care for delicate minds or childhoods filled with nights in which heated words are exchanged by financially crucified adults so close to the brink that they see no way out? What about children who live in areas where the only viable economic activity is the drugs trade? Older siblings get sucked into a hopeless spiral of street corner loitering and low-level anti-social behaviour and often on to full-scale membership of violent gangs, incentivised by easy money, street credibility and a perverse sense of empowerment. Communities such as these are rarely understood, chronically under resourced and frequently stigmatised with out- landish generalisations by media outlets. If we accept that it takes a village to raise a child, is it any wonder that children of such a village will grow up with a poor sense of self-esteem, negative self-image and feel totally disempowered and disconnected from the mainstream of Irish society? Our education system is charged with the responsibility of identifying, diagnosing and treat- ing children who display a variety of emotional behaviour disorders. As currently constituted, the system outrageously misplaces resources in a manner that inevitably benefits children from middle-income backgrounds and not those more in need. Our education supports for those most in need of help are misplaced and poorly structured. This happens in two main ways. First, the allocation of resource teachers is based on the general allocation model introduced by the previous Government, which allocates teachers on the basis of the school enrolment number and not on the basis of need. As a result, children who attend schools with a smaller enrolment do not receive the same level of support irrespective of 43 Suicide Prevention: 3 May 2011. Statements

[Deputy Aodhán Ó Ríordáin.] the level of need. This is a crude, blunt and indeed cruel arrangement that must be amended to ensure that our most vulnerable children are supported. Second, in the allocation of resource hours sanctioned by the special educational needs organiser, SENO, schools with access to private psychological or clinical assessments receive more resource hours. Those who depend solely on the under-resourced National Educational Psychological Service, NEPS, receive fewer. School leaders, teachers and school principals are left in an almost impossible position when attempting to provide supports for children who present with specialised care needs. They have to juggle referral forms and representations to the National Educational Welfare Board, NEWB, NEPS, agencies such as the Mater Child Guidance Clinic, the relevant social worker, the home school community liaison service and, if they are fortunate, supportive parents. I have been the principal on the telephone to agencies being told that the child is not suicidal and that I am wasting my time. If a parent or parents prove obstructive or difficult, the school is powerless to proceed. This is just one more glaring example of why our children’s rights referendum is so sorely needed. Our children now live in a society that is at breaking point, in a culture that shortens childhood to maximise corporate profit, in a country that purports to cherish every child equally, but only punishes our vulnerable rather than liberating them. We must liberate our children from the dark clouds that hang over their minds. We must empower them with the ability to express their feelings, to understand their circumstances and encourage them to believe that they truly are more powerful than they could ever contemplate. We cannot fail them at the earliest stage, the stage when they depend on us the most. The risk of internalising the hurt permanently is too great, and the potential of becoming another suicide statistic too real.

Deputy John Halligan: I propose to share time with Deputy Clare Daly. Sometimes we are damned with statistics when they are put in front of us but statistics are important on the serious issue of the severity of suicide in Ireland. The latest statistics show we have the highest recorded rate in our history. This amounted to 527 deaths in 2009, representing an increase of over 4%. Anecdotal evidence suggests the figures in Ireland continue to rise. Some 127 deaths from suicide were registered with the CSO in the second quarter of 2010 and the increase is mainly in men in the middle age category. Many experts throughout Europe have said there is a sharp rise in people taking their own lives and self-harming over the past year and that this is linked to the recession. The term recession depression has emerged. International research indicates that during an economic downturn, suicide numbers increase markedly. Since the economic crisis occurred in Ireland, there is a clear spike in deaths among people between 25 and 44 years of age. Social welfare cuts, cuts to invalidity pensions and disability payments hit the vulnerable sections of society disproportionately. The incidence of suicide is at its highest in these sections. As mayor of Waterford, I addressed a conference in Waterford on taking the stigma out of mental health. The statistics were startling, showing that between 300,000 and 400,000 people were presenting with problems, from mild to medium to severe depression and many of those presenting to a general practitioner felt suicidal at one stage. In Ireland, suicide has become the principal cause of death of men between the age of 15 and 34. Ireland now has the fourth highest rate of suicide among young men in the EU, behind Lithuania, Finland and Estonia. Successive Governments have displayed a distinct lack of urgency in dealing with this problem. The budget in 2010 was €5.6 million, which is a drop in the ocean compared to what is needed. The HSE moratorium on recruitment had a devastating impact on an overstretched health service. Over 700 members of staff left mental health care services from 2009 and only 44 Suicide Prevention: 3 May 2011. Statements

65 were replaced. That had a major impact on the suicide rate. Incredibly, more lives are lost to suicide than to road tragedies. However, the budget to reduce road traffic deaths is almost eight times the budget dealing with suicide. The Government and Opposition parties should examine a case study. Scotland had one of the highest rates of suicide but has managed to reduce significantly the number of people taking their own lives by spending €25 million on preventative services. This shows that resources and allocating money into prevention can reduce the number of people taking their lives. Scotland has been internationally recognised for its “Choose Life” programme and the education and awareness programme called “see me”. It is internationally recognised that Scotland was able to reduce a high rate of suicide. Statistics from Scotland show that 600 people took their lives last year, of whom 450 were men. This was reduced by 87, which is almost a quarter. This is attributed to the resources and services available. Officers trained to deal with suicide intervention have been employed in every local authority in Scotland. They reduced the suicide rate and the number of people presenting themselves with mental health problems. This has reduced the amount spent on health and mental health services and the prevention of suicide in Scot- land. The budget can be reduced because the death rate and the number of people presenting with mental health problems is reducing. The causes of suicide are multifaceted and complex. Some argue it is a fundamental human right to take one’s own life. That is a worthwhile debate. However, for most people, suicide is not chosen; it happens when pain exceeds resources for coping with pain. These are not my words, although I would like them to have been. This is a matter of resources. I urge the Government to examine the case history of Scotland. A small amount of money out of a substantial budget has helped to reduce the suicide rate. I passionately urge the Government to deal with this point. Let us consider the number of people dying from suicide compared to road accidents, given the amount of money spent. It is only right that we should put substantial amounts of money towards reducing the number of deaths on our roads but if we put half the amount of money into suicide prevention, going by the Scottish example, we could at least reduce the number of deaths by one third.

Deputy Clare Daly: I want to make some brief remarks. Like other Deputies I, too, appreciate the opportunity to discuss this important issue. It is appropriate that the House has spent so much time on it because a discussion must take place in society and awareness be raised about these issues. That is important, but the discussion must be purposeful and have an outcome. In that sense, regarding some of the remarks made by some of the Government spokes- persons in particular, cognisance should be taken of the fact that they are the Deputies who are in power. It is their Government that has the ability to implement measures which can make the difference in terms of dealing with some of these issues which have blighted so many lives and which are a growing problem in the country. The point was made during the debate about the way road traffic deaths are treated and the funding that is allocated to that area compared to the lack of funding for suicide prevention, given that suicide results in many more deaths than those from road traffic accidents. That is true. It is the case that advice and investment in trying to reduce road traffic accidents has developed here, and we must do something similar in regard to suicide. Removing the stigma is important. There is a value even in discussing the issues. That is important, but it must be linked to the overall position of funding from a number of aspects. Mental health is an area that must be invested in and the question of overall funding must be dealt with because it is inadequate. There must be implementation of A Vision for Change. There must be a development of community-based services but to be honest, we must not laud an expenditure of €35 million as being enough. It is not nearly enough. It is hardly five euro 45 Suicide Prevention: 3 May 2011. Statements

[Deputy Clare Daly.] per person. We need resources to back up the services that are necessary but the reality is that we are moving in the opposite direction. The implementation of severe cutbacks in health, education, social welfare, public sector recruitment and so on will succeed in having a negative impact on dealing with the current suicide problems. It is not good enough to just talk about the problem. We must implement measures that assist in dealing with it. It is obvious that suicide is a growing problem in Ireland. That that the only dedicated suicide helpline does not get any funding is a poor indication of our approach. That organisation takes thousands of calls every month. On average, it takes 100 calls a day. It is an indication of the scale of desperation people are experiencing that 100 people make the call. How many more hundreds are thinking about it but do not know that the resources are available or that they can access them? Promoting these helplines and the resources available, albeit limited, is important. There is no doubt that the rising suicide figures are linked to the economic downturn and the devastation being experienced by many people throughout this country. As Deputy Halligan said, this is not just a problem of mental health. For many people suicide is a rational decision on the part of the people who make it. The scale of their problems, be it some personal catastrophe or a severe economic crisis which they see no way out of, leads them to believe that is the only way out for them. The cases of suicide among taxi drivers was well highlighted by the taxi drivers’ unions. Many taxi drivers took their own lives because economically they were pauperised as a result of decisions that were made including the freeing up of licences. These people were on the road from morning to evening without being able to eke out any sort of a wage for themselves or their families. The problem of their mortgages was getting on top of them, and if they give back their taxi plate they are not entitled to any social welfare payment because they were self-employed. That is severe pressure to put on anybody’s shoulder. They cannot see a way out because we have not given them a way out, and economic policies have not been put in place which deliver for those people a standard of living that enables them to keep a roof over their heads and provide for their families. Unless we address these issues we will have a continuation of the problems. The key problem is for the people left behind after suicide and the questions people ask such as “What could I have done? Could I have intervened if I had known the severity of the problems? Was there something I could have done that would have made a difference in terms of the decision the person made to take their own life?”. We must avoid the situation where those questions have to be asked. Everybody needs to know where they can access the support that is available. The problem is that there is not enough support available and people do not know about the support that is available. If this debate assists in that regard, it is welcome but it is not enough on its own. There must be a massive investment in education and in personal development for our young people in the existing health services. Crucially, this debate is linked to the overall economic position facing ordinary people because as a result of the policies being pursued and the fact that taxpayers’ money is being poured in to bail out the banks and so on, our services are being cut and people’s livelihoods being devastated. Unless we invest in people’s social, personal and overall economic well- being, we will be returning to these issues and finding that the position has not altered at all, rather worsened.

Deputy Simon Harris: I wish to share time with Deputies O’Donovan and Doherty.

An Leas-Cheann Comhairle: There are five minutes available per Deputy. 46 Suicide Prevention: 3 May 2011. Statements

Deputy Simon Harris: I take this opportunity to congratulate the Minister of State, Deputy Kathleen Lynch, on her appointment. I have not had an opportunity to do so to date. I welcome the opportunity to speak in this important debate on proposals to tackle suicide levels within our society. I take great encouragement from the scheduling of this debate which shows the intention of those on all sides of this House to prioritise mental health. I am encouraged that we are talking about suicide in terms of tackling the problem as that is exactly what we must set about doing. I agree wholeheartedly with Deputy Clare Daly on this issue. It is not enough for us to just speak about the issue today, tick a box and say, “job done” and not return to it. I do not believe anyone on the Government side and, I presume, on the Opposition side of the House looks at it like that. We will certainly not shirk our responsibility on it. We cannot have a discussion on suicide without a discussion on our mental health services as a whole and the way those services are provided in a community as well as a clinical setting. I recently met an impressive campaigner, Caroline McGuigan, who is the chief executive officer of Suicide or Survive, a charity based in Arklow, County Wicklow, in my constituency. She had an interesting and simple way of comparing how we think about mental health to the way we consider dental care. She asked three simple, mundane questions. Where do we first learn about dental care? The answer was that we learn about it in our schools. Do we brush our teeth every day? One would hope the answer is, “Of course”. If something happens to our dental health such as a toothache or needing a filling, are we embarrassed? Again, the answer is “No”. These are the issues children learn about in regard to their dental health in our schools on an almost daily basis. We teach them that it is something that must be looked after every day. We give them the tools to look after their dental health and they know that if there is a problem or something that needs attention, it is nothing to be embarrassed about. We must give our children from the youngest age possible in our school system the same tools to deal with their mental health. We must get to the point where school children see mental health care as part of their development and overall schooling. I want to put a few points to the Minister of State for her consideration in regard to the way we will serve the mental health needs of our community. As I know she will be aware, we must be sure that the involvement of service users is not just tokenistic. It must be a vital part of the planning process, and anyone I talk to involved in suicide prevention or mental health groups is very keen on this idea. Those at the coalface of our mental heath service with direct and personal knowledge of its impacts, strengths and weaknesses must be recognised as key stakeholders. In that regard I am encouraged by the work of the See Change initiative and the support given to this group by the previous Minister of State, John Moloney, and now by the Minister of State, Deputy Lynch. We need transparency of funding in our mental health services. Having served as the chairperson of my local Health Service Executive regional health forum, I am only too aware of the current difficulties in this regard. It is imperative that we are able to work out how much this State spends on promoting positive mental health each year. This is a huge problem and at a time when we see the HSE board being asked to stand down we must try to clear these lines of miscommunication and get to the bottom of how much this State allocates to mental health on an annual basis. I implore the Minister of State to contact the HSE and insist that we are provided with a greater breakdown of the way mental health services are funded each year. In any case, it is clear that the annual budget for mental health services can best be described as dismal. Nobody likes comparing one tragic cause of death to another, but as other Members of the House have said, the success of the Road Safety Authority in reducing the number of deaths on our roads highlights the impact that targeted resources can have. Mr. Gay Byrne has 47 Suicide Prevention: 3 May 2011. Statements

[Deputy Simon Harris.] proved to be a successful and highly effective chairman of the RSA’s road safety campaign. I ask the Minister of State to find a similar champion, advocate or series of advocates for the cause of mental health promotion in Ireland, thus giving a strong and coherent voice to the many stakeholders, advocacy groups and clinicians working in this area. We also need to examine seriously the after-care provisions being offered to people who present themselves to our health services. I am not referring solely to mental health services in this respect. UK statistics indicate that up to one third of suicide deaths occur among people who have interacted with the health service in the previous 12 months. These are people who have turned up in hospitals, in community or clinical settings, presenting with some illness, yet within 12 months they took their own lives. A successful system is currently operating in Belfast whereby people presenting at hospitals who exhibit any of the potential indicators of suicidal behaviour are immediately given a referral card. We should examine the potential for introducing such a system here. I encourage the Minister of State to examine the legislative perspective of this matter with a view to amending the Health Act 2004 and the Mental Health Act 2001. Both the Green Paper in 1992 and the White Paper in 1995 recommended that any legislation must deal with outpatient services, but this is not reflected in the current legislation, which focuses on the provision of inpatient care. I urge the Minister of State to consider this matter when the legislation is reviewed next November. Let us bring accountability back to this House and the Minister of the day. The HSE should set a statutory plan each year so that it is accountable to the Minister who, in turn, is accountable to this House. We can then take political responsibility, once and for all, for mental health services in this country.

Deputy Patrick O’Donovan: At the outset, I want to congratulate you, a Leas-Cheann Comh- airle, on your appointment and wish you well in that role. I also wish to congratulate the new Minister of State, Deputy Kathleen Lynch, who has responsibility for mental health services. As a Deputy representing County Limerick, it would be remiss of me not to pay tribute to my constituency and party colleague, Deputy Dan Neville, for his contribution to the debate on suicide prevention. Since his time in the Seanad, he has championed the cause of decriminalis- ing suicide, thus destigmatising it and placing the debate on a national platform whereby people can speak openly about the subject, as we are now doing. Great credit is due to Deputy Neville for having done that. I want to discuss the impact of suicide on families. There is a temptation to trivialise the issue by categorising people according to statistics, including how they died and the possible causes. In fact, however, we will never know the reasons that most suicide victims die because in many cases they do not leave notes or other communications. We are, therefore, left to agonise afterwards and wonder why they felt it necessary to take their own lives. According to a study by the Family Therapy Association of Ireland, mothers experience intense and prolonged grief, along with many psychological and physical symptoms, following a suicide in the family. Several participants in the study experienced strong suicidal thoughts, while one such mother had attempted suicide herself. The misuse of medication and alcohol was also identified by some women as a coping strategy. Other findings of the study concerned the participants’ reasons for wanting to die in order to be with their children, as well as the impact of guilt and blame on their belief system. Unfortunately, suicide affects every community, which is why so many Deputies have participated in this debate in recent weeks. The National Suicide Research Foundation has found a worrying trend of suicide clusters in Ireland. A cluster is a chain of suicides by young people in a particular geographical area over a short space of time. Experts believe that such suicide 48 Suicide Prevention: 3 May 2011. Statements clusters are becoming more common. In one instance, a group of 17 young adolescent men from one area committed suicide within 18 months. The National Suicide Research Foundation has produced a report with information to map suicide in Ireland. This is operating on a pilot basis in Cork in collaboration with the region’s coroners. Earlier in this debate, reference was made to the role of social networking, including comments that are left by people in the aftermath of a friend’s suicide. The UK police have examined the social networking activities of young people to try to discover their reasons for committing suicide. It has become common for bereaved friends to set up memorial pages on social networking sites, such as Facebook and Bebo. Research by the department of epidemiology at Bristol University has shown a connection between media reports of suicide and copycat deaths. In addition, the research stated it was likely that discussions on websites would have a similar effect. I urge the Minister of State, in conjunction with her colleague, the Minister for Education and Skills, to address this problem through the schools system in particular. In that way, young people could be encouraged to understand the seriousness of what they are doing in leaving messages on social networking sites. We may find it difficult to comprehend but some young people feel it is possible to communicate with the dead through social networking. Sometimes, this is a mechanism for them to cope with the grief and mourning they are going through. It is a cry for help from them, which needs to be addressed, and I think schools are the best venues in which to do this. In recent weeks, Facebook launched a facility in association with the Samaritans that allows people to get help for a friend whom they believe may be suicidal. It allows friends to alert the Samaritans through the Facebook help centre where they can provide content that suggests a friend may be suicidal. The Samaritans have also launched an awareness campaign on their Facebook page that tells people how to recognise risk factors for suicide among their friends. These factors include a family history of suicide, easy access to means of suicide, a previous suicide attempt, a history of behavioural disorder, drug abuse, alcohol abuse, family dysfunc- tion, marital status, physical illness, imprisonment and unemployment. Unfortunately, in most cases, it is scarily obvious that the bulk of deaths by suicide involve young men. In primary schools, the SPHE course encourages children to talk about their physical health and well-being. Teachers should also be exploring mental health issues at a much earlier stage, as well as bringing them up at second level. Children and adolescents are under massive pressures, including economic ones. We should not pile any further pressure on our young people, but mechanisms are required to let them discuss such problems in order to relieve them. I wish the Minister of State well in her new portfolio. In addition, I acknowledge the work of my colleague, Deputy Neville, in this respect.

Deputy Regina Doherty: I wish the Minister of State the very best in her role, which is an extremely important one for our society as a whole. Ireland is a small nation, yet we have one of the highest incidents of registered deaths by suicide in Europe. There is not a community in the country that has not been affected by suicide. The programme for Government has set out proposals to develop and improve mental health facilities, starting in the community. It is proposed that €35 million will be ring-fenced from the annual health budget to build community mental health teams and services for adults and children. The programme for Government also sets out plans to strengthen the training of general practitioners to deal with mental health issues that may arise in the community. This is vitally important because a GP may be the first person with whom someone suffering from 49 Suicide Prevention: 3 May 2011. Statements

[Deputy Regina Doherty.] depression engages. If GPs cannot service that need or open the door to other services that are available, therein lies the biggest initial problem. It is always said that a general practitioner should be the first port of call for physical illnesses, but we must make it the same for mental health issues. A review of the Mental Health Act 2001 and the Mental Health (Amendment) Act 2004 will take place under the new Government. The promise we made to introduce a mental capacity Bill, in line with the UN Convention on the Rights of Persons with Disabilities, must be delivered upon. Recent studies conclude that instances of suicide have increased since 2009. One reason attributed to the increase in such deaths is the economic downturn and the pressure under which people have found themselves. It is wholly unacceptable that people should be committing suicide due to a lack of money and resulting pressures. The stigma attached to depression, however, often prevents people from asking for help. We desperately need to change this situation. The greatest sadness concerning suicide is that is it totally preventable. Amnesty International states that four fifths of mental health service resources remain tied up in hospital-based treatment, which in itself has negative connotations. We must move away from that and deliver on our promises to give people the option of having access to the services they need at a local community level. We must implement A Vision for Change, the implementation of which has been promised to the people for so long. It must be borne in mind that the issue of suicide affects people of all ages. Perhaps in more recent times our attention has been drawn to the issue among young people by the Think Big campaign launched by Headstrong and, more recently, the Get on Board campaign to increase the awareness of mental health and push the issue to the fore of the political agenda among new and existing politicians. Alarmingly, 60% of young people said they would not seek help from a health professional if they experienced mental health difficulties. This is testament to the old Irish attitude of not complaining and getting on with things. As a Government, we must support voluntary groups such as Headstrong, Aware, Amnesty International, Reach Out and the many 6o’clock other groups which exist to help to bring to an end the stigma attached to depression. Almost twice the number who die in road accidents die by suicide. As previous speakers said, the funding for the road safety campaign amounts to €20 million, while that provided for the suicide prevention campaign is €5 million. Therein lies a big problem. It is not my intention to make a comparison in the loss a family suffers in either case, but this illustrates the difference in the funding provided for the campaigns and the level of public awareness of the issues involved. This has to change. Education on mental health must start in the community, particularly in schools by improving SPHE programmes; among support groups and voluntary organisations by improving their funding and facilities; and among GPs by strengthening their training to enable them to deal with issues that arise. Each one of us must take responsibility for the campaign to prevent death by suicide by ensuring we start at home and talking about it to our children, families, friends and work colleagues. Only when we remove the stigma from depression and the sense of failing and the lack of self-worth for those who suffer from it and replace these feelings with ones of security, hope and trust will it be more acceptable to ask for help.

Deputy Sandra McLellan: I congratulate the Minister of State and wish her well in her new position. 50 Suicide Prevention: 3 May 2011. Statements

I have listened to the contributions of my fellow Deputies on the incidence of suicide in Ireland with sadness and dismay. It is an important issue and their contributions are valuable. However, we cannot afford mere posturing on the issue. We need action and effective measures to ensure that, as elected representatives, we will use our influence to create an environment in which there will be greater understanding and acceptance of people with mental health issues and a reduction in the stigma attached to them and the associated discrimination. I am lucky to have a platform to say my piece in the Chamber, but we need to remember that we have a responsibility to help to remove the stigma and discrimination associated with mental health problems. That goes for all of us. The incidence of suicide in Ireland is at an all-time high. Ted Hughes once wrote a poem about Sylvia Plath who had taken her own life. It was entitled “Last Letter” in which he addressed the issue of her death. The opening line has always stayed with me: “What happened that night? Your final night.” I often think of it when I hear of suicides and what happened to the people concerned on their final day or night, as well as the loneliness and isolation they must have felt and their sheer desperation. The final night for many is the result of a combination of factors, including mental health issues, reduced self-esteem, discriminationand social stigma becoming a barrier in accessing services and a lack of support. There may be a sum of €8.7 million available to support suicide prevention initiatives which is a good start, but more needs to be done. The strain imposed by financial difficulties is increasingly becoming a factor in suicides. It is one thing to give €8.7 million for a suicide prevention programme but another when people’s financial difficulties are being magnified tenfold by having to pay the universal social charge. While it is part of the Government’s responsibilities to address this issue, we have a collective responsibility to address it. Ní neart go cur le chéile. It is estimated that 40% of undetermined deaths are suicides. A total of 527 people took their own lives in 2009, which is astonishing. It would make one’s heart break for the people who were driven to this, as well as their families and friends. When people attempt to access services, they are faced with an archaic mental health system. More than 20 years ago the Government ratified a legally binding international treaty guaranteeing everyone in Ireland fundamental human rights — the International Covenant on Economic, Social and Cultural Rights which Amnesty International has described as “one of the country’s best kept secrets”. I am not surprised it described it as such. Under the treaty, we are supposed to have a right to health care, but hundreds of children are detained in adult mental health facilities because there is insufficient child appropriate accommodation available. The Minister for Health and Children has said a child should only be admitted as an inpatient to a psychiatric facility as a last resort. It would be preferable if no one had to be treated in a psychiatric facility and treatment was delivered within the community, but where that is an appropriate part of treatment, children should be treated in a facility suited to their needs. There is only a bed capacity of 52 within the child and adolescent mental health service infrastructure which the Government plans to increase to 58 by 2012. That means six additional beds will be provided in one year, which is inadequate. The Minister has said he envisages the plan bringing to an end the treatment of children in adult facilities. However, hundreds of children are in adult facilities. How, therefore, are we expected to believe this? Six additional beds are better than nothing, but they will not make the impact the Government believes they will. Service provision must be based on need. It is just plain wrong that people are not receiving the help and support they need because of the inadequacies of the health system and the inadequacies of a Government which will not recognise a person’s right to health care.

51 Suicide Prevention: 3 May 2011. Statements

[Deputy Sandra McLellan.]

We must also be aware of those who are at higher risk of suicide and having mental health issues. BelongTo is a youth organisation which does great work with gay, lesbian, bisexual and transgender, LBGT, young people. In its submission on the national strategy for action on suicide prevention its officers quoted extensively from research that demonstrated the high levels of stress experienced by LGBT youth. According to one Dublin City University research paper, 94% of teachers were aware of verbal homophobic bullying in schools. The old adage of “sticks and stones may break my bones but names will never hurt me” is categorically untrue. LGBT young people are five times more likely to be medicated for depression, two and a half times more likely to self-harm and three times more likely to attempt suicide. They are at huge risk. However, 90% of teachers were not able to find a single mention of homophobic bullying in their schools’ policy statements on bullying. Schools are harrowing places and life is grim for many gay teenagers. It is imperative, therefore, that action is taken to tackle this issue. We need to address the problem not only by directly funding suicide prevention programmes and strategies, but also by addressing the root causes of stress and depression This is not just the responsibility for the Minister of Health and Children. The Minister for Education and Skills also has a role to proactively work on the issue and ensure the development of programmes to positively endorse diverse sexual identities in schools and increase support for organisations supporting LGBT youth and their parents. If the State is not going to provide services, it is critical that the voluntary sector is supported in what it is doing. Our collective responsibility to address and prevent suicide means we must use our knowledge to propose meaningful and constructive solutions. I support Amnesty International’s call to use the opportunity presented by the forthcoming review of the Mental Health Act to consider broader legislation to provide community-based mental health services. International evidence shows this not only improves mental health outcomes, but is also associated with lower suicide rates. Sinn Féin fully supports this position. It is an awful reflection on Fianna Fáil, its former Government partners and now the Labour Party and Fine Gael, as well as the HSE and the Department of Health and Children, that Amnesty International, a campaigning organisation for human rights, has to lobby for better mental health service provision because the service provided by successive Governments represents such an outrageous breach of people’s human rights; it is a scandal. The National Office for Suicide Prevention has stated that the increase in suicide is linked to the current economic climate in this country, stating that it is likely to be a “result of the impact of the economic downturn with substantially more people unemployed and suffering from personal debt”. Surely the Government can see now that its policies which are geared towards cutting the incomes of those who are lowest paid in society are increasing the level of suicide. It is hyp- ocritical to speak in the Chamber of all the tragedies that have touched people’s lives — we all know of someone who has taken his or her own life — and then to ignore the evidence that is presented by a body such as the National Office for Suicide Prevention, which is a part of the HSE. It is important that the Government, during the review of the Mental Health Act, looks at the evidence. Evidence-based policy should be based on need and not the minimum that Fine Gael thinks it can get away with providing. Mental health is a significant component in suicides. The EU consensus paper on Prevention of Depression and Suicide has stated that the “adequate treatment of major mental disorders... decreases the risk of suicide and is an effective way to prevent suicide in healthcare”. Ireland still lacks a modern, adequately resourced community mental health service. Reform of mental health services must be part of a coherent response to suicide prevention. Better 52 Suicide Prevention: 3 May 2011. Statements mental health services will mean fewer people dying by suicide. We need good community- based mental health services which have better outcomes when compared to traditional hospital treatment. The research proves that, yet four fifths of mental health service resources remain tied up in hospital-based treatment. Implementation of the reform set out in A Vision for Change has been slow and uneven to date. Accountability for expenditure on mental health and transparent information on how such expenditure is used to reform the services in line with policy has been lacking. Inter- national human rights law demands that mental health services be continually improved in line with best practice in order to fulfil the right to the highest attainable standard of mental health and avoid social exclusion. As long as this country fails to implement reform, it will continue to fail to meet international human rights standards. These failings lead to enormous economic and human costs and needless individual suffering. The poor response to mental health is also contributing to high national suicide rates. The forthcoming review of the Mental Health Act, as set out in the programme for Govern- ment, provides an excellent opportunity for the Government to change things for the better. We must examine what works. Everyone knows a family that has been devastated by suicide. Some families have been affected twice and others even three times. We must educate ourselves to recognise the signs. We must change things for the better. I call on the Government to listen to the evidence and it is being told by the people affected by suicide and to do something meaningful in order to address the problem.

Deputy Jerry Buttimer: Cuirim fíor fáilte roimh an Aire Stáit, Deputy Kathleen Lynch. Listening to Deputy McLellan I cannot help but wonder whether Sinn Féin seeks an increase in bed capacity and hospital facilities or a more community-based approach. Perhaps the party could indicate what it wants. This debate is probably the most important one we will have in this House because it deals with people, those we all know who live in our communities. At a time when more and more people are under pressure — tá siad faoi bhrú—it is important that the Government and everyone else would recognise the fact. It behoves all of us to work together to ensure that suicide and mental health problems do not escalate. In the past decade, there is not a single community or a single family in this country that has not been touched by the spectre of a death by suicide. Losing a loved one, friend, work colleague or neighbour leaves a thousand unanswered questions — the most common of which are, first, “Why?” and, second, “Could I have done something to prevent it?” Those questions shake us to the core of our being. The possibility of hope and of things improving lie at the essence of our humanity and spirituality. For many hundreds of people, at a time of deep emotional and psychological trauma in their lives, there does not seem to be a belief in life, there is a loss of hope and there is despair that things will not improve or get better. The reality is that it can. It is important that support is provided and that people talk, listen and reach out. Recently, the Evening Echo reported on 202 deaths in Cork city and county over the past 30 months, as indicated by the Central Statistics Office of 170 men and 32 women. At times it appears as if suicide is a single, homogenous act that is becoming endemic across society. Reporting and presenting on suicide makes it seem as if it is beyond control, predictability or intervention. The analysis of the statistics and research suggests otherwise. Certain sections of communities are more vulnerable to death or harm from suicide. With careful screening and appropriate mental health and community training it is possible to become aware of potential precursors and triggers to some cases of suicide. It has been proven locally, nationally and internationally that appropriate intervention can and does reduce the number of fatalities from suicide. 53 Suicide Prevention: 3 May 2011. Statements

[Deputy Jerry Buttimer.]

For too long suicide has been a taboo subject which people have been afraid to talk about. It is important that we seek out reasons rather than seek to deny. Raising the issue and discussing suicide in this debate increases the opportunity for people to seek help and support. It is time for politicians and those involved in the mental health area to open the doors and pull back the veils of secrecy and denial so as to allow light and rational debate into this particularly difficult and sensitive subject. It is essential that we have an open and honest debate about the extent of fatal and attempted suicides and the response of the State at a national and local level. According to WHO data, in 2009 Ireland was ranked 20th out of 26 European countries with a total suicide rate of 10.6 per 100,000 population. While significantly below that of Lithuania which had a rate of 30.4 per 100,000 we were significantly higher than our neighbours in the United Kingdom which had a rate of 6.4 per 100,000 and Greece which had a rate of 3.5 per 100,000. The same WHO data reveals that we have a youth suicide rate that is the 4th highest in Europe, which is a worry. Further analysis shows that in Ireland, over the period of 2002 to 2006 the highest rate of suicide was for young men in the 20 to 24 year age group. Those and other data clearly show that suicide and suicidal behaviour is a complex, multifaceted societal issue which while individual in focus appears to be responsive to societal and personal risk factors and indicators. The data also inform us that we must take an individualistic and holistic approach to suicide at a community, regional and national level. I do not believe a one-size-fits-all solution can work. To be fair, neither does the Govern- ment. To be effective and meaningful, intervention must reduce both the level of attempted suicide and completed suicide. I agree with Deputy McLellan that there is a need for joined- up thinking between the various agencies, statutory and voluntary local bodies, education and social services, business and voluntary or community organisations and agencies committed to positive mental health promotion as well as participation by and acceptance of the role of the ordinary person who is often the first to become aware of the potential of risk or the likelihood of harm arising from suicide. The establishment of the National Office for Suicide Prevention was an important advancement in the struggle to respond to the level of deliberate self-harm and completed suicide behaviour in society. In Cork, we are fortunate to have a mental health resource officer who oversees and delivers valuable and essential community supports and training, helping develop skills in individuals, organisations and the community that enable them to respond to suicide. In addition to general and specific suicide helplines, peer support education programmes for young people in a community-based setting is provided so that young people can offer support to other young people. We also have the applied suicide intervention skills training, ASIST, which is a two-day skills building workshop in suicide first aid. In essence, there are three basic elements to our strategy for dealing with suicide — at primary, secondary and tertiary places of education; in the workforce; and through local community, voluntary and statutory agencies. Our first strategy is to support positive mental health promotion; second, to respond in a supportive way when individuals are under stress or strain, for whatever reason, such as alcohol problems, bullying, gay or lesbian issues and money pressures; and, third, it is important to develop protocols of response when suicidal behaviour occurs, aimed at helping to minimise the negative impact. It has been established, through both national and international research, that following a death by suicide, there is an increased probability that a family member or friend will attempt or complete an act of self-harm or suicide. This is known as a “clustering” effect. The Irish Association of Suicidology has reported that the media coverage of mental health issues and of suicide can be important determinants and influencers of possible behaviour. In general, the 54 Suicide Prevention: 3 May 2011. Statements print and broadcast media have taken a responsible attitude and approach when dealing with these issues and I would like to take this opportunity to commend the work of the Irish Exam- iner in this regard. It has published an important booklet, entitled, Let’s Talk Suicide, which is a valuable asset and tool which should be available to every household. Perhaps the Minister of State will liaise with the Irish Examiner to arrange for that booklet to be made available to schools. The booklet forcefully and sensibly highlights the issue in a way that brings home the stark reality of suicide and its consequences. It also explores the options and supports for people contemplating suicide. I would also like to pay tribute to Deputy Dan Neville, who through his sensitive work, commonsense approach and deep humanity has helped and influenced many people. As a public representative he has done the State a great service and should be complimented on that. Much of what he has done has been done quietly and below the radar, but he has helped and supported our fellow citizens. The Internet is a source of much comment as its power and usefulness have transformed and shaped the lives of individuals, families and communities. Its influence is generally positive, but there is a potential dark side to the Internet that can manipulated by those who prey on the vulnerable and those in need of support. Some sites on the Internet actively promote and encourage self-harm. These sites are nihilistic and fatalistic and should be monitored or shut down. We have learned with child abuse that the Internet is difficult to police and to monitor on a 24-hour 365-day basis, but we must use it to channel positive and realistic messages on mental health and show that there are alternatives to suicide. Reference has been made to Facebook, Twitter, Bebo and other social media sites, which are of huge importance with regard to the development of technological interventions to responding to suicide and in communicating positive messages about mental health. We must offer vulnerable people avenues of help which are accessible. I hope the Government will provide a strategy that will be immediate and offer interventions when people need them most. As we know, people who commit suicide do so deliberately at a time when helplines and out- of-hours supports are not available. Smart phones, mobile Internet access and Wifi must be used as a resource to reach out to people. I understand there is not uniform availability of resources across or between HSE regional areas. Therefore, I call on the Minister of State to undertake a review of the implementation of the recommendations of the Reach Out strategy to ensure that all communities can be supported. I also call on the Minister of State to call on the HSE to undertake a rigorous review of best practice to determine what measures are most effective with regard to intervention and responding to suicide. We must do more than just respond to crises so that we feel better. We must do more than say we need more resources, beds and money. Given the current era of limited resources and reduced personnel, we must ensure that all interventions put in place are targeted, specific and effective. We must know what works and why it works. It is important that when we identify people at risk, they are supported. We must adopt a proactive and targeted approach to individuals deemed to be at high risk of suicide. It is important to recognise the need for consistency in our response and intervention throughout the country. We must have flexibility in service provision to ensure interventions can be delivered where and when they are needed, rather than be restricted to office hours. We must also have a regular audit of statutory, community and voluntary groups that provide interventions in order to ensure quality control. I ask the Minister of State to follow up on this. We must look at the Internet as a way of promoting support and informing young people they are not alone.We must increase training and awareness among first responders, gardaí and 55 Suicide Prevention: 3 May 2011. Statements

[Deputy Jerry Buttimer.] social workers. We must also ensure we have a fast-track referral approach, from primary care services to community-based mental health services for those identified as being at risk. I thank the Minister of State for her presence at this important debate. This debate is about people, not about a cold, calculated print-out of statistics. It is about our fellow citizens.

An Leas-Cheann Comhairle: I now call Deputy Nicky McFadden. I understand the Deputy is sharing her time with Deputy Brendan Griffin.

Deputy Nicky McFadden: I welcome the opportunity to speak on this serious matter. Like Deputy Buttimer, I would like to acknowledge the great work Deputy Dan Neville has done in this area and his sensitivity in dealing with people and the issues. I also acknowledge the positive approach the Minister of State is taking towards this issue. In talking about suicide, we should consider families throughout the country who have lost a member through suicide. I extend my condolences to all of those people. The facts and figures on suicide are sobering to say the least. As the Minister of State, Deputy Kathleen Lynch, has stated previously, provisional figures for 2009 show an increase of 4% in suicide to 527 deaths. In this era of constant number crunching, it is easy to get bogged down in facts and figures, but 527 is not just a number. It is the death of 527 Irish men, women and young people who felt there was no other way out but to take their own lives. This is a sobering thought. Not only should we be troubled by this fact, we should also consider the families of those people and the profound effect these deaths have on them and the community. The increase in suicide rates is mainly seen in men in the middle age group. There is no doubt that unemployment and serious financial difficulties account for many of these deaths. The prevalence of suicide in middle aged men is a fact that needs to be addressed without a moment’s hesitancy. Of course, younger and older people are included in these tragic figures. It is estimated that suicide rates have increased in the past two years by 24% and self-harm rates by 11%. Family difficulties, bullying, stress, anger and isolation are also serious contributory factors to suicide rates. The first step in decreasing suicide rates is to get rid of the stigma attached. Until quite recently, up to 1993, suicide was considered a crime. We must urgently remove the phrase “committing suicide” from our vocabulary. Mental illness should be discussed openly and frankly without any sense of sensationalism or scandal. Access to mental health services must be readily available to anyone who experiences mental health difficulties. Having worked in a GP practice, I believe the first port of call for people suffering from mental illness is their GP. It is important that GPs are readily accessible to people who are in trouble, and receive training on how to deal with suicidal thoughts and related issues. It is not just in GP surgeries that this training should take place. Schools, youth clubs and other community organisations should be educated in this area. Discussion and open debate will create an environment where those who are depressed or having suicidal thoughts will be more inclined to talk openly about their feelings, thereby improving their chances of receiving the necessary help and advice. In schools there should be a greater focus on life skills education. Students should have access to self-esteem programmes, and learn assertiveness and resilience- building skills to equip them for the future. We need a societal change in how we approach the issue of suicide. Openness, understanding and professionalism are needed to help those at risk. Greater observance is also needed and we need to know the telltale signs of depression or suicidal thoughts. I recommend that everyone should attend the suicide ASIST workshop. I did and it was probably one of the best things 56 Suicide Prevention: 3 May 2011. Statements

I have ever done. It outlines the telltale signs and gives participants the skills to deal with people at risk of suicide. Dr. Jacky Jones, a former regional manager of health promotion with the HSE, described the course as the mental health equivalent of neighbourhood watch. I commend the National Office for Suicide Prevention website. To members of the media I recommend reading the media guidelines for reporting suicide and self-harm published by the Irish Association of Suicidology and the Samaritans. A number of organisations do great work in this area. Representatives of 1life campaigned outside Leinster House before Easter. It has a 24 hours a day, seven days a week dedicated suicide intervention and prevention helpline on 1800 24 7 100. That organisation helped 36,000 callers in its first year and receives more than 3,000 calls every month. I also recommend the organisation Suicide or Survive which can be contacted at 1890 577 577. Suicide or Survive provides a range of educational and therapeutic programmes that increase understanding of suicide and play an active role in its prevention in Ireland. People should know that they are not alone and that help is available. On an individual basis, people should be aware of friends, family members or work colleagues who may be dealing with mental health difficulties. A simple action like just being a friend to somebody can be the most important thing in the world. I hope that all the contributions to this debate will help in tackling the risk of suicide.

Deputy Brendan Griffin: I appreciate the opportunity to speak on this issue. I acknowledge the many contributions to this debate made by Deputies from all sides of the House in recent weeks. I hope some of the very positive suggestions and ideas mentioned here over the course of the discussion can some day be implemented where possible. Unfortunately, like every Deputy, I have known many people who have died as a result of suicide. I recently considered the very shocking statistic that three out of 120 from my secondary school year group have died as a result of suicide and most of us have not reached the age of 30 yet. That is just one example and there are similar examples from throughout the country. It is a very sad and tragic situation. I hope that through these statements, along with the actions of the Government and various State agencies, this problem can be tackled and we can see an improvement. Unfortu- nately, each death is one too many and any improvement needs to be built on. It is an issue that affects every part of the country, crossing geographical and social boundaries. It will take a very comprehensive approach to tackle the issue. Our approach to the problem of suicide needs to incorporate actions from every Department and is not simply a problem for the Department of Health and Children. Many aspects of the problem relate to other Departments and we need a comprehensive approach to the issue. For example the Department of Transport, Tourism and Sport has a major part to play. The links between physical activity and mental and physical well being have been well proven, and that needs to be improved and worked on. Sporting clubs and organisations that do fantastic work for their local communities have a role to play in helping to tackle this problem. The Department of Education and Skills has a major role to play in shaping attitudes to the problem, informing our young people and helping to eliminate the stigma that as many speakers have mentioned is still a large aspect of the problem. As Deputy McFadden said, the media need to report suicide incidents in a very sensitive and appropriate manner at all times regardless of the individual involved. Unfortunately, when a celebrity or well known individual is involved, there seems to be a deviation from the best practice code, which needs to be tackled. Even local government has a role to play. It has been proven that pet ownership can help to tackle the problem of depression and yet, according to the ISPCA, 30,000 dogs are put to sleep every year. Britain has a scheme offering those suffering from depression the opportunity to 57 Suicide Prevention: 3 May 2011. Statements

[Deputy Brendan Griffin.] avail of dog ownership with the thinking that people will engage in more physical activity by simply walking the dog and that interaction between humans and dogs can be therapeutic and helpful. This is only a very small suggestion but could perhaps be considered. It will not solve the problem but could certainly help. If but one life could be saved as a consequence, it should be considered. I acknowledge the considerable contribution by Deputy Dan Neville, who has dedicated years to addressing this issue and who has done fantastic work on mental health. Much work on suicide and self-harm has already been done by the State and State agencies. When I asked a question about suicide statistics and the problem of suicide in the HSE south area at the regional health forum for that area in February, the response I received was very comprehensive and detailed. It proved that so much work has already been done in this area. Unfortu- nately, however, we seem to be losing the battle. We need to consider how best we can use our resources and the agencies of the State already working on this issue to try to improve circumstances overall. Next Saturday morning I will be taking part in the Pieta House-sponsored Darkness into Light walk, which will take place at 4 a.m. in Killarney National Park. The walk symbolises the move from darkness into light and is in remembrance of a number of locals who died by suicide. The initiative and similar initiatives need to be welcomed and encouraged. They all help to eliminate the stigma that is, unfortunately, still associated with suicide in Ireland in 2011. I will be delighted to attend the See Change campaign briefing on Wednesday, 11 May from 9.30 a.m. to 11 a.m. in the Oireachtas audiovisual room. I encourage all Deputies to attend. I know many will be attending, having spoken to them. The campaign is an example of a positive initiative that needs to be encouraged. I sympathise with all those affected by suicide who may be watching this debate on the Internet or who may read the transcript thereof at some stage. Possibly every household in the country has been affected by suicide, a problem on which we all need to work together to solve.

Deputy Joan Collins: I wish to share my time with Deputy Seamus Healy.

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

Deputy Joan Collins: I join Deputy Griffin in sympathising with all those affected by suicide. We must address the nitty-gritty of the problem. There is a distinct link between the economic downturn, especially the rise in unemployment, and suicide. Amnesty International has made this very clear. It seems likely that the increase in the suicide rate is primarily a result of the impact of the economic downturn with substantially more people unemployed and suffering from personal debt. One of the main problems with which the Dáil must deal is unemployment because doing so will give people more hope and income and allow them to put their children through college, etc. The Government is not really dealing with this and will not be able to do so because it has accepted the diktats of the IMF and European Union. While my point very much concerns economics, it is a key issue. The suicide rate will continue to escalate under the prevailing economic conditions unless the problem is addressed with real drive by creating jobs. People Before Profit and my fellow United Left Alliance Deputies believe this should be achieved by putting thousands of people back into the workforce in publicly funded jobs. I refer to the building of schools, as mentioned in the budget statement, the retrofitting of homes and addressing the water crisis associated with the condition of pipes all over the country. A 58 Suicide Prevention: 3 May 2011. Statements national employment programme would make a big difference in preventing the worsening of people’s circumstances. A key cause of suicide is the extremely poor quality of mental health services. I have experience of people having to rely on public health service psychiatrists, etc. What generally happens is that one receives an opportunity to sit with a psychiatrist once per month. The psychiatrist changes monthly, however, and there is no continuity. Many of the patients are older women and men. They may have to talk to young women doctors who are probably in the initial stages of training, and this does not help when dealing with the issue of depression. Amnesty International has identified the poor quality of mental health services in Ireland as a key cause of suicide. Suicide is preventable and better mental health services would mean fewer people dying in this tragic manner. Amnesty International makes the point that adequate treatment of major mental disorders decreases the risk of suicide and is an effective way to prevent suicide in health care. Ireland still lacks a modern, adequately resourced community mental health service. The Government should address this. There is an absolute need to prevent suicide and this can only be done by investing in the appropriate services. The need to move towards a well funded, properly resourced community-based mental health service is crucial. International evidence shows that good community-based services, by comparison with traditional hospital services, are linked to lower suicide rates. In Ireland, 80% of mental health resources remain tied up in hospital-based treatment. This is a model we must move away from. It represents another appalling failure of the HSE to carry out reform in this area. Amnesty International claims the failure to reform mental health services means Ireland continues to fail to meet international human rights standards. As a society, we must meet those standards, and this can only mean resourcing the appropriate services. How are we to resource the services in the current climate? The forthcoming review of the Mental Health Act 2001, committed to in the programme for Government, must result in legislation to force the HSE to implement urgent reforms. Many of the people I have been meeting recently, particularly mothers and fathers of autistic children, who are trying to get their children into schools and have their disabilities assessed, are now being told there is no point in having them assessed because there are no special needs teachers to serve them. This is an absolute scandal. It is one of the economic and social issues we must address. We must be willing to step up to the mark in this regard, put resources where they are needed and impose taxes where we can. We know there is plenty of money within certain sections of society. The very wealthy in this country do not pay a cent in tax. If they were taxed and the money were invested where needed, we would have a way of moving forward. Until the Government meets this challenge, we will continue to experience the sorry economic circumstances we are experiencing at present and fail to step up to the mark with regard to suicide prevention.

Deputy Seamus Healy: I congratulate the Minister of State with responsibility for mental health services on her appointment and wish her well in her new office. I agree with previous speakers about the effects suicide has had on families throughout the country. I sympathise with the families and relatives who have been through this experience. Unfortunately, many families have had experience of suicide over the past number of years. Some families would have been aware of mental health difficulties but others have seen suicide occur almost out of the blue. It is a very important problem to be dealt with as it is a matter of real concern for many people in our community. I thank the many voluntary organisations working in this area, such as the mental health organisation, GROW, Aware and others. There are also many local organisations who are 59 Suicide Prevention: 3 May 2011. Statements

[Deputy Seamus Healy.] doing exceptional work on this issue on behalf of families and persons with mental health difficulties. As Deputy Collins said, funding is undoubtedly a serious issue for many of these organisations. According to today’s newspapers, an organisation in Wicklow has indicated that unless its funding can be re-established it might have to close an important and energetic service it has been providing for many years. Like other Deputies, I regularly encounter people at my clinics who are experiencing unemployment for the first time. These are people whose families have no history of unemployment. It can be hugely distressing for people to find themselves in that situation. I have met people at my clinics who are completely frustrated, distressed and simply do not know 7o’clock what to do. They have always worked, either in good jobs or in self-employment, and suddenly find that they are dependent on the social welfare or community welfare services. It is distressing and frustrating for them that they are unable to look after themselves or their families. The problem of unemployment must be tackled. If it is, it would deal with at least one aspect of the suicide issue. Another matter dealt with by Deputy Collins is young children with special needs and the difficulties they have. Unfortunately, it appears that the special needs area is being targeted for cuts in the education sector. Again, if this is allowed to progress, a growth in the suicide figures will become evident. Obviously, where young people are already experiencing difficulties in a school, social or family setting, those difficulties must be dealt with early or a situation will develop later that will give rise to many social ills, including suicide. The number of suicides in the past number of years is a cause of concern. It opens our eyes and certainly suggests the issue must be dealt with seriously and tackled on an immediate and ongoing basis. There were 527 suicides in 2009. It is a terrifying figure. The breakdown of the figures shows that substantially more men than women take their own lives, with the rate for young men being significantly higher than that for young women. Young men in the 20 to 24 year old age group are particularly affected. Implementation of the A Vision for Change document is hugely important in dealing with the issue of suicide. Certainly, the development of community-based services is vital to ensure that services are available on a family and local basis, and not just through the HSE but also through local community and voluntary organisations. Some people who have mental health issues prefer to deal with non-statutory organisations. The implementation of the community- based services proposed in A Vision for Change is very important. As Deputy Collins said, there are huge resources available to be tapped. Numerous reports have suggested that approximately €250 billion in assets are in the hands of a small number of very wealthy people in this country. There is no assets tax on those assets. If those assets were targeted, there would be huge amounts of money available to deal not only with suicide, but also many other issues.

Deputy Joe Costello: I am delighted to have the opportunity to speak on this important issue. I congratulate the Minister of State, Deputy Kathleen Lynch. This is the first opportunity I have had to speak before her in the House. I acknowledge her commitment to dealing with this issue and what has been done already through the ASIST, applied suicide intervention skills training, programme and the See Change initiative. I also pay tribute to Deputy Dan Neville who, long before he became a Deputy, identified suicide as a major malaise in Irish society. I recall that as a Member of the Seanad he was one of the first, if not the first, to raise this issue and he has pursued it in the years since. Third, I pay tribute to all the voluntary organisations who are doing such good work, such as Pieta House, ASIST, Aware, the Samarit- ans and so forth. 60 Residential Mortgage 3 May 2011. Debt: Motion

Suicide is the silent killer in our society. It destroys lives, creates victims and causes devastation to many families in this country. As Members are aware, there are twice as many deaths by suicide as there are deaths on our roads. That is a dreadful statistic when one contemplates it. The two main causes of death among young people are either suicide or road traffic accidents.

Debate adjourned.

Private Members’ Business

Residential Mortgage Debt: Motion Deputy Thomas Pringle: I move:

That Dáil Éireann:

recognises that:

— the burden of bank recapitalisation severely limits the capacity of the Government to positively lead this country out of recession and back to economic normality;

— the burden of negative equity and mortgage arrears severely limits the capacity of the households of Ireland to live happy, secure and productive lives;

— the banks, regulators and previous Governments were negligent in allowing the “property bubble” to arise and failed in their fiduciary duties to their customers, especially to mortgagees of principal private residences — the families of Ireland — to whom they had a special duty of care;

— the Bank Guarantee and NAMA have crippled the normal workings of our financial and property markets and have not as yet contributed any positive outcomes;

— arising from the unique circumstances that now occur, emergency measures must be used in order to solve the problems caused by earlier, and flawed, extraordi- nary measures;

— real people are living in real houses and making real payments on these “negative equity” homes while their banks are exploiting the financial situation for their private benefit;

— the wider economy is in desperate need of fresh credit and renewed banking competition; and

— the dangers of allowing families to be trapped in a lifetime of debt and lost economic opportunity far outweighs the current selective interpretation of the “moral hazard” of assisting families in negative equity; and

resolves:

— to instruct the Minister for Finance, as the controlling shareholder in the covered banks, to adopt a policy of using whatever emergency measures are deemed necessary to reduce the unsustainable debt burden being placed on mortgagees of principal private residences in the State; and

— to ensure that the means used minimise the burden on the taxpayer and ensure that households can contribute fully to our national recovery. 61 Residential Mortgage 3 May 2011. Debt: Motion

[Deputy Thomas Pringle.]

I wish to share time with Deputies Stephen Donnelly, Mattie McGrath, Maureen O’Sullivan, Finian McGrath, Mick Wallace and Clare Daly. I propose to take ten minutes and the others will each take five. The Technical Group has brought forward this motion because the next big crisis we will face in the context of banking will relate to mortgage debt. In fact, it has already arrived. The motion is an attempt to place it centre stage and try to explore how we might achieve solutions. As everyone is aware, in September 2008 the previous Government began the process of socialising bank debts which it transformed into sovereign debt, which led to the necessity for the EU-IMF bailout in November last year. Despite claims to the contrary, the Government has continued the policy of its predecessor. It has enhanced the guarantee and further tied the future of the bank bailout with the sovereign debt. It has missed the opportunity in its policies to be truly radical by bringing forward changes that will put the people first. The speculators, the bond markets and the banks which, as the Labour Party is so keen to point out at every opportunity, were completely reckless and placed us all in receivership should not come first. As the total amount required for the recapitalisation of the banks passes €70 billion and the national debt heads for over 125% of GDP, hundreds of thousands of households are suffering under the burden of ever-increasing mortgage arrears and negative equity. We must as a matter of urgency develop policies which would assist in lifting households out from under this massive burden and enable them to participate in the domestic economy. If such participation was encouraged, consumption could be increased and additional revenue would accrue to the State as a result. At the end of 2010 over 13,000 mortgages were in arrears for 90 days or more. Some 31,000 mortgages were in arrears for over 180 days. The total value of these mortgages is over €8.6 billion. There is a widely held view that when home owners are in arrears, very few will be successful in re-emerging. We do not know if the banks have made provision in their estimates for defaults on mortgages. As they have not told the truth during this crisis, we do not know what the real figures are. We are rapidly reaching the point where wholesale repossessions will begin to occur. The banks have signed up to moratoriums on repossessions, but this is only serving to mask the true extent of the problem. As house prices continue to fall, the number of households in negative equity of over €50,000 will exceed 300,000, while over 60,000 households will be in mortgage arrears. In a recent discussion document on the financial crisis the IMF stated efforts by the banks to reduce the burden of household loans had not been adequate. There is clearly a need for the State to intervene. We have a responsibility to the people, not merely the Irish and European banks which created and fuelled the crisis in which we find ourselves. It is not sufficient to state we must get the banks back working. This will not solve the problems of thousands of families that are drowning under the weight of massive mortgage debt. They were conned into obtaining such debt as a result of the policies pursued by the banks the Government is intent on saving at the cost of our entire society and sovereignty. The Government is quick to remind anyone who will listen that it did not create the problem, that it was Fianna Fáil which was responsible for doing so. The current Administration is part of the problem. It has taken the baton from Fianna Fáil and is now running its race. The Government must be part of the solution. The Minister continually points to an export-led recovery that will solve our woes. Infor- mation released earlier today shows that export figures are the second highest for 11 years. However, exports are still only approaching the levels they had reached prior to the financial 62 Residential Mortgage 3 May 2011. Debt: Motion crisis. If we depend on them at this stage, too many families will be destroyed while waiting for recovery to happen. The banks have alluded to some policies which they may consider. On the publication of its disastrous annual results, AIB stated it would consider some form of debt forgiveness. This is not good enough. The programme for Government refers to some policy issues which may be pursued, including increasing mortgage relief for first-time buyers for a specified period, putting in place moratoria on repossessions and increasing the use of the mortgage interest supplement. This is merely tinkering at the edges. The Government continually states it has a mandate. It is beyond time this should be used to assist those in real need of help. The Government should stop saving zombie banks and instead concentrate on saving viable households. It should assist real people because they, in turn, will restore the economy by using the money they will save on not paying unsustainable debt by making a contribution to ensure we survive the recession. The Minister for Finance is, on behalf of the people, the major shareholder in the banks. As the major shareholder, he can present the latter with policies on mortgage debt that can have real meaning. He can also ensure these policies will be implemented. He can call an emergency general meeting and oblige the banks to accept policies that will ease the burden on households. There are proposals relating to debt forgiveness, increasing the terms of loans or engaging in debt for equity swaps. If we initiate a debate on a programme relating to this matter, there are other innovative responses which could provide a solution to the problem of mortgage debt. What we require is a solution which would put the people and their well-being to the fore. That is what the motion seeks to achieve. One of the most striking aspects of the entire financial crisis has been how the people are not being considered. The Government has paid a great deal of lip service, but there are no policy developments we can highlight which indicate that people are being put first. When someone proposes helping mortgage holders, the first response is, “What about moral hazard?” What about it? It is somewhat rich to refer to moral hazard when discussing the banks. It was they which placed us in the situation in which we find ourselves by offering 100% mortgages, pursuing market share and super profits and providing ever increasing shareholder dividends. There is no moral hazard in assisting householders to participate in community life without the burden of unsustainable debt. Households in debt do not spend. Neither do they invest and the wider domestic economy suffers as a result. This is evident in each month’s Exchequer months, in the decline in VAT returns and the reduction in consumer spending. The loss of economic opportunity is the real moral hazard. The moral hazard is that we will do nothing and leave householders in the hands of the banks. I commend the motion to the House.

Deputy Stephen Donnelly: In February I spoke to a woman in Arklow who outlined to me the situation in which she found herself. She and her husband were self-employed and had recently lost their business. They are from Dublin, but they bought a house in Arklow because that is where they could afford to purchase one. They are now in negative equity. When I spoke to her, she stated they were about to run out of money and that because they were self- employed, they would not receive any assistance from the State. She indicated that they would default on their mortgage some three weeks later and that they were trying to work out how they might keep their house while also being in a position to afford to buy food for their children. There are many people who find themselves in similar situations. Approximately 200,000 households are in negative equity. In addition, in the region of 45,000 households are in arrears for more than 90 days. This does not include all of the restructuring 63 Residential Mortgage 3 May 2011. Debt: Motion

[Deputy Stephen Donnelly.] that has happened. Inevitably, these figures will continue to rise. We know that jobs will continue to be lost, that wages are falling and that it is inevitable that taxes and interest rates will rise. The total number of households in mortgage arrears doubled between December 2009 and December 2010 and this number will continue to climb. Last year the banks were involved in 600 repossessions which occurred during a moratorium, under the provisions of which the banks cannot pursue mortgage holders until they have been in arrears for 12 months. What is the result of this for those who are in negative equity or arrears? Those who are in negative equity and arrears are completely trapped. They are going to lose their homes and under current policy, their debts will make it impossible for them to begin again. Under existing bankruptcy laws, their debts will follow them forever. They will not be able to obtain new mortgages or invest in their futures or those of their children. They are trapped. Those who are in arrears will ultimately be forced to dispose of their houses in fire sales. Those who are in negative equity and can afford to pay their mortgages will be obliged to use all of their income to clear dead debts. These individuals will not be able to participate in the economy or make an investment in their children’s education or their futures. There are several aspects of what happens in Ireland which make matters worse. First, we have got the most stringent bankruptcy laws in Europe, so people’s debt follows them forever, unlike in the UK and the US where people can start again. Second, we own the banks and, therefore, any burden sharing we insist be taken by the banks ends up being taken on by the people, which is difficult in the current environment. Third, we have extremely weak tenant protection. There is an entire generation of Irish people who will be renting for the rest of their lives. They will not be able to get out of negative equity. They will not be able to buy a house anywhere. They will have to raise their families under circumstances whereby a landlord can give them five or six weeks’ notice to leave. That is a far from ideal situation. The question is whether we should help people in this situation. One argument being put forward is that these people made free choices and they should accept the consequences of their actions. As Deputy Pringle alluded to, that is a principle we would all understand, but it does not seem to apply to bondholders, where other people bear the cost of their actions. I agree with the principle and we have to ask who is culpable for these arrears and the huge negative equity. The people who took out the loans must bear some of the responsibility, but who else is culpable? We know the banks are culpable. We know they gave out 100%, 110% and 120% mortgages. We have plenty of anecdotal evidence that they encouraged people to borrow more and more. We know the ratio of income to total mortgages taken out increased to a level that was unsustainable. Should they bear some of the burden? Of course they should. The State also bears some of the burden. We know the Financial Regulator failed in his duty and we know the previous Government was a cheerleader for the property boom. It provided tax breaks, let the regulator fail and so on. Unfortunately, we know the current Government failed to do anything about this when in Opposition. Its constituent parties were very silent on the issue until it became far too late to do anything about it. Therefore, the Government, the State, the banks and the people who took out the loans are all culpable and therefore should all share the burden of the debt. That is a simple principle that we should have applied also to the bondholders, but we decided to do what Europe wanted instead. The current programme for Government contains some good ideas and I commend the Government on them. The programme mentions increasing the interest rate relief for first-time buyers, extending the moratorium for repossessions, fast-tracking personal bankruptcy reform, and bolstering the power of the money advice and budgeting service, MABS, to include binding arbitration, which would allow for burden sharing. Unfortunately, when pressed on this repeatedly over recent weeks, the Minister for Finance would appear to be dodging the question. He 64 Residential Mortgage 3 May 2011. Debt: Motion answers by saying, for example, that it is a matter for the Central Bank. I encourage the Government to bring forward a serious timescale for when these measures can be introduced. It would be very useful. We need debt forgiveness for mortgages in negative equity, again following the principle of accountability. We can use debt for equity deals. They have been used very successfully in the UK and can be used in this country as a reasonable form of burden sharing. We need to extend the interest payment protection to people who are working.

Acting Chairman (Deputy Ciarán Lynch): The Deputy needs to conclude.

Deputy Stephen Donnelly: We need to——

Acting Chairman (Deputy Ciarán Lynch): The Deputy’s time has expired. I call Deputy Mattie McGrath.

Deputy Stephen Donnelly: ——subsidise the interest rates.

Deputy Mattie McGrath: I am delighted to speak on this motion and I compliment Deputy Pringle on doing the legwork in getting it put forward. It is my own fault that my name was not signed to it because I did not get it in on time, but I fully support the motion none the less. I also compliment the Minister on his appointment and wish him well. The difference in attitude since he changed sides in the House is mind boggling, but that is government and this is the Opposition. None the less, it is not much solace to hard-pressed home owners. Home owners are carrying a disproportionate burden of debt and are suffering the hardship of negative equity. The extent of the property crash and the related banking crisis were the result of reckless bankers borrowing from other reckless bankers who behaved in a speculative way but who are now demanding their money back at any cost. They were allowed to do all this by the Government of the day and by the Minister and his party, of which I was a part but with which I was very unhappy. People on the Government side of the House might be unhappy at the moment, but they have to do things when in government owing to the situation with the Whips. It is an unsatisfactory situation. The regulation involved has been described as light touch, but we all know that regulation was non-existent. The saddest part is that the regulators retired with pensions. We were told they had contracts but according to any layman’s interpretation, the contracts were not fulfilled. Anyone who is in business knows a contract is a two-way document and that if one person does not fulfil it, the contract becomes null and void and that person suffers the consequences. Many home owners find themselves in this situation because the paperwork and the legal background for these loans were not properly done. Tests on the ability to repay were either overlooked or were just paid lip service. Many loans were given out at 110% and 120%. Where was the regulation and where was anyone to say “stop”? There are many parties to this and the person who signs on the dotted line is expected to have studied the contract. However, all the advice was flippant and gung ho. The money was like manna from heaven and there would never be an end to it. As we saw last week in the Nyberg report, alternative options to the blanket guarantee were not seriously considered either. When the bank guarantee was brought in, we were all told at very short notice and backbenchers from the Government parties were told it was a doomsday situation and that we had no choice. We have asked many times since why there were not other options, but it was all hush hush. I am very suspicious of the whole thing. Ordinary people are bearing the brunt of these failures and many people, including young families, are being squeezed to the point of despair. The previous topic for debate was suicide 65 Residential Mortgage 3 May 2011. Debt: Motion

[Deputy Mattie McGrath.] prevention, and unfortunately many people are being driven to suicide. It is creating huge pressure and it is unfair. I fully support this motion. We should look at various ways to solve these problems. We should be able to extend the time limit on the loans. We should look at the human situation of families trying to live through every day under enormous pressure. All the money is going into paying off the mortgage, even though many do not succeed in doing so. In some cases, it is only paying the interest. These people cannot be expected to play any reasonable part in raising their family with any modicum of self-belief, self-respect or training for the future, not to mind empowering their children to live normal lives. We all know the expensive pressures on parents with children in schools, at parties or whatever. People are willing and able. They must be given a chance. They must be dealt with fairly. Why should they be expected to pay for the sins of the developers, speculators and bondholders? They are being burned. They are at a new low after just two months, having been promised an awful lot by this Government which has just changed seats and pursued the same policies. That is very disappointing for them and it does not give them much hope. We will have to examine possible ways to allow these people to trade their way out of this. They are willing to do that if given the chance.

Deputy Maureen O’Sullivan: I acknowledge the role of Deputy Thomas Pringle in working on this motion and bringing it before the House. There are many groups of people hurting in this country. One such group consists of mortgage holders who bought property in our so-called Celtic tiger years. They believed the tall stories about getting on the property ladder and that if they did not do it then, they would never get to own their own home. They believed the tall stories about 100% mortgages and that they would always be able to make the payments because they were told that the good times would last forever. They believed the tall stories about the benefits of tracker mortgages. The expression “the dogs on the street” has been applied to a variety of situations, and it can also be applied to this situation. The dogs in the street knew that the property bubble would burst, that it was just a matter of time before it did so and that it was inconceivable to spend astronomical amounts on a house of four, five and six times its real value. The dogs on the street knew the foolishness of what was going on, yet our so called experts on banking and finance did not have their finger on the button, but actively encouraged increasing numbers of people to buy into the myth and the lie. It is frightening to read the statistics on mortgage arrears. According to our own economic indicators carried out by the Oireachtas Library service, since September 2009 the number of mortgages in arrears has increased by approximately 18,000. At the end of 2010, there were more than 40,000 in arrears with a steady increase in the numbers of seriously distressed mortgages. It is obvious that once a mortgage becomes distressed, it becomes very difficult for the borrower to reverse that position. What is also obvious from the statistics is that the sooner the customer or borrower engages with the lender or lending institution, the better the chance that the mortgage will not become delinquent. The first strong action needed, therefore, is for everything possible to be done to ensure the lending institution engages with the borrower in difficulty sooner rather than later. When I look at the housing section in the programme for Government, it acknowledges that the policy of putting the interests of big developers and bankers ahead of people looking to purchase a home was a direct cause of Ireland’s disastrous property boom and bust. It also states that the Government is committed to helping home owners in distress to weather the recession, and it acknowledges that more protection is needed for home owners with distressed 66 Residential Mortgage 3 May 2011. Debt: Motion mortgages. I look at the details in our Private Members’ motion and see common ground. I do not really see where there is space for the Government to vote against this and perhaps that is why there is only one member of the Government is present. They all agree with us. We are looking for the Minister for Finance to consider emergency measures on this matter. The programme for Government states: “A more radical approach is needed to protect families in fear of losing their home”, — more common ground. Part of the plan is for the money advice and budgeting service, MABS, to be converted into a strengthened personal debt management agency to support those families in dealing with their debts and provide protection and space for people to sort out their affairs. The plan is also to make greater use of the mortgage interest supplement to support families who cannot make their mortgage repayments, which it is acknowledged is a much better and cheaper option than seeing families having their homes repossessed and then going on to receive rent supplement. Other measures that can be considered include paying interest only for a significant time, paying interest on part of the capital, payment holidays, deferring all or part, lengthening the term of the mortgage, which would reduce payments, being flexible to ways of changing the type of mortgage, and a deferred interest scheme. It is also important that the Central Bank’s code of conduct on mortgage arrears be respected. Part of that code is that the lender is obliged to consider alternative repayment options while not obliged to offer one. The difficulty is where the lender states he is not willing to offer a repayment arrangement. I note the lender must give the reasons in writing and inform the borrower of other options, but it is not strong enough to prevent repossession. There is much to commend in that code but I hope the borrower can be assisted in practical ways because there is much form filling, meetings and legalities to be gone through. The code states that the aim of the mortgage arrears resolution process is to avoid the repossession of family homes. No doubt a terrible injustice has been done to ordinary home owners by reckless and unscrupulous bankers and developers who most definitely are not facing the reality of losing their generally palatial homes, both here and abroad, in the same way that ordinary home owners are facing repossession of their homes. The Government must put ordinary citizens who are in difficulty first and not allow the banks exploit the financial situation.

Deputy Finian McGrath: I thank the Ceann Comhairle for the opportunity of speaking to this important motion from the Independent Members. I also commend my colleague, Deputy Pringle, on bringing this before the House and having this urgent, two-day debate on supporting and assisting householders in the State. Before I go into the details of the motion, I wish to state that it is a national disgrace what has happened to this country. Government, bankers, developers and the greedier sections of society ruined our great little country with their gross incompetence, greed and rampant mé féinism. The founders of the State and those who died for republican and democratic principles must be turning in their graves, especially just after the Easter break. These fat cats let the people down, let the economy down, let householders down and let themselves down. It is important in this debate that we all acknowledge that before we start to try to make an effort to clean up the mess. I say to the Government that when cleaning up the mess, householders and children with a disability should not be penalised by the greed and actions of others. That is a key point in the broader debate. There must be a bottom line and cutting special needs services should not be part of any resolution of this issue. The Government has clear choices. The Independent Members have put forward choices and options for the citizens. It is a sad state of affairs for the country when only two Govern- ment members are in the Chamber listening to the debate. I hope the householders and the 67 Residential Mortgage 3 May 2011. Debt: Motion

[Deputy Finian McGrath.] mortgage holders of the country are aware that this important issue facing the people is being ignored by the Government parties. We need a country built on equality and justice. Ireland was once known as the land of saints and scholars but today it is better known as the land of scandals and tribunals. Politics and politicians, banking, the church, business, medicine, the law and the Garda have all suffered from erosion of public confidence in the wake of astonishing scandals. Moreover, Ireland has undergone rapid social, economic and political change over the past ten years which has had a profound impact on our value system. For example, the decline in authority and influence experienced by the church in recent years has forced many to seek other sources of ethical and moral guidance. Ireland was a fairly prosperous country, yet this created dilemmas of its own. Difficult decisions about the distribution of resources raise awkward questions for society. How is the tension between the rights of the individual and the overall good of society to be resolved and to whom will we all look for guidance? The political classes, the Government, the church, and the medical or legal professions have all had their credibility seriously tainted by damaging scandals. That is where we are at in this country. The motion states:

— [T]he burden of bank recapitalisation severely limits the capacity of the Government to positively lead this country out of recession and back to economic normality;

— the burden of negative equity and mortgage arrears severely limits the capacity of the households of Ireland to live happy, secure and productive lives;

— the banks, regulators and previous Governments were negligent in allowing the “property bubble” to arise and failed in their fiduciary duties to their customers, especially to mortgagees of principal private residences — the families of Ireland — to whom they had a special duty of care; [. . .]

— real people are living in real houses and making real payments on these “negative equity” homes while their banks are exploiting the financial situation for their private benefit;

— the wider economy is in desperate need of fresh credit and renewed banking competition[.]

These are the core issues in the Independent Members’ motion and we have put forward a number of ideas, some of which the House has heard. I ask the Minister for Finance, as the controlling shareholder in the covered banks, to adopt a policy of using whatever emergency measures are deemed necessary to reduce the unsustainable debt burden being placed on mortgagees of principal private residences in the State. I also ask that he ensure that the means used minimise the burden on the taxpayer and ensure households can contribute fully to our national recovery. I urge the Government and all the Deputies to look at the Independent Members’ motion, to see the reality and pay attention to the detail in order that we can all build up this country again to its proper place among the nations of the world. While it will be tough, I believe we can do it. I urge the Minister to listen to the different points put forward in the debate. I commend the motion to the House.

68 Residential Mortgage 3 May 2011. Debt: Motion

Deputy Mick Wallace: Going around from house to house during the general election, I was struck by the level of difficulties being experienced by people, whether in social or private housing. Most of those in social housing had no work. Those in private housing had jobs but were experiencing terrible difficulty paying their mortgages. It was difficult to credit, as I had not been around the entire county of Wexford previously. Going from house to house, I was amazed at how many people were in trouble. No doubt the moratorium on repossessions has certainly been a help, but there is an element of kicking the can down the road. Matters are a great deal worse than we realise. We are fairly used to the fact that the banks do not tell us everything first-off. We were drip- fed the truth over recent years. I have experience in the construction sector of building and selling apartments and I can assure the Minister that close to 50% of the apartments I sold between 2003 and 2008 are in difficulty. Given that 270,000 units were built between 2004 and 2008, it is hard to credit that only 44,000 are in the difficult position of being 90 days behind in their payments. If this is the case, I will be very surprised if the number does not increase dramatically in the coming 12 to 18 months because I am very much aware of people who bought properties from me who are in severe difficulties. This is having a huge impact on the entire economy. It is very difficult to see how the economy will recover if people are afraid to spend money. They are saving the little bit they have to try to deal with their mortgages and to keep a roof over their heads. It is very challenging. Their take-home pay is less than it was because of tax and they have less disposable income. Any opportunity we have of creating more jobs has been diminished by this. It will be difficult for unemployment figures to go in the right direction if people are spending less money, and God knows this is creating a social misery which is devastating for many people. The notion of debt forgiveness seems unthinkable to many people. However, we know from history that it has been applied before and it worked. Roosevelt used it in the United States in the 1930s after the great depression and it worked to great effect. In this country, in 1932 de Valera introduced a form of it with regard to land tenants who had been repaying money to the British Government for years. At that stage, the payment was £5 million per annum and GDP was approximately £150 million, so it was a huge amount of money. De Valera put a stop to it and did a deal with the British; the British sought £100 million and he gave them £10 million. He took over the debts with the farmers, who were having trouble with the repayments. He halved the repayments and gave them double the time to make payment. At the time, the main argument was that debt forgiveness was good for the economy. It worked, and it was a sensible thing to do. Today, we are at a place where it is definitely something that needs to be considered. I know there are difficulties with it. I know the dangers with regard to moral hazard, whereby one will behave differently if one knows one will be bailed out if one fails. The banks are in good contact with their customers and are aware of who genuinely cannot pay and who can. If work was put into this, we could deal with those in the most trouble and help them out of their situation which would help the economy in general. If I bought a house in 1995 I would like to see someone who bought one between 2003 and 2008 receive help because I would be better off. From a selfish point of view, I would be better off even though I bought my house in 1995 if those who bought between 2003 and 2008 received help because not only would it help us see a bottom in the market, it would also help the economy in general and we would all be better off. If the benefit exceeds the cost it is something the Government should consider.

Deputy Clare Daly: As other Deputies have stated, there is no doubt this issue is a ticking time-bomb, and the ticking is getting louder and an explosion is not too far away. This time last year, almost 30,000 householders had problems. Now the figure is said to be three times 69 Residential Mortgage 3 May 2011. Debt: Motion

[Deputy Clare Daly.] that but, in reality, the figure is probably much more than that. Hundreds of thousands of people are in negative equity. People cannot sell or rent and the houses they are in at present are not adequate to meet their needs. Crucially, they have no way out as they have no ability to meet the repayments being sought from them because their income is falling and mortgages are rising. Adding into the equation the fact that many of these people have been shackled with mortgages of 30 or 40 years duration, it is quite clear that the situation is totally and utterly unsustainable and at some stage something will have to give. It is important that we link this to the overall economic situation and how we got into this mess. Reckless speculation and profiteering on the property market has had devastating consequences for the entire economy and for everybody as taxpayers and citizens, and those who bought at the height of the boom are victims on the double or treble. If one peruses the repossession cases in the courts, one will get an idea of the type of disgusting borrowing practices that were sanctioned by the banks and their culpability in this regard. In recent weeks, there was a case where in 2008 a 48 year-old man was given a mortgage for 35 years at repayments of €3,000 a month. This means that for 17 of those years he would have to meet those repayments on a State pension. This cannot be done and it is an impossible situation to be in. The banks have to take responsibility for this. The programme for Govern- ment speaks about a radical solution. However, there does not seem to be much there that would deliver on this commitment. Extending tax relief and all of the other measures mentioned by Deputies while welcome would not really get to the nub of the problem. In essence, we are speaking about a roof over somebody’s head, which is a fundamental human right. The starting point must be that this cannot be threatened. What is the point of stating to people, and it has been said to people who are short a couple of hundred euro in their monthly mortgage repayment that there is no answer to it, that they cannot receive any assistance but instead they have sell the house and perhaps go into private rented accommodation where the State would subsidise their rent to the tune of €800 or €900? A family would be uprooted with all of the social consequences that go with this, and the cost to the State would be far greater than the cost of making efforts to keep that family in that home. This situation cannot be countenanced. There is a long tradition of opposing evictions and repossessions in Ireland and I would actively defend people fighting to stay in their family home. The Government needs to do much more in terms of the banks. We own almost all of the banks. Increasing interest rates on mortgages is unacceptable and can have only negative consequences in driving more people over the edge and into difficulties with repayments. These institutions have received billions of euros of taxpayers money and are now seeking to saddle us with extra debt through mortgage repayments to restore some of their own profitability. As the owners of the banks we have to state “enough is enough” and it should be ruled out. Ultimately, the only solution to this issue is a retrospective revaluation of all the houses bought during the bubble years and for mortgage payments to be revised downward in line with the new value. Anything else and any other proposal would merely tinker around the edges and would not address the day-to-day difficulties householders have. In this sense, if one is speaking about being radical and addressing the situation, this is the only solution that can be countenanced. It is something that is within our remit given the amount of our money that has been pumped in to the banks in this regard. I urge the Government to consider this as a solution.

Minister for Finance (Deputy Michael Noonan): I move amendment No. 2: 70 Residential Mortgage 3 May 2011. Debt: Motion

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

“— recognises that the recapitalisation and deleveraging of the banking system will facilitate increased lending into the Irish economy and help underpin economic recovery;

— endorses recent reforms in the Central Bank to strengthen the regulatory framework and also the Government’s plans to introduce legislation to enhance the legislative framework governing financial regulation and supervision in Ireland, consistent with best practice international standards;

— notes that the Chairman of NAMA, Mr. Frank Daly, has recently stated that the Agency is exploring ways by which it can provide finance for commercial and residential property deals in line with its objective of reinvigorating the Irish property market and that he envisages that NAMA will work with the two pillar banks to identify solutions which will increase access to residential mortgages for its Irish residential portfolio;

— notes that there are significant Government supports available to assist mortgage holders who are in arrears and are experiencing difficulties with repayments in respect of their principal private residence, including:

— the Mortgage Interest Supplement Scheme (MIS) which provides an important safety net for mortgage borrowers who get into difficulties and that more than 18,500 families are now benefiting from this support;

— advice available through the Money Advice and Budgeting Service (a significant portion of the MABS client base are mortgage holders);

— protection to mortgage holders provided by the Central Bank’s statutory Code of Conduct on Mortgage Arrears (including a moratorium on legal actions by the lender provided the borrower is co-operating and the mortgage is sustainable) which applies to all regulated lenders; and

— lender forbearance (at end of the last quarter of 2010 there were circa 60,000 resched- uled residential mortgage accounts while lenders representing the majority of the market are set to introduce a deferred interest scheme in 2011, which will extend present levels of forbearance);

— welcomes the fact that the existing supports are working and the level of repossessions of family homes remains low;

— affirms its support for the Programme for Government under which a number of proposals aimed at helping mortgage holders in difficulty will be examined;

— commends the Government for its actions to stabilise the financial system and to restore the public finances thereby protecting jobs and home ownership; and

— expresses its confidence in the success of the Government’s efforts to deal with the impact on Ireland of the worldwide financial crisis.”

We are all very much aware of the challenges facing our citizens since the onset of the banking crisis and downturn in the economy. The challenge for Government is to manage constrained resources to ensure that those who are less well off in our society continue to have access to 71 Residential Mortgage 3 May 2011. Debt: Motion

[Deputy Michael Noonan.] an acceptable level of public services including health and education, as well as opportunities for employment to enable them to support themselves and their families. For many individuals the main challenge is retaining the family home at a time when unemployment and reductions in salaries are placing increased pressure on homeowners in making their repayments. For many with mortgages these problems are compounded by falling property prices, with the issue of negative equity restrictions it imposes on options for addressing rising debt, whether by trading down or moving to a new location where employment opportunities are better. Increases in mortgage interest rates will exacerbate these difficulties. As several Deputies drew the attention of the House to these difficulties, there is little need for me to rehearse them. They are common to constituents in every part of the country. Before I address what the Government is doing or planning to do to assist those facing these challenges, I would, first, like to address the wider issues of economic policy raised in this Private Members’ motion, including the impact of bank recapitalisation, meeting credit needs in the economy and the impact of NAMA. As I have stated previously in the House, a key objective of the Government is to strengthen overall fiscal sustainability by separating bank risk from the sovereign. Clearly, this can be achieved only by returning the banking system to health. Shortly after we presented our radical plans to resize and reorganise the banks the ECB issued a number of very important announcements related to the continued availability of euro system funding for our banks. First and most important, it confirmed that, against the background of our decision to recapitalise the banks in line with the Central Bank’s rigorous assessment of their capital needs, the ECB would continue to provide liquidity for banks in Ireland and, according to the Central Bank’s statement on the night of the announcements I made on bank restructuring, “supports the Irish banks plans to deleverage and downsize their balance sheets”. Second, it confirmed that all marketable debt instruments issued or guaranteed by the Government would be deemed as fulfilling the credit standards required for collateral in eurozone credit operations, irrespective of rating. In the absence of such a statement, the risk was that the banks’ access to ECB funding would have been restricted had there been downgrades of the sovereign. These commitments are very important in underpinning the capacity of the banking system to meet sustainable credit need because it is impossible for a bank to prioritise new lending when it is experiencing capital or funding problems. The fact that the ECB will continue to fund Irish banks puts them in a position where they can give credit. Economies cannot function without access to credit. Certainly, they cannot grow without access to the credit required to permit such growth. We know that the Irish banks have lent excessively and imprudently during much of the last decade. As discussed in the recent Nyberg report, credit allocation became heavily skewed towards real estate and development lending and genuine borrowers, for example, in manufacturing and agriculture have seen their percentage share of overall lending reduce annually over time since the end of the 1990s. My Department has recently published some statistics which show how real estate lending became disproportionately large. Other more productive sectors such as agriculture and manufacturing were starved of credit in the rush to lend to real estate developers and even to farmers, shopkeepers and solicitors who wanted to become real estate developers. It is essential to reverse this trend. I am sure many of my colleagues share my experience of being told by small business owners that they cannot get credit from the banks, only to find after examining their balance sheets that, even though they may be operating in a sector of the economy, their difficulties arise because they invested their profits in four apartments and two houses. The mortgages on these properties rather than difficulties in their core businesses are pulling them. 72 Residential Mortgage 3 May 2011. Debt: Motion

The difficulties that brought us to the position in which we find ourselves arose not only from development——

(Interruptions).

Deputy Michael Noonan: Sorry, does the Deputy want me to answer the question asked? The difficulties arose not only from over-investment in development but from the fact that people who ran profitable businesses in other sectors of the economy used their profits to invest in developments which are now dragging them down. The stain spreads right across the economy and it is essential to reverse this trend. Putting more than €10 billion of lending finance per annum back into the economy is clearly a positive development, but it has the potential to impact negatively on the economy if we repeat the mistakes of the past. Working with the Central Bank, the banking policy division of my Department will develop safe monitoring tools to prevent the excessive concentration of lending in risky sectors and ensure lending is made in those sectors that, above all, support sustainable employment. We will proactively encourage lending in the sectors in which we need to see additional growth such as agriculture, manufacturing and the green economy, as well as to allow people to once more buy their own homes. The Credit Review Office which was established by my predecessor has a very important role to play in overseeing the lending behaviour of the banks and supporting the implementation of best practice standards to meet the needs of small businesses. The office commenced operations on 1 April 2010 to ensure Allied Irish Banks and Bank of Ireland achieved their objectives of making €3 billion in new lending finance available each year to SMEs in the period from 2010 to 2012. While this process has improved somewhat the previous wholly unsatisfactory situation, problems remain. The most recent quarterly report from the Credit Review Office states “the perception of bank borrowing being difficult to access” has led to some businesses engaging in the “risky strategy” of investing working capital in fixed asset projects. This puts such businesses in a more perilous position of being unable to trade through difficult trading periods and dampens their investment in improvements or expansion. However, there are some important positive signs. The credit reviewer, Mr. John Trethowen, states the potential of borrowers to appeal to the Credit Review Office against their treatment and credit decision has “in itself had a positive influence on the behaviour of these two banks”. It is a step in the right direction, but clearly more needs to be done. We will build on the work of the office to ensure effective access to enlarged credit lending finance from the pillar banks. NAMA was established as a vehicle to reduce risk in our systemic banks by taking the riskiest loan portfolios off their books and also forcing the upfront recognition of loan losses, while providing these institutions with assets in a form that could be used to access liquidity. In the context of further deleveraging measures in the banking sector being central to the State’s agreement with the ECB, the IMF and the European Union, the deleveraging achieved by NAMA must be seen as a necessary development. NAMA has realised a significant amount of the deleveraging required if the banks are to be restructured to a size more appropriate to an economy the size of Ireland’s. With regard to the agency’s influence in the property market, when I recently met the board of NAMA, I explained that I expected it to review all options in regenerating activity in the property market as soon as possible. Following that meeting, the chairman of NAMA recently stated the agency was exploring ways by which it could provide finance for commercial and residential property deals in line with its objective of reinvigorating the property market. He has also stated he envisages NAMA working with the two pillar banks to identify solutions which will increase access to residential mortgages for its Irish residential portfolio. In that 73 Residential Mortgage 3 May 2011. Debt: Motion

[Deputy Michael Noonan.] context, I understand the agency is preparing detailed plans and that it proposes to enter into discussions with the two pillar banks shortly. In the context of its commercial remit and consistent with section 2 of the National Asset Management Agency Act 2009, it is at all times open to considering proposals aimed at contributing to broader social and economic objectives. It assures me that it will play a key social and economic role by regenerating activity in the property market through its asset sales strategy and the provision of liquidity for the banks in the form of NAMA securities which can be used as collateral for funding. It is a deeply rooted cultural characteristic of Irish people that they value the ownership of their home. Unfortunately, the financial crisis has created conditions in which many home owners, through no fault of their own, find themselves in arrears with their mortgage repayments and at risk of losing their homes. Through its agencies, the State is assisting mortgage holders in arrears in a measured and proportionate manner. This is undoubtedly the correct policy. The mortgage interest supplement scheme, managed by the Department of Social Protection, provides assistance where the mortgage relates to a person’s principal private residence. It currently supports approximately 18,500 mortgage holders. The money advice and budgeting service, MABS, provides a national, free, confidential and independent service operating from 53 offices nationwide. MABS devotes a substantial amount of its resources to dealing with client mortgage difficulties. The expert group on mortgage arrears and personal debt, which was chaired by Mr. Hugh Cooney and included Mr. Matthew Elderfield, head of financial regulation at the Central Bank, as well as other external experts and senior officials from Departments, published an interim report in June 2010 and a final report in November 2010. Since the publication of the reports, the Central Bank has revised the code of conduct for mortgage arrears, with effect from 1 January 2011, to reflect many of the recommendations of the expert group, including key recommendations relating to the introduction by all regulated lenders of a standardised mortgage arrears resolution process, MARP. The provisions set out in the revised code of conduct for mortgage arrears are a very important means of helping all residential mortgage holders. This code sets out how mortgage lenders must treat borrowers in or facing mortgage arrears, with due regard to the fact that each case of mortgage arrears is unique and needs to be considered on its own merits. The code sets out the framework that lenders must use when dealing with borrowers in mortgage arrears or in pre-arrears. For the purposes of the code, a pre-arrears case arises where the borrower contacts the lender stating that he or she is in danger of getting into financial difficulties and-or is concerned about getting into mortgage arrears. Lenders are required to comply with the revised code as a matter of law but have been given a period of six months grace, ending on 30 June 2011, to put in place some of the provisions of the code. The revised code includes more detailed requirements for lenders when dealing with borrowers in arrears and financial difficulties. The most significant changes require that the code will now apply to borrowers who notify their lender that they are facing financial difficulties and may be at risk of mortgage arrears, that is, pre-arrears cases; lenders must establish a mortgage arrears resolution process, MARP, and use this framework when dealing with arrears and pre-arrears customers; lenders must ensure communications with borrowers are presented in a clear and consumer-friendly manner and must make available to borrowers an information booklet that provides details on the MARP; lenders cannot initiate more than three unsolicited communications with a borrower by whatever means in a calendar month other than correspondence required by the code or other regulatory requirements; a lender must not require a borrower to change from an existing tracker mortgage to another mortgage 74 Residential Mortgage 3 May 2011. Debt: Motion type as part of an alternative arrangement offered to the borrower in arrears or pre-arrears; lenders are required to set up an arrears support unit to assess arrears and pre-arrears cases; borrowers can appeal the decision of the arrears support unit and the lender’s treatment of the borrower’s case under the MARP to an internal appeals board that lenders are required to establish; and the complaints process under the Central Bank’s consumer protection code is replaced with an appeals process under the revised code of conduct on mortgage arrears. One very important tool set out in the code is as follows. When a lender is determining the 12 month period, it must wait before applying to the courts to commence legal action and it must exclude any time period during which a borrower is complying with the terms of an alternative repayment arrangement, making an appeal to the internal appeals board or making a complaint to the Financial Services Ombudsman under the revised code. Effectively, if a borrower agrees an alternative repayment arrangement for the mortgage with the lender and continues to meet their revised repayments, the lender cannot start legal action against them to seek repossession. The Central Bank has also written to lenders to issue directions which will mean that lenders cannot impose arrears charges or penalty interest on borrowers who are co-operating with the MARP. One of the main recommendations of the expert group was for a deferred interest scheme. This is intended to allow borrowers to pay at least 66% of the mortgage interest but less than 100% and defer payment of the balance for up to five years based on a full appraisal of an individual borrowers circumstances. Mortgage lenders have been requested to commit to the scheme. Lenders representing the majority of the market have indicated their willingness to implement the expert group’s proposals for a deferred interest scheme or a variation of it. These are AIB, EBS, Bank of Ireland, Irish Life and Permanent, Irish Nationwide Building Society, Springboard and Start. While the deferred interest scheme is voluntary for all lenders, those who have signed up in support of the scheme will be monitored by the Central Bank to ensure compliance. To implement the recommendations of the expert group regarding the mortgage interest supplement scheme, changes to primary and secondary legislation are required. I am informed that the Department of Social Protection is formalising an implementation plan that will set out a framework for the future of the mortgage interest supplement scheme. The recommendation of the expert group to amend the local authority needs assessment process has been implemented by the Department of Environment, Heritage and Local Government. Local authorities have been provided with clear guidelines on the treatment of applicants for social housing support whose mortgages have been deemed unsustainable. Dis- cussions are ongoing between the Department of Environment, Heritage and Local Govern- ment and the Irish Banking Federation to enable borrowers whose properties are to be repossessed to remain in their homes for a period of time, pending the sourcing of appropriate accommodation by the housing authority. It is my understanding that the Minister for Justice and Equality intends to give early attention to the final report of the Law Reform Commission on personal debt management and debt enforcement, which was published in December 2010. That report contains recommendations on comprehensive reform of the system of personal insolvency law in Ireland. While all efforts must be made to assist those struggling with mortgages, the Government must be conscious of the overall impact on the taxpayer. It should be noted that the mortgage arrears and personal debt group did not recommend a formal debt forgiveness scheme. It set out a list of policy considerations in regard to loan modification techniques, which included the potential impact on borrowers and the taxpayer. While I share the concerns of Deputies, I must emphasise that any assistance to mortgage holders must be very carefully targeted to 75 Residential Mortgage 3 May 2011. Debt: Motion

[Deputy Michael Noonan.] ensure there are no additional unnecessary costs imposed on the taxpayer. It should also be noted that not all those in negative equity are struggling to meet mortgage repayments. Many considerations must be taken on board and I thank Deputies for their contributions.

Deputy Michael McNamara: I wish to speak against the Private Members’ motion because it contains an inherent contradiction. On the one hand, the Technical Group would have this House instruct the Minister for Finance, as the controlling shareholder in the covered banks, to adopt a policy of using whatever emergency measures are deemed necessary to reduce the unsustainable debt burden placed on mortgage holders and, on the other hand, to ensure the means used minimise the burden on the taxpayer and ensure householders can contribute fully to our national recovery. This side of the House agrees it is essential to the recovery of the State that householders can contribute fully to it but we must not provide that they do so in a way that further burdens taxpayers with debt. Most of us in this House agree wholeheartedly on some of the concerns raised by the Techni- cal Group. Deputy Finian McGrath criticised the lack of members of the Government parties in the Chamber. Unfortunately, he did not hang around long enough to hear any of us speak or the other side of the argument. Notwithstanding this, I commend him on indi- 8o’clock cating his concern on the need for equality and social justice which is shared by Members on this side of the House. I fail to see, however, how it would contribute to equality and social justice if taxpayers were burdened with further debt, which is effectively what is being proposed by the Technical Group. The Technical Group proposes in a rather non-technical manner — I have yet to hear a single proposal from it, other than a reiteration of the concerns shared by everybody in the House — that we can somehow magically write off the debt as if it would have no consequences, but it would have consequences because, as those of us on this side are sorely aware, the banks, in particular the pillar banks, require capitalisation to ensure they can again play the role banks play in modern economies. They can lend money in the economy to allow businesses to acquire the credit they need to survive on a day-to-day basis and people to buy houses from property developers such as Deputy Mick Wallace who has told us 50% of those who acquired properties from him are now in negative equity. He proposes a system of Houdini economics in which we could all fly clear of the decisions made. Everyone who took out a mortgage did so in the belief he or she could repay it. Those of us on this side of the House are fully cognisant of the fact that economic circumstances in the State have changed dramatically. It is for that reason the Minister for Finance has outlined in considerable detail the Government’s proposals and the requirements of lending institutions to ensure account will be taken of the changed circumstances. However, Deputy Mick Wallace pointed to Eamon de Valera who represented County Clare long before I did and spoke about him refusing to pay back the land annuities as if somehow this was a magic solution without consequences. It was not without consequences. First, de Valera’s actions led to a land war, as well as an economic war, between the State and its major trading partner which arguably crippled our biggest market for 20 years. Second, de Valera took these actions in a very different world from the one in which we live. It was a world in which the State could exist in splendid isolation from its trading partners. That is not the case today. We have to exist in a modern world in which international finance and international agreements made by the State must be fulfilled, including the bank guarantee which my colleagues in the Labour Party opposed and which the Government Deputy Finian McGrath supported brought forward. Each of us is suffering the consequences and every taxpayer is shouldering the burden of that guaran- 76 Residential Mortgage 3 May 2011. Debt: Motion tee. I propose that taxpayers should not be further burdened and that the weakest and most vulnerable should not be saddled with further taxes.

Deputy Michael McCarthy: I am pleased to have the opportunity to speak in support of my party’s amendment to the motion. Unless someone has been living under a stone in the past few years, we are all well aware of the extent of the financial crisis gripping the country. We are also well aware of the economic abyss in which we find ourselves and, unfortunately, the banking crisis that was not the creation of the Government. In many respects, the country is in receivership. We are dealing with the results of arch conservative, right-wing politics which brought the country to a halt and literally put us into receivership. To take a particular angle to the debate without being cognisant of the historical context is akin to throwing a dart in the dark. It is aimless. In that context, I will confine my remarks to the manner in which home owners are struggling and also the bank bonuses in terms of the culture in the banks which has not been brought to an end in recent times. We must be cognisant of where we are going and ensure the mistakes are not repeated. One in ten home owners is struggling to pay his or her mortgage and trying to stave off repossession. A total of 400,000 people are out of work. The previous speaker was correct when he stated that when people took out mortgages, they did so in good faith and they believed they would be able to repay them. Unfortunately, given the economic and unemployment crisis, that is no longer the case. As the Taoiseach put it so well today, we are confronted by a challenging economic crisis, but it is not an impossible one. With the right decisions we can hope to turn the corner in the near future. Amid the structural changes taking place we must not forget about the thousands of ordinary people who are bearing the brunt of the profound economic crisis brought about by our predecessors in government, Fianna Fáil and its friends in the Green Party. A recent national survey carried out by the Irish League of Credit Unions revealed many worrying trends about people’s financial circumstances, including that 20% of Irish home owners had just €70 left in any one month after they had paid their mortgage and utility bills. Four out of five people said they were worried that they would not be able to cope if unforeseen expenses arose. In that context, it is urgent that we introduce legislation to provide measures to assist struggling home owners. The Minister eloquently brought forward a number of strong points in defence of what could be done in that context, but it is imperative that we drive to take action at this junction to help those facing eviction by the banks, those before the courts because they are facing bankruptcy and those struggling to make ends meet. Analysts have indicated that the European Central Bank will raise interest rates twice within the next 12 months, with the first of these possible increases most likely to take place either next month or the month after. That is extremely worrying because we are dealing with people trying to exist on much reduced incomes. In addition, we have seen the appalling situation in recent weeks where some banks have introduced increased banking charges, which is making it almost impossible for some people to survive. Recently I called on the Government to press ahead with legislation promised in the programme for Government to provide relief for struggling home owners. It is important for us to offer a quid pro quo to those who are struggling. We have seen the manner in which the banks have been recapitalised and the manner in which the previous Government bent to their every whim and need. When that is balanced with what the struggling home owner has to face, there is a huge cry for parity of esteem. The ugly culture of paying banking bonuses sickens people to their core. The Committee of European Banking Supervisors published guidelines in January which advised governments across Europe on various new EU rules for bankers’ pay. One of these guidelines is that 77 Residential Mortgage 3 May 2011. Debt: Motion

[Deputy Michael McCarthy.] investment banks should be forced to limit bonuses to a set multiple of bankers’ salaries agreed with financial watchdogs. It is important that we press ahead with such measures. There are many analysts and experts in what is a complex area. Every time we turn on the television the parliamentarian or the politician is sidelined in favour of an expert. It is experts who got the country into trouble, based largely on right-wing economic policies administered by Fianna Fáil and its friends in the Progressive Democrats and the Green Party. In my previous incarnation as a Senator there was one esteemed Independent Senator with expertise in banking who championed Mr. Seán FitzPatrick and Mr. Michael Fingleton and berated Allied Irish Banks and Bank of Ireland for not following the practices and business model of Anglo Irish Bank. Imagine how badly off we would be if they had listened to his advice.

Deputy Michael Noonan: Who is it? Name him.

Deputy Éamon Ó Cuív: Ba mhaith liom moladh a thabhairt don Ghrúpa Teicniúil as ucht an rún seo a ardú anocht. Níl aon amhras orm ach go bhfuil sé thar a bheith tábhachtach go dtiocfadh muid i gcabhair ar dhaoine atá ag fulaingt de bharr an lag trá eacnamaíochta, iad siúdgomórmhóratá i mbaol a gcuid tithe a chailleadh. I commend the Technical Group on this motion which gives us an opportunity to debate this issue. Obviously there are aspects of the motion I would not agree with and I will address these later in my contribution. I have always had a firm political belief that as many people as possible should be facilitated to own their own homes and that there is a huge value to be put on the stability of families through home ownership. Last Christmas, I was pleased to introduce a scheme facilitating an extra discount for people buying local authority houses. Anyone who walks around local authority estates can see the houses that have been bought because the owners care for them and do extra work to maintain them. The stability of society as a whole is hugely aided by a high rate of family home ownership. I also subscribe to the idea that the State should assist those who have fallen on hard times to hold on to their homes and that doing so is not only good social policy but also good financial policy. I would make exceptions where people bought trophy homes and also where, for social or medical reasons, people cannot sustain a mortgage. The question is what one can do in practice to assist those who are most in need. How can one do so in a cost effective manner to ensure a long-term sustainable arrangement for people? The previous Government looked at this issue and commissioned a report by the expert group on mortgage arrears and personal debt. I believe these recommendations should be implemented in full. I am surprised there was very little in the Minister’s speech about a key issue, namely, a radical restructuring of the mortgage interest supplement scheme, as well as an arrangement for those who could not pay the interest on their loan to pay only 66% of the interest over a five year period. The latter point was mentioned in the Minister’s speech and I understand the banks are facilitating that. The problem with that, however, is that one is only putting off the evil day which will chase one forever. Whether in business or in private life, I have always believed that if an indebted person starts deferring their debt or takes out more loans, they are just digging a deeper hole. If the State believes a person has a future, the only way to help is by providing cash. It is not rocket science. The mortgage interest supplement provides cash. There were also recommendations in the report on how some of the extra money to be spent on the mortgage interest supplement could be recouped from banks. In particular, there was a recommendation that if mortgage interest supplement was being paid, the banks could not charge any higher rate of interest than the basic rate of the loan. If they got the mortgage 78 Residential Mortgage 3 May 2011. Debt: Motion interest supplement directly, the banks would have no greater risk and, therefore would not charge a higher interest rate. The way forward is to change the terms of the mortgage interest supplement. During my term as Minister, work was ongoing in the Department of Social Pro- tection in this regard and we had intended to introduce measures this spring. A schedule has been laid out by my officials to ensure this happens. I agree with Government speakers that there are those who think one can have a general write-off of a huge amount of bank debt on the part of mortgage holders and that there will be no cost to be paid by anyone. This is obviously untrue. Any general write-off of debt would require further recapitalisation of the banks by the taxpayer. An indiscriminate write-off of debts by the taxpayer therefore would not only be very expensive but would also be inherently unfair. One might be writing off banks’ liabilities for people who could well afford to pay. They made the choice and can afford to pay the piper. Equally, however, I am totally opposed to those who say that people took out mortgages of their own volition, that it is their responsibility to pay them and that the taxpayer should in no way help those who are down on their luck one way or another. It is uncharitable to take that attitude, as well as being unfair and inequi- table. In addition, it is a simplistic way of approaching such issues. The big question is who should be helped and how? Anyone who bought a family home at what was the going market rate at the time, even if they purchased it at the top of the market, and who cannot now repay their mortgage because of loss of income or employment should be assisted if they are facing serious difficulties. The way to do this is to assess individually those in difficulty. There is no other way of doing it. People in difficulty should avail of the money advice and budgeting service, MABS, which will undertake the assessment along with community welfare officers. In that way, one could decide who would be helped and the maximum number of households, per million euro spent, could be assisted. Every household could then be helped according to its individual needs in an open and transparent way. There will be those who will argue that we cannot afford to extend this scheme. I would not agree with this as the direct cost of housing families who lose their homes because of repossession, not to mind the indirect costs to society and the families involved, is much greater than helping people through a temporary period of difficulty. It is also worth noting that the mortgage interest supplement currently costs approximately €70 million per annum compared with almost €1 billion for the rental interest supplement. I think it was €994 million at the last count. What we invest in saving people’s mortgages tends to be quite temporary because people get re-employed. It also tends to be much less expensive than permanent social housing. There are those who come up with great ideas, such as making 30 year mortgages into 60 year or 100 year mortgages. It is total nonsense and irrational because the people we are talking about cannot pay the interest on their mortgages and, therefore, even if they get a total holiday on the capital, it will not solve the problem. In fact, one of the proposals we had was that where the mortgage interest supplement was being paid, there would be no capital repayments to the banks. During my time as Minister, I had prepared a schedule of implementation of the various steps concerning the mortgage interest supplement. Some of them did not require any legislative change while others required primary or secondary legislation. All of it was to have been done in the spring of 2011. It was intended to set up a central mortgage interest supplement processing unit in the Department so that everyone would be treated equally. The second decision, which did not require any legislation, was that the mortgage interest supplement would not cease until alternative arrangements had been made. If the person got a job, that was fine, but if he or she did not, the supplement would not cease until alternative long-term arrangements had been made. The third decision, which could also have been done without 79 Residential Mortgage 3 May 2011. Debt: Motion

[Deputy Éamon Ó Cuív.] legislation, was to abolish the rule stating that a person could not get mortgage interest supplement if their house was up for sale. That was total nonsense, so that step was to be taken. The fourth step was to address a provision that caught many couples who were dependent on two incomes. When one income disappeared, they may have had to live on the lesser of two incomes. There is a rule with the mortgage interest supplement that even if a person is working more than 30 hours per week, he or she can get mortgage interest supplement. That was to have been abolished by enacting legislation because there should be no relationship between the hours worked and receipt of the supplement. It should be based totally on a person’s means and outgoings. The mortgage interest supplement should be calculated solely on that basis. It was also intended that only interest would be paid to the bank if one was in receipt of mortgage interest supplement. In addition, because the supplement would be paid directly into the bank, the bank would not be allowed to charge any extra interest. Furthermore, the bank would not be allowed to charge any capital. Therefore, it could not put pressure on home owners to start clearing capital now that they were getting the mortgage interest supplement on the basis that they would not be getting the supplement if they did not need help. The bank would be told that the mortgage interest supplement, which would be its lifeline, would not be paid. There were several ways to pay for it. The first, which was to transfer people into social housing if the house is repossessed, is way more expensive. However, the other issue was that we had said MIS would not be paid for the first six months of difficulty or unemployment and following forbearance by the banks, the supplement would kick in if the householders problems were not resolved. A general write-off of large mortgages with no connection to the ability of the mortgage holders to pay or their income would be a wasteful and irrational way to go. Some people say assistance should not be given, but that has never been our way. We have always given assistance to those who have lost jobs. By amending the MIS scheme and putting the resources that would otherwise have to be put into social housing into the scheme and getting rid of the crinkles in the scheme in the way I have outlined, we would have the means to directly help only those who need our help. Those who do not need to be helped by, for example, doubling mortgage interest relief, will not be helped if they are 15 years into a mortgage and lose their jobs and they could have difficulties while many people would be helped who are happy at the moment because their incomes have increased and they have no problems paying for their house, including those who might have taken out relatively small borrowings because they had cash when purchasing. We must target the resources because they are finite. There is nothing we can give either by way of bank write-offs or direct support to people that will not have to be paid for by the taxpayer and, therefore, our finite resources must be targeted at those who need them and it must be made clear that the policy that the State has followed for many years in recognising the value of the family home will be protected and those who have difficulties will be assisted. I have focused on the mortgage issue but, according to the MABS statistics, a huge number of people in severe financial difficulty do not have major difficulties with mortgages. As Mini- ster, every time I asked MABS officials the average personal debt, I expected them to say €200,000 or €300,000 but they often said it was between €30,000 and €50,000, which was at a low level. Many people with debt problems do not have mortgages. They are in local authority houses or in other rented accommodation or circumstances. They do not own houses but they have problems with credit cards or credit union and finance company loans. Having received various offers in the post, they took on large debts but the message I have for them is that help is available. Nobody should go to bed at night worried about this. They should get help and 80 Residential Mortgage 3 May 2011. Debt: Motion where this issue is approached in a systematic way by MABS, the problems can be handled and resolved because nobody under our system should go to jail over a debt. The courts cannot, and do not, order people to pay that which they do not have. That has been my experience in dealing with people over the years. If a systematic approach is taken and people approach MABS, they can be helped to alleviate the terrible fear they are experiencing.

Deputy Pearse Doherty: There has been considerable media and political interest in the issue of distressed mortgages in recent weeks. However, this problem is not new. The number of families struggling to repay mortgages bought at the height of the boom has been steadily growing for the past two years. Wage cuts, tax increases and increasing unemployment have forced more and more people into mortgage arrears. As of December 2010, almost 45,000 households were in mortgage arrears for more than three months, of which 70% had been in arrears for more than six months. When households in receipt of MIS are taken into account, the total number of people in mortgage distress reaches a staggering 80,000. This represents a 50% increase in families unable to pay their mortgage since the end of 2009. In turn, the number of repossessed homes in mortgage arrears almost doubled from 397 in 2009 to 585 in 2010. These figures hide the reality of the tens of thousands of families who are not in mortgage arrears but who are paying an increasing proportion of their income to service boom time mortgages. Over the coming 12 months, we can all agree that more of them will cross over into serious mortgage distress. In addition to the enormous human cost to individuals, families and communities, there is a massive economic cost in the increasing vulnerability of our banking system and the undermining of consumer spending. According to the documents released last week by the Minister for Finance and recent Exchequer returns, it is clear that consumer spending is at an all-time low and the Government has had to revise the yield downwards under some tax headings. This is not only a housing policy issue, as it directly impacts on job creation and the financial stability of the State. Considering the scale of the problem, it is incredible that the outgoing Government was unable to come up with a set of proposals aimed at addressing it. It was a little surreal to listen to the contribution of the previous speaker, who was a Minister only eight weeks ago. Usually, on this side of the House, we say what we would do when we get into government but after 17 years in government, former Ministers are outlining what they wanted to do or what they intended to do. It is a strange turnabout and perhaps that is the new strategy of these former Government members. While the expert group on mortgage arrears and personal debt acknowledged the scale of the problem, it failed to provide sustainable and affordable long-term solutions. The Fine Gael- Labour Party programme for Government promises little more than longer moratoria, which simply pushes the problem further down the road, and bankruptcy legislation, the date and detail of which is not yet known. That the Government parties main proposal is to increase mortgage interest relief from 5% and 10% for first-time buyers shows they do not understand the full extent of the problem. The Government has signalled its intent to increase the financial hardship of tens of thousands of families across the State. The updated memorandum of understanding with the EU and the IMF copperfastens that position. The plan outlined in the programme for Government and the memorandum of understanding is to reduce tax credits, increase tax bands and introduce stealth taxes such as water charges and property charges at the same time as cutting the wages of low and middle earners and reducing social welfare benefits. All this will push even more families into mortgage arrears and distress. In the coming period, Sinn Féin will launch detailed proposals on tackling mortgage distress and the guiding principles underpinning them will be threefold. First, we will provide a mechanism for people to retain their family home where that option is in their long-term personal 81 International 3 May 2011. Terrorism

[Deputy Pearse Doherty.] and financial interest. This needs to be achieved with a minimum cost to the taxpayer and both the lender and the borrower will share the cost of the total loss of the value of the asset. Second, where remaining in the family home is not a viable option, we propose to enable mortgage holders to trade down to a home and mortgage more suitable to their changed financial circumstances.

Debate adjourned.

Adjournment Debate

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International Terrorism Deputy Ray Butler: It concerns me greatly that a pipe bomb was found in my home town of Trim two weeks ago. The bomb detonated and caused some damage to the Wellington monument and to nearby houses. Is the Minister happy with the security measures being put in place for the visits of Queen Elizabeth II and President Barack Obama given the rise in this type of criminal activity in recent weeks and, more to the point, following the assassination of Osama bin Laden at the weekend? I read that Garda and Army intelligence officers are concerned that activists, currently keeping a low profile in the UK and Europe, could come here to take advantage of US President, Barack Obama’s, visit to launch an attack in retaliation for the assassination. Osama bin Laden is dead but al-Qaeda is not and there may be a heightened possibility of retaliation on the UK and the USA. With visits to Ireland in less than three weeks by the two heads of state of these countries taking place within hours of each other I wish to be assured that security has been stepped up to take the weekend’s events into account.

Minister for Justice and Equality (Deputy Alan Shatter): The use of explosive devices such as that employed recently in Trim is a matter of ongoing concern to me and to the Garda authorities, no matter who is responsible for them. Garda strategies are very firmly focused on disrupting their use and, where sufficient evidence is available, proffering charges and bringing such persons before the courts. The House should remember that there are significant penalties available to the courts following conviction for explosives related offences, including a penalty of life imprisonment for causing an explosion likely to endanger life, up to 20 years imprisonment upon conviction for an attempt to cause an explosion likely to endanger life, and up to 14 years imprisonment following conviction for possession of explosives. As with all such incidents, the incident to which the Deputy refers is of concern and is the subject of an active, ongoing Garda investigation. Clearly it would not be appropriate for me to go into the details of such investigations, but I appeal to anyone with any knowledge of the matter to share it with the Garda Síochána. With regard to the incident itself, the Garda authorities inform me that at approximately one o’clock in the morning of 21 April a car drew up near the Duke of Wellington monument in the centre of the town. A device was thrown at the monument which caused a small explosion. There were no injuries and damage was not caused apart from some scorch marks to the monument. An Army explosive ordnance device team was called. It examined the remains of the device which was deemed to be a pipe bomb-type of device. Nobody has claimed responsibility for the incident. 82 School 3 May 2011. Transport

I cannot state categorically who was responsible for the incident. It is quite possible, but not certain, that it may have been some sort of atavistic response to the announcement that Queen Elizabeth II is to visit the country later this month. Opposition to Queen Elizabeth’s visit is the response of a tiny minority of people. We as a people and this country are fast approaching the centenary of having gained our independence. It is a testament to our maturity as a nation that this visit will go ahead at this time. Shortly thereafter we will welcome the President of the United States to our shores — a symbol of the special bond between our two nations. I have no doubt that the people will give the traditional welcome to those visitors as it gives to all visitors and for which we are, rightly, renowned. The Garda Síochána is primarily responsible for the security of the visits of Queen Elizabeth and of President Obama. I have the utmost confidence in the Commissioner and his officers, who I know are totally committed to ensuring these events pass off without incident. The Garda Síochána, with the support of the Defence Forces, will continue to make all the necessary arrangements to make sure the appropriate level of security is in place for both visits. I am sure people generally will understand the security arrangements which have to be made and will co-operate fully with them. Security arrangements are a necessary feature of visits of this kind to any country and I am sure they will not detract from the great welcome which will be extended to our distinguished guests. There are a whole range of security considerations that must be taken into account in relation to the impending visits of Queen Elizabeth and President Obama. Those considerations are based on an ongoing assessment of the risks involved. The House will appreciate that it would be counterproductive for me to go into the detail of security arrangements. Obviously some people will seek to disrupt the visits. The right to peaceful protest is an important one and one that my Government will always uphold — but we will not tolerate those who seek to break the law to cause disorder nor will we tolerate those who set out to maim or murder. By their actions they display a barbaric and arrogant contempt for the constitutional civil and human rights vested in all who reside on or visit this island. The visits will be welcomed by the vast majority of the people. I reassure the House, that neither I, nor the Government, are complacent about the security measures which will be necessary to make these visits a success. These visits are also a statement to the world that Ireland still has much to offer. For all the difficulties we face, there is every reason for us, working together, to be confident in our long- term future. No tiny minority should be permitted to cloud that message, nor will they be allowed to so do.

School Transport Deputy Mattie McGrath: I apologise for not being available to speak earlier. The changes to the primary school transport scheme announced in the 2011 budget is having an effect on families and local school communities. This is a sensitive area and it is having a disconcerting impact on families, school communities, boards of management, parents councils and private bus operators. I do not know where the changes to the various criteria have come from. Free transport is a thing of the past. It is a myth. People do not have a problem with paying for it. The issue relates to certainty on where one’s children will be educated, continuity and more importantly that siblings would be allowed to attend the same school. The amalgamation of small schools has been an ongoing issue for decades. It has proven detrimental in many cases. I remember when it happened in my area in the 1960s. We moved away from that approach and communities settled down and gelled again. Guidelines were 83 School 3 May 2011. Transport

[Deputy Mattie McGrath.] imposed about distances. I understand the current minimum distance one must live from a school is now 2 km but, more importantly, if there is not a minimum of ten pupils a bus will not be provided. If there are nine pupils they will not have any place to go, which is unnerving. What independent evaluation has been carried out? Previously, when schools were amalgamated the minimum distance one had to live from a school was set at 3 miles. I never availed of school transport. As there was no amalgamation we always took the children to national school by car. Many people have begun to do so again given the significant increase in secondary school transport costs in recent years. They are willing and happy to do that. The change to school transport regulations is a complete bolt out of the blue. It is a threat to many rural communities. If one takes a school out of a community much community activity is removed. Areas become denuded of population as there is no reason for people to live in a locality in the absence of a community network based around a school. We have seen in the past that communities did not recover when schools closed. Even farming communities die away and rural areas become more isolated. The integrity of families is a concern in addition to the costs. Bus companies are also concerned about their viability. Bus Éireann has had the franchise for the organisation of school transport. What is the cost to it for the administration of the scheme? The question of unfair competition arises as Bus Éireann has retained the best routes for itself. If there was open competition in the transport area there would not be a need to close schools for financial reasons. Two-teacher schools have been asked to submit reasons they should remain open. A two-pronged attack is being made on these rural schools. This will be detrimental unless there is a fair and proper adjudication of the situation. I am aware of a family where a child of seven years is already part of the scheme and will be able to continue in it for the next six years. A younger sibling will not be allowed to avail of the transport, however, and will have to travel to school in another county. As we are aware from sport and the GAA, county boundaries are a big issue in some rural areas. Schools in towns may be doing all right and have sufficient numbers, but rural schools four miles or so out of town may be struggling with numbers. None the less, these schools provide a valuable service to the community and the pupils and their families are happy with them. Now, however, a younger sibling may have to attend the town school. Will buses taking children to these rural schools be taken off their route if there are not sufficient students, for example, if numbers drop below ten? There is great uncertainty in this area and I call for an independent evaluation of the situation. Bus Éireann should also be obliged to open up the school bus routes to competition. Private bus owners have provided a good service, not in rich areas but on routes not favoured by Bus Éireann. I thank the Ceann Comhairle for allowing me raise this significant issue and look forward to the Minister’s reply.

Deputy Alan Shatter: I am taking this Adjournment matter on behalf of my colleague, Mini- ster of State at the Department of Education and Skills, Deputy Ciarán Cannon. I will draw to his attention the comments made by the Deputy and will respond as best I can with the information available to me. A number of changes to the school transport scheme were introduced in the 2011 budget by the previous Fianna Fáil-Green Party Government. The changes regarding the primary school transport scheme derive from recommendations in the value for money report of the scheme and relate to the introduction of charges, changes to the so-called closed school rule and 84 School 3 May 2011. Transport changes to the minimum numbers required to establish or maintain a service. I will now give more detailed information on these changes. With effect from the 2011-2012 school year, a transport fee of €50 per annum will be introduced for eligible primary school pupils, with a maximum family charge of €110 applying for eligible primary pupils only. Eligible children who hold a valid medical card are exempt from paying the charge. As a consequence of the introduction of charges, parents now have to apply directly to Bus Éireann, which operates the school transport scheme on behalf of the Depart- ment, for school transport for their children. The closed school rule for school transport eligibility purposes was introduced in the 1960s in circumstances where a primary school was closed and amalgamated with another. No time limit has been applied to the closed school or central school rule. In some cases, the primary school in question was closed up to 40 years ago and amalgamated with another school. In some instances, a newer school has subsequently been built in the general area of the original closed school. Under the current primary school transport scheme, however, the transport provided is to the amalgamated school only, even in circumstances where there is actually a newer school closer to the pupil’s home. A pupil in these circumstances is not eligible for free transport to the newer school. The closed school rule can operate to distort parental decisions and result in pupils travelling longer distances than necessary or than were they to go to the nearest school. The specific changes announced with regard to the closed school rule are as follows. From the commencement of the 2011-2012 school year, the distance criterion will be applied to all pupils attending primary schools and the exemption under the closed school rule will cease. This means that children who reside less than 3.2 km or 2 miles from the school of attendance and who are availing of free transport to that school under the closed school rule will no longer be eligible for school transport. From the 2012-2013 school year, eligibility based on the closed school rule and the central school rule will cease for all new children entering primary schools. It is important, however, to emphasise that existing primary pupils availing of transport under the closed school rule will retain transport eligibility for the duration of their schooling, provided the requisite distance is met. Moreover, given that the change in question will not come into being until September 2012, all new pupils enrolling this September will be eligible under the closed school rule. To put this issue fully into context, drawing on the report of the value for money review of the school transport scheme, the following facts are relevant. First, in the 2009-2010 school year, transport services under the closed school rule operated to more than 800 primary schools, with almost 26,000 children — 54.4% of mainstream tickets issued — deemed eligible for school transport under this rule. Second, according to sample studies undertaken for the value for money review estimates applied nationally, in the majority of cases where such transport has been provided, pupils in fact attend their nearest primary school. While the application of the closed school rule is referred to in these cases, it does not mean they are not travelling to their nearest school. Third, the transport of such a significant number of children, some of whom would not qualify for transport on the basis of the distance criterion alone, involves a cost. With regard to the change to school transport eligibility for pupils entering primary school in September 2012, where eligibility will be by reference to the nearest school, available statistics, based on sampling undertaken as part of the value for money review, indicate that the impact of this element of the change will be limited as the majority of pupils categorised under the closed school rule are in fact attending their nearest school. Therefore, the majority of families will not be affected by this change. 85 Animal 3 May 2011. Welfare

[Deputy Alan Shatter.]

The Department has requested Bus Éireann to conduct a detailed analysis of the on the ground impact for individual schools and the rural communities they serve. This analysis will be based on the most up-to-date information available on current usage patterns and the information is expected to be available this summer. The likely effects of this change can then be carefully examined well in advance of the 2012 implementation date. With regard to the minimum numbers required to establish or maintain a service, the changes mean that services under the minimum numbers, either single services or those which are part of double tripping arrangements, will be discontinued. A pick-up density of pupils in a distinct locality on a particular route, increasing from the current minimum of seven to ten eligible children, will be required to establish or retain services. All services transporting fewer than the minimum number of eligible children, either single services or those which are part of double tripping arrangements, will be discontinued with effect from the 2011-2012 school year. This brings the minimum numbers required to establish services back to 2002 levels. It should be emphasised that eligible pupils for whom a service is being withdrawn will be eligible to apply for the remote area grant. I thank the Deputy for raising this matter and in so far as I have failed to address issues raised by him, I will ask the Minister of State to communicate directly with him.

Animal Welfare Deputy Joe Costello: I am delighted to have the opportunity to raise this issue. The proposal of Bord na gCon to set up a racing franchise and export Irish greyhounds to the People’s Republic of China has given rise to considerable concern among animal rights and welfare groups and ordinary dog owners. I am sure the Minister of State and every Deputy will have received numerous letters and e-mails on the issue in recent days raising concerns about the possible export of greyhounds to a country which has no animal welfare legislation and no regulation, supervision or mechanism for protecting such animals. There is no ban on the killing of dogs there and we are all aware that some dogs are regularly eaten or are on the menu in China. Obviously, there is considerable scope for abuse under the circumstances. It is with a degree of trepidation that we have learned that Bord na gCon is to establish this link with China for a new greyhound industry there. We have just got to the stage of providing legislation in this country, through the Dog Breeding Establishments Act, and this year we expect to deal with the aptly named Welfare of Greyhounds Bill. It would be a retrograde step, when we are putting regulatory measures in place in this country to deal with the breeding of dogs, the prevention of abuse in that regard, and the welfare of greyhounds, which form a huge industry in Ireland, and ensuring there is adequate regulation and supervision in the industry, to open up an export market to a country that has no such regulation, measures or supervision and where we would only be in charge at long distance. We must remember that the People’s Republic of China is not around the corner but at the other side of the world. While we could have the best of regulations here at home, we would have no power on a statutory basis to ensure there were any regulations in the People’s Republic of China. Quite clearly there could be a lucrative contract with Bord na gCon in respect of this commercial matter, but is this a suitable business for Ireland to get involved in unless we can ensure that animal welfare is protected? Can the Minister of State allay the fears that ordinary people have about greyhounds exported from Ireland? There are fears that they would not be properly supervised in their racing career while in China. There are concerns over how they are to be disposed of and dealt 86 Animal 3 May 2011. Welfare with after they have ceased to be of any use on the racetrack. If there is no protection for animals we can only imagine the worst may happen in many instances. The Department of Agriculture, Fisheries and Food has responsibility to grant approval and provide licences for any such export trade. What detailed discussions have taken place with the Chinese authorities on the project? Have there been discussions on animal welfare? Are the Irish authorities in a position to supervise and persuade the Chinese authorities that if such a greyhound industry is established in the People’s Republic then statutory provisions would be introduced to protect the welfare of the dogs involved?

Minister of State at the Department of Agriculture, Fisheries and Food (Deputy Shane McEntee): The greyhound racing and breeding industry sustains 11,000 full-time and part-time jobs directly and indirectly, many in rural communities. It contributes an estimated €500 million into local economies around the tracks, which are spread throughout the country. An independent review completed by Farrell Grant Sparks in 2009 stated that there is adequate evidence to support a strong argument that the greyhound industry constitutes a major source of direct and indirect employment, gives rise to considerable domestic and export earnings and is a key driver of substantial economic activity, especially in rural areas. Some 17 greyhound tracks are licensed by Bord na gCon, of which Bord na gCon owns eight tracks at Shelbourne Park, Harold’s Cross, Cork, Tralee, Waterford, Youghal, Limerick and Galway. It also has a 51% share in the Mullingar track. The greyhound breeding industry is very successful with more than 75% of greyhounds now running in the UK being Irish bred. Bord na gCon is a commercial State body established under the Greyhound Industry Act 1958, chiefly to control greyhound racing and to improve and develop the greyhound industry. Responsibility for Bord na gCon transferred to the Department of Agriculture, Fisheries and Food in 2010. The board of Bord na gCon is responsible for leading and directing the activities of the company. Bord na gCon has repeatedly confirmed its commitment to the highest standards of animal welfare in the greyhound industry. The Department of Agriculture, Fisheries and Food is aware that Bord na gCon is exploring possible business opportunities in China and has been in contact with the Department in this regard. Today I met the chairman and chief executive of Bord na gCon to discuss the proposal. I made it clear that I am not in a position to approve the project as presented. It was agreed that Bord na gCon would modify its proposal to exclude the export of greyhounds from Ireland but would continue to explore possibilities of developing the proposal to assist in the management of greyhound racing in China. Deputies will be pleased to note that Bord na gCon has demonstrated its commitment to greyhound welfare and in this regard has several initiatives in place to ensure consistent and appropriate welfare standards are met. These include the attendance of veterinary surgeons at racing and at sales trials, employment of personnel to oversee greyhound welfare and the employment of a welfare manager. Bord na gCon is also an active member of the International Greyhound Forum, an international group involved in the establishment of welfare standards and education. A guide to best practice as to the care and welfare of greyhounds is available from the Bord na gCon website. Bord na gCon established a welfare committee in July 2009 which seeks to identify ways in which the welfare of greyhounds can be improved. In addition Bord na gCon also operates the Retired Greyhound Trust which focuses on the adoption and re-homing of greyhounds when they finish racing. In 2011 it launched a campaign, which is ongoing, to promote greyhounds as pets. Officials of Bord na gCon investigate any complaints received regarding greyhound 87 Accident and 3 May 2011. Emergency Services

[Deputy Shane McEntee.] welfare and follow up on any issues of concern that arise through their everyday interaction with trainers or owners either on the racetrack or elsewhere. Any proposal involving Bord na gCon engaging with the greyhound industry in China would have to give due consideration to animal welfare matters. Ireland attaches a high priority to animal welfare and, alongside our EU partners, is working to promote better animal welfare internationally. The Government is preparing to introduce legislation in the current term which will provide a regime tailored specifically to enhancing the welfare of greyhounds. The commitment of the Government to animal welfare in general is beyond doubt and is reflected among the priorities in the programme for Government. No greyhounds have been exported from Ireland to China in recent years. Any proposal to export greyhounds from Ireland to China would require the establishment and agreement of export health certification protocols with the Chinese authorities and appropriate transport arrangements would have to be put in place to ensure the welfare of the animals in transit. The Department endeavours to ensure that all exporters comply with the European Council regulation on the protection of animals during transport and related operations. All EU member states including Ireland are working to promote better animal welfare internationally and in this regard Ireland has introduced national legislation giving effect to Regulation (EC) No. 1523/2007 of the European Parliament and Council dated 11 December 2007. The Welfare of Greyhounds Bill 2010 passed its Second Reading and was scheduled for Committee and Remaining Stages in the Seanad but was not enacted before the general election. The 2010 Bill had cross-party support in the Seanad and had the support of Bord na gCon, Dogs Trust and the DSPCA. The Government intends to reintroduce the Bill very shortly. Greyhounds have not been exported from Ireland to China in recent years. It was agreed at today’s meeting that Bord na gCon would modify its proposal to exclude the export of greyhounds from Ireland but would continue to explore possibilities of developing the proposal to assist in the management of greyhound racing in China.

Accident and Emergency Services Deputy Joe Higgins: In recent times serious concern has been expressed by the local community and staff members about aspects of the service provided by Connolly Hospital Blanchardstown. There have been consistent cutbacks in funding to the hospital in recent years as there have been to other hospitals. There have been suggestions that one emergency department of the three in the north Dublin area would be closed and that the hospital at Blanchards- town could be the casualty or at least that its emergency service could be reduced to a 12-hour 8 a.m. to 8 p.m. service. This would have drastic consequences for residents of catchment areas. Some 35,000 attendances are recorded at the emergency department annually. Trauma services are in great need in this hospital, which serves a very large catchment area and there is already great pressure on the other major hospitals in north Dublin, Beaumont and the Mater. If the emergency department were scaled down, it would have a major impact on the community in the catchment area. It would seriously inconvenience many people who would not have their own transport to travel long distances in the event that they were travelling there themselves. It would also have a serious impact on the availability of junior doctors coming there to work who would then not get the experience and training they need. We need an absolute assurance that the emergency departments in all three north Dublin hospitals are maintained on a 24- hour basis. 88 Accident and 3 May 2011. Emergency Services

There is a second issue of great concern. Connolly Hospital Blanchardstown recruited its own junior doctors and was very successful in doing so. Many young doctors were eager to go to Blanchardstown to get training and experience. Now the HSE has intervened to stop this and proposes to recruit centrally and then dispatch people to different hospitals. I am told that between 50 and 60 junior doctors are needed for a number of hospitals and that the HSE is going to far-flung corners of the world to recruit. This will be extremely cumbersome for Connolly Hospital Blanchardstown. There are fears it will make it far more difficult for the hospital to recruit the necessary staff, bearing in mind the linking 9o’clock of recruitment systems generally in many areas. We need the Minister to ensure hospitals will have the right to recruit locally. Connolly Hospital Blanchardstown was doing so successfully. Why fix something that is not broken? The funding cuts are causing big problems for the community that needs the health service and also for health service staff who are under great pressure. The flexibility afforded to hospitals such as that in Blanchards- town to recruit directly their own complement of junior doctors is absolutely necessary.

Minister of State at the Department of Health and Children (Deputy Kathleen Lynch): Iam taking this Adjournment matter on behalf of the Minister for Health and Children, Deputy James Reilly. The HSE has no plans to cease 24-hour emergency department cover at Connolly Hospital Blanchardstown. It is incumbent on the HSE to make the best use of available resources to meet the needs of the population served. In doing so it must consider a range of factors, including changes in medical practice and possible changes in the way hospitals are organised and run. However, there are no plans to change the current service at the emergency department in Connolly Hospital Blanchardstown. The Minister is committed to ensuring acute hospital services at national, regional and local levels are provided in a clinically appropriate and efficient manner. In particular, he wants to ensure as many services as possible can be provided safely in smaller, local hospitals. The Deputy referred to concerns about the recruitment of junior doctors for Connolly Hospital Blanchardstown. In this regard, the HSE has implemented a detailed non-consultant hospital doctor, NCHD, recruitment project plan to facilitate and maximise recruitment, to ensure the shortage of junior doctors and any resulting impact on services are minimised and that patient safety is maintained. In certain locations this can require a flexible reorganisation of services in order that patients’ needs will be met in the best possible way. Typically, where services are affected, it is because there is a shortage of doctors to fill rosters. In such circumstances the focus is on the safe provision of services. If there are insufficient numbers of doctors available, the HSE must make alternative arrangements. The HSE is working with a number of consultants, the Forum of Postgraduate Medical Training Bodies and others to recruit NCHDs in India and Pakistan for employment in Ireland commencing in July. It has recently progressed the centralisation of recruitment which will support the filling of priority posts. An important part of providing high quality services in the right location will be the national clinical programmes being developed by the HSE. These inter-related programmes aim to improve service quality, effectiveness and patient access and ensure patient care is provided in the service setting most appropriate to individuals’ needs. The Minister is very supportive of the work done by Dr. Barry White and his colleagues in developing the clinical programmes and has had several discussions with him on how best to ensure they are implemented. He has also made it clear that patient safety must be the overriding priority. 89 The 3 May 2011. Adjournment

[Deputy Kathleen Lynch.]

One of the HSE’s new clinical programmes, the national acute medicine programme, provides a framework for the delivery of acute medical services in hospitals that seeks to improve substantially and standardise care of acutely ill medical patients. There is also a clinical programme being developed for the provision of emergency department services. These programmes are aimed at helping each hospital to meet the needs of patients in the best possible way. The acute medicine and emergency department programmes are clinically led and a whole-system approach is being taken, driven by a quality agenda. The focus will be on implementation, not just on the recommendations The Government is committed to ensuring appropriate services, including emergency department services, can be provided safely in hospitals such as that in Blanchardstown. The Minister will continue to work with the HSE to secure the best service for patients in the right location. I thank the Deputy for raising this subject.

The Dáil adjourned at 9.05 p.m. until 1.30 p.m. on Wednesday, 4 May 2011.

90 Questions— 3 May 2011. Written Answers

Written Answers

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

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Questions Nos. 1 to 6, inclusive, answered orally.

Questions Nos. 7 to 29, inclusive, postponed.

Questions Nos. 30 to 36, inclusive, answered orally.

Proposed Legislation 37. Deputy Pádraig Mac Lochlainn asked the Minister for Finance when the legislation for the jobs initiative will be presented to Dáil Éireann; if the jobs initiative will be presented to Dáil Éireann before or after the Economic and Financial Affairs Council meeting on the 15 and 16 May 2011; and if he will make a statement on the matter. [9642/11]

40. Deputy Gerry Adams asked the Minister for Finance the way he will stimulate the economy when the jobs initiative will be fiscally neutral; if he has conducted an analysis of the effects of the measures to be introduced as part of the jobs initiative; if he has conducted an analysis of the effects of the counter-balancing measures to be introduced to compensate for the measures under the jobs initiative; and if he will make a statement on the matter. [9643/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 37 and 40 together. The Government is strongly committed to implementing a jobs and growth strategy. We intend announcing a Jobs Initiative as committed to in the Programme for Government on the 10th of May. I would anticipate that any necessary legislation to give effect to the measures outlined in the Jobs Initiative, will be published shortly thereafter. The Programme for Government sets out in broad terms the measures that will be implemented as part of this Initiative. The measures are designed to lift public morale and confidence in the economy, to provide jobs, to provide suitable job placement for unemployed persons and to encourage spending by consumers. In terms of the specific detail, officials from my own and Minister Howlin’s Department are working closely with other Departments in preparing the proposals and assessing the quantitative and qualitative impacts. As has been previously signalled any costs arising in connection 91 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] with the Jobs Initiative will have to be counter-balanced by the implementation of offsetting measures. This will ensure that we will continue to underpin our fiscal sustainability while also bringing forward policies to assist economic growth. Officials are continuing to assess the compensatory measures to be introduced to fund the Jobs Initiative. In order to ensure the Jobs Initiative is successful, we want to ensure the measures, while fiscally neutral overall, have the least negative economic impact possible. All of the measures we will introduce will be costed as accurately as possible to ensure that the requirement for budgetary neutrality is respected and that is why we are closely examining a range of options. In terms of the effect of the measures being introduced as part of the Initiative, getting people back to work is the number one priority of this Government.

Fiscal Policy 38. Deputy Charlie McConalogue asked the Minister for Finance his views on the comments of a person (details supplied) of the European Central Bank expressed in an article that Ireland’s taxpayers must share the pain. [9703/11]

Minister for Finance (Deputy Michael Noonan): While the opinion piece in question was headed “Ireland’s taxpayers must share the pain” the bulk of the article dealt with the author’s views on a number of issues in the area of banking supervision and crisis resolution. The piece is one of a number of recent public statements by the individual concerned in connection with Ireland. There was for instance a lengthy interview with The Irish Times in January last when he set out his perspective on, amongst other things, the events that led to Ireland availing of the EU-IMF Support Programme. The author laid the blame for our current difficulties on the policies pursued by the previous Government and the failures in regulation of the financial sector it had presided over. The current Government is determined that Ireland will rectify the public finances in a way that is fair to taxpayers and citizens and that will enable Ireland to continue to meet its obligations. I do not support the author’s inference that Irish taxpayers somehow deserve the austerity that is now necessary to put the country’s finances on a proper footing. We are acutely conscious of the serious impact on our citizens of the unprecedented measures we have to undertake which are designed to restore our country’s economy and reputation as quickly as possible. On banking matters in particular, the Government is taking decisive steps to address the difficulties in the Irish banking sector. In my Statement of 31 March last, I announced the significant reorganisation of the domestic banking sector with the creation of two pillar banks. This will be accompanied by the significant recapitalisation of the remaining institutions well in excess of currently accepted international norms in order to provide complete confidence in relation to the stability of the remaining domestic institutions. Deputies will be aware that the ECB has welcomed the recent stress tests assessing the capital needs of Irish banks and indicated its support for the Government’s commitment to ensure that the capital needs of the institutions are met in a timely manner. Finally the article also suggests that the integration of independent prudential supervision at European or at least at Eurozone level may well be necessary development to address the issues that given rise to the current difficulties in the financial sector. While there is no doubt that there has been a lot of convergence between Member States in the area of financial supervision, there is no appetite across Member States as a whole at this stage for a single EU Regulator. It is worth bearing in mind that the de Larosière Report specifically stopped short of such a recommendation and the Commission’s proposals did not include any such provision. 92 Questions— 3 May 2011. Written Answers

The most important issue at this stage is to ensure that a system is established to provide greater oversight of the financial system. The European Systemic Risk Board and the European Supervisory Authorities will achieve this.

State Assets 39. Deputy Michael McGrath asked the Minister for Finance his plans for the sale of State assets; and if he will make a statement on the matter. [6730/11]

Minister for Finance (Deputy Michael Noonan): The Review Group on State Assets and Liabilities published its report on 20 April 2011. The Government will now study the findings of the report and its extensive recommendations in detail.

Questions No. 40 answered with Question No. 37.

Insurance Industry 41. Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the extent of his or any other Department or agency’s consideration of the Quinn Group proposals, recently presented, for the future of Quinn Insurance Ltd in administration; if any consideration was given to the likely negative impact on trading of the Quinn Group manufacturing concerns following on from the removal of the Quinn family members and the Senior managers from their employment; and if he will make a statement on the matter. [9661/11]

Minister for Finance (Deputy Michael Noonan): The Joint Administrators announced last week the acquisition by Liberty Mutual Direct Insurance Company Ltd (LMDI), a joint venture between Liberty Mutual (LM) and Anglo Irish Bank, of certain assets and liabilities of Quinn Insurance Limited (in administration) (QIL). They see this as the best option for the policy holders of QIL. A twelve to fourteen week transition process will now commence, during which time LMDI will obtain all the necessary regulatory consents from parties, including the Central Bank. At the outset, it should be noted that, under the sales process of QIL, neither I as Minister for Finance, nor the Government, had any role in assessing the Quinn Group proposals recently presented for the future of Quinn Insurance Ltd (QIL) in administration, as this was a matter solely for the Joint Administrators, who were appointed by the High Court. Deputies will be aware that this sales process was conducted by MacQuarie Group on behalf of the administrators. The Joint Administrators have indicated to my Department that the Quinn proposal was only received recently, several months after the closing date for submission of interest. They say that the proposal was highly conditional in nature as it depended on amongst other things on the State intervening to facilitate the transfer of €2.8bn of debt from Anglo to one of the viable banks and to require that bank to provide a further €500m loan to the Quinn Group, as well as agreement with the bondholders. As such they saw no likelihood for such a proposal being facilitated in the current economic climate, as the taking on of such loans by other banks was likely to compound their already difficult position and in addition would also be likely to contravene European State Aid rules. They were also of the view that reaching agreement with the bondholders in relation to the releasing of the guarantees over QIL assets was going to be extremely difficult if not close to impossible. The decision in relation to the appointment of the Share Receiver by Anglo is very much a commercial one and I in my role as Minister for Finance had no input into this matter. While I understand the concern being raised on whether this decision will have a negative impact on the trading of the Quinn manufacturing group following the removal of the Quinn family members and the senior managers from their employment, I am informed that other scenarios 93 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] might well have prompted court action to put the Group into receivership with the potential for immediate significant job losses. By comparison the appointment of a Share Receiver gives the Group grounds for considerable hope of a viable future. This viable future however depends to a large degree on the willingness by everybody, particularly those engaged in several recent negative events, to engage wholeheartedly with the new ownership arrangements, because if this does not materialise then over time this is likely to negatively impact on the trading performance of the Group. Overall, I share the view that the recent steps taken to sell the QIL business to LMDI and to appoint a share receiver to the wider group as being positive and will do a lot to protect jobs in the border region — the protection of which is important for the state and for the local economies in these communities. The proposal put forward by the Quinn Group was not in the economic or financial interests of the state.

National Asset Management Agency 42. Deputy Billy Kelleher asked the Minister for Finance his views following comments by the Chief Executive of the National Asset Management Agency to a newspaper (details supplied) of his plans to push through the sale of at least €2.5bn of UK commercial property in the next three years; and if he will make a statement on the matter. [9701/11]

Minister for Finance (Deputy Michael Noonan): NAMA has a commercial remit and it is a matter for its Board, as informed by property market expertise, to determine the scale and timing of proposed assets sales and its strategies in the various markets in which it operates. The actual level of sales achieved over the coming years will depend on market conditions as they evolve. To the extent that NAMA can realise cash from the sale of UK assets, it will be in a position to make corresponding reductions to its debt. The Board has a stated target of achieving 25% of debt reduction by 2013 and this includes assets across its entire portfolio.

EM-IMF Fund 43. Deputy Seán Crowe asked the Minister for Finance the additional public expenditure commitments or amendments to the November 2010 EU-IMF Programme of Financial Support for Ireland Memorandum of Understanding that he has agreed with the Troika; and if he will make a statement on the matter. [9664/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy will be aware, the Govern- ment has successfully concluded the first and second quarterly programme review mission with the Troika, that is, the EU Commission, the ECB and the IMF, which took place between the 5th and 15th April 2011. The purpose of the quarterly review mission was to evaluate performance against targets to date on all the elements of the programme of financial support for Ireland including fiscal developments, the macroeconomic outlook, progress on commitments in the restructuring of the financial sector and structural reform. The Government is pleased that the Troika mission assessed the Irish Programme to be on track and in their view the targets in the Programme have been met. During this programme review, a number of Government members along with senior officials, met with representatives from the Troika and assured them of this Government’s commitment to the fiscal targets set out in the EU/IMF Programme. In the negotiations with the Troika, the Government set out measures that we would be seeking to include in the revised Programme. During the negotiations, it became clear that there was sufficient flexibility within the Programme to allow us to include these important 94 Questions— 3 May 2011. Written Answers policy measures, while respecting the overall fiscal parameters and goals of the programme. The revised Memorandum of Understanding will now include, amongst others, measures dealing with the Jobs Initiative, the minimum wage and the Comprehensive Review of Expenditure. No fiscal consolidation targets were changed including the elements related to public expenditure. During the programme review, the Troika were informed of the Comprehensive Review of Expenditure which will be completed in September 2011. Based on the outcome of the Review and in consultation with the Troika, the Government will introduce budgetary changes which will aim to fully realise efficiencies identified, while securing the overall budgetary consolidation for 2012 to which Ireland is committed. This Government is committed to promoting growth and creating jobs which is central to any recovery strategy. The Troika has agreed to the Government’s plan to implement a Jobs Initiative. The initiative will promote confidence to provide opportunities for people to go to work and for employers to be able to get credit and invest in their business and to stimulate the Irish national economy. The Jobs Initiative may result in compositional changes between expenditure and tax which will be done on a fiscally neutral basis. The details of the Jobs Initiative will be announced in the Dáil on 10th May 2011. The Review will be formally completed with the consideration by Eurogroup, ECOFIN and the IMF Executive Board of the reports by their various staffs on progress to date — and the proposed amendments. The final documents will be made publicly available when final approval occurs on 15th and 16th May. As agreed, the Government will continue to consult with the IMF, the European Commission and the ECB on any changes to the policy measures outlined in the agreed support programme.

Fiscal Policy 44. Deputy Pádraig Mac Lochlainn asked the Minister for Finance the plans he has submitted as part of the Stability Programme to the European Commission; if he will publish these plans and present them before Dáil Éireann; and if he will make a statement on the matter. [9641/11]

Minister for Finance (Deputy Michael Noonan): The Stability Programme Update was laid before the House on Friday last and subsequently submitted to the European Commission. This document is also available on the Department of Finance website. The Stability Prog- ramme takes account of Budget 2011, the Programme for Government and the Joint EU/IMF Programme. It includes an update of the economic and fiscal outlook for this year and next, along with medium-term macroeconomic and budgetary projections. In summary terms, GDP is projected to increase by 0.8% this year, accelerating to 2.5% next year. A General Govern- ment Deficit of 10% of GDP is forecast for this year; on the basis of consolidation measures amounting to €3.6bn and the current macroeconomic outlook, the deficit is projected to decline to 8.6% next year. As with all forecasts, this matter will continue to be kept under revision up to when I present my Budget in December.

Banking Sector Regulation 45. Deputy Jonathan O’Brien asked the Minister for Finance if there will be a review into the fitness and probity of public interest directors of banks which have received State assistance; if the review will proceed or impinge upon the announcement by him to remove all directors in banks who were in place before 2008; and if he will make a statement on the matter. [9646/11]

51. Deputy Pearse Doherty asked the Minister for Finance the position regarding the review being taken by the Central Bank into the fitness and probity of all existing executive and non- executive directors of banks which have received State assistance; if the review will precede or 95 Questions— 3 May 2011. Written Answers

[Deputy Pearse Doherty.] impinge upon the announcement by him to remove all directors in banks who were in place before 2008; and if he will make a statement on the matter. [9647/11]

53. Deputy Jonathan O’Brien asked the Minister for Finance when he will restructure and replace the board of directors of the six guaranteed Irish banks, as per his announcement after the publication of the Nyberg Report; and if he will make a statement on the matter. [9645/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 45, 51 and 53 together. The Deputies will be aware that on 22 March 2011, the Central Bank of Ireland published a consultation paper proposing the implementation of new statutory fitness and probity powers for the financial services industry. In this regard, the Central Bank is seeking views on proposed new statutory grounds which are identified in the Central Bank Reform Act 2010 and will set the requirements for entry into and removal from a senior position within regulated firms. This Act provides additional criteria on when the Central Bank can use its powers to refuse an application to appoint an individual to a senior position or remove someone, views are being sought on what senior positions should be subject to the new regime. The Central Bank expects the new regulations and statutory standards implementing the regime will come into effect from September 2011. The Central Bank has requested interested parties to submit their proposals by 20 May 2011. In addition, the Head of Financial Regulation, Mr. Matthew Elderfield, announced that the Central Bank is planning to review the fitness and probity of all existing executive and non- executive directors of banks which have received State support. The Central Bank will assess any incumbent directors who plan to be in post after 1 January 2012 against the new standards, including competence and track record in the period leading up to the financial crisis. The Deputy will be aware that in my statement on the Nyberg Report in this House on 20 April 2011, I set out a number of measures designed to strengthen Bank boards and bank management. These measures provide that the Chairman of each institution provides me and the NTMA with a Board Renewal Plan, each institution will also be asked to provide a Manage- ment Renewal Plan. The Board Renewal Plan will set out for each institution the steps to ensure that the skills and competence levels of board members are fully adequate to meet the demands of the current and future banking system. In this regard, a programme of rotation of board members, commencing with board members appointed before September 2008 will be expected as part of the plan. This will ensure a smooth process which will ensure the succession of incumbent board members who were in place before September 2008. I expect this succession to be completed by 2012. In addition, my Department recently placed advertisements in the national papers seeking expressions of interest from suitably qualified persons for inclusion among those to be appointed or nominated to Boards of Directors of Banks. This gives all persons who are interested in and qualified to act as Directors the opportunity to advise the Minister of their interest. The advertising for expressions of interest should ensure a high calibre field from which Directors may be chosen and makes the process more open and transparent. It is part of the commitments given in the Programme for Government to re-structure bank boards and replace directors who presided over failed lending practices. Closing date for receipt of expressions of interest is Thursday 12 May. These measures will compliment the Central Bank’s review of the fitness and probity of the public interest directors in the banks and ensure that people operating at senior levels in financial institutions are fit and proper to undertake their roles. 96 Questions— 3 May 2011. Written Answers

Fiscal Policy 46. Deputy Aengus Ó Snodaigh asked the Minister for Finance when it is envisioned that he will go back to the bond markets; the rate at which this would be unsustainable; and if he will make a statement on the matter. [9649/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy is aware, the majority of the State’s financing needs over the period 2011 to 2013 will be met through the funding provided under the EU/IMF programme of assistance. However, the National Treasury Management Agency (NTMA) is planning to return to the markets before the end of the term of the programme once conditions have become more receptive. The NTMA is in constant contact with market participants and will advise me when it feels that the time is right to re-enter the markets. While the interest rates at which we can borrow will obviously be a key determinant in this decision, they will not be the only factor. In any event, it would not be wise to speculate about what these rates may be as this would harm the State’s ability to access funds at the most competitive rate possible. The best means to ensure that we can re-enter financial markets at favourable rates is by convincing investors of our determination to restore stability to our public finances and implement policies that will see us return to sustainable economic growth. In this regard, the Government is committed to implementing the measures necessary to bring our deficit below 3 per cent of GDP by 2015. The upcoming Jobs Initiative will underline our commitment to a policy of consolidating the fiscal position while also providing support to the labour market, thereby assisting both household and business confidence which will in turn help support economic recovery.

National Asset Management Agency 47. Deputy Charlie McConalogue asked the Minister for Finance if he will provide details of moneys lent by the National Asset Management Agency to complete projects here and in the UK; and the profit made from the sale of these projects. [9702/11]

Minister for Finance (Deputy Michael Noonan): All approvals of working and development capital are subject to a credit decision-making process which has been approved by the Board of NAMA. I am advised by NAMA that, up to the end of March 2011, NAMA had approved advances of €771m of working and development capital. Of this, it is estimated that €280m relates to projects which are based in the UK. Only a small number of the projects involved have yet been completed and offered for sale and it is not yet possible to estimate any profits that may arise from their future sale.

State Banking Sector 48. Deputy Sandra McLellan asked the Minister for Finance when will the European Com- mission have finalised its examination of the restructuring plan for Anglo Irish Bank; the details for the restructuring plan for Anglo Irish Bank; when the details for the orderly work out of Anglo Irish Bank will be made public; the timeframe envisioned for the work out of Anglo Irish Bank; and if he will make a statement on the matter. [9658/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy may be aware, a joint restructuring and work out plan for Anglo Irish Bank and Irish Nationwide Building Society was submitted to the European Commission on 31 January for approval under State Aid rules; this was in line with the timelines agreed under the terms of the EU/IMF Programme. In accordance with Government policy, the plan provides for the work out of the assets over a period of time that remain in these institutions after transfers to NAMA in a manner that seeks to protect 97 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] the financial system as a whole and also to minimise the capital losses associated with this work out. The sale of deposits and corresponding assets, which has now taken place, is included as a first step in the plan. The plan also provides for the merger of Anglo and INBS. It is the Government’s intention that while the plan envisages a wind down of the combined entity over 10 years that if possible this will be achieved earlier than that but this depends on a number of variables including market appetite for the assets. The exact timeframe for a decision on this plan is a matter for the European Commission in the first instance. However, I announced in my Statement on 31 March that an assessment of the capital requirements of both institutions will be available in May and it is likely the Euro- pean Commission will await the outcome of this before making a final decision. The national authorities continue to engage closely with the European Commission and the other bodies on this plan and it is expected that the restructuring plan process will be finalised with the Euro- pean Commission in the coming weeks.

Economic Regulators 49. Deputy Dara Calleary asked the Minister for Finance if he plans to bring all regulatory bodies covering State agencies under the direction of one Department; and if he will make a statement on the matter. [9695/11]

Minister for Finance (Deputy Michael Noonan): The Programme for Government gives a commitment to rationalise regulators to strengthen consumer regulation and protect the consumer interest. The recently published Report of the Review Group on State Assets makes a number of recommendations for reforming the economic regulators, including transferring responsibility for their supervision and performance measurement to the Department of Enterprise, Trade and Innovation on account of its responsibility for competition policy. The Government is considering these and other options for reform of the economic regulators in light of current circumstances.

Departmental Agencies 50. Deputy Robert Troy asked the Minister for Finance the key priorities of the State Claims Agency; the payments made and to be made in 2011; and if he will make a statement on the matter. [9708/11]

Minister for Finance (Deputy Michael Noonan): The State Claims Agency (SCA) is the name used by the National Treasury Management Agency (NTMA) when carrying out its claims and associated risk management functions. I have been informed by the State Claims Agency (SCA) that the key priorities of the Agency are as stated below:

(i) To ensure that the State’s liability in relation to personal injury claims, and the expenses of the Agency in relation to their management, are contained at the lowest achievable level.

(ii) To implement the Agency’s Employers’ and Public Liability and clinical risk work programmes, including the elimination and reduction of litigation risk factors in State Auth- orities and Health Enterprises, and the implementation and audit of health and safety quality management systems.

(iii) To assist the Department of Justice and Equality to introduce a statutory Periodic Payment Order Scheme concerning the payment of compensation in catastrophic injury cases as an alternative to the current system of payment of compensation in the form of a lump sum. 98 Questions— 3 May 2011. Written Answers

(iv) To participate in the deliberations of the Medical Negligence Working Group — Module II — concerning the necessary amendments to the Rules of Court and any other Regulations to facilitate the case management of clinical negligence cases by the Courts.

State Claims Agency (SCA) Expenditure — 2011

A. Clinical Claims:

Clinical claims payments (January-April 2011) €37m

Clinical claims anticipated payments (May-December 2011) €60m —— Clinical claims anticipated total payments in 2011 €97m

B. Non-clinical claims:

Non clinical claims payment (January-April 2011) €4m

Non clinical claims anticipated payments (May-December 2011) €11m —— Non clinical claims anticipated total payments in 2011 €15m A+B = €112m

Question No. 51 answered with Question No. 45.

Insurance Industry 52. Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the full extent of the guarantees he has received from Liberty Mutual regarding the future for all existing job holders in Quinn Insurance Ltd; the assurances he has received regarding all existing locations and on both sides of the Border; and if he will make a statement on the matter. [9660/11]

177. Deputy Frank Feighan asked the Minister for Finance the steps he will take to ensure the jobs in the Quinn Group will be protected after the Liberty Mutual Anglo takeover. [9903/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 52 and 177 together. The Joint Administrators announced last week the acquisition by Liberty Mutual Direct Insurance Company Ltd (LMDI), a joint venture between Liberty Mutual (LM) and Anglo Irish Bank, of certain assets and liabilities of QIL. A 12-14 week transition process will commence immediately during which time LMDI will obtain all the necessary regulatory consents from parties including the Central Bank of Ireland. As Minister for Finance I have had no direct dealings with Liberty in relation to this transaction including the issue of the future of all existing job-holders. However, I have been informed by the Joint Administrators that aside from the redundancies in Manchester all the 1570 in the QIL have been protected for at least two years. Many of these jobs are in the border areas both north and south and their protection is important for the local economies in these communities. The Joint Administrators have also advised that existing locations will be maintained aside from Navan. I understand that the Navan jobs will be redeployed to Cavan and Blanchardstown. 99 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.]

What is also reassuring is that the business has being purchased by a company which has an impressive track record in the insurance industry and which is also very conscious of the importance of ensuring competition in the Irish insurance market and appreciates its central role in providing employment and economic development in the border region and further afield. It should be noted that LMDI have purchased the front and back Irish book. The Joint Administrators are confident that all the UK business written since their appointment is profitable, and therefore in order to encourage Liberty/Anglo to take over this portion of the business (UK front book) they have agreed to continue to write profitable motor policies until 31 December 2012. Liberty Mutual will administer all aspects of any new and existing policies (including claims handling) and will have the option to purchase the UK front book from QIL at any point up 31 December 2012.

Question No. 53 answered with Question No. 45.

Departmental Staff 54. Deputy Timmy Dooley asked the Minister for Finance the number of staff sanctioned by him in 2011 despite the recruitment moratorium; their grade; the organisation they work for and the number of applications that have been refused to date in 2011. [9707/11]

Minister for Finance (Deputy Michael Noonan): The moratorium on recruitment and promotion, introduced by the Government at the end of March 2009 allows for certain general exemptions in the Education and Health Sectors for the filling of certain key posts as well as for the Local Authorities in relation to certain key posts. Information in relation to the posts covered by these general exemptions may be sought from the relevant Ministers. While Depart- ments have been implementing the moratorium in respect of themselves and the bodies under their aegis, there are occasions where a Department needs to fill a post, in either the case of a civil service post or in relation to a public service post in a body under the aegis of the Depart- ment. Such exemptions to the moratorium require the sanction of the Minister for Finance. Each request for an exception is assessed on a case by case basis. Approval to fill posts is based on the business case made including consideration of, for example:

a. statutory posts which have to be filled for legal reasons;

b. safety related posts where a failure to fill them could leave the state open to potential legal liabilities or for security reasons;

c. in order to ensure the continuity of essential services;

d. where the failure to fill a post could result in a breach of EU/international regulations etc.;

e. some specialist/technical posts are required to ensure continuity of core operations e.g. legal officers; laboratory staff, maritime safety, etc.;

Departments and Offices do have to exhaust other possibilities such as redeployment, the re- assignment of staff or the re-organisation of work before applying for an exception to the moratorium. In addition, as part of the Employment Control Framework 2011-2014 for the Health Sector, the HSE has discretion to fill a limited number of posts on exceptional grounds to support the development of integrated health care and its transformation programme. However, as part 100 Questions— 3 May 2011. Written Answers of this facility, posts of equivalent value in non-frontline areas must be suppressed for any exception made. Details of the individual exemptions sought by each Department in respect of Civil Service and Public Service posts this year are set out in tables 1 and 2, respectively.

Civil Service Table 1 sets out the details of exceptions to the moratorium which have been sought in respect of the Civil Service. Since my appointment on March 9 2011, exceptions have been sought to fill 134 posts of which 13 were refused and 9 are still under consideration. Of the 112 approved, however, only some 14 of these posts will in time involve recruitment of extra staff. In addition sanction has also been given for some 40 temporary posts to the CSO for Census 2011 and there has also been sanction, as is normal, for various temporary “summer relief” type posts.

Public Service Table 2 sets out the breakdown of exceptions to the moratorium which have been sought in respect of the wider Public Service. My Department has received 6 requests resulting in 20 posts being sanctioned.

101 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] lieu Appointments previous 2 years. Consequential HEO vacancy will not be filled case Appointments reduction targets in the Department Allowance achieving numbers Sought Promotion/ Sought Exceptions Granted Promotion/ Recruitment Recruitment Redeployment Redeployment Grade No of Decision Sanction Date Exceptions Basis of Sanction drivers, special advisers drivers, special advisers EO 1 Approved 28-Feb-11 1 CO Post Suppressed in 1 Ministerial Staff Assistant, Civilian Ministerial Staff Assistant, Civilian Appointment ofAppointment Personal of Secretary, AP AP 8Special AdvisorCO Approved POAppointment of 10-Mar-11 1 COEnergy Personal Division Secretary, PO 8 Approved PODirector of GSI 1 Ministerial 21-Apr-11 6 PO Approved 1 1 Approved 29/03/2011 15 Aps retired in 31-Mar-11 the 1 Approved 1 15/04/2011 6 Higher duty 1 Ministerial Appointment 01-Jan-11 Ministerial 1 Refused Long term sick 1 leave 01-Jan-11 Progress made on Executive Officer Executive OfficerCO 1 Approved CO 28/01/2011 1 1 Business needs of office Approved 13-Apr-11 1 Business needs of office s Office ’ s Office ’ Dept/Office Title Exception Sought Natural Resources Agriculture, Fisheries and Food Attorney General Chief State Solicitor Communications, Energy and

102 Questions— 3 May 2011. Written Answers — Appointments provide family mediation service sanction for 1 year. Supports a pilot project to be jointly implemented by the FSA and Legal Aid Board and the Courts Services for the integrated delivery of mediation services only period. recently deceased, during busiest period for auditing. Approved 24-Mar-11 1 Business critical case Sought Promotion/ Sought Exceptions Granted Promotion/ Recruitment Recruitment Redeployment Redeployment Grade No of Decision Sanction Date Exceptions Basis of Sanction countant Grade I 1 drivers special advisers 1 ir Teanga é Ministerial Staff Assistant, Civilian mediators (temp.) (temp.) PO level at grade for 4 HEOs who I (Tempoary) Coimisin have been on acting up basis for 3 years Appointment of Personal Secretary, 3Appointment of Approved HEO equivalent 21-Mar-11 4Trainee Auditor 3 Ministerial TraineeProf. Auditor Accountant Approved Grade Prof. Ac Legal Researcher 25-Jan-11 Legal Researcher 1 4 Approved Statutory function to 1 28/04/2011 Approved 1 13-Apr-11 To replace Auditor 1 Business critical case Acting up allowance to APTo allow substantive AP AP 1 4 Approved Approved 01-Mar-11 09-Mar-11 1 4 Until September 2011 Duration of acting up Dept/Office Title Exception Sought Gaeltacht Affairs General Community, Equality and Family Support Agency Comptroller and Auditor Defence Director of Public Prosecutors

103 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] working of the Labour Relations Commission Appointments (Junior and Leaving Certs) (Junior and Leaving Certs) gap caused by retirements. Consequential vacancy suppressed 26/10/10 necessary for the Sought Promotion/ Sought Exceptions Granted Promotion/ Recruitment Recruitment Redeployment Redeployment Grade No of Decision Sanction Date Exceptions Basis of Sanction drivers, special advisers drivers, specialadvisersdrivers, specialadvisers 21 March 2011 11 April 2011 1 ireann Assistant Director 1 Approved 28-Jan-11 1 Addressing management É Ministerial StaffState Exams Assistant, Civilian Ministerial Staffappointment of Assistant, CivilianMinisterial StaffCommissioners Assistant, Civilianreplacement workersmember of LabourCourt Equivalent to by internal March penultimate promotion 2011 point to of by internal promotion the PO (Higher) scale. Appointments March 2011 to Appointments Commission Assistant Director Appointment ofDirector of Personal Operations, Secretary, DirectorSECAppointment 2 ofMet Personal Secretary, Approved Director 1 (HEAD) 07-Apr-11Appointment of Approved 5 1 2To 17-Feb-11 re-appoint Personal 8 Secretary, Rights Approved Rights Commissioners Approved Ministerial To appoint a 1 Various 10 13 09-Mar-11 8Filling of Busines 1 criticl AP case vacancy Workers member 5Filling AP of Approved 1 1 AP vacancy Approved AP Ministerial Various 10 Busines critical case 19/7/10 and 1 13 8 Approved Ministerial 1 Re-appointments are 1 10/11/2010 Approved Approved 1 10/11/2010 10/11/2010 Statutory Post 1 1 Business critical post. Business critical post. Dept/Office Title Exception Sought Government Education and Skills Environment, Heritage and Local Enterprise, Trade and Innovation Labour Relations Commission Labour Court Employee Appeals Tribunal

104 Questions— 3 May 2011. Written Answers the office is reorganising to cover additional vacancies. interest. Appointments Appointments for 6 months- administered by the Association of Higher Education Access Disability (AHEAD) necessitated by need to make more effective and to centralise the Employee Assistance Service within the Dept of Finance Sought Promotion/ Sought Exceptions Granted Promotion/ Recruitment Recruitment Redeployment Redeployment Grade No of Decision Sanction Date Exceptions Basis of Sanction drivers, special advisers drivers, special advisers drivers, specialadvisers drivers, specialadvisers 8 April 2011 April 2011 Graduate 1 Approved 15/03/2011 1 Temporary replacement 1 — from EO to HEO Acting Up allowance Director Ministerial Staff Assistant, Civilian Ministerial StaffMinisterial Assistant, Staff CivilianMinisterial Assistant, Staff Civilian Assistant, Civilian March 2011 to March to 18 Appointments Appointments Service Employee temporary placement Assistance Service by interdepartmental competition Request for temporary HEOReappointment ofAppointment of 1 Assistant Secretary Personal Secretary, Approved 1 04/02/2011 3Appointment of Approved 1 Approved 01/10/2010Appointment Personal of Secretary, Business critical post and 03-May-11Appointment 1 Personal of Secretary, 8 3 Statutory post. In Personal public Secretary, 12 Ministerial Approved Various 29 3 Approved Various 10 8 Approved 24-Mar-11 12 Ministerial Ministerial 3 Ministerial WAM project Manager of the Civil AP 1 Approved 23/02/2011 1 Filling of post Dept/Office Title Exception Sought Reform Patents Office ODCE Finance Foreign Affairs Helath/Children Justice, Equality and Law

105 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] reasons. sanction for the OPW sanction for the OPW Appointments appointment 2011 Sought Promotion/ Sought Exceptions Granted Promotion/ Recruitment Recruitment Redeployment Redeployment Grade No of Decision Sanction Date Exceptions Basis of Sanction drivers 25 March 1 Services centre Manager Culture and Built of State StaffMinisterial Assistant, CivilianSecretary General Ministerial Staff Civilian drivers March 2011 to Appointments Heritage area Head of HR strategyHead of Garda Infor POIT staff 9 POHead of legal affairsOSCAMGISC PO higherAccident Damage VariousVehicle inspectorsDoctor HEO VariousHR manager 1 EOCrime HEO analyst 1CEO replacement 1Prison Doctor Not Granted HEO DoctorClerical Assistant Not HEO support Sec 9 Granted in Approved 4 DoctorManagement 1 vacancies - CO Part - Granted POAppointment 19-Apr-11 of Minister 3 2 Personal Part Secretary, Granted Not 19-Apr-11 Granted 1Appointment of 1 19-Apr-11 2 0 1 Part 19-Apr-11 Granted Approved 2 0Appointment of 4 4 1 Approved 19-Apr-11 Business Personal Critcal BusinessAppointment 19-Apr-11 Secretary, Critcal Not of Granted 2 Approved Business 1 Critcal Not 0 Granted Business Secretary Critcal General 10-Feb-11 2 19-Apr-11 Approved Approved 19-Apr-11 1 19-Apr-11 Personal Business Secretary Critcal 3 Business Critcal 3 Approved Various 14-Feb-11 10 1 Approved Business Critcal 0 Business 1 Critcal 2 0 24-Jan-11 1 24-Jan-11 Approved Business Critcal Business 4 Critcal 1 Business Critcal Business Critcal Approved 20-Apr-11 1 Ministerial Approved Prison 2 operational 26-Apr-11 Part of limited overall 20-Apr-11 3 Part of limited overall 1 Ministerial 1 Government Ministerial Appointment Dept/Office Title Exception Sought Garda Civilians Property Registration Authority Prison Service OPW Public Expenditure and Reform Social Protection

106 Questions— 3 May 2011. Written Answers 165 141 Sought Promotion/ Sought Exceptions Granted Promotion/ Recruitment Recruitment Redeployment Redeployment Grade No of Decision Sanction Date Exceptions Basis of Sanction drivers, special advisers drivers, specialadvisers 26 April 2011 1 Ministerial StaffMinisterial Staff Assistant, Civilian Assistant, Civilian Consideration March 2011 to Appointments Appointments Appointment ofAppointment of Personal Secretary, Personal Secretary, 9 14 Under Approved Various 10 14 Ministerial Ministerial Dept/Office Title Exception Sought Taoiseach Transport Total

107 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] contract) fixed-term s ECF by from DSP and ’ 6 posts to beterm recruited contracts on for fixed- ano period more of than 3 years. recruited externally on a three year posts granted Department of Social Protection Requests for Exceptions in the Public Service — Table 2 3 EOs end-2012; Sanction was given for 6 posts to be administrator who was acting up into anproject ICT management role until 31 March 2011 developments in thepensions arena 4 APs 4 HEOs of 6 posts from the Department of Social Protection ICT vacancy transferred for theduration of 11 months until November 2011 ICT area To fill a Grade 7 (HEO) Grade 7 (HEO) 1 1 2 March 2011 InformationBoard position made vacant by Administrator the resignation of an Post No. of Requesting Body Purpose of Sanction Grade No. of Decision No. of posts Date Sanctioned Comment requests 1 Pensions Board Staff required due to1 1 PO Citizens 12 This was to fill the Sanction was given for the transfer 12 (6 posts to be Grade 4 ICT 11 March 2011 1 1 31 March 2011

108 Questions— 3 May 2011. Written Answers la 2011 á posts granted Secretary Scaleat 12/12/09minus 8% Board member posts is being examined Judge subjectto theprovisions ofthe Financial Emergency Measures in the Public Interest reviewed Acts and may2009 be subject to appointment downward revision prior to Department of Environment, Heritage and Local Government Chairperson Post Assistant re-grading of An Bord Plean To fill Deputy Point 2 of former 1 Post to be filled for one year while 1 18th February la High Court stating that pay is being 2011 á Plean No. of Requesting Body Purpose of Sanction Grade No. of Decision No. of posts Date Sanctioned Comment requests 1 An Bord To fill Chairperson Post Equivalent to 1 Statutory PostPost advertised 1 14th February

109 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] essential post until VEC rationalisation existing and new teachers in time for September 2011 academic year. ear scheme posts granted Department of Education and Skills Officer officer VEC amalgamationTemp Cos Education to complete only registration of existing and new teachers for 2011/2012 academic year 1 x director of1 integration regional manager 2 x education welfare 1 x clerical officer post months expire 29 March 2011 S also received sanction on the 11th of March to recruit 40 temporary clerical officers of 100 sought as cover for staff availing of the Shorter Working Y Á No. of Requesting Body Purpose of Sanction Grade No. of Decision No. of posts Date Sanctioned Comment requests 1 NEWB1 1 x director of1 services Co. Mayo VEC Various Temp extension pending Teaching Council Acting Renew contracts of 5F 6 Clerical Officer 1 EWO 1 post extended by 5 6 Approved until 30 Sept Approved 2011 until 31 August 2011 1 extension 24 Mar 5 2011 1 1 post extended as due to 31 29 Mar Mar 2011 2011 To Temporary finalise extension registration of of

110 Questions— 3 May 2011. Written Answers posts granted Department of Tourism, Culture and Sport be filledDirector to be filled Higher Scale Director to be filled Higher Scale Standard Scale Modern Art Director to be filled Standard Scale ilte Ireland also requested 80 seasonal Tourist Information Officers (clerical) to staff its Information Offices for the tourist season. á No. of Requesting Body Purpose of Sanction Grade No. of Decision No. of posts Date Sanctioned Comment requests 11 Irish Film Board1 To enable CEO National post Gallery to1 To enable the post Irish Principal of Museum Officer, ofF To enable the The post Arts 1 Principal of Council Officer, To enable the post of Grant Principal 1 Officer, Principal Officer, Grant 1 1 Grant Grant 1 1 4 February 2011 1 10 January 2011 1 28 April 2011 17 February 2011 Sanction granted on 20thSuch of sanctions April. are Shannon given Development on was the also understanding granted that 12 the Tourist pay Information can Officers be on met the from same within basis. existing budgetary resources.

111 Questions— 3 May 2011. Written Answers

Tax Code 55. Deputy Seamus Healy asked the Minister for Finance his plans to abolish the universal social charge, introduced by the previous Government, in view of its impact on the income of low and middle income families; and if he will make a statement on the matter. [6051/11]

Minister for Finance (Deputy Michael Noonan): The position is that there is a commitment in the new Programme for Government to carry out a review of the Universal Social Charge (USC) and I would anticipate that the review will be completed in time for Budget 2012. I would encourage all interested parties to join the review of the USC by way of submission to my Department. My Department is currently accepting submissions from interested parties, however, if changes to the USC are being proposed I would request well thought-out and workable solutions to fill any revenue gaps created. The focus must be on maintaining the €4 billion yield. I should point out that the USC is progressive and when all charges on income are taken together we have a highly progressive taxation system. Ireland has one of the most progressive taxation systems in the entire OECD. Finally, we must have a sustainable, robust taxation system going forward and the USC is part of that system.

Insurance Industry 56. Deputy Sandra McLellan asked the Minister for Finance the full extent of the State commitment to the Anglo Irish Bank-Liberty Mutual preferred bid for Quinn Insurance Ltd in either direct cash terms, guarantees or underwriting; and if he will make a statement on the matter. [9659/11]

Banking Sector Regulation 57. Deputy Brian Stanley asked the Minister for Finance the action being taken by him in the investigation into the role of auditors in banks which have received State assistance; and if he will make a statement on the matter. [9656/11]

61. Deputy Mary Lou McDonald asked the Minister for Finance as the sole shareholder in Anglo Irish Bank and acting on behalf of the State, the actions he will take against the external

112 Questions— 3 May 2011. Written Answers auditors who gave Irish banks unqualified audit reports in the months preceding the bank guarantee in 2008; the measures he will put in place to ensure that external auditors can be held to account in any future banking crisis; and if he will make a statement on the matter. [9663/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 57 and 61 together. As the Deputies will be aware the Nyberg Commission of Investigation recently published its Report. The main findings of the Commission, in relation to the role of auditors, were:

• auditors’ commentary regularly focuses only on issues which they consider relate to the accuracy of the historic accounts

• in the absence of an express requirement for the auditors to do so, there appears to have been no challenging dialogue with the covered banks on their business models and their growing property and funding exposures. Such dialogue could have highlighted the business model risks and might have influenced the banks in relation to their growing vulnerabilities as the Period progressed.

• that it was unfortunate that sufficient, timely and challenging auditor dialogue was not used to influence the banks’ business models and lending practices.

These findings and recommendations raise a number of issues for the audit profession concerning how it sees its own role and its relationship to both client firms and to external statutory and other stakeholders. It is clear however that the Commission of Investigation generally accords with the view that the audit profession should be able to contemplate an enhanced role in co-operation with supervisory authorities, while recognising their respective statutory functions. This is a view which I generally support and indeed I understand that the Central Bank has commenced a process of engagement with the audit profession to explore the potential for enhanced, regular dialogue between auditors and supervisors and how the profession can best assist the Bank in carrying out its supervisory functions. I also welcome the fact that the representative body, the Institute of Chartered Accountants in Ireland, is itself seeking to actively engage in this debate and is currently undertaking an industry-level review of the role of statutory audit which is considering issues such as the scope of the audit; how the audit profession interacts with and reports to shareholders and the information included in such reports; relationships between auditors and supervisors; and how the profession is regulated. This review of course extends beyond the audit of financial institutions. In addition, I am aware that the Irish Auditing and Accounting Supervisory Authority (IAASA) has a statutory role for the supervision of the accountancy bodies’ regulation and monitoring of their members. In this role, the IAASA has contacted the Institute of Chartered Accountants in Ireland (the Institute) with a view to establishing the Institute’s regulatory response to the emergence of issues into the public domain in December 2008. Subsequent to this, the Institute’s Complaints Committee, which is the Chartered Accountants Regulatory Board (CARB), appointed a Special Investigator to examine the role that any of its members or member firms may have played in events at Anglo Irish Bank. Separately, in 2010, CARB also initiated a review of the 2008 audits by member firms of the “covered” financial institutions. The scope of this review, which takes place under the CARB Quality Assurance remit, was approved by its Board following consultation with IAASA.

113 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.]

The review is focusing on the application of appropriate procedures during the audit of accounts for 2008 year end, specifically in respect of loan valuations and provisions for impairments of those loans. The CARB Board appointed an independent expert to oversee the review and I have been informed that the Board expects to publish a report in the summer of 2011.

National Pensions Reserve Fund 58. Deputy Timmy Dooley asked the Minister for Finance the current value of the National Pensions Reserve Fund; the commitments on the funds in respect of payment; and if he will make a statement on the matter. [9705/11]

Minister for Finance (Deputy Michael Noonan): The National Pensions Reserve Fund (NPRF) was established on 2 April 2001 under the National Pensions Reserve Fund Act 2000 for the purpose of meeting as much as possible of the cost to the Exchequer of social welfare pensions and public service pensions to be paid from the year 2025 until the year 2055, or such other year as may be specified by order. Subsequent amendments to the National Pensions Reserve Fund Act provide that the Minister for Finance may direct the National Pensions Reserve Fund Commission to invest in certain credit institutions, to buy Government bonds and, until 2013, to provide money to the Exchequer for capital purposes. The total value of the National Pensions Reserve Fund, according to its most recently-published figures, was €23.2 billion at 31 March 2011. This figure included €7.9 billion invested in Bank of Ireland and Allied Irish Banks on the direction of the Minister for Finance. On foot of a Ministerial direction, €5.5 billion in cash was set aside as the first part of a phased de-risking of the NPRF in February 2011 in anticipation of its contribution required under the EU/IMF Programme of Financial Support for Ireland. This left some €9.8 billion in the Discretionary Portfolio (the assets available for investment at the discretion of the NPRF Commission) at end-March 2011 values. The table below shows the composition of the Fund at end-March 2011:

End-March 2011 (€billion)

Directed Investments Banks 7.9 Set aside for EU/IMF Support Programme 5.5 Discretionary Portfolio 9.8

Total Fund 23.2

Following a second Ministerial direction in April 2011, a further €4.5 billion was realised from the Discretionary Portfolio. This increased the amount set aside for the EU/IMF Support Prog- ramme from €5.5 billion to €10 billion.

Banking Sector 59. Deputy Richard Boyd Barrett asked the Minister for Finance if he will name the bondholders of the Irish banks who were repaid between 29 September 2008 and to date in 2011; and if he will make a statement on the matter. [9713/11]

Minister for Finance (Deputy Michael Noonan): The Central Bank has advised me that the process of issuing new bonds is normally through underwriting, where one or more securities firms or banks form a syndicate buying the entire bond issue from the issuer and then re-selling to investors. Primary issuance is arranged by these syndicates who contact potential investors and advise the bond issuer in terms of timing, tenor and pricing of the bond issue. The bond 114 Questions— 3 May 2011. Written Answers issuer will likely have little knowledge of the original owners of the bonds; also these initial investors may over time sell the bonds to other investors. Bonds are usually issued in bearer form which means that the purchasers of the bonds are unknown, with the bonds usually held by a securities depository company (e.g. Euroclear and Clearstream). When paying interest and principal the bond issuer will transfer the required funds to the securities depository company who in turn will pay the funds through to the bondholders. The function of the securities depository company is to receive the appropriate interest or principal payment for the entire bond issue from the issuer and to distribute the required amounts to the individual bondholders. This is a standard process for all such issuances. Therefore throughout this entire process the bond issuer is unaware of the individual bondholders’ details.

EU-IMF Fund 60. Deputy Martin Ferris asked the Minister for Finance if he has had discussions with the EU and the International Monetary Fund in relation to the lowering of personal income tax bands and credits; if he will bring forward measures to offset the measure in the EU-IMF programme to further lower personal income tax bands and credits for the 2012 budget in view of the fact that the programme for Government states that it will maintain current bands and credits; if this issue was discussed with the external partners; and if he will make a statement on the matter. [9650/11]

Minister for Finance (Deputy Michael Noonan): The position is that the issue of maintaining tax credits and bands at their current rates was discussed with the European Commission, IMF and ECB Troika during the recent Review Mission of 5 April to 15 April 2011. As the Deputy is aware, the Government has initiated a Comprehensive Review of Expenditure (CRE) to provide the Government with a set of decision options to meet the overall fiscal consolidation objectives and re-align spending with the Programme for Government priorities. The CRE is due to be completed by end September 2011. When this review is complete, the Government will examine the findings and based on these findings and consultation with the Troika will introduce fiscally neutral changes to the detail of the EU/IMF Programme of Financial Support for Ireland while maintaining the overall commitment to fiscal consolidation.

Question No. 61 answered with Question No. 57.

Tax Code 62. Deputy David Stanton asked the Minister for Finance if he will consider introducing incentives such as VAT refunds for farmers who install and operate renewable energy microgeneration equipment; and if he will make a statement on the matter. [9715/11]

Minister for Finance (Deputy Michael Noonan): Farmers who are registered for VAT account for VAT in respect of all their taxable activities, whether those activities consist solely of farming or both farming and other activities such as the generation of electricity for provision to the national grid. In turn they are entitled to claim input credit for VAT charged on the installation of renewable energy microgeneration equipment for use in their taxable activities. In so far as farmers who are not registered for VAT are concerned, they are not in the normal course entitled to credit for, or repayment of, VAT incurred by them on their business inputs. The Value-Added Tax (Refund of Tax) (No. 25) Order, 1993 provides for refunds to unregis- tered farmers for tax borne on the “construction, extension, alteration or reconstruction of any building or structure which is designed for use solely or mainly for the purposes of a farming business”. However, while the installation of renewable energy microgeneration equipment

115 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] may be the construction of a structure, such a structure is not “designed for use solely or mainly for the purposes of a farming business”. It is designed rather to generate electricity for wherever required. Consequently, the installation of alternative energy generators does not come within the scope of the VAT refund order.

Banking Sector 63. Deputy Brian Stanley asked the Minister for Finance the preparatory steps being taken in 2011 to set up the Strategic Investment Bank; the assessments or analysis being undertaken; the models of funding being explored to set up and run this bank; and if he will make a statement on the matter. [9657/11]

Minister for Finance (Deputy Michael Noonan): The Programme for Government contains a clear commitment to creating a Strategic Investment Bank that will become a provider of finance to large capital projects, a conduit for venture capital and a lender to SMEs. As I indicated in a reply to PQ 5399 on 23 March, the Government will only be in a position to decide on the timing and the structure for setting up the Strategic Investment Bank when the necessary detailed assessment and planning work has been done. Therefore it would be premature to discuss its functions and responsibilities at this stage. For the same reasons the Govern- ment Legislation Programme for the summer session which was published on 5 April does not contain legislation in relation to the Strategic Investment Bank.

Fiscal Policy 64. Deputy Pearse Doherty asked the Minister for Finance in view of the fact that the external partners, including the IMF, all reported in advance of 2007 that Ireland’s fiscal policies were sound and that the banks had adequate capital, his views that Ireland should be reliant therefore on the advice, direction and diktat of these partners; and if he will make a statement on the matter. [9667/11]

Minister for Finance (Deputy Michael Noonan): One of the key lessons from the crisis — both internationally and domestically — is that not enough attention was paid to the inter- relatedness of credit, construction, indebtedness, and the real economy. From an Irish perspective, it is also fair to say that insufficient weight was given to contrarian views, a point which was made recently in the Nyberg report. While our external funding partners must be consulted —they are after-all providing significant funding to us —I would stress that the policies currently being followed are those of the Irish Government. These policies are about restoring stability and repairing our international reputation. The Government is also proceeding with a Jobs Initiative in May, designed to underpin the labour market and help restore confidence.

State Bodies 65. Deputy Dara Calleary asked the Minister for Finance if he plans to amalgamate State agencies; if so, the agencies involved; the potential savings to the Exchequer; and if he will make a statement on the matter. [9696/11]

171. Deputy Micheál Martin asked the Minister for Finance the number of State bodies he intends to abolish; the time line for achieving same; if a provisional list of State bodies to be abolished has been drawn up; and if he will make a statement on the matter. [5907/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 65 and 171 together.

116 Questions— 3 May 2011. Written Answers

The Government is committed to reducing and rationalising the plethora of state bodies. In accordance with the Programme for Government we are now undertaking a Comprehensive Review of Expenditure of all aspects of public expenditure and in this context we will be critically examining all state bodies to see if there is, in fact, a continuing need for them. Where there is a rationale for maintaining a function, we will consider whether bodies can usefully be amalgamated or absorbed back into their parent Departments. As well as giving rise to Exchequer savings in time, I would see these measures as forming part of the wider reform of the public service agenda because it is very important that there is proper accountability for public expenditure to this House. In addition to these new measures there are also a number of amalgamations and rationalis- ations already under way which are set out in the table below:

Rationalisation of State Bodies currently in train

Department of Education and Skills 1. Amalgamation of the Further Education and Training Awards (FETAC), the Higher Education and Training Award Council (HETAC) and the National Qualifications Authority of Ireland (NQAI).

2. Rationalisation/reduction of the number of Vocational Education Committee’s from 33 to 16.

Department of Enterprise Trade and Innovation Merge Competition Authority and National Consumer Agency

Department of Environment Formal Merger of Local Government Management Service Board and Local Government Computer Services Board into Local Government Services Board

Department of Finance Formal Merger of Commission on Public Service Appointments with the Ombudsman Office.

Department of Health 1. Merge the National Council for Professional Development of Nursing and Midwifery into An Bord Altranais.

2. Merge the following Bodies into Health and Social Care Professionals Council:

— National Social Work Qualification Board;

— Opticians Board;

— Pre-Hospital Emergency Care Council

3. Merger National Cancer Registry Board into the HSE.

Department of Tourism, Culture and Sport 1. Combine Irish Museum of Modern Art, the Crawford Art Gallery and the National Gallery of Ireland, while retaining their separate identities.

2. Merge the National Archives and the Irish Manuscripts Commission into the National Library.

117 Questions— 3 May 2011. Written Answers

State Assets 66. Deputy Mary Lou McDonald asked the Minister for Finance if he will name the commercial semi-State bodies from the Report of the Review Group on State Assets & Liabilities that he has discussed and-or is actively considering selling a whole or part of; the timeframe he will begin this sale process; and if he will make a statement on the matter. [9662/11]

81. Deputy Niall Collins asked the Minister for Finance the timeframe in which he envisages that the sale of State assets will commence. [9698/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 66 and 81 together. The Review Group on State Assets and Liabilities published its report on 20 April 2011. The Government will now study the findings of the report and its extensive recommendations in detail. As set out in the Programme for Government, non-strategic assets up to a value of €2 billion will only be sold when market conditions are right and when adequate regulatory structures have been established to protect consumer interests. No specific bodies have, therefore, been identified for sale at this stage and no binding timeframe has been set. The Group itself cautions against a hastiness to sell such assets.

Public Private Partnerships 67. Deputy Sean Fleming asked the Minister for Finance the proposals under consideration by the National Development Finance Agency in respect of public private partnerships; the position regarding public private partnerships; if he will indicate the projects that are expected to be at the approved stage in 2011; and if he will make a statement on the matter. [9704/11]

111. Deputy Thomas P. Broughan asked the Minister for Finance if he will report to Dáil Éireann on the current position regarding public private partnerships in 2011; and if he will indicate which PPPs will proceed in 2011 and 2012; and if he will make a statement on the matter. [9946/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 67 and 111 together. The procurement of individual Public Private Partnerships (PPPs) is a matter for individual Departments. The National Development Finance Agency (NDFA) provides financial, insurance and risk analysis advice to State Authorities in order to assist in determining the most appropriate procurement mechanism. I understand that to date in 2011 there are five PPPs at various stages of the procurement process of which the NDFA is acting as the procuring authority for three in the education sector. There are a further four PPP projects in the pipeline.

State Assets 68. Deputy Brian Lenihan asked the Minister for Finance if he will confirm if the proceeds of the sale of State assets will be used to fund a jobs programme as promised in the Fine Gael NewERA document or if the proceeds of the sale of State assets will be used to pay off the national debt. [9693/11]

161. Deputy Michael McGrath asked the Minister for Finance if the EU-IMF-ECB agreed during the recent review of the funding programme that the proceeds from the sale of certain State assets could be invested in job creation initiatives instead of paying down the national debt; and if he will make a statement on the matter. [9739/11]

118 Questions— 3 May 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 68 and 161 together. Both policy options are available in this regard for Government decision in due course in relation to any asset sales that might take place. The draft agreement with the EU/IMF does not preclude the use of the proceeds in this way and the matter is for further discussion with the EU/IMF as the occasion arises.

Industrial Sites 69. Deputy David Stanton asked the Minister for Finance further to Parliamentary Question No. 72 of 29 March 2011, if the final report of the working group on Haulbowline, County Cork, has now been completed; and if he will make a statement on the matter. [9714/11]

Minister of State at the Department of Finance (Deputy Brian Hayes): The Working Group, established by Government, to develop a structured and coherent approach to the future management and development of the former Irish ISPAT site at Haulbowline, County Cork, is concluding its deliberations. It is expected that the report will be available in May 2011.

Decentralisation Programme 70. Deputy Seán Crowe asked the Minister for Finance if he will proceed with the previous Government’s decentralisation programme; and if he will make a statement on the matter. [9665/11]

73. Deputy Sean Fleming asked the Minister for Finance the developments regarding decentralisation in 2011 in particular the programme for acquisition of new office accommodation where decentralised staff are in temporary rented accommodation and if he will list which priority projects will proceed. [9706/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 70 and 73 together. The Government has not yet taken any decision in relation to either the programme or individual projects. The Government recently agreed to conduct a Capital Expenditure Review with the focus on programmes and projects that will best support economic recovery. This may have implications for the availability of capital funding for decentralisation projects. The requirement to reduce public service numbers by some 24,000 in the period to 2015 and the moratorium on the filling of vacancies also needs to be taken into account. As regards developments in 2011, the Property Registration Authority moved into permanent accommodation in Roscommon in January and a new building is under construction in Tipperary Town for the Department of Justice and Equality where that Department already has an advance office in place.

State Assets 71. Deputy Brian Lenihan asked the Minister for Finance if a detailed valuation process of State assets will commence; if such a process will take into account debt and pension fund deficits that may exist in some State companies; the persons that will carry out such a review; and if he will make a statement on the matter. [9694/11]

Minister for Finance (Deputy Michael Noonan): The Report of the Review Group on State Assets and Liabilities set out a detailed assessment of the assets and liabilities, including pen-

119 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] sion fund deficits, of all the main commercial State-sponsored bodies. It was based on book values but a valuation would have to be undertaken in the case of any sale. As set out in the Programme for Government, non-strategic assets up to a value of €2 billion will only be sold when market conditions are right and when adequate regulatory structures have been established to protect consumer interests.

Jobs Fund 72. Deputy Barry Cowen asked the Minister for Finance the funding that has been allocated to the jobs fund outlined in the Programme for Government. [5792/11]

Minister for Finance (Deputy Michael Noonan): The Government is committed to resourcing a Jobs Fund within its first 100 days in the Programme for Government. The details of individual measures are currently being considered by the Government for the purpose of delivering on this commitment.

Question No. 73 answered with Question No. 70.

National Asset Management Agency 74. Deputy Billy Kelleher asked the Minister for Finance if he will outline the National Asset Management’s Agency plans to start lending to buyers in the residential property markets; when such funding will be available; the amount that will be available; when the necessary legislation will be introduced; and if he will make a statement on the matter. [9700/11]

Minister for Finance (Deputy Michael Noonan): NAMA has been established as a fully commercial agency to operate under the direction of a Board of Directors. I recently met with the Board and explained that I expect it to review all options in terms of regenerating activity in the Irish property market as soon as possible. In that context, the Chairman of NAMA has recently stated that the Agency is exploring ways by which it can provide finance for commercial and residential property deals in line with its objective of reinvigorating the Irish property market. The Chairman has stated that he envisages that NAMA will work with the two pillar banks to identify solutions which will increase access to residential mortgages for its Irish residential portfolio. I understand that the Agency is currently preparing detailed plans and that it proposes to enter into discussions with the two pillar banks shortly. There are no proposals at present to change the legislation.

Departmental Expenditure 75. Deputy Aengus Ó Snodaigh asked the Minister for Finance the cost to the Exchequer of commissioning and publishing the Honohan, Regling-Watson and Nyberg reports; the money paid to each of the four drafters involved; the cost of additional researchers and personnel; and if he will make a statement on the matter. [9648/11]

Minister for Finance (Deputy Michael Noonan): The previous Government announced the establishment of an investigation into the banking crisis on 19 January 2010. There was a two- stage process. For the first stage, the Government commissioned two separate preliminary reports. One report was prepared by Professor Patrick Honohan, Governor of the Central Bank of Ireland, entitled “The Irish Banking Crisis — Regulatory and Financial Stability Policy 2003-2008”. There was no cost to the Exchequer in relation to this report as all costs were met by the Central Bank of Ireland. A second report was prepared by Mr. Klaus Regling and Mr. Max Watson who were appointed by the Minister for Finance entitled “A Preliminary Report on the Sources of Ireland’s Banking Crisis”. The total cost of this report was €124,398.

120 Questions— 3 May 2011. Written Answers

The second stage of the inquiry was the establishment of a Statutory Commission of Investi- gation, pursuant to the Commissions of Investigation Act 2004. On 7 July 2010, the previous Government announced its decision to establish a Commission of Investigation into the banking sector in Ireland. The Commission was formally established on 21 September 2010 by Government Order, and Mr. Peter Nyberg was appointed as the sole Member of the Commission. The Commission of Investigation reported to me on 22 March 2011. While there are a small number of payments outstanding in relation to the Commission, it is expected that the overall cost of the Commission of Investigation will be in the region of €1.2 million and includes staffing, accommodation, equipment and legal costs. Final costs will be available in the coming weeks when all remaining invoices have been received.

76. Deputy Dessie Ellis asked the Minister for Finance the total value of fees paid directly by him in respect of all services provided by a company (details supplied) for the years 2009 and 2010; and if he will make a statement on the matter. [9654/11]

Minister for Finance (Deputy Michael Noonan): My Department made no payments to the company mentioned by the Deputy during the years 2009 and 2010.

National Debt 77. Deputy Michael McGrath asked the Minister for Finance taking account of the additional bank recapitalisation following the recent bank stress tests, the amount of interest he anticipates will be paid on the national debt for each of the years 2012, 2013, 2014 and 2015; and the percentage of the total tax take that will be accounted for by such payments for each of those years. [9692/11]

Minister for Finance (Deputy Michael Noonan): The recently conducted banking stress tests identified €24 billion of additional support as being required by the banking sector. However, it is not expected that the State will provide this full amount and the debt forecasts which are contained in the Stability Programme Update recently submitted to the European Commission are predicated upon the State providing €20 billion in capital support, some €10 billion of which is due to come from the National Pensions Reserve Fund and was already factored into the debt forecasts at budget time. The additional €10 billion which has now been identified will add to the level of debt and this has been taken account of in the Stability Programme Update which was laid before the Dáil on 29 April 2011. Based on these assumptions, the Stability Programme Update projections of debt interest costs and those costs as a percentage of total tax receipts are outlined in the below table:

Stability Programme Update Projections

2012 2013 2014 2015

National Debt Interest (€ bn) 7.2 8.0 8.7 9.2 Tax Revenue (€ bn) 37.5 39.9 42.3 44.3 Debt Interest as % of Tax Revenue 19.2 20.1 20.7 20.8

At almost 21 per cent, the proportion of tax revenues going towards debt interest in 2015 is undoubtedly at a significant level. However, it is worth bearing in mind that it is well below the ratios experienced in the mid-1980s when around a third of the tax revenues generated in the State went towards servicing the interest on the national debt. There is now a general appreciation at European level of the importance of debt sustainability considerations in the pricing of EU and euro area financial assistance loans to Member States. In this regard, the Heads of State or Government of the euro area decided on 121 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] 11 March last that the “pricing of the EFSF (loans) should be lowered to better take into account debt sustainability of the recipient countries, while remaining above the funding costs of the facility, with an adequate mark up for risk, and in line with IMF pricing principles.” The European Council also decided that the interest rate on the loans to Greece will be adjusted by 100 basis points. The position in relation to the pricing of Ireland’s loans was also considered in the context of wider political discussions but the Council did not take any decision in the matter. The pricing of Ireland’s loan is being pursued vigorously by myself and my Department at European level. The decision on this will be made by Eurogroup and ECOFIN Ministers, and it is being addressed through that forum. However, every opportunity to present our case on the interest rate is being taken — including the EU/IMF quarterly review which took place last month.

National Development Plan 78. Deputy Robert Troy asked the Minister for Finance his priorities under the National Development Plan; the projects which will proceed; and if he will make a statement on the matter. [9699/11]

Minister for Finance (Deputy Michael Noonan): The Government has approved the preparation of a new capital investment framework for the period post 2012. This will be prepared by the Department of Public Expenditure and Reform, in conjunction with other Departments and key stakeholders. It will be carried out in parallel with the comprehensive review of current expenditure, and will help us to identify programmes and projects that will best support economic recovery. The key objectives will be to: (i) align capital investment allocations with Prog- ramme for Government priorities within the overall fiscal consolidation objectives; and (ii) to ensure that allocations are directed towards investments which can have the greatest economic and employment impact. The review will allow the Government to critically examine all areas of capital investment expenditure to ensure that investment is focused on pressing economic and employment challenges.

European Stability Mechanism 79. Deputy Michael Colreavy asked the Minister for Finance the criteria that will be used for the debt sustainability analysis under the European Stability Mechanism; the person that will be conducting this review; the provisions being made for situations when post 2013 the ESM find that a country’s debt burden is unsustainable; and if he will make a statement on the matter. [9644/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy will be aware, the European Council has agreed on the need for euro-area Member States to establish a permanent stability mechanism: the European Stability Mechanism (ESM). The ESM will be activated by mutual agreement if it is indispensable to safeguarding the financial stability of the euro area as a whole. The ESM will assume the role of the European Financial Stability Facility (EFSF) and the European Financial Stabilisation Mechanism (EFSM) in providing external financial assistance to euro-area Member States after June 2013. Access to ESM financial assistance will be provided on the basis of strict policy conditionality under a macro-economic adjustment programme and a rigorous analysis of public-debt sustainability, which will be conducted by the Commission together with the IMF and in liaison with the ECB. The beneficiary Member State will be required to put in place an appropriate form of private sector involvement, according to the specific circumstances and in a manner fully consistent with IMF practices.

122 Questions— 3 May 2011. Written Answers

The criteria for the debt sustainability analysis to be conducted under the ESM are not set out in the Term Sheet for the ESM which was agreed by the European Council and sets out the main elements relating to the establishment, governance, funding and functioning of the ESM. There is no definitive means of determining debt sustainability as it is predicated on a range of factors, including assumptions regarding future economic growth, the stock of debt and interest costs. A key determinant in the stabilisation of the debt ratio will be the narrowing of the gap that currently exists between revenues and expenditure through further fiscal consolidation.

Semi-State Sector Remuneration 80. Deputy Niall Collins asked the Minister for Finance if he plans to reduce salaries in semi- State companies following a review into the matter; and if he will do so prior to the sale of any State company. [9697/11]

Minister for Finance (Deputy Michael Noonan): The agreement of both the relevant Minister and the Minister for Finance is, under various statutes, required in relation to the remuneration of CEOs of Commercial State companies. There are no such statutory provisions in relation to the remuneration of other staff. The current arrangement for setting the remuneration of these CEO posts is based on comparative analysis with posts in the private sector — the last such review took place in 2007. I understand that my colleague, Minister Howlin, intends to give further consideration as to how best to effect reductions in the remuneration of CEOs of Commercial State Companies — while acknowledging that there may be contractual issues in relation to current incumbents — and to bring proposals on the matter to Government shortly.

Question No. 81 answered with Question No. 66.

Oireachtas Members’ Remuneration 82. Deputy Peadar Tóibín asked the Minister for Finance the cost to the Exchequer of payments to former TDs and Ministers excluding pension costs; if he will provide this data in tabular form in terms of cost per month and per person; and if he will make a statement on the matter. [9653/11]

Minister for Finance (Deputy Michael Noonan): Further details of what is required by the Deputy are necessary. My officials will be in touch with the Deputy to clarify the position.

Ground Rents 83. Deputy Gerry Adams asked the Minister for Finance if he continues to pay ground rent on iconic buildings to absentee landlords; if this includes his Department in Government Buildings; the other iconic buildings on which ground rents are paid; and if he will make a statement on the matter. [9264/11]

125. Deputy Gerry Adams asked the Minister for Finance if ground rents are paid in respect of any Government properties, including Government Buildings; and if he will make a statement on the matter. [6043/11]

Minister of State at the Department of Finance (Deputy Brian Hayes): I propose to take Questions Nos. 83 and 125 together. The Office of Public Works pays Ground Rent on 50 properties including Government Build- ings. The following table schedules the properties involved and monies are generally paid to the agents/solicitors acting for the Landlord.

123 Questions— 3 May 2011. Written Answers

[Deputy Brian Hayes.]

Location Property County

CARLOW Carlow Agriculture Office Co Carlow SWANLINBAR Swanlinbar GS+Cust Post + RAX Co Cavan LISSYCASEY Lissycasey GS + MQ Co Clare COBH Cobh Custom House Co Cork CORK Cork C&E Parnell Place Co Cork CORK Cork Custom House Co Cork CORK MacCurtain Street GS Co Cork CROSSHAVEN Crosshaven 12 Hses incl GS+MES Co Cork FERMOY Fermoy GS Co Cork GLENGARRIFF Glengarriff/Garinish+M/land Pl Co Cork YOUGHAL Youghal Fmr Military Barracks Co Cork BUNDORAN Bundoran GS + MQ Co Donegal KILMACRENNAN Kilmacrennan GS Co Donegal DUBLIN 01 O’Connell Street Upper 11-13 Co. Dublin DUBLIN 01 O’Connell Street Upper 14-15 Co. Dublin DUBLIN 01 O’Connell Street Upper 44 Co. Dublin DUBLIN 01 Thomas Lane 1-2 Co. Dublin DUBLIN 02 Burgh Quay 13-14 Co. Dublin DUBLIN 02 Dublin Castle Co. Dublin DUBLIN 02 Fitzwilliam Pl 31 Advanced Stud Co. Dublin DUBLIN 02 Government Buildings Co. Dublin DUBLIN 02 Kildare Street 23-28 Co. Dublin DUBLIN 02 Kildare Street 4-5 Library Co. Dublin DUBLIN 02 Merrion Row 7-9 Co. Dublin DUBLIN 02 Merrion Square 16 Red Cross So Co. Dublin DUBLIN 02 Merrion Square 5 Inst/Advan St Co. Dublin DUBLIN 02 Merrion Square 6A(Fenian St) Co. Dublin DUBLIN 02 Merrion Street Upper 14-16 Co. Dublin DUBLIN 02 St Stephen’s Gr 50-51 Co. Dublin DUBLIN 02 St Stephen’s Gr 78-81 Iveagh Hse Co. Dublin DUBLIN 04 Burlington Road 10 Co. Dublin DUBLIN 06 Cathal Brugha Barracks Co. Dublin DUBLIN 06 Terenure GS + Tel Exch + RAX Co. Dublin DUBLIN 07 Four Courts Co. Dublin DUBLIN 09 Botanic Gdns Co. Dublin DUBLIN 14 Dundrum Central Mental Hospital Co. Dublin DUBLIN 15 Abbotstown Farm Co. Dublin KILLARNEY Killarney National Park + Offi Co Kerry TRALEE Tralee Music School Co Kerry TRALEE Tralee SWO — Godfrey Place Co Kerry PORTLAOISE Portlaoise Decentral Site Co. Laois LIMERICK Limerick Custom House Hunt Mus Co Limerick LIMERICK Limerick Henry/Cecil/Glentwort Co Limerick LIMERICK Limerick OPW Regional Office Co Limerick DROGHEDA Drogheda Government Offices Co Louth BIRR Birr GS Co Offaly

124 Questions— 3 May 2011. Written Answers

Location Property County

WATERFORD Waterford Gov Off-Catherine St Co Waterford WATERFORD Waterford OPW Office Co Waterford NEW ROSS New Ross Fmr GS Co Wexford WEXFORD Wexford Gov Off — Anne Street Co Wexford

Consultancy Contracts 84. Deputy Micheál Martin asked the Taoiseach the public affairs, public relations and advertising contracts that have been advertised by his Department since he has taken office. [8594/11]

The Taoiseach: My Department has advertised no public affairs, public relations or advertising contracts since I have taken office.

Oireachtas Committees 85. Deputy Eoghan Murphy asked the Taoiseach his plans to establish a human rights committee as a stand-alone committee within the new Oireachtas committee system. [9015/11]

Minister of State at the Department of the Taoiseach (Deputy Paul Kehoe): I am currently preparing proposals for a Committee system for the 31st Dáil, for consideration by the Govern- ment. Once the Government has approved proposals, I will consult with the Opposition Whips in relation to them. In view of this, I am not in a position at present to comment on the detail of these proposals.

Ministerial Staff 86. Deputy Brendan Smith asked the Taoiseach the detail of all permanent Civil Service or non-established positions who are in place in his Department in relation to assisting Ministers with constituency work; the monthly salaries for these positions; and if any further appointments are envisaged. [9144/11]

The Taoiseach: The table below outlines all permanent civil service and non-established positions which are in place in my Department in relation to assisting me and the Ministers of State assigned to my Department with constituency work.

Constituency Office Grade Monthly Salary €

Taoiseach’s Constituency Office 1 Personal Assistant (non-established position) * (Castlebar) 1 Personal Assistant (non-established position) * Taoiseach’s Constituency Office 1 Personal Assistant (non-established position) * (Government Buildings) 1 Personal Secretary (non-established position) * 1 Executive Officer (permanent Civil Servant) 4,181 Government Chief Whip’s 1 Personal Secretary (non-established position) * Constituency Office (Enniscorthy) Government Chief Whip’s 1 Staff Officer (permanent Civil Servant) 3,544 Constituency Office (Government Buildings) *The terms and conditions of employment for the staff who work in the constituency offices at non-established positions are not yet finalised.

125 Questions— 3 May 2011. Written Answers

[The Taoiseach.]

The Minister of State for European Affairs has her constituency office located in Government Buildings. The staff consists of one Personal Secretary (non-established position) and two Cleri- cal Officers (permanent Civil Servants). All three staff are paid by the Department of Foreign Affairs. There is one clerical vacancy to be filled in my constituency office. The Government Chief Whip has one Personal Assistant vacancy yet to fill.

Ministerial Appointments 87. Deputy Brendan Smith asked the Taoiseach if he will list the details of all State appointments open to direct choice by him on 10 March 2011. [9158/11]

The Taoiseach: The new National Economic and Social Council was appointed on 20 January 2011 and its term of office is for 3 years. Its membership is made on the basis of nominations received from representatives of trade unions, business and employers, farmers’ organisations, environmental sector, community and voluntary sectors, key government departments and independent experts. No remuneration is payable for membership of the Council. I have yet to appoint the 8 independent members to the Council. National Statistics Board (NSB) On 10 March 2011 there was one vacancy on the National Statistics Board. There are 8 members on the Board — the Director of the CSO is an ex-officio member.

Programme for Government 88. Deputy Seán Ó Fearghaíl asked the Taoiseach if in view of his statement to Dáil Éireann that he has set specific targets for each Minister and Minister of State to deliver during the Government’s first 100 days in office, if he will provide details of these specific targets. [9516/11]

89. Deputy John McGuinness asked the Taoiseach the specific proposals in the programme for Government for which he is responsible; the target dates which he has agreed in relation to the delivery of these proposals; and if he will publish an implementation schedule. [9590/11]

The Taoiseach: I propose to take Questions Nos. 88 and 89 together. As I have previously indicated to the House, the Programme for Government was adopted by the Government at its first meeting as the framework for its work over coming years. It sets out the policies and initiatives to be progressed over the term of the Government to tackle the many and varied challenges facing the country. My Department will be supporting the implementation of the Programme as a whole and it will do this with a more explicit focus on its role as a Cabinet Office. The procedures to reflect the new focus are being developed and will be announced shortly. However, it is not my intention that the Department will exercise executive functions with regard to the Programme for Government generally. My Department will have specific responsibility in supporting the Chief Whip in advancing the Programme’s proposals for Dáil reform and setting in train the necessary legislation for a referendum to abolish the Seanad. As regards the Governments first 100 days, the Programme for Government specifies that the Government will produce a Jobs Initiative within the first 100 days. Work is well advanced

126 Questions— 3 May 2011. Written Answers on this initiative with policy plans being developed by multiple Departments and Ministers. Full details will be announced shortly. It should be noted that the Government has already made substantial progress in meeting its commitments under the Programme for Government. For example:

• the quarterly review mission under the EU/IMF Programme of Financial Support for Ireland has been successfully concluded. The mission assessed the Programme to be on track and that the targets in the Programme have been met, and agreed to changes to reflect provisions in the Programme for Government.

• following completion of the solvency stress tests, decisions on the recapitalisation of financial institutions have been made and a comprehensive strategy to reorganise and reform the domestic Irish banks has been adopted.

• an integrated decision-making structure for dealing with the financial crisis, in the shape of the Government Economic Management Committee, has been established.

• the Nyberg Report has been published and the Government has committed to holding a referendum before the end of the year to strengthen the powers of Dáil Committees to inquire into crucial issues of public concern, such as the banking crisis.

• Ministerial salaries have been reduced, as has the cost of Ministerial transport.

• legislation is being prepared on political donations and to enable the number of TDs to be reduced.

• the number of Dáil sitting days has been increased through sitting during St. Patrick’s week and shortening the Easter and summer breaks.

• the process of initiating a Comprehensive Spending Review has been initiated; and

• the Top-Level Appointments Committee is being revised so that its chairperson and the majority of its members are drawn from outside the public sector.

Parliamentary Questions 90. Deputy Richard Boyd Barrett asked the Taoiseach the areas of policy on which he will answer questions; and if he will make a statement on the matter. [9682/11]

91. Deputy Richard Boyd Barrett asked the Taoiseach the areas of social and economic policy on which he will answer questions; and if he will make a statement on the matter. [9683/11]

92. Deputy Richard Boyd Barrett asked the Taoiseach the areas of European affairs on which he will answer questions and if these include discussions, agreements and pacts with our EU partners and EU institutions; and if he will make a statement on the matter. [9684/11]

The Taoiseach: I propose to take Questions Nos. 90 to 92, inclusive, together. I am responsible to the Dáil for the general activities of my Department and parliamentary questions addressed to me must relate to public affairs connected with my Department, or to matters of administration for which I am officially responsible.

127 Questions— 3 May 2011. Written Answers

[The Taoiseach.]

However, there are specific activities undertaken by officials of my Department for which I do not have official responsibility e.g. decisions made in relation to freedom of information applications or matters concerning release of files under the National Archives Act. My responsibilities in relation to European Affairs include my participation in meetings of the European Council and other key European summits, as well as bilateral meetings and foreign visits. Questions relating to international agreements and pacts, including those with EU partners and institutions, generally fall for answer by the relevant Minister. I am also accountable to the Dáil in a limited way in respect of a number of State offices, for example, the legal offices of the State and the Central Statistics Office. By and large, I answer questions in the House in relation to matters of administration connected with those offices. Similarly, the nature of my responsibility to the House in respect of any Tribunal or Com- mission established “under the aegis” of my Department is confined primarily to the arrangements relating to their establishment and ongoing administration. The specific nature of my accountability in respect of my Department and those bodies operating within its policy area has long been established by precedent in each.

Official Engagements 93. Deputy Richard Boyd Barrett asked the Taoiseach if he will provide a schedule of all his forthcoming foreign engagements, meetings with foreign political leaders and meetings with EU representatives; and if he will make a statement on the matter. [9685/11]

The Taoiseach: I have met with representatives of the IMF on the following occasions: Wednesday 16 March 2011; and Tuesday 12 April 2011. As regards future meetings, none have been specifically scheduled but it would be reasonable to expect that I will meet with IMF representatives during their future review missions to Ireland under the EU/IMF Programme. Currently, quarterly review missions have been pro- visionally scheduled for:

• Mid-July 2011;

• Mid-October 2011; and

• Mid-January 2012.

It is likely that I will also attend the annual meeting of the IMF and the World Bank in Washington D.C., which takes place in the Autumn each year.

94. Deputy Richard Boyd Barrett asked the Taoiseach if he will be meeting with representatives of industry, business, trade unions and representatives of civil society to specifically discuss job creation and economic recovery; the persons he is scheduled to meet and the dates of the meetings; and if he will make a statement on the matter. [9686/11]

The Taoiseach: As I indicated in my reply in the Dáil on 30 March, I intend to meet with the representative groups of social partnership in due course to outline the Government’s approach to dealing with our current economic challenges and to explore how their activities can enhance economic and social progress. These meetings have not yet been scheduled.

128 Questions— 3 May 2011. Written Answers

The Government values dialogue with the social partners, whether within the framework of a formal agreement or otherwise, and recognises the contribution that social dialogue can make to maximising common understanding across all sectors of society as we respond to the many challenges facing the country.

Foreign Conflicts 95. Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs in view of the fact that the new Santos administration in Colombia has shown itself to be open to pursuing a peace process in Colombia if he will propose that the UN appoint a special adviser on Colombia with experience in peace processes in other parts of the world, in order to support and advise the Colombian Government in the development of a peace process. [9017/11]

Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): The Government of Colombia has repeatedly stated its determination to bring an end to violence in Colombia within the framework of the Justice and Peace Law, which provides an overall legal framework for the demobilisation, disarmament and reintegration of illegal armed groups into Colombian society. Since 2004, the Organization of American States (OAS) Mission to Support the Peace Process in Colombia has provided verification and advisory support to Colombia on this process and has supported peace efforts undertaken by Colombian institutions and communities. Ireland is fully supportive of efforts to bring a peaceful resolution to the conflict in Colombia, and to that end, has provided significant financial support to the OAS Mission to Support the Peace Process in Colombia, including a grant of €100,000 in May 2010. In order to succeed, a peace process in Colombia must tackle the various social and economic elements underlying the conflict. Our approach, and that of the UN and the EU, is to assist and influence the Colombian Government in a manner that results in economic and social development while progressively improving human rights standards. In his inauguration speech on 7 August 2010, President Santos set out clearly the conditions for the opening of dialogue with illegal armed groups, including the FARC, namely the renunci- ation of the use of violence and terrorist acts; the unconditional release of all hostages, the release (and no further recruitment) of child-soldiers; and an end to the laying of antipersonnel mines. However, the FARC continue to carry out kidnappings and attacks, including the shoot- ing dead of two Colombian soldiers as recently as 22 April. In light of the developments I have outlined above, I do not consider it appropriate to seek the appointment of an UN official to advise the Government of Colombia on the development of a peace process in that country. The Government will continue to monitor the situation in Colombia through our Embassy in Mexico City, which is accredited to Colombia, as well as in cooperation with our EU partners with resident diplomatic missions in that country.

Passport Applications 96. Deputy Terence Flanagan asked the Tánaiste and Minister for Foreign Affairs the position regarding an Irish passport in respect of a person (details supplied) in Dublin 13; and if he will make a statement on the matter. [9085/11]

Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): The Passport Service has no record of a passport application for the person concerned.

Ministerial Staff 97. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs the detail of

129 Questions— 3 May 2011. Written Answers

[Deputy Brendan Smith.] all permanent Civil Service or non-established positions which are in place in his Department in relation to assisting Ministers with constituency work; the monthly salaries for these positions; and if any further appointments are envisaged. [9140/11]

Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): The following are the intended staffing arrangements and associated monthly salary costs by grade for my constituency office and those of Ministers of State O’Sullivan and Creighton. These arrangements are in line with the Government’s decision of 15 March 2011 to reduce maximum permitted constituency office staffing levels for Ministers of the Government and Ministers of State. Clerical Officers are established Civil Servants. Personal Assistants and Personal Secretaries occupy non-established posts.

Tánaiste and Minister for Foreign Affairs and Trade

Number/Grade Average monthly salaryby grade

€

1 Personal Assistant 4,157 1 Personal Secretary 2,982 2 Clerical Officers 2,314 Standard Scale 2,522 PPC Scale

Minister of State for Trade and Development

Number/Grade Average monthly salaryby grade

€

1 Personal Assistant 4,157 1 Personal Secretary 2,982 1 Clerical Officer 2,314 Standard Scale 2,522 PPC Scale

Minister of State for European Affairs

Number/Grade Average monthly salaryby grade

€

1 Personal Secretary 2,982 2 Clerical Officers 2,314 Standard Scale 2,522 PPC Scale

Personal Pension Contribution (PPC) scales apply to officers employed since 6 April 1995 who pay the Class A rate of PRSI and also make a personal pension contribution.

Ministerial Appointments 98. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs if he will list the details of all State appointments open to direct choice by him on 10 March 2011. [9154/11] 130 Questions— 3 May 2011. Written Answers

Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): There are four bodies operating under the aegis of my Department to which I make appointments as the Minister for Foreign Affairs and Trade. These are: the Ireland-United States Commission for Educational Exchange (the Fulbright Commission); the Development Education Advisory Committee, the Irish Aid Expert Advisory Group, and the Emigrant Services Advisory Committee.

The Fulbright Commission, while not a State body, was established on a statutory basis in 1991. The Minister for Foreign Affairs has certain specific statutory responsibilities in respect of the Commission, including the appointment of four of its eight member Board for a two- year period. In October 2010, the then Minister appointed three members to the Board. The fourth board member’s term expires shortly.

The Government’s Emigrant Services Advisory Committee was set up in 1984 to advise the Government on the welfare of the Irish community in Britain. The Committee has a membership of twelve persons. The Chair and Secretary are both officers of the Embassy in London, while the ten other Committee members serve in a voluntary capacity. Following the expiration of the term of the previous Committee on 31 December 2010, I appointed the ten voluntary members to the Committee on 11 April 2011, in consultation with Embassy London and the Irish Abroad Unit in my Department.

The Development Education Advisory Committee (DEAC) was established in 2003 following the recommendations of the Ireland Aid Review Committee. It has ten members, eight of whom are appointed directly by the Minister for Foreign Affairs and two appointed on the nomination of other bodies. Its purpose is to advise the Minister, Minister of State and Irish Aid on policy regarding development education. In April 2010 the membership of the Committee was renewed by the then Minister for a further two-year term.

Acting on a recommendation contained in the Irish Aid Management Review adopted by the Government in 2009, an Irish Aid Expert Advisory Group (IAEAG) was established in 2010. The Group consists of seven members, six of whom are appointed directly by the Minister for Foreign Affairs and one on the nomination of another body. The role of the Group is to offer independent expert advice to the Minister and Minister of State on the strategic direction of the aid programme. Members of the Advisory Group were appointed by the then Minister in July 2010 for a three year term.

Military Neutrality 99. Deputy Eoghan Murphy asked the Tánaiste and Minister for Foreign Affairs his understanding of the concept of military neutrality; the way this differs from neutrality and the extent to which both these concepts must evolve in relation to our membership of the European Union post entry in to force of the Lisbon treaty. [9529/11]

Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): In the strict sense of international law and practice, the question of neutrality does not arise during peacetime but only during a state of war, when the neutrality of a state would be embodied in an attitude of impartiality towards the belligerents. Ireland is one of a number of States which proclaims to pursue a policy of neutrality or non-alignment in peacetime. It is a matter for each of these States to determine the nature and characteristics of its policies. Ireland’s traditional policy of military neutrality, which has been pursued by successive Governments, is characterised by non-participation in military alliances.

131 Questions— 3 May 2011. Written Answers

[Deputy Eamon Gilmore.]

This is not a policy of isolationism and is fully consistent with Ireland’s foreign policy of active international engagement. The values on which our traditional policy of military neutrality rests inform Ireland’s broader foreign policy, including through our participation in international peacekeeping, our contributions to conflict resolution and peacebuilding, our work for human rights and development, and our efforts to promote disarmament and the elimination of weapons of mass destruction. Indeed, it is these very same values which have underpinned and motivated Ireland’s long and distinguished record of support for and participation in military operations sanctioned by the United Nations Security Council in the cause of international peace and security. The EU’s Common Security and Defence Policy (CSDP), as set out in the Lisbon Treaty, is an integral part and operational arm of the Union’s Common Foreign and Security Policy (CFSP). The CSDP is entirely consistent with Ireland’s values and interests, including the primacy of the United Nations in the maintenance of global peace and security. While the CSDP is an evolving process directed towards the achievement of ever-greater effectiveness, successive Treaties since the Maastricht Treaty have stipulated that Union policy in this area shall not prejudice the specific character of the security and defence policy of certain member States. Ireland’s participation in a European common defence is prohibited by Article 29.4.9 of the Constitution. Any change in that position could take place only with the approval of the people in a referendum to amend the Constitution.

Programme for Government 100. Deputy John McGuinness asked the Tánaiste and Minister for Foreign Affairs the specific proposals in the programme for Government for which he is responsible; the target dates which he has agreed in relation to the delivery of these proposals; and if he will publish an implementation schedule. [9586/11]

Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): The Programme for Government contains a number of proposals that are wholly or partly the responsibility of the Department of Foreign Affairs. These include proposals related to repairing Ireland’s reputation in the EU and the wider international community; Ireland’s Overseas Development Aid programme and its review; matters relating to Northern Ireland; and consideration of the transfer of the passport service to the Department of Justice. Details on how these proposals are being addressed are outlined below. While the majority of the proposals will span the lifetime of the Programme, where target dates are applicable these have been included. The Programme for Government contains an explicit commitment to restore Ireland’s standing as a respected and influential member of the European Union and the wider international community. This work is already underway and implies the need for a broad effort, across Govern- ment and administration, of engagement with EU institutions and with EU partners bilaterally, as well as with our international partners. At Government level, Ministers have been availing, in particular, of opportunities to meet their EU colleagues and with representatives of the European institutions. These efforts will intensify in the coming months. The channels open to us through membership of wider Euro- pean-level political groupings are also being exploited. I have availed of meetings of EU Foreign Ministers to meet High Representative Ashton and to establish personal contacts with my EU colleagues. Similarly my colleague, Minister of State Creighton has availed of visits to Brussels and Luxembourg to meet representatives of

132 Questions— 3 May 2011. Written Answers the institutions and her counterparts. Over the months ahead we will continue to maximise all opportunities arising from our presence at the scheduled meetings of the Council of Ministers to arrange bilateral exchanges with key interlocutors, both among the member States and in the institutions and bodies including the Commission, European Parliament and European External Action Service. On 19 April I invited EU Ambassadors to Iveagh House to set out the Government’s analysis of the economic situation facing the country, seek the understanding and support of partners for our course of action, and also to underline the desire of the Government to engage construc- tively and more widely on the range of issues on the European agenda. I will be meeting non- EU Ambassadors later this week. The Irish embassy network plays a crucial part in the process of national recovery. Irish embassies are tasked on the one hand with transmitting the Government’s economic message, and the context for it, to key decision-makers in the EU and beyond; on the other hand they provide vital insights on the views and policies of partners. I have called a conference of all Irish Ambassadors to be held on 1 and 2 June in Dublin, which will have an emphasis on economic and commercial themes, both in an EU and wider international context. The conference is being organised in conjunction with the main State Agencies in the economic and trade promotion sector. Embassies are already actively engaged in emerging markets, and in the BRIC countries in particular, in-line with the current Strategy for Trade, Tourism and Innovation. Embassies and State Agencies in these countries have detailed market plans and are actively pursuing specific targets. This effort will be strengthened with the transfer of responsibilities for foreign trade promotion to my Department. Discussions between officials regarding the practical arrangements for the transfer are well advanced and it is anticipated that they will be completed shortly. In recognition of the important role the Global Irish Network can play in our economic recovery, I wrote to all members of the Network on 20 April drawing their attention to the priorities set out in the Programme for Government. My letter acknowledged the contribution made by network members in assisting Embassies and State Agencies in the trade and economic area, and indicated that I would be interested in any specific proposals which members may have which would facilitate job creation in Ireland or would enhance the export potential of our indigenous companies. In relation to overseas development assistance, we have made a commitment to review the 2006 White Paper on Irish Aid. I expect that the review will be carried out over the coming year. It will involve consultation with the public and with all interested parties, and will take account of the achievements of the aid programme to date and the changes in the national and international context since 2006. With regard to the proposal to unite NGOs providing humanitarian aid, officials from my Department have already met representatives of Irish-based humanitarian NGOs to discuss the proposal to establish a disaster and emergency committee in Ireland. We have also begun discussions with the Irish development NGOs regarding opportunities for job seekers to share their skills in developing countries. The Programme for Government states clearly our commitment to the 0.7% GNP target and to seeking to achieve it by 2015. This is in line with the long-standing UN target for Official Development Assistance, and with the commitment of the European Union. It is clear that, in current circumstances, this will be a challenging target to meet. However, the Government was elected to face up to the challenges of rebuilding our society and our economy, of restoring

133 Questions— 3 May 2011. Written Answers

[Deputy Eamon Gilmore.] economic growth and our international reputation. I believe that we can do this without undermining our work to improve the lives of some of the world’s poorest people. Minister of State O’Sullivan recently met representatives of Shannon Airport to discuss the proposal that it be made a hub for the storage and distribution of emergency humanitarian supplies. We will continue to discuss the issues involved with Shannon Airport and to facilitate contact between Shannon and the relevant international humanitarian agencies as the proposal is further advanced in the months ahead. As Minister for Foreign Affairs and Trade, I also have responsibility for leading on implementation of the Northern Ireland sections of the Programme for Government. The Govern- ment looks forward to working with the new Northern Ireland Executive and Assembly, following its election in the coming weeks, to advance progress on the full implementation of all Agreements and to drive forward the North-South agenda. We will have an early opportunity to take forward this important agenda at the first meeting of the North South Ministerial Council with the new Executive scheduled for 10 June. Lastly, with regard to the possible transfer of the Passport Service to the Department of Justice to operate as an Independent Executive Agency under the aegis of that Department, officials in my Department are currently examining the issues associated with this commitment and I expect to take a position on this matter within the coming months.

Passport Applications 101. Deputy John Lyons asked the Tánaiste and Minister for Foreign Affairs the position regarding the renewal of a passport in respect of a person (details supplied). [9782/11]

Tánaiste and Minister for Foreign Affairs (Deputy Eamon Gilmore): The passport application was submitted at the end of January through the ordinary post, rather than the recommended Passport Express Service operated by An Post. When examined the photographs supplied did not meet the Passport Service photo guidelines, which are based on internationally accepted standards. The Passport Service wrote to the applicant requesting new photographs, which have been received. I can confirm that the passport application was approved on 28 April and the passport has now issued to the applicant.

Motor Taxation 102. Deputy Mary Mitchell O’Connor asked the Minister for Finance if he will consider including road tax in the price of fuel in order to ensure that those who drive more pay more and bearing in mind the environmental benefits and the opportunity for better use of Garda time by removing the need to check tax discs and oversee the prosecution of those not in possession of same; and if he will make a statement on the matter. [9031/11]

Minister for Finance (Deputy Michael Noonan): The Deputy’s proposal favours tax revenue being solely based on usage of a car, through fuel consumption, rather than ownership upon which motor tax is determined. This is often argued as the most favourable option from an environmental perspective as it embraces the ‘polluter pays principle’. In an Irish context motor tax revenue is allocated to local authorities so this complicates the proposal somewhat. In addition, motor tax (and VRT) have been reformed in recent years in order to stimulate interest in low emission cars which in turn has led to enhanced sales of more fuel efficient vehicles. This development has been welcomed by both motorists and the motor trade. Conse- quently it would seem premature to effectively reverse this significant policy change at this

134 Questions— 3 May 2011. Written Answers early juncture. Furthermore, replacing the revenue collected from motor tax would require a significant increase in excise duty on petrol and auto-diesel.

Illicit Trade in Tobacco Products 103. Deputy Brendan Griffin asked the Minister for Finance his plans to tackle the problem of the counterfeit tobacco trade here; and if he will make a statement on the matter. [9242/11]

Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commis- sioners, who are responsible for the collection of tobacco products tax and for tackling the illicit trade in cigarettes and tobacco products, that Revenue employs a multi-faceted strategy to deal with the problem of such illicit trade. This enforcement approach does not by its nature differentiate between counterfeit tobacco product and contraband product on which duty has not been paid in the State. The strategy involves ongoing analysis of the nature and extent of the problem, developing and sharing intelligence on a national, EU and international basis and ongoing review of operational policies. It also includes the development of analytics and detection technologies and the optimum deployment of resources at points of importation and inland in order to intercept illicit product and to prosecute those involved. Revenue enforcement officers are deployed at all key ports and airports. Personnel deployed at these locations are regularly supported by additional staff from other areas when specific operations are taking place. Interception at the point of importation is achieved through a combination of risk analysis, profiling, intelligence, and the screening of cargo, vehicles, baggage and postal packages. Revenue enforcement officers also target this illicit trade at post-importation level by carrying out intelligence-based operations as well as random checks at retail outlets, markets and private and commercial premises. Revenue and an Garda Síochána also carry out regular multi- agency operations, particularly in relation to large maritime importations and in checks at inland markets. In July of last year Revenue launched a nationwide tobacco operation, which concentrated additional Revenue resources at ports, airports and at various retail points for the purpose of identifying illicit tobacco products. This resulted in 561 seizures totalling 13.7m cigarettes and 195 kgs tobacco in the course of the two-week period of the operation. Two subsequent 3-day operations during 2010 resulted in the seizure of over 1.76m cigarettes and 175 kgs of tobacco. In two similar operations carried out in 2011, a total of 580 seizures were made, comprising 7.4m cigarettes and 167kgs tobacco. The Revenue Commissioners have established a high level internal group, chaired at Com- missioner level, to examine the risks related to tobacco products tax and to oversee and optimise the detection of counterfeit and contraband tobacco products. This group has promoted a number of initiatives aimed at counteracting the illicit trade in tobacco. These include improved profiling of passengers and freight to identify tobacco smugglers and the establishment of a confidential tobacco hotline via which members of the public and the retail trade may report illicit trade. It also co-ordinates national blitz-style operations. In terms of detection equipment, a second mobile X-ray container scanner, to augment the one first deployed in 2006, was commissioned by Revenue in January 2010 and is now fully operational. Smaller baggage/parcel scanners are deployed at all major ports, airports and postal depots. In addition to the X-ray equipment, Revenue also uses a tobacco detection dog. This strategy has resulted in the seizure of a total of 178.3m cigarettes (111m of which were determined to be counterfeit) with a retail value of approximately €75.3m and 3,369 kgs of

135 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] tobacco with a retail value of approximately €1.2m during the period January to December 2010. In addition, during the period January to March 2011, a total of 29.7m cigarettes (19.5m of which were counterfeit) and 818 kgs tobacco were seized by Revenue.

Official Engagements 104. Deputy Richard Boyd Barrett asked the Minister for Finance if he will provide a schedule of all his meetings with International Monetary Fund representatives; and if he will make a statement on the matter. [9685/11]

Minister for Finance (Deputy Michael Noonan): I have met with representatives of the IMF on the following occasions: Wednesday 16 March 2011; and Tuesday 12 April 2011. As regards future meetings, none have been specifically scheduled but it would be reasonable to expect that I will meet with IMF representatives during their future review missions to Ireland under the EU/IMF Programme. Currently, quarterly review missions have been pro- visionally scheduled for:

• Mid-July 2011;

• Mid-October 2011; and

• Mid-January 2012.

It is likely that I will also attend the annual meeting of the IMF and the World Bank in Washington D.C., which takes place in the Autumn each year.

State Agencies 105. Deputy Richard Boyd Barrett asked the Minister for Finance if he has any responsibility vis-à-vis State and State sponsored bodies to ensure their accountability to both Government and the public; and if he will make a statement on the matter. [9687/11]

Minister for Finance (Deputy Michael Noonan): The Government is committed to ensuring that State agencies are accountable to the Government, the Oireachtas and the public. As the Deputy may be aware, the Programme for Government sets out a number of reforms that will be undertaken in this area. These include issues such as appointments to State boards, the role of boards, the extension of the Parliamentary Question system, the introduction of a requirement that chief executives attend the relevant Oireachtas committee on a regular basis to answer questions, and the extension of the provisions of the Freedom of Information Acts. The Annual Output Statements were introduced in 2007 to provide a means of setting out information on the performance of organizations, alongside the presentation of their financial resource requirements in the annual Estimates process. The Government Programme includes a commitment to improve upon these processes and to sharpen the focus upon performance and accountability. It is not enough for organisations and State agencies to be transparent about what they are spending; the public are entitled to know what they are delivering, and this is what the Government is determined to bring about. I will be developing models for progressing this aspect of the reform agenda in the near future with a view to early implementation. In terms of financial accountability, many of the non-commercial state bodies are accountable, on a legislative basis, to the Public Accounts Committee. In addition, the Orders of

136 Questions— 3 May 2011. Written Answers

Reference from Dáil Éireann have given the Public Accounts Committee powers to “send for persons, papers and records”, which gives the Committee considerable scope to enquire in detail into public spending and related matters of public interest. In the case of agencies with no specific legislative requirements for accountability to the Dáil, any amendment of legislation would be a policy matter for the relevant Ministers in the first instance. I will, however, keep the matter under review and would generally agree that, as legislation relating to individual State agencies is renewed, the question of formally designating CEOs as accountable persons to the Dáil should be considered.

Departmental Staff 106. Deputy Michael McGrath asked the Minister for Finance if he will provide details of all the senior civil servant posts that will not fall under the remit of the Top Level Appointments Committee; the rationale for excluding such posts from the committee; and if he will make a statement on the matter. [9743/11]

Minister for Finance (Deputy Michael Noonan): The following senior civil service posts are filled by the Government and do not come within the TLAC arrangements:

• Secretary General to the Government and of Department of the Taoiseach;

• Secretary General, Department of Finance;

• Secretary General, Department of Public Expenditure and Reform;

• Secretary General, Department of Foreign Affairs;

• Secretary General to the President;

• Chairman, Office of the Revenue Commissioners.

Because of the particular characteristics of these posts it is considered that the Government should have full discretion in deciding who to appoint to them and not be confined to a short list drawn up by the Top Level Appointments Committee. This has been the approach adopted by Government since the establishment of the TLAC in 1984.

Tax Code 107. Deputy Clare Daly asked the Minister for Finance his views on the retention of the VAT exempt status of printed books; his plans to abolish the VAT rate on e-books; and if he will make a statement on the matter. [9769/11]

Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners that the VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. In so far as the supply of printed matter is concerned, three different rates may apply. The general position is that books are zero-rated, newspapers and periodicals are subject to VAT at the reduced rate (currently 13.5%) and stationery and other printed matter are liable at the standard rate (currently 21%). The zero rate applies to printed books, including atlases, children’s picture, drawing and colouring books and books of music. The reduced rate applies to newspapers and periodicals, including sectoral publications (sports, fashion, etc.), holiday brochures, prospectuses, catalogues and maps. The standard rate applies to a wide range of printed goods, including stationery, calendars, greeting cards, diaries, year- books and posters. Under the EU VAT Directive, all digitised publications, regardless of their rate when printed (for example, a book liable at zero rate), are treated as the supply of a

137 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] service liable at the standard rate of VAT. E-books, online newspaper subscriptions and online information services purchased via download over the Internet are also considered the supply of services liable for VAT at the standard rate. The EU position is that digital information services are not the direct equivalent of traditional printed products, including books. Even where the content is similar, the additional functionality (e.g. search facilities, hyperlinks, archives etc) associated with electronic content produces a fundamentally different product.

Local Authority Charges 108. Deputy Clare Daly asked the Minister for Finance the way he will deal with the implementation of the new rateable valuation system for calculating local authority rates. [9770/11]

Minister for Finance (Deputy Michael Noonan): The Valuation Act 2001 which came into effect on 2nd May, 2002, provides for the revaluation of all commercial and industrial property. The Commissioner of Valuation has sole responsibility for all valuation matters under the Valuation Act 2001, which includes the implementation of the revaluation programme on a nationwide basis. The revaluation programme began in November 2005 in the South Dublin County Council area and has since been rolled out to the areas covered by Fingal and Dún Laoghaire-Rathdown County Councils. The revaluation of South Dublin was completed in December 2007, Fingal was completed in 2009 and Dún Laoghaire- Rathdown was completed in 2010. In the next phase, the revaluation of the Dublin City Council area will commence with the signing of the valuation order on 5th May, 2011. This will entail the valuation of circa 25,000 properties and the new list will be published in December 2013. It is intended to roll out the programme to further local authority areas later in 2011 and the necessary process of consultation, as provided for under the Act, is underway with the local authorities of Waterford, i.e. Waterford City and County Council and Dungarvan Town Council. Preliminary work is also underway on the revaluation of Limerick City. The Commissioner is actively reviewing options which might hold potential for accelerating the delivery of the revaluation programme within a shorter timeframe. My officials are also reviewing various provisions of the Valuation Act, such as streamlining the appeals process, to see if greater efficiencies can be achieved.

National Anthem 109. Deputy Maureen O’Sullivan asked the Minister for Finance if the copyright to the National Anthem expires on 31 December 2012; and if the State holds the copyright to the various Irish language translations that have been made since 1917. [9874/11]

110. Deputy Maureen O’Sullivan asked the Minister for Finance his views on the fact that the currently used translation of the Soldiers Song by Peadar Kearney has explicit party political connotations; and if he will make a statement on the matter. [9875/11]

Minister for Finance (Deputy Michael Noonan): I propose to answer Questions Nos. 109 and 110 together. In response to the Deputy’s question, my Department holds the copyright in the National Anthem. The principal reasons for holding the copyright are to ensure that it is freely available, to prescribe that performance fees are not to be charged or collected in respect of the use of the National Anthem, and to ensure that it is not used in an inappropriate context and without due deference, such as to render it an object of scorn or derision.

138 Questions— 3 May 2011. Written Answers

Statutory Instrument No. 158 of 1995 European Communities (Term of Protection of Copyright) Regulations provided for the extension of the term of protection of literary, dramatic and artistic works to the lifetime of the author and a period of 70 years after the author’s death irrespective of the date when the work is published or otherwise lawfully made available to the public’’. As Peadar Kearney’s death took place in November 1942 copyright on the national anthem will expire in December 2012. The state does not hold copyright in respect of the various Irish language translations that have been made since 1917. I am however satisfied that the current version of the National Anthem as published on the Department of the Taoiseach’s website is the appropriate and correct interpretation of the words as composed by Peadar Kearney.

Question No. 111 answered with Question No. 67.

Fiscal Policy 112. Deputy Michael McGrath asked the Minister for Finance in view of the downward growth forecasts for the economy here, if the required fiscal adjustment for 2012 remains at €3.6 billion in accordance with the EU-International Monetary Fund programme or if it has been adjusted to reflect the less optimistic growth predictions. [9752/11]

Minister for Finance (Deputy Michael Noonan): The Stability Programme Update submitted to the European Commission and published on my Department’s website on Friday last, 29th April forecasts the 2012 General Government deficit at 8.6% of GDP. This forecast is based on the implementation of a budgetary adjustment of €3.6 billion in 2012. This is consistent with the Joint EU/IMF Programme of Financial Support for Ireland and is in accordance with this Government’s commitment to adhere to the aggregate budgetary adjustment for the combined period 2011/2012, as set out in that Programme. This updated forecast of the 2012 General Government deficit is somewhat higher than the Budget 2011 forecast for 2012, reflecting the cost of additional borrowing associated with the banking recapitalisations announced in March, the weaker economic outlook and its impact on potential tax revenue generation. However, the forecast 2012 General Government deficit is within the terms of the revised EDP Recommendation issued by the ECOFIN Council in December 2010. The 2012 General Government deficit forecast will of course be subject to further revision later this year as more up-to-date economic and fiscal data become available. Taking into account all information — both positive and negative — I will then bring forward my Budget for 2012 in December as is the norm. At this point, I see no reason to change the aggregate amount of consolidation needed.

Banking Sector Regulation 113. Deputy Shane Ross asked the Minister for Finance if he is satisfied with the decision of AIB public interest directors to approve the payment of a €3 million compensation package to the last chief executive (details supplied) of AIB; if he intends to support their continuation in office; and when he intends to make further appointments to the boards of banks. [9900/11]

Minister for Finance (Deputy Michael Noonan): The Taoiseach has already made clear to the House the Government’s very serious concerns regarding the payments made to the former Managing Director of the bank, particularly in light of the huge commitment of public resources made to support the bank and the public interest obligations which arise from that support. My officials are investigating a number of issues relating to the circumstances in which these

139 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] payments were approved by the Board and made to the Managing Director. The Deputy will, I hope, appreciate that in order to ensure that these investigations are not prejudiced in any way I do not wish to say anything further on these matters at this stage. However, I will of course advise the House of the findings of this process in due course. I also wish to advise the Deputy that following a request from my Department the National Treasury Management Agency, which has legal responsibility for managing the State’s shareholder relationship with the banks, has recently written to all the covered institutions in requesting that they undertake a review of remuneration practice, that they have further discussion with the Department of Finance ahead of any commitment to additional redundancy payments, and that the bank does not commit to further termination payments until after the review is completed. An analysis of severance entitlements has also been requested. In addition, the Deputy will be aware that in my statement on the Nyberg Report in this House on 20 April 2011, I set out a number of measures designed to strengthen Bank boards and bank management. These measures provide that the Chairman of each institution provides me and the NTMA with a Board Renewal Plan. Each institution will also be asked to provide a Management Renewal Plan. The Board Renewal Plan will set out for each institution the steps to ensure that the skills and competence levels of board members are fully adequate to meet the demands of the current and future banking system. In this regard, a programme of rotation of board members, commencing with board members appointed before September 2008, will be expected to be part of the plan. This will provide for a smooth process which will ensure the succession of incumbent board members who were in place before September 2008. I expect this succession to be completed by 2012. Finally, my Department recently placed advertisements in the national papers seeking expressions of interest from suitably qualified persons for inclusion among those to be appointed or nominated to Boards of Directors of Banks. This gives all persons who are interested in and qualified to act as Directors the opportunity to advise me of their interest. The advertising for expressions of interest should ensure a high calibre field from which Direc- tors may be chosen and makes the process more open and transparent. It is part of the commitments given in the Programme for Government to re-structure bank boards and replace directors who presided over failed lending practices. The closing date for receipt of expressions of interest is Thursday 12 May.

Tax Code 114. Deputy Patrick O’Donovan asked the Minister for Finance the position regarding an application for a refund of stamp duty lodged in respect of a person (details supplied) in accordance with the stamp duty exemption to young trained farmers scheme during 2010. [9019/11]

Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners that on 27 April 2011 they last contacted the representative in this case requesting a correctly completed return. Following receipt of the return, the application for the refund will be considered.

115. Deputy John Lyons asked the Minister for Finance the position regarding an application for a reassessment of tax in respect of a person (details supplied) in County Kildare. [9023/11]

Minister for Finance (Deputy Michael Noonan): I have been advised by the Revenue Com- missioners that they have received correspondence recently from the person concerned in relation to this matter. A PAYE Balancing Statement (P21) for the year 2010 will issue to the person concerned shortly.

140 Questions— 3 May 2011. Written Answers

An tSeirbhís Phoiblí 116. D’fhiafraigh Deputy Éamon Ó Cuív den Aire Airgeadais cé mhéid airgid a shábhálfadh an Státdá laghdófaí tuarastal chuile dhuine sa tseirbhís phoiblí atá ag saothrú níos mó ná €80,000 de 10%; agus an ndéanfaidh sé ráiteas ina thaobh. [9101/11]

117. D’fhiafraigh Deputy Éamon Ó Cuív den Aire Airgeadais cé mhéid airgid a shábhálfadh an Státdá laghdófaí tuarastal chuile dhuine sa tseirbhís phoiblí atá ag saothrú níos mó ná €100,000 de 10%; agus an ndéanfaidh sé ráiteas ina thaobh. [9102/11]

118. D’fhiafraigh Deputy Éamon Ó Cuív den Aire Airgeadais cé mhéid airgid a shábhálfadh an Státdá laghdófaí tuarastal chuile dhuine sa tseirbhís phoiblí atá ag saothrú níos mó ná €110,000 de 10%; agus an ndéanfaidh sé ráiteas ina thaobh. [9103/11]

119. D’fhiafraigh Deputy Éamon Ó Cuív den Aire Airgeadais cé mhéid airgid a shábhálfadh an Státdá laghdófaí tuarastal chuile dhuine sa tseirbhís phoiblí atá ag saothrú níos mó ná €150,000 de 10%; agus an ndéanfaidh sé ráiteas ina thaobh. [9104/11]

120. D’fhiafraigh Deputy Éamon Ó Cuív den Aire Airgeadais cé mhéid airgid a shábhálfadh an Státdá laghdófaí tuarastal chuile dhuine sa tseirbhís phoiblí atá ag saothrú níos mó ná €200,000 de 10%; agus an ndéanfaidh sé ráiteas ina thaobh. [9105/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 116 to 120, inclusive, together. Cheana féin, in 2009 agus 2010, tá laghdú shubstaintiúil gearrtha ar phá Sheirbhísigh Phoiblí. Mar a d’iarr an Teachta tugtar anseo thíos, an coigilteas measta de bharr laghdú de 10% a ghearradh ar thuarastail atá níos airde ná an táirseach tuarastail.

Coigilteas de bharr laghdú de 10% i leith Seirbhísigh Phoiblí, ar theact isteach ós cionn:

Meastachán

2009 2010

€€m

200,000 1.4 150,000 49 110,000 62 100,000 97 80,000 213

FaoíngCómhaontú PS 2010-2014, tá an Rialtas tiomanta nach gcuirfear aon laghdú breise ar phá sa tSeirbhís Phoiblí i bhfeidhm, a fhad a dhéanfar na gealltanas um athruithe, atá luaite sa Chómhaontú, a chomhlíonadh.

Tax Reliefs 121. Deputy Finian McGrath asked the Minister for Finance the position regarding tax credits in respect of a person (details supplied) in Dublin 9. [9110/11]

Minister for Finance (Deputy Michael Noonan): I have been advised by the Revenue Com- missioners that they have been in touch with the individual concerned with a view to facilitating his claim for additional relief due in respect of increased bin charges since 2007. 141 Questions— 3 May 2011. Written Answers

Departmental Properties 122. Deputy Brian Stanley asked the Minister for Finance the premises the State is renting or leasing in each of the Twenty-six Counties for each Department; the amount of rent paid for each premises; if the premises are occupied; if not, the period they are vacant; the cost of unoccupied premises to date; if the premises are subject to an upward only rent review; and if he will make a statement on the matter. [9114/11]

Minister of State at the Department of Finance (Deputy Brian Hayes): The Office of Public Works, based on current indicative information, rents 332 buildings for the purposes of providing office accommodation for various Government Departments throughout the 26 counties. This involves a stock of some 396 leases, which involve part or whole building, with certain buildings attracting multiple leases. 140 of these leases are subject to an “Upward Only” rent review clause. OPW is currently collating information on vacant space and this information will be forwarded to the deputy when the details are available. The following table schedules this information including County, Location, Building Name, Rent per Annum and an “Upward Only” rent review identifier.

County Location Building Name Rent PA Upward Rent RVW €

CARLOW CARLOW Carlow Education Office 27,500.00 CARLOW CARLOW Carlow Government Office Church 37,500.00 Street CARLOW CARLOW Carlow Probation & Welfare 18,030.28 Service CARLOW CARLOW Carlow Temporary 69,436.00 Y Decentralisation Office (D/ETE) CARLOW CARLOW Carlow Vehicle Registration Office 60,967.50 CAVAN BAILIEBOROUGH Bailieboro SWO 13,250.00 CAVAN CAVAN Cavan Driver Testing Centre 20,500.00 CAVAN CAVAN Cavan Government Office Elm 38,750.25 House CAVAN CAVAN Cavan Government Office Elm 18,958.50 House CAVAN CAVAN Cavan Government Office Elm 21,312.55 House CAVAN CAVAN Cavan Government Office Elm 34,188.00 House CAVAN CAVAN Cavan Government Office Elm 29,920.00 House CAVAN CAVAN Cavan Government Office 122,200.00 Newcourt Shop Centre CLARE ENNIS Ennis Education Office 50,000.00 CLARE ENNIS Ennis Education Office 50,000.00 CLARE ENNIS Ennis Justice Welfare 13,205.28 CLARE KILRUSH Kilrush Decentralised Revenue 85,050.00 Y Office. CLARE KILRUSH Kilrush SWO 1,650.66 CLARE SHANNON Shannon Driving Test Centre 4,950.00 CLARE SHANNON Westpark Business Campus Build 32,480.00 4000

142 Questions— 3 May 2011. Written Answers

County Location Building Name Rent PA Upward Rent RVW € CORK BANDON Bandon School Inspectors Office 26,750.00 CORK BANDON Bandon SWO 15,300.00 CORK BANTRY Bantry Customs and Excise 28,000.00 CORK BANTRY Bantry SWO-6MainStreet 5,000.00 CORK BANTRY Bantry SWO-7MainStrret 24,000.00 Y CORK CARRIGALINE Carrigaline DSFA Office 103,940.00 Y CORK CASTLETOWNBERE Castletownbere SWO 12,220.00 CORK CLONAKILTY Clonakilty SWO 9,500.00 CORK CORK Cork Airport CSO 2,295.00 CORK CORK Cork Customs & Excise Centre 48,000.00 Y Park House CORK CORK Cork Customs & Excise Centre 110,000.00 Y Park House CORK CORK Cork Customs & Excise Centre 43,940.00 Y Park House CORK CORK Cork Education Office 240,000.00 CORK CORK Cork Environment Office 76,773.52 Y CORK CORK Cork Government Office Connolly 17,000.00 Hall CORK CORK Cork Government Office Connolly 28,000.00 Hall CORK CORK Cork Government Office 321,500.00 Hibernian House CORK CORK Cork Government Office 21,000.00 Hibernian House CORK CORK Cork Government Office 20,677.48 Hibernian House CORK CORK Cork Government Office Irish Life 190,800.00 Building CORK CORK Cork Government Office Irish Life 61,448.00 Y Building CORK CORK Cork Government Office Irish Life 69,914.52 Y Building CORK CORK Cork Government Office Irish Life 14,250.00 Building CORK CORK Cork Government Office Irish Life 205,933.00 Building CORK CORK Cork HIQA Decentralised Office 370,420.00 CORK CORK Cork Marine Office 58,500.00 Y CORK CORK Cork Marine Office 53,320.00 Y CORK CORK Cork Probation & Welfare Service 300,368.00 Cove Street CORK CORK Cork Probation & Welfare Service 9,523.04 Grattan Street CORK CORK Cork SWO - ESB Premises 120,000.00 Y CORK DUNMANWAY Dunmanway SWO/CSO Office 15,250.00 CORK FERMOY Fermoy Education Office 3,500.00 CORK FERMOY Fermoy SWO - Connolly Street 15,300.00 Y CORK MACROOM Macroom Bowl Road SWO 11,400.00 CORK MALLOW Mallow Farm Devopment Service 11,000.00 Y CORK MALLOW Mallow SWO 33,846.14

143 Questions— 3 May 2011. Written Answers

[Deputy Brian Hayes.] County Location Building Name Rent PA Upward Rent RVW € CORK SKIBBEREEN Skibbereen Forestry Office 11,700.00 Y CORK SKIBBEREEN Skibbereen Driving Test Centre 5,873.81 CORK YOUGHAL Youghal SWO - Main Street 12,000.00 DONEGAL BALLEYBOFEY Ballybofey SWO 15,000.00 DONEGAL BALLYSHANNON Ballyshannon Marine Office 10,234.09 DONEGAL BALLYSHANNON Ballyshannon Maritime Office 25,000.00 Y DONEGAL BALLYSHANNON Ballyshannon Maritime Office 3,380.00 DONEGAL BUNCRANA Buncrana Government Offices 11,935.54 DONEGAL BUNCRANA Buncrana SWO 33,000.00 DONEGAL DONEGAL Donegal Driver Testing Centre 23,260.00 Y DONEGAL DUNFANAGHY Dunfanaghy SWO 22,000.00 DONEGAL FALCARRAGH Falcarragh SWO 10,400.00 DONEGAL GLENTIES Glenties Marine Forestry Office 7,000.00 DONEGAL GREENCASTLE Greencastle Marine Office 2,310.92 DONEGAL KILLYBEGS Killybegs Government Office 12,000.00 DONEGAL LETTERKENNY Letterkenny Driving Test Centre 15,000.00 Y DONEGAL LETTERKENNY Letterkenny Education Office 41,896.00 DONEGAL LETTERKENNY Letterkenny Probation & Welfare 80,000.00 Main Street DONEGAL LETTERKENNY Letterkenny Revenue Office 58,000.00 DONEGAL MOVILLE Moville Education Office 9,500.00 DUBLIN BALBRIGGAN Balbriggan DSP Office Temp 49,588.00 DUBLIN BALBRIGGAN Balbriggan Passport Office 553,669.50 Y DUBLIN BLACKROCK Blackrock Trident House 678,500.00 DUBLIN DUBLIN 01 Abbey Street Upper 26 - 30 1,206,096.51 Y DUBLIN DUBLIN 01 Abbey Street Upper 26 - 30 994,569.76 Y DUBLIN DUBLIN 01 Abbey Street Upper 26 - 30 211,542.00 Y DUBLIN DUBLIN 01 Abbey Street Upper 26 - 30 672,175.55 Y DUBLIN DUBLIN 01 Amiens Street (Gandon House) 75,500.00 DUBLIN DUBLIN 01 Amiens Street (Gandon House) 655,000.00 DUBLIN DUBLIN 01 Amiens Street (Gandon House) 500,000.00 DUBLIN DUBLIN 01 Arran Quay (Arran Court) 165,337.23 Y DUBLIN DUBLIN 01 Capel Street 89 -94 689,321.76 Y DUBLIN DUBLIN 01 Frederick St NorthFrederick Crt 702,000.00 DUBLIN DUBLIN 01 Great Strand St Millennium Hse 265,675.00 Y DUBLIN DUBLIN 01 Irish Life Centre Block 1 970,000.00 DUBLIN DUBLIN 01 Irish Life Centre Block 1 215,000.00 DUBLIN DUBLIN 01 Irish Life Centre Block 2 1,335,000.00 Y DUBLIN DUBLIN 01 Irish Life Centre Block 5/7 1,110,000.00 Y DUBLIN DUBLIN 01 Irish Life Centre BlockDE&F 900,000.00 Y DUBLIN DUBLIN 01 Kings Inn House SWO 208,275.00 Y DUBLIN DUBLIN 01 Kings Inn House SWO 558,200.00 Y DUBLIN DUBLIN 01 O’Connell St 29-32 345,000.00 DUBLIN DUBLIN 01 Parnell Sq 13-15 Parnell House 1,830,000.00 DUBLIN DUBLIN 01 Parnell Sq 16 1,493,644.72 Y DUBLIN DUBLIN 01 Parnell St Parnell Business Centre 45,801.99

144 Questions— 3 May 2011. Written Answers

County Location Building Name Rent PA Upward Rent RVW € DUBLIN DUBLIN 02 Adelaide Rd 65A (Davitt House) 1,680,000.00 DUBLIN DUBLIN 02 Adelaide Road 29-31 2,970,000.00 Y DUBLIN DUBLIN 02 Andrew St 10-12 340,000.00 Y DUBLIN DUBLIN 02 Bishops Square 1,525,000.00 Y DUBLIN DUBLIN 02 Bishops Square 1,495,500.00 Y DUBLIN DUBLIN 02 Bishops Square 1,120,000.00 Y DUBLIN DUBLIN 02 Clare Street 12 112,500.00 Y DUBLIN DUBLIN 02 Clonmel Street [Clonmel Place] 804,500.00 Y DUBLIN DUBLIN 02 Dawson St 18A Royal Irish 41,900.00 Academy DUBLIN DUBLIN 02 D’Olier Street (D’Olier House) 1,085,626.00 DUBLIN DUBLIN 02 Earlsfort Terrace Earl Centre 1,210,000.00 Block C DUBLIN DUBLIN 02 Earlsfort Terrace Earl Centre 195,000.00 Y Block J DUBLIN DUBLIN 02 Earlsfort Terrace St Stephen 1,024,229.00 Green House DUBLIN DUBLIN 02 Earlsfort Terrace St Stephen 365,000.00 Green House DUBLIN DUBLIN 02 Earlsfort Terrace St Stephen 205,270.00 Green House DUBLIN DUBLIN 02 Ely Place 7-8 Ely Court 711,322.50 Y DUBLIN DUBLIN 02 Frederick St South Frederick 197,200.00 House DUBLIN DUBLIN 02 Harcourt Road 4-5 1,260,000.00 DUBLIN DUBLIN 02 Harcourt Road Dun Sceine 850,000.00 Y DUBLIN DUBLIN 02 Harcourt Sq Garda Block 1 1,300,000.00 Y DUBLIN DUBLIN 02 Harcourt Sq Garda Block 2 105,000.00 DUBLIN DUBLIN 02 Harcourt Sq Garda Block 2 1,832,500.00 Y DUBLIN DUBLIN 02 Harcourt Sq Garda Block 3 1,278,800.00 Y DUBLIN DUBLIN 02 Harcourt Sq Garda Block 4 417,250.00 Y DUBLIN DUBLIN 02 Harcourt St Harcourt Cntre Block 228,500.00 Y 2 DUBLIN DUBLIN 02 Harcourt Street 75-78 1,010,000.00 DUBLIN DUBLIN 02 Hatch Street 13-15 460,000.00 DUBLIN DUBLIN 02 Holles Street Holbrook House 174,000.00 Y DUBLIN DUBLIN 02 Kildare Street 43-44 1,174,500.00 DUBLIN DUBLIN 02 Leeson Street Lower Ossory 900,000.00 Y House DUBLIN DUBLIN 02 Leinster St Sth 6-9 Phoenix Hse 218,000.00 DUBLIN DUBLIN 02 Lombard St East 8 - 11 Joyce Hse 560,000.00 Y DUBLIN DUBLIN 02 Merrion Row2-4 472,500.00 Y DUBLIN DUBLIN 02 Merrion Square 24 269,000.00 DUBLIN DUBLIN 02 Mespil Road 43-49 1,637,756.00 DUBLIN DUBLIN 02 Molesworth Building Setanta 114,388.00 Y Centre DUBLIN DUBLIN 02 Molesworth Building Setanta 2,267,000.00 Y Centre DUBLIN DUBLIN 02 Molesworth Street Government 80,000.00 Publications

145 Questions— 3 May 2011. Written Answers

[Deputy Brian Hayes.] County Location Building Name Rent PA Upward Rent RVW € DUBLIN DUBLIN 02 Mount St Lr 73-79 Ballaugh House 933,500.00 Y DUBLIN DUBLIN 02 Mount St Lr 79-83 Timberlay Hse 1,149,615.70 DUBLIN DUBLIN 02 Mount St Upr 36 200,000.00 Y DUBLIN DUBLIN 02 Mount Street Lower 85 - 93 1,743,000.00 DUBLIN DUBLIN 02 Nassau Building Setanta Centre 688,600.00 DUBLIN DUBLIN 02 Nassau Building Setanta Centre 278,600.00 DUBLIN DUBLIN 02 Nassau Building Setanta Centre 792,144.00 DUBLIN DUBLIN 02 Nassau Building Setanta Centre 469,680.00 Y DUBLIN DUBLIN 02 Nassau Building Setanta Centre 716,000.00 DUBLIN DUBLIN 02 Nassau Building Setanta Centre 797,940.00 DUBLIN DUBLIN 02 Nassau St Special Olymics 87,622.06 DUBLIN DUBLIN 02 Pearse St 212-213 Oisín House 1,493,000.00 DUBLIN DUBLIN 02 Revenue Castleview Georges st 1,827,522.00 Y DUBLIN DUBLIN 02 St Stephens Green 67-71Hainault 600,000.00 Hse DUBLIN DUBLIN 02 St Stephens Green 94 408,000.00 Y DUBLIN DUBLIN 02 St Stephens Green 94 612,000.00 Y DUBLIN DUBLIN 02 Statoil Building 373,500.00 DUBLIN DUBLIN 02 Tara Street Apollo House 560,750.00 Y DUBLIN DUBLIN 02 Tara Street Apollo House 453,120.20 Y DUBLIN DUBLIN 02 Tara Street Apollo House 185,600.00 DUBLIN DUBLIN 02 Wilton Place Fitzwilton House 205,500.00 DUBLIN DUBLIN 04 Claremont Road Revenue Office 655,000.00 DUBLIN DUBLIN 04 Shelbourne Road 21Shelbourne 1,018,000.00 Y House DUBLIN DUBLIN 04 Waterloo Road St Martins House 570,000.00 Y DUBLIN DUBLIN 05 Kilbarrack SWO 145,500.00 DUBLIN DUBLIN 06 Canal Road (Canal House) 370,000.00 Y DUBLIN DUBLIN 06 Rathgar Driving Test Centre 36,822.40 DUBLIN DUBLIN 07 Blackhall Place Smithwick 333,000.00 Tribunal DUBLIN DUBLIN 07 Bow Street Government Office 450,000.00 Y DUBLIN DUBLIN 07 Manor St Nursing Council 85,000.00 DUBLIN DUBLIN 07 Navan Road Ashtowngate 1,550,000.00 DUBLIN DUBLIN 07 Navan Road Ashtowngate Block B 254,401.00 Y DUBLIN DUBLIN 07 North Circular Road Park House 92,778.00 Y DUBLIN DUBLIN 07 North Circular Road Park House 340,000.00 DUBLIN DUBLIN 07 North King St 90 Georges Court 655,940.00 Y DUBLIN DUBLIN 07 North King St 90 Georges Court 1,353,509.00 Y DUBLIN DUBLIN 07 Ormond Quay Ormond House 282,750.00 Y DUBLIN DUBLIN 07 Ormond Quay Upper 19 99,000.00 DUBLIN DUBLIN 07 Smithfield Office of Film Class 255,955.00 Y DUBLIN DUBLIN 07 Smithfield Probation Service 1,188,070.00 DUBLIN DUBLIN 08 Conyngham Road Phoenix House 365,000.00 Y DUBLIN DUBLIN 08 Garden Lane Probation & Welfare 55,980.00 Y Office DUBLIN DUBLIN 08 The Chancery Building 543,880.00 Y

146 Questions— 3 May 2011. Written Answers

County Location Building Name Rent PA Upward Rent RVW € DUBLIN DUBLIN 08 Thomas Street 126 - 127 244,000.00 DUBLIN DUBLIN 10 Ballyfermot Probation & Welfare 39,500.00 Y Service DUBLIN DUBLIN 11 Finglas Driver Testing 45,520.15 Y Centre+Revenue Store DUBLIN DUBLIN 11 Finglas Probation & Welfare 66,000.00 Y Service DUBLIN DUBLIN 11 Finglas Shopping Centre FÁS 39,500.00 DUBLIN DUBLIN 12 Park West Business Park Block 43 212,585.90 Y DUBLIN DUBLIN 13 Donaghmede Probation & Welfare 160,000.00 Service DUBLIN DUBLIN 14 Churchtown Driving Test Centre 13,800.00 DUBLIN DUBLIN 14 Clonskeagh Belfield Office Park 1,160,000.00 DUBLIN DUBLIN 14 Nutgrove SWO 144,480.00 DUBLIN DUBLIN 15 Blanchardstown Government 157,907.00 Office DUBLIN DUBLIN 15 Blanchardstown Government 157,907.00 Office DUBLIN DUBLIN 15 Blanchardstown Government 638,678.25 Y Office DUBLIN DUBLIN 22 Clondalkin Education Office 25,000.00 DUBLIN DUBLIN 22 Clondalkin Education Office 25,000.00 DUBLIN DUBLIN 22 Clondalkin SWO Ninth Lock Rd 215,000.00 Y DUBLIN DUBLIN 24 Tallaght Education Office 113,658.00 DUBLIN DUBLIN 24 Tallaght Government Office Plaza 500,000.00 Complex DUBLIN DUBLIN 24 Tallaght Government Office Plaza 380,000.00 Complex DUBLIN DUBLIN 24 Tallaght Government Office St 722,501.00 Johns House DUBLIN DUBLIN 24 Tallaght PIAB 188,553.75 Y DUBLIN DUBLIN 24 Tallaght Probation & Welfare 92,057.00 Service DUBLIN DUBLIN 24 Tallaght Revenue Commissioners 107,500.00 DUBLIN DUBLIN AIRPORT Dublin Airport International 11,308.40 House DUBLIN DUBLIN AIRPORT Dublin Airport Pier B 14,599.20 DUBLIN DUBLIN AIRPORT Dublin Airport Pier B 5,212.00 DUBLIN DUBLIN AIRPORT Dublin Airport Terminal Building 14,340.00 DUBLIN DUBLIN AIRPORT Dublin Airport Terminal Building 16,086.00 DUBLIN DUBLIN AIRPORT Dublin Airport Transaer House 565,235.00 DUBLIN DUN LAOGHAIRE Dun Laoghaire Probation & 85,999.36 Y Welfare Service DUBLIN DUN LAOGHAIRE Dun Laoghaire Vehicle 47,500.00 Registration Office DUBLIN LUCAN Lucan SWO - Chapel Hill 16,671.66 DUBLIN LUCAN Lucan SWO - Main Street 12,697.38 DUBLIN MALAHIDE Malahide SWO 15,871.73 Y DUBLIN SWORDS Swords Agricultural Inspectors 8,253.30 Y DUBLIN SWORDS Swords Business Campus Unit 4 634,852.53 Y

147 Questions— 3 May 2011. Written Answers

[Deputy Brian Hayes.] County Location Building Name Rent PA Upward Rent RVW € DUBLIN SWORDS Swords Business Campus Unit 231,443.68 Y 5/6A DUBLIN SWORDS Swords Business Campus Unit 173,226.50 Y 5/6C DUBLIN SWORDS Swords Business Campus Unit 181,490.55 Y 5/6D DUBLIN SWORDS Swords Temp DSFA Office 30,000.00 GALWAY BALLINASLOE Ballinasloe Government Office 14,195.67 GALWAY CLIFDEN Clifden Driving Test Centre 6,032.00 GALWAY CLIFDEN Clifden Environment Office 27,500.00 GALWAY GALWAY Ballybane Garda Community 6,500.00 Office GALWAY GALWAY Galway DAF Dockgate 922,250.00 Y GALWAY GALWAY Galway Driving Test Centre 31,500.00 GALWAY GALWAY Galway Education Office 90,000.00 GALWAY GALWAY Galway Environment Office 48,000.00 GALWAY GALWAY Galway Garda Office 76,000.00 GALWAY GALWAY Galway Garda Training 31,420.00 GALWAY GALWAY Galway Government Office Hynes 235,000.00 Building GALWAY GALWAY Galway Government Office Hynes 222,425.00 Y Building GALWAY GALWAY Galway Government Office Ross 88,000.00 House GALWAY GALWAY Galway Irish Water Safety 41,722.00 Y GALWAY GALWAY Galway Liosbaun Garda Unit 1B 25,987.50 Y GALWAY GALWAY Galway Probation & Welfare 31,144.00 Y Service GALWAY GALWAY Galway Probation & Welfare 9,595.00 Service GALWAY GALWAY Galway Probation & Welfare 42,334.50 Y Service GALWAY Galway Revenue 1,214,221.40 Fairgreen

GALWAY GALWAY Galway SWO - Island House 15,768.00 GALWAY GORT Gort SWO 8,735.00 GALWAY LOUGHREA Galway Millenium House 19,407.50 Y GALWAY LOUGHREA Loughrea Agriculture Offices 13,865.54 GALWAY LOUGHREA Loughrea Agriculture Offices 26,600.00 GALWAY LOUGHREA Loughrea DSFA Office 20,800.00 GALWAY LOUGHREA Loughrea SWO - PMPA Building 23,000.00 GALWAY LOUGHREA Loughrea Transport & Road 56,187.50 Y Safety Authority Temporary Office GALWAY LOUGHREA Loughrea Transport & Road 51,837.50 Y Safety Authority Temporary Office GALWAY LOUGHREA Loughrea Transport & Road 31,225.00 Y Safety Authority Temporary Office

148 Questions— 3 May 2011. Written Answers

County Location Building Name Rent PA Upward Rent RVW € GALWAY OUGHTERARD Oughterard Environ Office 6,500.00 GALWAY SPIDDAL An Coimisinéir Teanga 45,981.00 GALWAY TUAM Tuam Driver Testing Centre 10,500.00 GALWAY TUAM Tuam Government Offices 29,500.00 GALWAY TUAM Tuam Ordnance Survey Office 22,000.00 KERRY KENMARE Kenmare SWO 19,000.00 KERRY KILLARNEY Killarney Park Court 40,000.00 KERRY KILLARNEY Killarney Park Court 76,369.20 KERRY KILLARNEY Killarney Park Court 61,200.00 KERRY LISTOWEL Listowel Revenue Office 244,923.70 Y KERRY LISTOWEL Listowel SWO 81,263.24 KERRY TRALEE Blennerville Agriculture Engineers 55,800.00 Office KERRY TRALEE Tralee CSO (Temporary) 20,500.00 KERRY TRALEE Tralee Education Office 69,000.00 KERRY TRALEE Tralee Garda Training Centre 18,000.00 KERRY TRALEE Tralee Probation and Welfare 35,000.00 Service KILDARE ATHY Athy Revenue Temporary 231,553.95 Decentralisation Office KILDARE ATHY Athy SWO 12,500.00 KILDARE KILDARE Kildare Heritage Office 20,761.00 KILDARE MAYNOOTH Maynooth Agriculture Office 940,625.68 KILDARE NAAS Naas Agriculture Office - Poplar 95,696.00 Y House KILDARE NAAS Naas Agriculture Office - Spring 41,000.00 Garden House KILDARE NAAS Naas Driving Test Centre 11,000.00 KILDARE NAAS Naas Government Office 254,034.00 KILDARE NAAS Naas SWO - Rathasker Square 23,000.00 Y KILDARE NAAS Naas Vehicle Registration Office 38,000.00 KILDARE NAAS Willow House Millennium Park 119,163.00 Y Block 6 KILDARE NEWBRIDGE Newbridge SWO - Henry Street 20,500.00 LAOIS PORTARLINGTON Portarlington Decentralised Office 73,500.00 Y LAOIS PORTLAOISE Portlaoise Agriculture Office - 191,000.00 Eircom LAOIS PORTLAOISE Portlaoise Agriculture Office - 67,245.00 Y Gandon Court LAOIS PORTLAOISE Portlaoise Agriculture Office - 70,500.00 Y Gandon Court LAOIS PORTLAOISE Portlaoise Agriculture Office - 76,050.00 Y Gandon Court LAOIS PORTLAOISE Portlaoise DAF Appeals Office 84,051.49 Y LAOIS PORTLAOISE Portlaoise Environment Office 9,945.00 LAOIS PORTLAOISE Portlaoise Grattan Business Centre 264,640.00 LAOIS PORTLAOISE Portlaoise Grattan House 46,860.00 LAOIS PORTLAOISE Portlaoise Grattan House 75,000.00

149 Questions— 3 May 2011. Written Answers

[Deputy Brian Hayes.] County Location Building Name Rent PA Upward Rent RVW € LAOIS PORTLAOISE Portlaoise NCCA & Equality 60,961.50 (Temporary) LEITRIM BALLINAMORE Ballinamore SWO 12,220.00 LEITRIM CARRICK ON Carrick-on-Shannon Decentralised 800,000.00 Y SHANNON SWO LIMERICK KILMALLOCK Kilmallock SWO 12,000.00 LIMERICK LIMERICK Limerick Decentralised Office 900,000.00 Y DFA LIMERICK LIMERICK Limerick Driving Test Centre 15,000.00 LIMERICK LIMERICK Limerick Education Office 255,000.00 LIMERICK LIMERICK Limerick Estuary House 197,000.00 LIMERICK LIMERICK Limerick Government Office 373,568.00 Y Houston Hall LIMERICK LIMERICK Limerick Probation & Welfare 45,262.00 Service LIMERICK LIMERICK Limerick Probation & Welfare 45,262.00 Service LIMERICK LIMERICK Limerick Revenue Office 615,000.00 LIMERICK LIMERICK Limerick SWO - Plassey 42,050.00 LIMERICK LIMERICK Moyross Garda Clinic 1,269.74 LIMERICK NEWCASTLEWEST Newcastlewest Probation & 39,613.16 Y Welfare Office LONGFORD GRANARD Granard SWO 6,602.64 LONGFORD MOYNE Moyne Wildlife Office 9,500.00 Y LOUTH ARDEE Ardee SWO 14,000.00 LOUTH DROGHEDA Drogheda Education Office 62,000.00 LOUTH DROGHEDA Drogheda Probation & Welfare 66,000.00 Y Service LOUTH DROGHEDA Drogheda SWO Singleton House 70,533.00 Y LOUTH DUNDALK Block 1 Finnabair Business Park 96,000.00 LOUTH DUNDALK Dundalk Education Office 14,544.00 LOUTH DUNDALK Dundalk Garda Office 2,800.00 MAYO BALLINA Ballina Road Safety HQ Unit 2 151,641.00 MAYO BALLINA Ballina Road Safety HQ Unit 3 121,250.00 Y MAYO BALLINA Ballina Road Safety HQ Unit 4 121,937.50 Y MAYO BALLYHAUNIS Ballyhaunis SWO 4,571.06 MAYO CASTLEBAR Castlebar DTC 11,500.00 MAYO CASTLEBAR Castlebar National Education 23,000.00 Physchology Service MAYO CASTLEBAR Castlebar Probation & Welfare 38,259.80 Y Service MAYO CASTLEBAR Castlebar SWO - Humbert Mall 38,000.00 MAYO CLAREMORRIS Claremorris Agriculture Office 37,000.00 MAYO CLAREMORRIS Claremorris SWO 8,913.56 MAYO CLAREMORRIS Claremorris Temporary 68,712.00 Decentralised Office MAYO SWINFORD Swinford DSFA Office 18,840.00 Y MEATH KELLS Kells SWO 18,500.00 MEATH NAVAN Navan Athlumney House 439,921.00 Y

150 Questions— 3 May 2011. Written Answers

County Location Building Name Rent PA Upward Rent RVW € MEATH NAVAN Navan Government Office Kilcairn 573,700.00 Y MEATH NAVAN Navan Revenue Abbey Mall 575,360.00 Y MEATH NAVAN Navan SWO 230,000.00 Y MEATH TRIM Trim NCSE 87,645.60 MONAGHAN BALLYBAY Ballybay District Veterinary Office 11,427.64 MONAGHAN BALLYBAY Ballybay Livestock Office 42,000.00 MONAGHAN CARRICKMACROSS Carrickmacross SWO 27,000.00 MONAGHAN CASTLEBLAYNEY Castleblaney Credit Union House 14,250.00 MONAGHAN CASTLEBLAYNEY Castleblayney SWO 9,903.96 MONAGHAN MONAGHAN Monaghan Revenue MTEK 181,830.00 OFFALY BIRR Birr Forestry Office 4,951.98 OFFALY BIRR Birr Government Offices 6,900.00 OFFALY BIRR Birr Government Offices 5,577.00 OFFALY TULLAMORE Tullamore Probation & Welfare 8,862.50 Service OFFALY TULLAMORE Tullamore SWO Castle Buildings 204,044.80 Y ROSCOMMON BALLAGHADERREEN Dillon House CRAGA Office 3,174.34 ROSCOMMON BOYLE Boyle Education Office 5,760.00 ROSCOMMON BOYLE Boyle SWO 9,063.21 ROSCOMMON CASTLEREA Castlerea SWO 2,750.00 SLIGO SLIGO Beulah Building 124,448.00 SLIGO SLIGO Lough Arrow Field Study Centre 33,430.00 Y SLIGO SLIGO Marino House 57,640.15 Y SLIGO SLIGO Marino House 57,642.00 Y SLIGO SLIGO Sligo Driving Test Centre 109,220.00 SLIGO SLIGO Sligo Garda Welfare Office 11,732.38 Y SLIGO SLIGO Sligo Government Office - 31,000.00 Westward Town Centre SLIGO SLIGO Sligo Government Office - 34,752.73 Westward Town Centre SLIGO SLIGO Sligo Government Office - 53,250.00 Y Westward Town Centre SLIGO SLIGO Sligo Government Office - 42,260.00 Y Westward Town Centre SLIGO SLIGO Sligo SCFA Office 194,600.00 Y SLIGO TUBBERCURRY Tubbercurry Temporary CRAGA 86,755.00 Office SLIGO TUBBERCURRY Tubbercurry Temporary CRaGA 88,138.00 Office 2 TIPPERARY CARRICK ON SUIR Carrick-on-Suir SWO 7,800.00 TIPPERARY CLONMEL Clonmel Government Office 275,000.00 Harbour Hse TIPPERARY NENAGH Nenagh Government Office 16,000.00 (Temporary) TIPPERARY NENAGH Nenagh Justice Office 36,270.00 Y TIPPERARY ROSCREA Roscrea Civil Defence Office 25,000.00 Y TIPPERARY ROSCREA Roscrea Civil Defence Office 178,825.00 Y TIPPERARY ROSCREA Roscrea SWO 16,506.60

151 Questions— 3 May 2011. Written Answers

[Deputy Brian Hayes.] County Location Building Name Rent PA Upward Rent RVW € TIPPERARY ROSCREA Roscrea Temporary Decentralised 130,000.00 Office TIPPERARY TEMPLEMORE Templemore SWO 8,253.30 TIPPERARY THURLES Thurles Garda Fines Office 186,186.00 TIPPERARY THURLES Thurles Government Offices - 6,983.56 ACC House TIPPERARY THURLES Thurles Government Offices - 10,157.90 ACC House TIPPERARY THURLES Tipperary Technology Park Unit 1,518.90 A6 TIPPERARY THURLES Tipperary Technology Park Unit 64,736.00 F2 TIPPERARY THURLES Tipperary Technology Park Unit 5,244.00 F3 TIPPERARY TIPPERARY Tipperary Driving Test Centre 5,200.00 TIPPERARY TIPPERARY Tipperary Justice Office 81,150.00 TIPPERARY TIPPERARY Tipperary Temporary 103,957.50 Y Decentralised Office WATERFORD DUNGARVAN Dungarvan Government Office 81,806.68 Civic Buildings WATERFORD LISMORE Lismore SWO 6,480.00 WATERFORD WATERFORD Waterford Government Offices - 117,968.00 Johnstown WATERFORD WATERFORD Waterford Agriculture Belview 13,220.00 Y WATERFORD WATERFORD Waterford Road Safety Authority 40,000.00 Y Test Centre WESTMEATH ATHLONE Athlone Driver Testing Centre 21,600.00 WESTMEATH ATHLONE Athlone DSFA & Probation & 359,577.16 Welfare Office WESTMEATH MULLINGAR Mullingar Central Statistics Office 6,000.00 WESTMEATH MULLINGAR Mullingar Government Offices 186,309.00 WESTMEATH MULLINGAR Mullingar Probation & Welfare 26,664.50 Service WEXFORD ENNISCORTHY Enniscorthy SWO Portsmouth 25,000.00 Y House WEXFORD GOREY Gorey Government Offices 11,000.00 WEXFORD ROSSLARE Rosslare Harbour Vehicle 90,000.00 HARBOUR Registration Office WEXFORD WEXFORD Wexford Driver Testing Centre 5,078.95 WEXFORD WEXFORD Wexford Education Office 95,316.60 WICKLOW ARKLOW Arklow Probation & Welfare 19,046.07 Y Service WICKLOW BALTINGLASS Baltinglass DAF Office 26,000.00 WICKLOW BRAY Bray Civic Centre Block D 471,541.36 Y WICKLOW WICKLOW Wicklow Government Office 123,926.44 Murrough

152 Questions— 3 May 2011. Written Answers

Ministerial Staff 123. Deputy Brendan Smith asked the Minister for Finance the detail of all permanent civil service or non-established positions which are in place in his Department in relation to assisting Ministers with constituency work; the monthly salaries for these positions; and if any further appointments are envisaged. [9139/11]

Minister for Finance (Deputy Michael Noonan): In my Department 4 people, detailed below, are assigned to work on constituency matters.

GRADE SALARY SCALE (per annum)

1 Personal Assistant €43,715-€56,060

1 Executive Officer (EO) €30,516-€47,975

1 Clerical Officer (CO) €23,177-€37,341

1 Clerical Officer (CO) €23,042-€36,267

My colleague, the Minister for Public Expenditure and Reform also has 4 people, detailed below, assigned to work on constituency matters.

GRADE SALARY SCALE (per annum)

1 Personal Secretary €23,820-€47,755

1 Personal Assistant €43,715-€56,060

1 Clerical Officer (CO) €23,177-€37,341

1 Clerical Officer (CO) €23,042-€36,267

Their roles require that they provide a range of duties associated with constituency matters for the relevant Minister. As the Deputy may be aware, the Government recently decided to limit the number of staff in a Minister’s constituency office to 4, and the number of staff in a Minister of State’s constituency office to 3.

Ministerial Appointments 124. Deputy Brendan Smith asked the Minister for Finance if he will list the details of all State appointments open to direct choice by him on 10 March 2011. [9153/11]

Minister for Finance (Deputy Michael Noonan): In response to the Deputy’s question there were no vacancies on bodies under the aegis of my department open to direct choice by me on the 10th March 2010.

Question No. 125 answered with Question No. 83.

Banking Sector Regulation 126. Deputy Dominic Hannigan asked the Minister for Finance the actions that will be taken to tax excess severance packages made to former employees of majority State owned banks; and if he will make a statement on the matter. [9173/11]

153 Questions— 3 May 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): The position is that a severance payment made under the terms of a person’s employment contract or where the employer is otherwise contractually bound to make the payment, the payment is treated, for income tax purposes, as remuneration from the employment and the payment is fully chargeable to Income Tax and Universal Social Charge (USC) in the same way as any other remuneration or benefits from the employment. In addition, where a severance payment is made outside of the terms of a person’s employment contract or is otherwise made on a non-contractual basis, the severance payment is subject to income tax under the rules of sections 123 and 201 of, and Schedule 3 to, the Taxes Consolidation Act 1997. I should point out that in Budget 2011 these provisions were amended. Accordingly, the maximum amount is restricted to €200,000 in respect of severance payments that can be paid free of income tax and USC depending on a number of factors, including whether there were any previous severance payments made free of tax. Any amount above €200,000 is chargeable to income tax, but may qualify for a relief that reduces the rate of income tax to be charged to a rate equal to the average rate of income tax paid by the person for the 3 years preceding the tax year in which the severance payment is treated as income. The taxable portion of any severance payment is chargeable to USC at the appropriate rate without any similar relief. It should be noted that these rules apply equally to all employees in receipt of severance payments. While there are no special rules in the tax code dealing specifically with excess severance payments made to former employees of majority State owned banks, I would point out that the Finance Act 2011 introduced a special regime (which effectively imposes a combined tax, USC and PRSI charge of 90%) on excess bonuses paid to employees of financial institutions which have received financial investment from the State.

Tax Code 127. Deputy Jim Daly asked the Minister for Finance the reason a person (details supplied) will not receive their annual refund in respect of PAYE emergency tax as they have done for a number of years independent of their spouse’s tax affairs; and if he will make a statement on the matter. [9200/11]

Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners that the only refund of tax that they made to the person concerned is €10.82 in respect of the tax year 2008. Other tax refunds may have been made by an employer during the relevant tax years to correct overcharges arising from emergency tax rates being applied by the employer to their employment. The person in question is jointly assessed for Income Tax purposes. The tax liability for 2010 cannot be finalised until a tax return is submitted for that year. The latest date for making the return is 31 October 2011 (or 15 November if filed online), but it may be submitted now. Their tax liability will be assessed on the basis of the 2010 return, and a refund will issue if tax has been overpaid. I am further advised by the Revenue Commissioners that joint returns made for the years 2007 and 2008 did not include details of the income of the person in question under the PAYE system. I have been advised that amended notices of assessment will issue shortly which will take account of the person’s PAYE income.

128. Deputy Derek Nolan asked the Minister for Finance if following commitments made in the Finance Act 2010 he will sign the OECD’s Convention on Mutual Administrative Assist- ance on Tax Matters and related protocols which allow for the automatic multilateral exchange of information on tax; his views on non OECD members becoming signatories to the Conven-

154 Questions— 3 May 2011. Written Answers tion in the interests of international financial transparency; and if he will make a statement on the matter. [9212/11]

Minister for Finance (Deputy Michael Noonan): I am fully committed to the ratification of the Council of Europe/OECD Convention on Mutual Administrative Assistance in Tax Matters and related protocol. Provision for the signature of the Convention was included in the Finance Act 2010; however, our preference is that we should sign the Convention without reservation which means that we also need to legislate for the assistance of recovery of taxes provisions and the service of documents provisions contained in the Convention, a process which I would hope can be completed this year. The inclusion of non OECD members in the Convention is something that is worthy of support, and I welcome the opening-up of the Convention to non- OECD/non-Council of Europe members.

Departmental Staff 129. Deputy Michael McGrath asked the Minister for Finance if there are recruitment plans for a service (details supplied). [9258/11]

Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners that there are no vacancies at present in Revenue’s Maritime Service. Any future recruitment plans for the service are a matter for the Revenue Commissioners in the context of Government policy on civil service numbers.

Liquor Licences 130. Deputy Liam Twomey asked the Minister for Finance the reason the Revenue Commis- sioners are expecting shops which sell small quantities of wine to have an off-licence certification from revenue which increases the licence cost for small shops from €500 to €5,000 which is causing hardship to shop owners; and if he will make a statement on the matter. [9295/11]

Minister for Finance (Deputy Michael Noonan): The Deputy will be aware the rate of excise duty on off-licences was reviewed in the context of the 2008 and 2009 Budgets. The annual excise duty payable on each off-licence was increased from €250 to €500. An off-licence selling the full range of alcohol products require three licences — spirits, beer and wine. Consequently, shops who wish to sell all three alcohol products must obtain retailers off Licences which usually cost €1,500 per annum. However, an off-licence for a shop selling only wine will cost €500.

Fiscal Policy 131. Deputy Liam Twomey asked the Minister for Finance if the Revenue Commissioners will review the revenue block they have placed on the account of a company (details supplied) in view of the fact that this is having a significant effect on the cash flow of the business; and if he will make a statement on the matter. [9297/11]

Minister for Finance (Deputy Michael Noonan): This is a matter for the Revenue Commis- sioners. I am advised by the Revenue Commissioners that there has been a substantial record of non-compliance and broken payment agreements by the business concerned and that the basic financial viability of the business is something that is of serious concern in the context of allowing any further deterioration in the tax debt situation of the business. In those circumstances Revenue is not in a position to halt its current enforcement action until the existing debt is paid.

155 Questions— 3 May 2011. Written Answers

National Asset Management Agency 132. Deputy Michelle Mulherin asked the Minister for Finance if the National Assets Man- agement Agency used public relations consultants; and if so the amount of money that has been spent on public relations. [9299/11]

Minister for Finance (Deputy Michael Noonan): The National Asset Management Agency (NAMA), while a statutory body in its own right, operates under the aegis of the National Treasury Management Agency (NTMA) and, in common with the NTMA’s other business functions, it draws on the NTMA’s shared services in a number of areas including the press office facility. The NTMA does not have an internal press office. Instead, the NTMA’s Communications Officer is supported by the resources of an external service provider (appointed following a public procurement process) in order to offer a full press office service (including out-of-hours contacts for the media) across all the NTMA’s business areas. The NTMA has not traditionally had a dedicated press office but decided to put these arrangements in place during 2010 in light of a significant increase in the volume of domestic and international media queries being received by the NTMA and other associated bodies such as NAMA. The NTMA paid €185,000 (inc. VAT) to this service provider during 2010. In addition to NAMA, this press office facility serves the NTMA in its debt management role and also in relation to its other business areas which are the National Pensions Reserve Fund (NPRF), the National Development Finance Agency (NDFA), the State Claims Agency (SCA) and the NTMA’s delegated banking system functions.

EU-IMF Fund 133. Deputy Peter Mathews asked the Minister for Finance further to Parliamentary Ques- tion No. 270 of 12 January 2011, the new interest rate charged on International Monetary Fund borrowings as a result of the quota revision; if he will provide a breakdown of this rate showing the margin added; and if he will make a statement on the matter. [9315/11]

Minister for Finance (Deputy Michael Noonan): Interest on borrowings from the IMF is charged as follows:

• For borrowings up to three times quota, the interest rate is the SDR rate (which is calculated on a weekly basis — it is 0.55% as of 2 May 2011) plus a margin set by the IMF (currently 1%).

• Borrowings above the threshold of three times quota are charged an additional 2%.

• From 18 January 2014, the third anniversary of the 1st disbursement of the IMF funds to Ireland, an additional 1% is charged on borrowings over three times quota.

• In addition to the interest charge there is a once off up front handling fee of 0.5% of all draw downs.

On 4 March 2011, Ireland’s IMF quota increased from SDR 838.4 million to SDR 1,257.6 million. The first drawdown of IMF funds under the Programme took place on 18 January 2011. The € 1 amount was SDR 5,012,425,200, equivalent to some 5.8 billion, for an average life of 72 years. Due to the quota change, SDR 1,257.6 million of the SDR 5.0 billion drawn on 18 January last is now subject to a margin of 1% instead of 3%. In annual payment terms, this represents a saving of SDR 25.2 million. After 18 January 2014, the annual saving will increase by SDR

156 Questions— 3 May 2011. Written Answers

12.6 million as the 1% surcharge that applies from that date will not apply to the additional SDR 1,257.6 million that is now within three times the quota.

Fiscal Policy 134. Deputy Thomas P. Broughan asked the Minister for Finance if his attention has been drawn to consideration being given by the EU Commission and the European Central Bank to developing a unitary fiscal regime whereby Ireland, Greece and Portugal and any other Troika assisted Euro States will never completely return to the financial markets as fiscally independent States; his views on such a proposal; and if he will make a statement on the matter. [9317/11]

Minister for Finance (Deputy Michael Noonan): I am not aware of any such proposal. The stated aim of the existing EU — IMF Programme is to enable Ireland to return to the financial markets, and the programme provides the breathing space to achieve that. As the Deputy will be aware, the European Council has agreed on the need for euro-area Member States to establish a permanent stability mechanism: the European Stability Mech- anism (ESM). Arrangements for the establishment of the mechanism are currently under discussion at EU level. My officials and I are contributing to those discussions as appropriate. The ESM will be activated by mutual agreement if it is indispensable to safeguarding the financial stability of the euro area as a whole. The ESM will assume the role of the European Financial Stability Facility (EFSF) and the European Financial Stabilisation Mechanism (EFSM) in providing external financial assistance to euro-area Member States after June 2013. The ESM will grant short-term or medium term stability support, under strict conditionality to a euro-area Member State, which is experiencing severe financing problems or is threatened by severe financing problems in order to safeguard the financial stability of the euro area as a whole. The length of the programme and maturity of the loans will depend on the nature of the imbalance in the beneficiary Member State and the prospects of the beneficiary Member State regaining access to financial markets within the time that ESM resources are available.

Housing Grants 135. Deputy Robert Troy asked the Minister for Finance his plans to maintain the level of funding to continue the important scheme of insulating the homes of persons who are in receipt of the fuel allowance as is being administered by Sustainable Energy Ireland. [9343/11]

Minister for Finance (Deputy Michael Noonan): The allocations for the National Energy Retrofit Scheme in the Communications, Energy and Natural Resources Vote were set out in the 2011 Estimates, to be approved by the Dáil. Any adjustment to the allocations in the context of the Jobs Initiative or in future years would fall to be considered by Government and then approved by Dáil Éireann.

Tax Code 136. Deputy Peadar Tóibín asked the Minister for Finance when he will, in conjunction with the Department of Enterprise, Trade and Innovation, conduct the cost-benefit analysis into the amendment of the research and development tax credit regime; the timeframe for the completion of this analysis; if this analysis will incorporate the reform of R&D supports available to the digital game industry; the way the R&D supports available to the digital game industry will be reformed; and if he will make a statement on the matter. [5868/11]

157 Questions— 3 May 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): The Programme for Government (Government for National Recovery 2011-2016) contains a commitment to amend the R&D tax credit scheme in a number of ways, subject to the outcome of a cost benefit analysis. I would envisage that it would be feasible to carry out the required cost benefit analysis before next year’s Budget or Finance Bill process. Digital games are essentially software development and would already be a field of science and technology for the purposes of the R&D tax credit scheme. Relevant R&D expenditure on games should already qualify under the existing terms of the tax credit scheme, provided any specific games development achieves scientific or technological advancement and involve the resolution of scientific or technological uncertainty. Supports for R&D outside of the tax credit scheme are matters for my colleague, the Minister for Enterprise, Jobs and Innovation. I understand, in this regard, that IDA Ireland which operates under the aegis of that Department is in the process of organising a one-day R&D workshop for the games industry. The IDA is liaising with the industry to finalise this arrangement. Officials of the Revenue Commissioners will also attend that workshop to explain the operation of the R&D tax credit scheme and be available to respond to any questions about the scheme that may arise.

Credit Availability 137. Deputy Peadar Tóibín asked the Minister for Finance if European Commission approval has been received for the new business investments targeting the employment scheme that is replacing the business expansion scheme; the way the two schemes differ; when the new scheme will be operational; and if he will make a statement on the matter. [5877/11]

Minister for Finance (Deputy Michael Noonan): The approval of the European Commission has not yet been received for the Employment and Investment Incentive (EII) and Seed Capital Scheme, which is set to replace the current Business Expansion Scheme (BES) and Seed Capi- tal Schemes (SCS). My officials are currently in discussions with the Commission with regard to the changes proposed. These include the following: An increase in the lifetime limit that can be raised by companies from €2 million to €10 million.

• An increase in the annual limit that can be raised from €1.5 to €2.5 million.

• The removal of the majority of the qualifying trades restrictions.

• A simplification of the certification requirements.

• A reduction in the rate of tax relief for investors from 41% to 30% along with a reduction in the holding period required for shares from five to three years.

• The potential for a further 11% in tax relief, at the end of the three year holding period, where the company has increased employment or spent at least 30% of the funding raised on research and development.

The new incentive will become operational once the approval of the European Commission has been received. Pending the receipt of this approval, the existing BES will continue to operate. It is not possible to stipulate when the approval of the European Commission will be received. However, it is hoped that a favourable decision will be made in as short a time-frame as possible.

158 Questions— 3 May 2011. Written Answers

138. Deputy Peadar Tóibín asked the Minister for Finance when business will be able to access funds from the Strategic Investment Bank; the capital and funds that will be made available by the bank for small medium enterprise; the rates that will be attached to the funds; the persons that will oversee the operations and the bank; if the credit review office will have a remit to review appeals of refusal of credit at the bank; and if he will make a statement on the matter. [5882/11]

Minister for Finance (Deputy Michael Noonan): The Programme for Government contains a clear commitment to creating a Strategic Investment Bank that will become a provider of finance to large capital projects, a conduit for venture capital and a lender to SMEs. As I indicated in a reply to you on 23 March (PQ 5399), the Government will only be in a position to decide on the timing and the structure for setting up the Strategic Investment Bank when the necessary detailed assessment and planning work has been done. Therefore it would be premature to discuss its functions and responsibilities at this stage. For the same reasons the Government Legislation Programme for the summer session which was published on 5 April does not contain legislation in relation to the Strategic Investment Bank.

Financial Services Regulation 139. Deputy Peadar Tóibín asked the Minister for Finance when he will establish the taskforce on the future of the financial services sector to maximise employment opportunities in financial services as per the Programme for Government; the time scale for the establishment and reporting of this taskforce; the persons who will be on this taskforce; and if he will make a statement on the matter. [5879/11]

Minister for Finance (Deputy Michael Noonan): The Programme for Government sets out that the Government is committed to the future development of the International Financial Services Centre (IFSC) as a source of future employment growth subject to appropriate regulation. More than 32,000 people are directly employed in international financial services, in over 500 firms. Substantial indirect employment is also generated, and the sector contributes €2.1bn in corporate and payroll taxes to the Exchequer. Accounting for 10% of multi-national employment, international financial services represents an estimated 7.4% of GDP, and 5% of EU international financial services activity is carried out from Ireland. The fundamental goal of public policy in relation to the IFSC is to develop the international financial services industry in Ireland, built upon sustainable, responsible and internationally respected foundations, to maximise not only the number of jobs, but also the quality of employment and the future sustainability and growth prospects of the industry. The Government believes that it is necessary to continue to adopt, articulate and implement a clear vision for the development of the IFSC to demonstrate Ireland’s commitment to the promotion and growth of its international financial services industry. As part of this, work is underway on the preparation of a new strategic review for the development of the international financial services industry. Advancing the key recommendations of the Strategy through the structure of the IFSC Clearing House Group and other IFSC Working Groups will ensure that progress is advanced within an agreed time scale to be determined as part of the strategic review.

Tax Code 140. Deputy Peadar Tóibín asked the Minister for Finance if he will introduce a VAT refund scheme for charities. [7975/11]

159 Questions— 3 May 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): Charities and non-profit groups engaged in non-commercial activity are exempt from VAT under the EU VAT Directive, with which Irish VAT law must comply. This means they do not charge VAT on the services they provide and cannot recover VAT incurred on goods and services that they purchase. Essentially only VAT registered businesses which charge VAT are able to recover VAT. I have no plans to introduce a VAT refund scheme for charities. It is not clear that refunding VAT paid by charities is an appropriate method as opposed to grant-aiding the activities of charities using other criteria. The tax code already treats charities in a favourable manner. The tax code currently provides exemption for charities from Income Tax, Corporation Tax, Capital Gains Tax, Deposit Interest Retention Tax, Capital Acquisitions Tax, Stamp Duty, Probate Tax, Dividend With- holding Tax and the uniform scheme of tax relief for donations.

Personal Debt 141. Deputy Terence Flanagan asked the Minister for Finance the position regarding financial assistance in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [9410/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy will appreciate, it would not be appropriate for me, as Minister for Finance to comment on individual cases. As regards assisting homeowners who are struggling to pay off mortgages, the Deputy will be aware of the work of the Expert Group on Mortgage Arrears and Personal Debt. This Group produced two Reports, an Interim Report published in July 2010 and a Final Report published in November 2010. All of the Expert Group’s recommendations are listed in Chapter 2 of the Final Report. They can be accessed at www.finance.gov.ie. Since the publication of the Reports, the Code of Conduct for Mortgage Arrears (CCMA) has been revised by the Central Bank to reflect many of the recommendations of the Expert Group, including key recommendations relating to the introduction by all regulated lenders of a standardised Mortgage Arrears Resolution Process (MARP). The most significant changes in the revised CCMA include:

• Borrowers in arrears who co-operate with the Mortgage Arrears Resolution Process (MARP) are not charged penalty interest charges,

• Harassment of borrowers through unsolicited communications is outlawed,

• Borrowers in financial difficulties, but not in arrears, are allowed to come under the MARP,

• When a lender is determining the 12 month period the lender must wait before applying to the courts to commence legal action, the lender must exclude any time period during which a borrower is complying with the terms of an alternative repayment arrangement, making an appeal to the internal appeals Board or making a complaint to the Financial Services Ombudsman under the CCMA.

The revised CCMA was published on 6 December 2010 and came into effect on 1 January 2011. The revised CCMA can be accessed at www.centralbank.ie. Lenders are required to comply with the CCMA as a matter of law but have been given a period of six months grace ending on 30 June 2011 to put in place the requisite systems and training of staff necessary to support the implementation of the MARP. In addition, the Central Bank has also written to lenders to issue directions under Section 149 of the Consumer Credit Act 1995 which will mean that lenders cannot impose arrears charges or penalty interest on borrowers who are co-

160 Questions— 3 May 2011. Written Answers operating with the MARP. Lenders representing the majority of the market have already indicated their willingness to implement the Expert Group’s proposals for a Deferred Interest Scheme or a variation of it. The Deputy will also be aware of the existing importance of the Mortgage Interest Sup- plement Scheme and the Money Advice and Budgeting Service in assisting consumers who have fallen into arrears or who are experiencing difficulties servicing their mortgage repayments.

Banking Sector Regulation 142. Deputy Brian Stanley asked the Minister for Finance the interest rates banks under State control are charging on their variable mortgages; if his attention has been drawn to the fact that banks under State control are charging punitive rates on these mortgages; the actions he will take on reducing the interest rates being charged by banks under State control; the actions he will take for mortgage holders who are struggling under the weight of high interest rates; and if he will make a statement on the matter. [9423/11]

Minister for Finance (Deputy Michael Noonan): The Deputy will appreciate that the mortgage interest rates, financial institutions operating in Ireland, charge to customers are a commercial decision for the institutions concerned. While my Department monitors the impact of changes in mortgage interest rates on the Consumer Price Index, it has no direct function in relation to the individual institution’s decisions on the matter. A number of measures are in place to assist mortgage holders who are in genuine difficulties with regard to the payment of their mortgages The Deputy will be aware of the work of the Expert Group on Mortgage Arrears and Personal Debt. This Group produced two Reports, an Interim Report published in July 2010 and a Final Report published in November 2010. All of the Expert Group’s recommendations are listed in Chapter 2 of the Final Report. They can be accessed at www.finance.gov.ie. Since the publication of the Reports, the Code of Conduct for Mortgage Arrears (CCMA) has been revised by the Central Bank to reflect many of the recommendations of the Expert Group, including key recommendations relating to the introduction by all regulated lenders of a standardised Mortgage Arrears Resolution Process (MARP). The most significant changes in the revised CCMA include:

• Borrowers in arrears who co-operate with the MARP are not charged penalty interest charges,

• Harassment of borrowers through unsolicited communications is outlawed,

• Borrowers in financial difficulties, but not in arrears, are allowed to come under the MARP,

•·When a lender is determining the 12 month period it must wait before applying to the courts to commence legal action, it must exclude any time period during which a borrower is complying with the terms of an alternative repayment arrangement, making an appeal to the internal appeals Board or making a complaint to the Financial Services Ombudsman under the CCMA.

161 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] lenders to issue directions under Section 149 of the Consumer Credit Act 1995 which will mean that lenders cannot impose arrears charges or penalty interest on borrowers who are co- operating with the MARP. Lenders representing the majority of the market have already indicated their willingness to implement the Expert Group’s proposals for a Deferred Interest Scheme or a variation of it. The Deputy will also be aware of the existing importance of the Mortgage Interest Sup- plement Scheme and the Money Advice and Budgeting Service in assisting consumers who have fallen into arrears or who are experiencing difficulties servicing their mortgage repayments.

Flood Relief 143. Deputy Dara Calleary asked the Minister for Finance the estimated cost of a flood relief project in County Mayo (details supplied); if he will provide a break down of the estimate between road raising and drainage and a timeframe for the completion of works. [9450/11]

Minister of State at the Department of Finance (Deputy Brian Hayes): Mayo County Council applied under the Office of Public Works (OPW) Minor Flood Mitgation Works Scheme in 2009 and 2010 for funding to undertake road-raising and ancillary works to addresss the flooding problem at the location concerned. Investigations by the OPW into this problem had identified no practical drainage solutions due to a lack of feasible drainage paths, and found the only practical solution to be road-raising. As per the funding applications submitted by Mayo County Council, they estimated the total cost of the works to be in the order of €300,000, comprising an estimate of €280,000 to undertake road-raising together with the construction of a retaining wall and the installation of balanced drainage, and €20,000 in respect of a study. Road-raising is primarily a matter for Mayo County Council, and as such the OPW Minor Works Scheme does not provide funding for works of this nature.

144. Deputy Dara Calleary asked the Minister for Finance the position regarding a flood relief project in County Mayo (details supplied). [9451/11]

Minister of State at the Department of Finance (Deputy Brian Hayes): The Office of Public Works (OPW) has completed a survey of the area concerned, and is currently examining two alternative options aimed at providing flood protection in the town. The economic and technical viability of these options is currently being assessed by the OPW. If an option is deemed viable, the National Parks & Wildlife Service, Mayo County Council and landowners will be consulted to establish whether it can be taken forward.

Illicit Trade in Tobacco Products 145. Deputy Seán Kenny asked the Minister for Finance the quantity of cigarettes and other tobacco products seized by Customs in Dublin Port and Dublin Airport for each year since 2007 and to date in 2011. [9460/11]

146. Deputy Seán Kenny asked the Minister for Finance the amount of cash seized by Cus- toms in Dublin Port and Dublin Airport for each year since 2007 and to date in 2011 and the amount of cash that has been returned to the Exchequer. [9461/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 145 and 146 together.

162 Questions— 3 May 2011. Written Answers

I am advised by the Revenue Commissioners that the following tables represent the amounts of cigarettes and tobacco products seized by Revenue in Dublin Port and Airport for each year since 2007 and to date in 2011.

Dublin Airport

Cigarettes Tobacco

2007 38,825,920 788.20 KGM 2008 37,890,477 1,685.76 KGM 2009 32,305,432 2,685.51 KGM 2010 24,091,486 1,062.72 KGM 2011 to 31/3/2011 6,349,439 379.99 KGM

Totals 139,462,754 6602.18 KGM

Dublin Port

Cigarettes Tobacco

2007 21,943,439 115.40 KGM 2008 71,830,348 164.22 KGM 2009 47,451,795 6,519.72 KGM 2010 73,118,582 156.95 KGM 2011 to 31/3/2011 19,903,477 28.25 KGM

Totals 234,247,641 6984.54 KGM

Totals

Cigarettes Tobacco

2007 60,769,359 904 KGM 2008 109,720,825 1,850 KGM 2009 79,757,227 9,205 KGM 2010 97,210,068 1,219 KGM 2011 to 31/3/2011 26,252,916 408 KGM

Totals 373,710,395 13,576 KGM

I am advised by the Revenue Commissioners that the following tables represent the amounts of cash seized by Revenue at Dublin Port and Airport, and the amounts of cash that have been forfeited to the Exchequer. The Dublin cash seizures still under investigation represent €2,217,911.

Cash Seizures

Year Airport Port Total

2007 304,397 — 304,397 2008 2,776,770 — 2,776,770 2009 718,348 297,245 1,015,593 2010 832,552 68,660 901,212

163 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] Year Airport Port Total

2011 185,295 — 185,295

Total 4,817,362 365,905 5,183,267

Cash Forfeitures

Year Airport Port Total

2007 30,889 7,939 38,828 2008 243,432 26,267 269,699 2009 379,623 — 379,623 2010 1,919,665 26,775 1,946,440 2011 236,088 — 236,088

Total 2,809,697 60,981 2,870,678

Banking Sector Regulation 147. Deputy Eoghan Murphy asked the Minister for Finance his views on the development or redevelopment of branch offices by Bank of Ireland and AIB; if he will provide detail of such work and money allocated in 2010, 2011 and 2012 and if he intends to put a stop to any such plans in relation to the significant restructuring of the bank which is currently under way. [9539/11]

Minister for Finance (Deputy Michael Noonan): The Government operates at arms’ length from the banks and does not become involved in these types of operational matters. I do not have any views on the development or redevelopment of branch offices by the banks mentioned and I do not consider it appropriate to get involved in these matters. I might add that I have already received representations in relation to a redevelopment in the Deputy’s constituency and advised the representor accordingly.

Tax Code 148. Deputy Eoghan Murphy asked the Minister for Finance his views regarding the proposal (details supplied) to use changes in the application of VAT on those visiting the country as a short-term method of increasing tourism numbers. [9540/11]

Minister for Finance (Deputy Michael Noonan): Irish VAT law is governed by the EU VAT Directive. Articles 146 and 147 of this Directive provide for a scheme whereby persons from outside the EU can claim a refund on VAT charged to them on any goods purchased here that are brought outside the Community. This is known as the retail export scheme. The scheme specifically applies to goods and not services, and refunds can be obtained only on purchases of goods, such as souvenirs, gifts etc., bought for non-business purposes, which the tourist or traveller brings with them when leaving the EU. No refund can be obtained for goods that remain in Ireland, or for any services, such as hotel accommodation, car-hire or restaurant meals. For the refund to apply, the goods must be taken outside of the European Union by the purchaser. The basic principle is that the goods are treated as exports and are not consumed 164 Questions— 3 May 2011. Written Answers in the European Union. In this context, EU VAT law does not allow for a scheme as outlined by the Deputy.

National Asset Management Agency 149. Deputy Eoghan Murphy asked the Minister for Finance further to Parliamentary Ques- tion No. 76 of 5 April 2011, if he will provide a summary of those areas or issues he understands that the provision in the National Asset Management Agency Act 2009 to contribute to the social and economic development of the State will apply to. [9541/11]

Minister for Finance (Deputy Michael Noonan): NAMA has a commercial remit and its overriding objective is to generate a return for the taxpayer. However, within the context of its commercial remit and consistent with section 2 of the National Asset Management Agency Act 2009, NAMA is at all times open to considering proposals aimed at contributing to broader social and economic objectives. This includes facilitating public bodies in the creation of vibrant sustainable communities. The NAMA Board has also committed to giving first option to State bodies on the purchase of property which may be suitable for their purposes where these bodies have requirements such as schools, parks, and so on. NAMA assures me that it will play a key social and economic role by regenerating activity in the property market through its asset sales strategy and through its provision of liquidity to the banks in the form of NAMA securities which can be used as collateral for funding. Indeed, I understand that both the Minister for Housing and Planning and officials of the Department of Environment, Heritage and Local Government have had discussions with NAMA on the issue of social and affordable housing in order to explore potential solutions which would enable such housing to be provided on a commercial basis. NAMA has also engaged with the Minister and with the Department on the issue of unfinished housing estates.

Programme for Government 150. Deputy John McGuinness asked the Minister for Finance the specific proposals in the Programme for Government for which he is responsible; the target dates which he has agreed in relation to the delivery of these proposals; and if he will publish an implementation schedule. [9585/11]

Minister for Finance (Deputy Michael Noonan): I refer the Deputy to the Statement of Common Purpose in the Government Programme in which we indicate that we will get the economy moving, restore confidence, fix our banking system and support the creation and protection of jobs. We further indicate that the success of our economic plans will lay the foundation for the rest of our agenda for change. The Government share collective responsibility for the achievement of these over-arching objectives. As regards priorities in my particular area of responsibility, these include actions to tackle the banking issue, the forthcoming Jobs Initiative, matters relating to the establishment of the Department of Public Expenditure and Reform, the bringing forward of fiscal reform, the pricing of the EU/Euro area assistance under the EU/IMF Programme of Support and the formal review of that Programme. In relation to that Programme, as you know the Government recently successfully completed the Review Mission. I can assure the Deputy that my aim is to make as much progress as possible as quickly as possible in relation to each of these areas.

Banking Sector Regulation 151. Deputy Joe McHugh asked the Minister for Finance the fees that were attached to the

165 Questions— 3 May 2011. Written Answers

[Deputy Joe McHugh.] credit guarantee scheme introduced in September 2008; the measures that were put in place to ensure banks were not and are not paying bonuses or dividends at the expense of taxpayers and at the expense of repaying taxpayers; the measures being used to ensure that the taxpayer is adequately compensated for the support provided; and if he will make a statement on the matter. [9615/11]

Minister for Finance (Deputy Michael Noonan): The Credit Institutions (Financial Support) Scheme 2008 (CIFS) provided that each covered institution pay a charge to the Exchequer for its guarantee. The sum of €760,467,567 was paid into the Exchequer on 28 October 2010 in respect of all fees and interest accumulated under the Credit Institutions (Financial Support) Scheme which terminated on 29 September 2010. Including payments received under the Eli- gible Liabilities Guarantee Scheme (ELG), over €1.3 billion has been transferred to the Exchequer as at October 2010 as a consequence of the support provided by the State and taxpayer. A further sum of over €591,000,000 has been received in fees under ELG from the participating institutions since 28 October 2010. Fees for the CIFS were originally calculated to compensate the State for the cost of the Guarantee. Fees for ELG, which are higher, were calculated on a basis that included market ratings of risk. The Deputy will be aware that since the introduction of the Guarantee in September 2008 there have been a number of Government backed initiatives which impact on the operational environment and place specific restrictions and limitations on the covered institutions in relation to the payment of dividends, and also the payment of bonuses to their senior management and staff. I refer to the publication of the CIROC Report in March 2009 and the subscription agreements for the recapitalization of Bank of Ireland and AIB, and the nationalisation of Anglo Irish Bank, and the later capital injections by Government in support of the EBS Building Society and Irish Nationwide Building Society. An important feature of the Credit Institutions (Stabilisation) Act 2010 is the provision which will stem the payment of bonuses for those banks receiving State support by way of capital investment by the Government. Paragraph 48 of the CIFS provided that a covered institution shall comply with rules governing the declaration and payment of dividends made by the Mini- ster after consultation with the Governor and the Regulatory Authority. The Deputy is no doubt also alluding to the termination payment to the former CEO of AIB in his question. I am extremely unhappy about this payment to the former Chief Executive. My officials are in ongoing correspondence with the bank about the payment investigating the circumstances of this payment including whether the bank was contractually obliged to make the payment or whether it could have been avoided. The investigation will also ascertain at what level the package was approved and whether any further action should be taken in relation to the issue. This is a complicated legal situation and I do not want to say more about it at this stage. I hold the view that as much information as possible on this type of issue should be made available to the public and will ensure that this happens at the appropriate time. I think it is important to point out however a key element of the Credit Institutions (Stabilisation) Act 2010 is that it allows me as Minister for Finance to impose conditions when providing State support to an institution. This provision has been used to prohibit the payment of performance related bonuses at AIB in December 2010.

Tax Code 152. Deputy Robert Dowds asked the Minister for Finance his plans to abolish mortgage interest relief for first time buyers in June 2011; and if he will make a statement on the matter. [9619/11]

166 Questions— 3 May 2011. Written Answers

176. Deputy Aengus Ó Snodaigh asked the Minister for Finance the date on which mortgage interest relief for first time buyers in 2004-2008 will be increased as stated in the programme for Government. [9781/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 152 and 176 together. There is a commitment in the Programme for Government to help homeowners in distress to weather the recession. The Government will examine a number of proposals in relation to this commitment. One of these proposals relates to increasing mortgage interest relief to 30% for First Time Buyers who bought between 2004 and 2008 and to finance this in part by abolishing mortgage interest relief for new buyers from June 2011. When this proposal has been thoroughly examined and analyzed and the findings and recommendations are presented to me, I will decide on the appropriate action to be taken. However, it is unlikely that any measures will be introduced before Budget 2012.

Interest Rates 153. Deputy Seán Fleming asked the Minister for Finance in respect of the EU-International Monetary Fund Programme for Assistance, if a moratorium on interest payments was agreed as part of this deal and the period of this moratorium; the year in which interest charged will have to be paid; if this rolled up interest was in addition to the amounts to be provided by the EU and IMF or was it to be part of the overall assistance package; if he will outline the effect of a 1% reduction in interest rates on the actual payments to be made each year under this deal as originally drawn up notwithstanding the actual draw down of funds would vary depending on requirements; and if he will make a statement on the matter. [9673/11]

154. Deputy Seán Fleming asked the Minister for Finance in respect of the EU-International Monetary Fund Programme for Assistance, if he will set out in tabular form the interest charge in 2011 and the actual interest to be paid in 2011 in respect of the draw downs to date, namely, €8.373 billion from the EFSM, the €5.836 billion from the IMF and the €3.592 billion from the EFSF, totalling €17.801 billion and the estimated interest charge in 2011 and estimated actual interest to be paid in 2011 in respect of funds projected to be drawn down during the remainder of the year; and if he will outline the position for each year for the remainder of the agreement; and if he will make a statement on the matter. [9674/11]

166. Deputy Michael McGrath asked the Minister for Finance the position regarding efforts to secure a reduction in the interest rate attached to the Ireland EU-IMF-ECB Programme; and if he will make a statement on the matter. [9745/11]

167. Deputy Michael McGrath asked the Minister for Finance if he will provide details of the technical basis of the calculation of the various interest rates attached to the separate elements of the Ireland EU-IMF-ECB Programme and the way he plans to achieve a reduction in the various rates for Ireland. [9746/11]

168. Deputy Michael McGrath asked the Minister for Finance the amount of money, on full drawdown of the expected €74 billion of the €85 billion loan facility, that will be saved each year by a 1% reduction in the interest rate attached to the Ireland EU-IMF-ECB Programme; and if he will make a statement on the matter. [9747/11]

167 Questions— 3 May 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 153, 154 and 166 to 168, inclusive, together. There is a general appreciation at European level of the importance of debt sustainability considerations in the pricing of EU and euro area financial assistance loans to member states. In this regard, the Heads of State or Government of the euro area decided on 11 March last that the “pricing of the EFSF (loans) should be lowered to better take into account debt sustainability of the recipient countries, while remaining above the funding costs of the facility, with an adequate mark up for risk, and in line with IMF pricing principles”. The European Council also decided that the interest rate on the loans to Greece will be adjusted by 100 basis points. The position in relation to the pricing of Ireland’s loans was considered in the context of wider political discussions but the Council did not take any decision on the matter. The pricing of Ireland’s loan is being pursued vigorously by myself and my Department at European level. A decision on this is expected to be made by Eurogroup and ECOFIN Ministers. It is being addressed through that forum. However, every opportunity to present our case on the interest rate is being taken. It is not possible at this stage to provide definitive estimates on the level of savings which would arise if reductions were agreed in the pricing of the EU loans to Ireland. However, I understand from preliminary analysis undertaken by the NTMA that a 1% target reduction in the interest rate could yield overall savings of the order of €725 million over the life of the €12.6 billion European Financial Stabilisation Mechanism (EFSM) and European Financial Stability Facility (EFSF) loans which have been drawn down so far. The estimated equivalent annual savings would be approximately €130 million. I emphasise that these estimates are based on the amounts drawn down to date. The actual savings that would arise from any interest rate reduction secured would depend on the total amount of funds drawn down from the EFSM and the EFSF and on the maturity profile of any such loans. The total amount of funding available from the EU and the IMF is €67.5 billion, €45 billion of which comes from the EU through the EFSM, the EFSF and the bilateral loans. For illustrative purposes, the saving arising from a 1% reduction on the interest rate charged on the full €45 billion available from EU sources would be €450 million for each full year borrowed. If this €45 billion was held for an average 7.5 years, i.e. the term envisaged in the programme, the total saving would amount to €3.375 billion. There is no moratorium on interest payments on any part of the funding agreed under the EU-IMF programme. As regards the interest rates Ireland is paying, the average (blended) interest rate on the €67.5 billion available to be drawn from these three external sources was estimated to be 5.82% on the basis of market rates at the time of the agreement. The actual cost will depend on the prevailing market rates at the time of each drawdown and could be higher if market rates have deteriorated. The average life of the borrowings, which will involve a combination of longer and shorter dated maturities, is 7.5 years. The interest on Ireland’s borrowing from the EFSM is based on the cost to the EFSM of raising funds in the markets plus a margin of 2.925%. In the case of the EFSF, the cost of funds for Ireland is based on the cost to the EFSF of raising funds in the markets plus a margin of 2.47%, plus the cost of credit enhancement features which can vary over time but which amounted to 0.54% on the loan drawn down from EFSF on 1 February 2011. Interest on borrowings from the IMF will be paid quarterly at the IMF’s standard interest rate applying to countries which draw on its Extended Fund Facility. This rate is set by reference to the IMF’s basic rate of charge plus surcharges, which vary based on the amount of funds drawn relative to a country’s IMF quota and the duration for which funds are outstanding. The Special Drawing Rights interest rate, which is expressed as an equivalent annual bond yield, is

168 Questions— 3 May 2011. Written Answers calculated weekly by the IMF with reference to financial instruments of the component currenc- ies in the Special Drawing Rights basket: the three-month Eurepo rate; the three-month Japanese Treasury Discount bills; the three-month UK Treasury bills; and the three-month US Treasury bills. Up to a threshold of three times a country’s IMF quota, as determined by the IMF, a margin of 1% over the SDR rate is payable. On all funds beyond that threshold, an additional margin of 2% is payable plus a further margin of 1% if the funds are outstanding for more than three years. In view of this calculation method, the annual interest cost is variable. The annual interest amount will be known with certainty when the full year interest payments have been made. Based on current market conditions, the NTMA has estimated an effective average annual interest rate cost for borrowing from the IMF of around 5.20%, taking into account quota revisions and the cost of hedging and assuming drawdown of the full €22.5 billion available from the IMF. The interest rate for the UK loan will be the 7.5 year sterling swap rate plus a margin of 2.29%. Discussions on the Swedish and Danish loan agreements are continuing and the interest rate to be charged forms part of the discussions. The interest rates and actual interest to be paid in 2011 in respect of draw downs to date is set out in the following table:

Net Draw down Maturity Interest Rate First Coupon Interest Disbursement Date Profile (Effective) date payable in 2011 amount

€billion % € million

EFSM 4.973 12 Jan 2011 4 years 11 5.51 5 Dec 2011 243 months 3.4 24 March 2011 7 years 6.206 4 April 2012 n/a 1 = IMF 5.836 18 Jan 2011 7 2 years 1.92 SDR Quarterly 253 average life 5.2% €* EFSF 3.592** 1 Feb 2011 5 years 6 5.9 18 July 2011 95 months

Total 17.801*** 5.62**** 591 *The SDR rate on the IMF drawdown reflects the lower rate arising from our recent quota increase. It is lower than the overall indicative rate for this funding as it is the initial drawdown and accordingly a portion of the drawdown attracts a lower rate of interest as it is less than 3 times quota. An additional surcharge is added for any borrowing in excess of 3 times quota that is outstanding for more than three years. The 5.2 % euro rate shown is the estimated equivalent rate at current market rates and taking account of an expected future increase in Ireland’s IMF quota when the full amount of the SDR floating rate funds available under the Programme is swapped into euro fixed rates. **This is the net disbursement amount. The drawdown under the EFSF is €4.2 billion but some €600 million of this is applied to credit enhancement measures, leaving €3.592 billion available for the Exchequer. ***This is the net disbursement amount. Taking account of the €600 million in credit enhancement measures in the EFSF funding, the total drawdown amount is €18.4 billion. ****The effective interest rate on the total amount is calculated using the 5.2% euro equivalent interest rate shown above for IMF funding.

The interest payments and interest rates for the remaining disbursements in 2011 and later disbursements will not be known until the money is actually drawn down as the amount of interest payable is determined by both the timing of the first coupon payment and the interest rate at which the loan is issued. As stated in a reply to a parliamentary question on 20 April last, the profile of drawdowns for the external funding is subject to ongoing review. Following the recent review mission, a revised schedule is being discussed by the NTMA, the EU, the ECB and the IMF. This profile will be published when it is finalised. I expect this to take place shortly. The actual level of drawdown will depend on a wide range of factors including economic growth and the performance of the public finances under the EU-IMF Programme. 169 Questions— 3 May 2011. Written Answers

Tax Code 155. Deputy Thomas P. Broughan asked the Minister for Finance if he has liaised with the Department of Foreign Affairs in terms of including in the forthcoming jobs initiative the commitment in the programme for Government to cut the 13.5% rate of VAT to 12% up to 2013 to assist exporters; and if he will make a statement on the matter. [9680/11]

Minister for Finance (Deputy Michael Noonan): The Government has committed in the Programme for Government to lower the reduced rate of VAT up to the end of 2013. Details of this measure will be introduced in the forthcoming jobs initiative.

Banking Sector Regulation 156. Deputy Richard Boyd Barrett asked the Minister for Finance the process under which the Central Bank contracted the Boston Consulting Group, Barclay’s Capital and BlackRock Solutions to conduct the stress tests on the Irish banking system; if he will address, in particular, the reasons BlackRock Solutions was hired; the amount it was paid and the tendering process it undertook. [6900/11]

Minister for Finance (Deputy Michael Noonan): The Central Bank of Ireland is not Exchequer funded. This matter is the responsibility of the Central Bank Commission. The Minister for Finance had no role in the matter. The Central Bank has informed me that in light of the requirement under the EU-IMF programme to use consultants under a very tight deadline for urgent financial stability purposes, it was not possible to apply normal tender processes. However, expert firms were selected from a larger list. The Central Bank invited those firms to tender and those able to provide submissions at short notice were reviewed. A selection panel, including a Central Bank appointed risk adviser, was used to assess presentations from firms. Firms were also asked to provide fee estimation and were then selected. Firms were chosen on the basis of their expertise and knowledge, with each having a specific role in specified areas. BlackRock is a leading global provider of investment and risk advisory services to public and private clients. It was commissioned to leverage its extensive expertise to provide a bottom- up loan loss forecast for the Irish banks in both a base case and a stress scenario over the next three years and lifetime. Barclays Capital provided expert advice on banking sector reorganisation and deleveraging issues. The Boston Consulting Group provided project management resources across the Financial Measures Programme, assessed the loan loss forecasting exercise and contributed to expert advice for the PCAR and PLAR. The Central Bank has informed me that final cost is expected to be in the region of €30 million, including VAT. It is important to note that these costs relate to the three firms and third party subcontractors. The costs also cover additional work that is being carried out during the second quarter of 2011 in relation to the assessment of INBS loan losses and review of Anglo loan loss methodologies. Details of all firms, including third party subcontractors are available in the Central Bank’s Financial Measures Programme Report, which is available at www.financialregulator.ie/industry- sectors/credit-institutions/Documents/The%20Financial%20Measures%20Programme% 20Report.pdf.

National Asset Management Agency 157. Deputy Richard Boyd Barrett asked the Minister for Finance if BlackRock Solutions or, any of its subsidiaries, manages any assets for the National Asset Management Agency in view of the conflict of interest between its current role and its position as the world’s largest

170 Questions— 3 May 2011. Written Answers assets management agency; and if it has given the State a guarantee not to become a client of NAMA in the future [6901/11]

Minister for Finance (Deputy Michael Noonan): The Central Bank engaged BlackRock Sol- utions, an international firm with a strong reputation in the market for its capabilities in assessing losses in credit portfolios, to assist it in its Prudential Capital Assessment Review and Prudential Liquidity Assessment Review. The results of both exercises were announced last month. I understand BlackRock Solutions and its subsidiaries neither are, nor have been, service providers to NAMA. As with any other potential service provider, BlackRock Solutions is not precluded from responding to any public procurement tenders that may be issued in future by NAMA. However, under section 45 of the National Asset Management Agency Act, as part of its contractual arrangements with service providers NAMA is obliged to seek to ensure that each service provider makes every effort to avoid or manage conflicts of interest and to declare any such conflict to the agency.

Banking Sector Regulation 158. Deputy Richard Boyd Barrett asked the Minister for Finance the position regarding the crisis in Irish Life and Permanent and his response to same; and if he will make a statement on the matter. [6902/11]

Minister for Finance (Deputy Michael Noonan): I understand the Deputy’s question relates to Irish Life and Permanent’s sale of its insurance subsidiary, Irish Life Assurance. The Deputy will be aware from my statement of 31 March 2011 on banking matters that in order to satisfy the Central Bank of Ireland’s capital requirements, Irish Life and Permanent must raise substantial equity capital and will require a significant restructuring of its business. The management of Irish Life and Permanent will produce a detailed capital plan to me shortly. However, the basic elements of the plan are clear and are reflected in the deleveraging plans it agreed with the Central Bank. Irish Life will immediately commence a process to sell Irish Life Assur- ance as well as other non-banking assets. As I informed the House previously, the life division of ILP is profitable. However, it is backing up an impaired banking system. It is being put on the market as a profitable insurance company and unless it is severed from the impaired bank, it will be contaminated by the banking system.

Public Sector Staffing 159. Deputy Robert Troy asked the Minister for Finance if he has considered extending the paid career breaks in the public service. [9723/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy will be aware, the Special Civil Service Incentive Career Break Scheme 2009 was introduced as a once-off measure in the Supplementary Budget on 7 April 2009. The measure was extended to staff in different areas of the public service, including the local government sector and the HSE. The closing date for participation in this scheme has expired and there is no current proposal to extend this scheme.

State Agencies 160. Deputy Michael McGrath asked the Minister for Finance if he will provide details of the proposed pay review among the commercial semi-State sector and State agencies; if the review will encompass all employees of such bodies; the person who will conduct the review; the terms of reference; when the review is expected to be completed; and if he will make a statement on the matter. [9738/11]

171 Questions— 3 May 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): The agreement of the relevant Minister and the Minister for Finance is, under various statutes, required in relation to the remuneration of all employees of non-commercial State bodies and agencies and the remuneration of CEOs of commercial State companies. There are no such statutory provisions in relation to the remuneration of other staff in commercial State companies. The current arrangement for setting the remuneration of these CEO posts is based on comparative analysis with posts in the private sector. The last such review took place in 2007. I understand my colleague, the Minister, Deputy Howlin, intends to give further consideration as to how best to effect reductions in the remuneration of CEOs of commercial State companies and agencies — while acknowledging that there may be contractual issues in relation to current incumbents — and to bring proposals on the matter to the Government shortly.

Question No. 161 answered with Question No. 68.

Tax Code 162. Deputy Michael McGrath asked the Minister for Finance the cost to the Exchequer in 2010 and the expected cost in 2011 of providing income tax relief on pension contributions under existing legislation; the amount the corresponding figures would be if all pension contributions only attracted tax relief at the lower 20% rate; and if he will make a statement on the matter. [9740/11]

Minister for Finance (Deputy Michael Noonan): The table below provides a breakdown of the estimated cost of tax and PRSI reliefs relating to private pension contributions for 2008. I am informed by the Revenue Commissioners that 2008 is the year for which the most up-to- date data is available. Figures have been rounded where appropriate.

Estimate of the cost of tax and PRSI reliefs on private pension Estimated cost Numbers* contributions 2008.

€million

Employees’ Contributions to approved Superannuation Schemes 655 792,600 Employers’ Contributions to approved Superannuation Schemes 165 362,700** Estimated cost of exemption of employers’ contributions from employee BIK 595 362,700 Retirement Annuity Contracts (RACs) 353 116,000 Personal Retirement Savings Accounts (PRSAs) 74 53,900 Estimated cost of PRSI and Health Levy relief on employee contributions 255 Not available *Numbers as included in P35 returns from employers to Revenue for 2008. Figures are as verified to date but may be subject to revision. **Numbers of employees for whom employers are contributing to occupational pension funds as included in P35 returns to Revenue for 2008. Figures are as verified to date but may be subject to revision.

I am advised by the Revenue Commissioners that while corresponding updates of the cost figures are not yet available for the 2009 tax year, the necessary work of assembling the basic data to enable this to be done is ongoing. No data is available for 2010 or 2011. As regards reducing tax relief to the standard rate of 20%, I assume the Deputy is referring to individual pension contributions, the tax relief on which is allowed at the taxpayer’s marginal tax rate — the standard or higher rate of income tax as appropriate in each case. A breakdown of the cost of tax relief on employee contributions to occupational pension schemes is not available by income tax rate, as tax returns by employers to the Revenue Commissioners of employee contributions to such schemes are aggregated at employer level. An historical breakdown is 172 Questions— 3 May 2011. Written Answers available by tax rate of the tax relief claimed on contributions to personal pension plans — retirement annuity contracts and personal retirement savings accounts — by the self-employed and others, to the extent that the contributions have been included in the personal tax returns of those taxpayers. The latest full historical data available in this regard is in respect of the tax year 2008. There is, therefore, no statistical basis for providing definitive figures. However, by making certain assumptions about the available information, it is estimated that the full-year yield to the Exchequer from confining tax relief to the standard rate of 20% in respect of individual contributions to occupational pension schemes, retirement annuity contracts and personal retirement savings accounts would be approximately €500 million.

163. Deputy Michael McGrath asked the Minister for Finance his plans to progressively reduce the tax relief on pension contributions during the period 2012 to 2014 in line with the previous Government’s national recovery plan 2011-14; and if he will make a statement on the matter. [9741/11]

Minister for Finance (Deputy Michael Noonan): The gradual reduction from marginal to standard rate tax relief on pension contributions commencing in 2012 forms part of the fiscal consolidation measures in the agreement with the EU, IMF and the ECB over the period 2011 to 2014. The Government has initiated a Comprehensive Review of Expenditure to provide it with a set of decision options to meet the overall fiscal consolidation objectives and realign spending with the programme for Government priorities. The review is due to be completed by the end of September 2011. When this review is complete, the Government will examine the findings. Based on the findings and in consultation with the EU, the IMF and the ECB, it will introduce fiscally neutral changes to the detail of the EU-IMF programme of financial support for Ireland while maintaining the overall commitment to fiscal consolidation. The scope for any change to the proposed standard rating of tax relief on pension contributions will be examined in that context.

164. Deputy Michael McGrath asked the Minister for Finance the position regarding the planned economic assessment of certain property-based tax reliefs; when the review will commence; the person who will carry out the review; when the review will be completed; and if he will make a statement on the matter. [9742/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy will be aware, the programme for Government states that the Government will “reduce, cap or abolish property tax reliefs and other tax shelters which benefit very high income earners”. A small team in my Department, in consultation with the Revenue Commissioners, is in the early stages of carrying out an economic impact assessment of possible changes to the property-based reliefs in line with the Government programme. This may need to be supplemented to a limited extent by some additional external expert advice. The results of the economic impact assessment will be considered in the context of the preparation of budget 2012.

Banking Sector Regulation 165. Deputy Michael McGrath asked the Minister for Finance if he has raised with the EU- IMF and ECB the suggestion of debt-for-equity swaps in the Irish banks as a measure to reduce the amount of recapitalisation required by the Irish taxpayer; and if he will make a statement on the matter. [9744/11]

Minister for Finance (Deputy Michael Noonan): A number of international organisations including the EU Commission and the Financial Stability Board are investigating the potential

173 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] for various forms of burden-sharing such as debt-write downs, debt-for-equity swaps and con- tingent capital. These are sometimes referred to as “bail-in” tools. No clear international consensus about the specifics of how such tools should work in practice has emerged. This international work is looking forward. Burden sharing with current bank debt holders is not being examined by these organisations. I have already indicated that the topic of burden sharing, including a debt for equity swap, for current unguaranteed senior bank debt was discussed with the EU, IMF and ECB in the context of the Government’s approach to restructuring the banking system as set out in my statement to the House on banking matters on 31 March last. In my statement. I emphasised that it is vital that the proposed three banks — Bank of Ireland, AIB-EBS, and Irish Life and Permanent — are able to operate in the market place following their reorganisation, including regaining access to normal funding mechanisms in due course. The Government therefore decided, informed by the reservations of the ECB, that these banks will not share the burden with senior bondholders of their constituent banks, whether guaranteed or unguaranteed. As the Deputy is aware, work is under way to ensure appropriate burden-sharing by subordinated bondholders in AIB, Irish Life and Permanent and Bank of Ireland. I also reiterated in my statement that it is Government policy to work out Anglo Irish Bank and Irish Nationwide Building Society in an orderly manner over time and to minimise further injections of taxpayer capital into either institution. I have made clear that should additional capital be required, the Government will consult the external partners on the timeframe and means of recapitalising those institutions at minimum cost to the taxpayer, having regard to the financial stability impacts in Ireland and abroad.

Questions Nos. 166 to 168, inclusive, answered with Question No. 153.

Infrastructural Development 169. Deputy Dessie Ellis asked the Minister for Finance his plans to introduce local labour clauses in contracts for future transport infrastructure projects. [8626/11]

Minister for Finance (Deputy Michael Noonan): Contracts relating to transport infrastructure projects, or indeed any public works projects, are governed by treaty principles and EU directives on public procurement. The provisions in the EU directives allow contracting authorities to attach social conditions to the performance of contracts, as long as they are compatible with EU law. In this regard, EU law requires that such conditions must be made known to all interested parties and cannot restrict participation by contractors from other member states. The specifying of such conditions is a matter for the contracting authority concerned, having regard to the foregoing considerations.

Corporation Tax Policy 170. Deputy Micheál Martin asked the Minister for Finance if he has prepared any documents relating to his policy on corporation tax for circulation to the Heads of State and Government of the other European Union states. [8190/11]

Minister for Finance (Deputy Michael Noonan): Corporation tax policy is a national competence. Our position on tax harmonisation is well known among our EU partners. In the circumstances, the question of preparing and circulating documents to our EU partners on our overall corporate tax policy does not arise. My Department commissioned a study from Ernst & Young economic consultants on the budgetary and economic implications for the EU and its member states of the introduction of a Common Consolidated Corporate Tax Base. That study has been made available to all our EU partners through the Department’s website.

174 Questions— 3 May 2011. Written Answers

Question No. 171 answered with Question No. 65.

Proposed Legislation 172. Deputy Micheál Martin asked the Minister for Finance if he is committed to holding a referendum to reverse the Abbeylara judgment to enable Oireachtas committees to carry out full investigations. [6661/11]

Minister for Finance (Deputy Michael Noonan): The Government is committed to holding a referendum to amend the Constitution to reverse the effects of the Abbeylara judgement and enable Oireachtas committees to carry out full investigations. This is in line with the commitment in the programme for Government. Before any amendment is prepared, there will have to be detailed consideration of the complex legal issues involved. Nevertheless, the Government is committed to holding a referendum as quickly as possible.

Register of Lobbyists 173. Deputy Micheál Martin asked the Minister for Finance if he has put in place any arrangements to restrict the lobbying of his Department by any person. [6665/11]

Minister for Finance (Deputy Michael Noonan): The Government has committed to introduce a statutory register of lobbyists and to establishing rules concerning the practice of lobbying. The Government’s published legislative programme indicated that this will be part of an Electoral Commission Bill to be published by the Minister for the Environment, Heritage and Local Government.

Departmental Bodies 174. Deputy Aengus Ó Snodaigh asked the Minister for Finance if the composition of the expert group on mortgage arrears and personal debt is to be changed; his views on whether there should be a broader range of experts and less bankers in this group. [9778/11]

Minister for Finance (Deputy Michael Noonan): The Expert Group on Mortgage Arrears and Personal Debt published its final report in November 2010. There are no plans to reconsti- tute the group.

Personal Debt 175. Deputy Aengus Ó Snodaigh asked the Minister for Finance if and when the recommendations of the expert group on mortgage arrears will be implemented and in particular the following recommendations, a mechanism should be put in place to allow repossessed borrowers to remain in their homes for a time, allowing the housing authority time to source appropriate accommodation, lenders should consider facilitating borrowers in negative equity who wish to trade down to a more affordable home and that bankruptcy legislation should be introduced. [9779/11]

Minister for Finance (Deputy Michael Noonan): The Deputy will be aware that the Mortgage Arrears and Personal Debt Expert Group produced two reports, an Interim Report which was published in July 2010 and a Final Report which was published in November 2010. Since the publication of the reports, the Central Bank has revised its Code of Conduct for Mortgage Arrears (CCMA) to reflect many of the recommendations of the Expert Group. As a result, all regulated lenders will have to have in place a standardised Mortgage Arrears Resolution Process, borrowers in arrears who co-operate with the resolution process will not be charged penalty interest charges, harassment of borrowers through unsolicited communications will be

175 Questions— 3 May 2011. Written Answers

[Deputy Michael Noonan.] outlawed and borrowers in financial difficulties but not in arrears will be allowed to come under the Mortgage Arrears Resolution Process. When a lender is determining the 12-month period it must wait before applying to the courts to commence legal action, it must exclude any time period during which a borrower complied with the terms of an alternative repayment arrangement, made an appeal to the internal appeals board or made a complaint to the Finan- cial Services Ombudsman under the CCMA. The revised CCMA was published on 6 December 2010 and came into effect on 1 January 2011. The revised CCMA can be accessed at www.centralbank.ie. Lenders are required to comply with the CCMA as a matter of law but have been given a period of six months grace ending on 30 June 2011 to put in place the requisite systems and training of staff necessary to support the implementation of the Mortgage Arrears Resolution Process. In addition, the Cen- tral Bank has also written to lenders to issue directions under section 149 of the Consumer Credit Act 1995 which will mean that lenders cannot impose arrears charges or penalty interest on borrowers who are co-operating with the resolution process. The expert group’s recommendations are intended to benefit lenders and borrowers. It is expected that lenders will co- operate and implement the recommendations or variations of them as soon as possible. Failure to comply with the revised CCMA may result in sanctions under the Central Bank’s administrative sanctions framework. The Deputy may wish to note that, in addition to the recommendations being implemented through amendments to the CCMA, other recommendations will require legislative support involving my Department and the Departments of Social Protection, Environment, Community and Local Government and Justice and Equality. In the case of my own Department, a recommendation concerning the scope and the admissibility in court of the CCMA will need further examination and advice from the Attorney General. The recommendation of the group to amend the local authority needs assessment process has been implemented by the Department of the Environment, Community and Local Government. I am informed that local authorities have been provided with clear guidance on the treatment of applicants for social housing support whose mortgages have been deemed unsustainable. I have also been informed that discussions are ongoing between the Department of the Environment, Community and Local Government and the Irish Bankers Federation to enable borrowers whose properties are to be repossessed to remain in their homes for a period of time, pending the sourcing of appropriate accommodation by the housing authority. Changes to both primary and secondary legislation will be required to implement the recommendations relating to the mortgage interest supplement scheme. I am informed that the Department of Social Protection is finalising an implementation plan that will set out a framework for the future of the mortgage interest supplement scheme. The final report of the expert group contained the following recommendation:

The Group notes that, for some mortgage holders who are in negative equity, trading down would produce a reduction in mortgage debt and more affordable monthly payments. The Group recommends that further consideration should be given by lenders to facilitating trading down by borrowers in this situation. Such options would have to meet relevant prudential standards, with appropriate controls in place and be in the customers’ best interest.

Trading down means selling a current property and buying a cheaper one. Trading down may be an option to reduce the level of mortgage repayments, resulting in more affordable monthly repayments. This recommendation is aimed at helping mortgage holders to remain as home owners while reducing their level of repayments. There will be situations in which mortgage

176 Questions— 3 May 2011. Written Answers holders in negative equity may wish to move home, for example, to take up new employment opportunities. There is merit in facilitating house moves by those in negative equity in certain situations and subject to certain criteria set down by the Central Bank. Ultimately, these are matters for lenders and for the Central Bank to decide upon. Any lender planning to provide a negative equity type product must notify the Central Bank in advance to ensure that appropriate measures and controls are taken as the Central Bank must be satisfied that such a product meets relevant prudential standards and does not lead to consumers being over exposed to debt. As regards changes to personal bankruptcy law, the legislative programme for the Depart- ment of Justice and Equality includes a Personal Insolvency Bill that will provide for a new framework for the settlement and enforcement of debt and for personal insolvency. The Bill will take into account the recommendations of the Law Reform Commission in its Report on Personal Debt Management and Debt Enforcement of December 2010. The Civil Law (Miscellaneous Provisions) Bill, is in the course of being drafted by the Department of Justice and Equality with a view to publication as soon as possible this year. It will also contain some interim measures in relation to reform of the law on bankruptcy.

Question No. 176 answered with Question No. 152.

Question No. 177 answered with Question No. 52.

Services for People with Disabilities 178. Deputy Paschal Donohoe asked the Minister for Education and Skills if the rehabilitation and training services for persons with disabilities is still available; and if he will make a statement on the matter. [9095/11]

Minister for Education and Skills (Deputy Ruairí Quinn): While people with disabilities are encouraged to avail of FÁS mainline training, in situations where clients require more intensive support FÁS contracts with 22 specialist training providers across the country, including the National Learning Network, to deliver vocational training to people with disabilities. There are currently 2,131 training places available through specialist training providers. FÁS has a total budget of €55 million in 2011 for all specialist training provider services for people with disabilities. Rehabilitative training programmes for people with disabilities are foundation level programmes which are not directly linked to the labour market. Such programmes are designed to equip participants with the basic personal, social and work related skills that will enable them to progress to greater levels of independence and integration in the community. The programmes are administered by the Health Service Executive and are delivered by the HSE itself or by non-statutory disability service providers on its behalf.

Employment Support Services 179. Deputy Patrick O’Donovan asked the Minister for Education and Skills the position regarding the implementation and distribution of funds through an organisation (details supplied); and if he will provide a breakdown of the agencies that distributed the funds and the amount distributed by each agency. [9255/11]

Minister for Education and Skills (Deputy Ruairí Quinn): My Department submitted an application in June 2009 for co-financing assistance from the European Globalisation Adjust- ment Fund (EGF) towards the cost of guidance, training, entrepreneurship and education programmes for some 2,840 workers made redundant from January 2009 at the Dell computer manufacturing plant in Raheen, County Limerick and at ancillary enterprises. It was estimated

177 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.] at that time that up to 2,400 people would avail of the supported measures. This EGF application was formally approved on 22 December 2009 by the EU budgetary authorities and an EU funds transfer of €14.8 million was duly received in my Department. The Government is providing a matching funding element of €8 million towards the cost of EGF programme measures for the relevant redundant workers. The European Commission decision states that Ireland shall use the EGF financial contribution by 28 June 2011. EGF programme funding is provided by my Department as the EGF managing authority to relevant intermediate bodies who facilitate the delivery of guidance, training, educational and enterprise supports through a range of in-house and external service providers. The relevant service providers such as FÁS, city and county enterprise boards, Vocational Education Com- mittees and higher education institutions and colleges have under the EGF co-financed programme provided over 2,500 affected persons with guidance supports and over 1,730 with per- sonalised training, education and enterprise supports. Expenditure to the end of 2010 was approximately €5 million. A number of other large claims are currently in preparation by service providers.

Employment Action Plan 180. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills the progress made towards developing a comprehensive employment strategy; the likely publication date and the steps being taken to ensure the employment situation of persons with mental health problems is adequately addressed in the strategy. [9347/11]

181. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills the progress made towards developing a comprehensive employment strategy for persons with disabilities and the likely publication date. [9348/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 180 and 181 together. Under the sectoral plan of the former Department of Enterprise, Trade and Employment, an outline for a comprehensive employment strategy for people with disabilities has been advanced in discussions with other Departments and stakeholder representatives. The further development of this strategy is the subject of ongoing discussions in a cross-sectoral group comprising relevant Departments and State agencies. The sectoral plan did not contain a commitment to publish a comprehensive employment strategy. The objective of the strategy is the provision of a continuum of supports to employment that is comprehensive across the full range and spectrum of disabilities. Its aim is to address the diversity of circumstances, needs and abilities of people with disabilities, and to enhance the operation and effectiveness of the range of FÁS supports and services for facilitating increased participation of this cohort in the labour market.

Jobs Initiative 182. Deputy Terence Flanagan asked the Minister for Education and Skills if a national internship programme for out of work graduates will be included in his jobs initiative in May 2011; and if he will make a statement on the matter. [9414/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The programme for Government contains proposals to support a jobs initiative which will provide additional places in training, work experience and educational opportunities for those who are out of work. This will include

178 Questions— 3 May 2011. Written Answers an internship scheme under the remit of the Department of Social Protection. Further details regarding the jobs initiative and an internship scheme will be announced shortly by the Government.

Employment Support Services 183. Deputy Jim Daly asked the Minister for Education and Skills the options available to a person (details supplied) in County Cork to complete the subject course and achieve their official qualification; and if he will make a statement on the matter. [9604/11]

Minister for Education and Skills (Deputy Ruairí Quinn): FÁS is implementing a number of initiatives to support registered redundant apprentices to make progress with their apprenticeships. I refer the Deputy to the reply to Question No. 66 of 30 March 2011 in that regard. The progression possibilities for any specific apprentice in his or her own particular circumstances are operational matters for FÁS.

Electioneering in Schools 184. Deputy Brendan Smith asked the Minister for Education and Skills if he will consider a ban on the distribution of electioneering material in all schools; and if he will make a statement on the matter. [9030/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I assure the Deputy that I share the concern implicit in his question regarding the distribution of electioneering material in schools. It is my view that the dissemination of such material through the school system is highly inappropriate. I will be raising this matter with my officials to consider how best to address this in the future.

School Accommodation 185. Deputy Dan Neville asked the Minister for Education and Skills when funding will be available for additional accommodation for a school (details supplied) in County Limerick; and if he will make a statement on the matter. [9039/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under the criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Under this system, band 1 is the highest priority rating and band 4 is the lowest. Documents explaining the band rating system are also available on my Department’s website. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a band 2.2 rating, reflecting the fact that the deficit in mainstream accommodation represents a significant proportion of the school’s overall needs. The forward planning section of my Department has identified 43 priority areas throughout the country where significant additional accommodation will be required at primary and post- primary level in the medium term. Factors considered included population growth, demographic trends, current and projected enrolments, recent and planned housing developments and capacity of existing schools to meet demand for places. The area to which the Deputy refers has not been included on this list. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered

179 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.] in the context of my Department’s multi-annual school building and modernisation programme. At that point, options to meet the schools needs will be considered further. Information in respect of the current school building programme, along with all assessed applications for major capital works, including the project referred to by the Deputy, is now available on my Depart- ment’s website, www.education.ie. 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.

Special Educational Needs 186. Deputy Ciarán Lynch asked the Minister for Education and Skills if he will confirm that special needs assistants and resource teaching hours will not be reduced and will be available to schools commensurate with the requirement for 2010/11; if the request submitted by a school (details supplied) in County Cork for special needs assistant and resource teaching hours will be granted; and if he will make a statement on the matter. [9044/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I wish to advise the Deputy that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and SNAs to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. This includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts. This number is 10,575 whole-time equivalent posts. This is a significant number of posts and unlike other areas of the public sector vacancies are being filled up to this number. It also represents continual increases in the number of SNAs over recent years. For example, there were 10,543 whole-time equivalent SNA posts in place at the end of 2010 and 10,342 at the end of 2009. It is considered that with equitable and careful management and distribution of these resources, there should be sufficient posts to provide access to SNA support for all children who require such care support to attend school, in accordance with departmental criteria. The NCSE has issued a circular to all schools advising of the allocation process for the 2011- 12 school year. A key feature of the amended scheme will be to provide for an annual allocation of Special Needs Assistant support to eligible schools. The NCSE asked schools to submit all applications for SNA support to them by 18 March 2011 and intends to inform schools of their annual SNA allocation as soon as possible, in advance of the coming school year. My Depart- ment and I will be glad to consider any suggestions from school management or parent representative organisations as to how the allocation of SNA resources can best be managed within the context of the overall limit on SNA numbers established. In this regard I am committed to making whatever improvements are possible to the resource allocation system. In respect of the allocation of resource teaching hours, the Department of Education and Skills is required to ensure that the overall allocation of teaching posts does not exceed the targets set out in the Government’s employment control framework. The Department had planned for a certain amount of increased growth in teacher numbers across the school sector in 2011, in line with increased demographic growth. In respect of resource teaching hours for children with special educational needs, allowance was made for growth in 2011 over and above normal demographic increase levels. In 2010, the total number of whole-time equivalent posts provided for resource hours teaching, including under the general allocation model, was approximately 9,600 whole-time equivalent posts. By comparison, approximately 9,950 whole- time equivalent posts are provided for 2011. There has therefore not been a reduction in the overall number of resource hours or posts being provided for in 2011.

180 Questions— 3 May 2011. Written Answers

The Department of Education and Skills asked the National Council for Special Education (NCSE) to provide data on the numbers and rate of application for additional resource teaching hours to date this year so that this information can be considered in the context of the Depart- ment’s employment control framework obligations. The NCSE has also been asked to pause sanctioning additional resource teaching support hours to allow for collection and consideration of this data by the Department, in conjunction with the NCSE. This is a temporary suspension of the allocation process in order to allow for consideration and analysis of this issue prior to any decisions being made. The NCSE has issued a circular to schools advising them that the final date for schools to submit any outstanding completed applications for resource teaching supports is 13 May 2011. On receipt of all outstanding applications, the Department and the NCSE will be in a position to consider resource allocation for the coming school year, in the context of the Department’s employment control framework obligations. Schools will be notified of their allocations as soon as possible. In the interim, children who are eligible for resource or learning support teaching can receive this tuition through the existing learning support provision in schools, either though the general allocation model or existing learning support provision.

Third Level Admissions 187. Deputy Pádraig Mac Lochlainn asked the Minister for Education and Skills the reason, when currently 60% of university places in the Twenty-six Counties are held for Irish students, a student from the North, even with an Irish passport, is not recognised as qualifying within that 60% figure and, in view of the Good Friday Agreement which allows persons in the north to hold an Irish passport, the reason they are not considered Irish by the universities in the Twenty-six Counties. [9055/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The selection of students for entry to higher education is a matter for the institutions which are responsible for determining entry and admissions criteria in accordance with their statutory autonomy in academic affairs. Places on full-time undergraduate courses are allocated by the universities through the Central Appli- cations Office which manages the process on their behalf. Places are allocated through a competitive points system which, in general, ranks candidates on the basis of results achieved in the Leaving Certificate Examination or an equivalent school leaving examination. All EU candidates applying for places in Irish universities are required to be treated equally and my Department is not aware of any operation of a 60% quota of places reserved for Irish students.

School Enrolments 188. Deputy Terence Flanagan asked the Minister for Education and Skills the position regarding a school transfer in respect of a person (details supplied) in Dublin 5; and if he will make a statement on the matter. [9059/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The enrolment of a child in a school is a matter in the first instance for the parents of the child and the board of management of the school. My Department has no role in processing applications for enrolment to schools. The National Educational Welfare Board (NEWB) is a statutory agency that can assist parents who are experiencing difficulty in securing a school place for their child. The NEWB will try to help parents to find an alternative school placement if their child is on a waiting list or has been unable to secure a school placement to date. The NEWB can be contacted at National Educational Welfare Board, National Headquarters, 16-22 Green Street, Dublin 7 or by telephone at 01-8738700. The Deputy may also be aware that the National Council for Special Education is responsible for the provision of a range of educational services at local and

181 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.] national level for students with special educational needs. In particular, its network of Special Education Needs Organisers (SENOs) co-ordinates special needs education provision at local level and arranges for the delivery of special educational services. Each SENO acts as a single point of contact for parents of students with special educational needs. Another specific function of the SENO is to identify appropriate educational placements for children with special educational needs. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child’s special educational needs, using the contact details available on www.ncse.ie.

Special Educational Needs 189. Deputy Terence Flanagan asked the Minister for Education and Skills the position regarding the reduction of teachers in schools (details supplied) in Dublin 17; if these teachers will be reinstated; and if he will make a statement on the matter. [9060/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The decision to remove resource teachers for Travellers from schools was one of the measures taken by the previous Fianna Fáil — Green Party Government in the last budget. I do not intend to revisit the decision of the previous Government to withdraw resource teacher for Traveller posts. The Deputy will understand the economic situation means difficult decisions have had to be taken. The requirements to make expenditure savings and ensure staffing numbers remain within the public service employment control framework prevent me from revisiting this decision. Both of the schools referred to by the Deputy are DEIS schools and are in receipt of enhanced pupil- teacher ratios. In respect of such DEIS schools, for the 2011-12 school year, Traveller pupils will be included in the valid enrolment for the purpose of allocating additional staffing under DEIS. The schools involved will have already received their staffing allocations for next year, taking into account this adjustment. These decisions broadly reflect the recommendations in the report and recommendations for a Traveller education strategy that an integrated, collaborative and in-class learning support system should be adopted for all children, including Travel- lers, with an identified educational need. The strategy aims to enhance access, attendance, participation and engagement for Travellers and is underpinned by the principles of inclusion and mainstreaming with an emphasis on equality and diversity.

Computerisation Programme 190. Deputy Terence Flanagan asked the Minister for Education and Skills the position regarding a computer grant in respect of a school (details supplied) in Dublin 5; and if he will make a statement on the matter. [9064/11]

Minister for Education and Skills (Deputy Ruairí Quinn): As the Deputy may be aware, integrating ICT into teaching and learning in schools is a major priority for this Government. My Department’s ICT in Schools programme, guided by the recent Smart Schools and ICT strategy reports, sets out a clear agenda to be pursued in this regard. This programme focuses on four main priorities — ICT infrastructure in schools, the schools broadband scheme, the development of teacher skills and the provision of curriculum-relevant digital content. On the infrastructure side, my Department has distributed more than €90 million in ICT infrastructure grants to schools nationwide since November 2009, including an allocation of €4,946.38 for the school to which the Deputy refers. In addition, the school received an ICT allocation of €30,000 from the school building unit of the Department in March. This year, I have prioritised work on the other three strands of the ICT in Schools programme, in order to help schools to make the best possible use of the very substantial infrastructural investment already made. In these

182 Questions— 3 May 2011. Written Answers circumstances, I will not be in a position to provide additional ICT infrastructure funding to the school to which the Deputy refers.

Special Educational Needs 191. Deputy Richard Boyd Barrett asked the Minister for Education and Skills the number of resource teacher Traveller posts currently in existence; the number of schools that have been informed by communication from him as to the withdrawal of these posts and or teaching hours for Traveller pupils; and the number of posts in all that are being withdrawn. [9066/11]

192. Deputy Richard Boyd Barrett asked the Minister for Education and Skills if he will provide a list of all schools that have been informed by communication from him as to the loss of posts or teaching hours for Traveller pupils; and the number of teachers to be withdrawn itemised per school. [9067/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 191 and 192 together. The decision to remove resource teacher for Traveller posts from schools is just one of a range of measures included in the National Recovery Plan 2011-14 to secure savings in the 2011-12 school year. I do not intend to revisit the decision of the previous Government to withdraw resource teacher for Traveller posts. The Deputy will understand the economic situation means difficult decisions have had to be taken. The requirements to make expenditure savings and to ensure staffing numbers remain within the public service employment control framework prevent me from revisiting this decision. Resource teacher for Traveller posts and teaching hours for Traveller pupils will be withdrawn with effect from 31 August 2011. Traveller pupils who are eligible for learning support teaching should receive this tuition through the existing learning support provision in schools. A departmental circular, No. 17/2011, advised all schools of this decision on 3 March 2011. I will arrange for details of the overall number of resource teacher for Traveller posts and details of the teaching which are being withdrawn, itemised per school, to be sent to the Deputy.

School Staffing 193. Deputy Richard Boyd Barrett asked the Minister for Education and Skills the number of gaelscoileanna that have received communication from him as to the withdrawal of a teacher due to budget changes in the allocation for gaelscoileanna and the number of posts that are being withdrawn as a result of this measure. [9068/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The standardisation of the staffing schedule for gaelscoileanna so that it is the same as that which applies to primary schools generally was one of a number of measures introduced in budget 2011 by the previous Fianna Fáil and Green Party Government to control and reduce teacher numbers. These changes are effective from September 2011. Given the financial constraints in which this country now finds itself, it is not possible to reverse these changes. This change will result in a reduction of the order of 50 posts in gaelscoileanna. There are over 1,500 teaching posts in these schools. The gaelscoil movement is well established and I do not believe that the growth of gaelscoileanna will be impeded by way of this measure. The actual impact at individual school level is determined as part of the allocation process for 2011-12 school year and schools were notified in the normal manner. My Department’s Circular 19/2011 includes the criteria under which a school may appeal its staffing allocation and the process for same. This Government will endeavour

183 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.] to protect front line education services as best as possible. However, this must be done within the context of bringing our overall public expenditure back into line with what we can afford as a country. All areas of Government, including gaelscoileanna, will have to manage on a reduced level of resources. The challenge will be to ensure that the resources that are being provided are used to maximum effect and in a fair manner.

194. Deputy Richard Boyd Barrett asked the Minister for Education and Skills if any other communication has been made to individual schools as to the withdrawal of other teaching staff and or special needs assistants as a result of budget measures and if so, the number of posts in both categories being withdrawn. [9069/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The budget measures set out the detail of the reduction in teacher numbers and the revised arrangements for special needs assistants. These changes are effective from September 2011. Given the financial constraints in which this country finds itself, it is not possible to reverse these changes. My Department has advised schools through circulars of the changes and where applicable, schools have also been contacted directly. The National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers for allocating resource teachers and SNAs to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support, which now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts. This number is 10,575 whole-time equivalent posts. This is a significant number of posts and unlike other areas of the public sector vacancies are being filled up to this number. It also represents continual increases in the number of SNAs over recent years. For example, there were 10,543 whole-time equivalent SNA posts in place at the end of 2010 and 10,342 at the end of 2009. It is important to understand that SNA allocations are not permanent. The level of SNA support allocated to a school increases or decreases as pupils who qualify for SNA support enrol or leave a school. They also decrease when a child’s care needs diminish over time. The recruitment and deployment of SNAs within schools are matters for the individual principal or board of management. The board is the SNA’s employer and the terms of employment are subject to the conditions of the contract of employment.

195. Deputy Richard Boyd Barrett asked the Minister for Education and Skills the number of English as additional language posts he estimates will be withdrawn from individual schools as a result of budget measures. [9070/11]

Minister for Education and Skills (Deputy Ruairí Quinn): A phased reduction in the number of language support teachers was one of a number of measures introduced in budget 2011 by the previous Fianna Fáil and Green Party Government to control and reduce teacher numbers. These changes are effective from September 2011. Given the financial constraints in which this country now finds itself, it is not possible to reverse these changes. This change will result in a phased reduction of 500 over four years in the number of language support teachers through a demand reduction and, if necessary, a change in allocation rules over the period of the national recovery plan. A first year reduction of some 125 posts is targeted with effect from September 2011 as a result of this budget measure.

Educational Disadvantage 196. Deputy Tom Fleming asked the Minister for Education and Skills if he will reverse the

184 Questions— 3 May 2011. Written Answers decision of the previous Government to abolish the three posts of the only DEIS rural teachers co-ordinators in County Kerry who cover a total of 15 schools in the county. [9098/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The Deputy will be aware that the programme for Government clearly states that education will be a priority for this Government and that we will endeavour to protect and enhance the educational experience of children, young people and students. To that end, we will endeavour to protect frontline services in education. However, I do not intend to revisit the decision of the previous Government to withdraw rural co-ordinator posts. The Deputy will understand that Ireland is effectively now in economic receivership because of the disastrous legacy of the last Fianna Fáil and Green Party Government. The requirements to make expenditure savings and to ensure that staffing numbers remain within the Public Service Employment Control Frame- work prevent me from re-visiting this decision. The decision to remove the rural co-ordination service from 331 rural DEIS schools is just one of a range of measures, included in the national recovery plan 2011 to 2014, to secure some €24 million in savings in the 2011-12 school year. The service will therefore be discontinued with effect from 31 August 2011. This measure will not affect the provision of HSCL services which remain in 200 post primary and 345 urban primary schools participating in DEIS. DEIS rural primary schools will continue to receive additional capitation funding based on their level of disadvantage, additional funding for schoolbooks, access to the school meals programme, access to numeracy and literacy supports and measures, access to planning supports and access to a range of professional development supports. The set of measures included in the National Recovery Plan 2011 to 2014 impacts on every sector of the public service and will unquestionably lead to significant challenges for schools as well as my Department in the coming years. The major challenge will undoubtedly be to seek improved outcomes for children with fewer resources.

ClárTógála Scoileanna 197. D’fhiafraigh Deputy Éamon Ó Cuív ar an Aire Oideachais agus Scileanna an bhfuil suíomh ceannaithe le haghaidh scoil bhuan do Ghaelscoil de hÍde, ÓránMór, Contae na Gail- limhe agus an bhfuil sé i gceist cead a thabhairt i mbliana chun scoil nua a thógáil; agus an ndéanfaidh sé ráiteas ina thaobh. [9106/11]

Minister for Education and Skills (Deputy Ruairí Quinn): Tá suíomh aitheanta don scoil dá dtagraíonn an Teachta agus tá ceannach an tsuímh sin faoi réir cead imlíneach pleanála a bheith deonaithe. Tá iarratas imlíneach pleanála á réiteach ag mo Roinn i láthair na huaire. Breithneofar ceannach an tsuímh agus seachadadh an fhoirgnimh nua scoile i bhfianaise na ngealltanas atá tugtha cheana féin agus na n-éileamh iomaíoch eile ar bhuiséad caipitil na Roinne.

Higher Education Grants 198. Deputy Ciarán Lynch asked the Minister for Education and Skills when a decision will issue on an educational grant application in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [9108/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The decision on eligibility for a student grant is a matter for a student’s local grant awarding authority which is either the VEC or the county council. I understand that, in this case, the grant awarding authority is County Cork VEC. I understand that the student in question was awarded a grant on 20 April 2011.

185 Questions— 3 May 2011. Written Answers

Schools Refurbishment 199. Deputy Niall Collins asked the Minister for Education and Skills the position regarding funding in respect of a school (details supplied) in County Cork. [9127/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The school referred to by the Deputy submitted an application under the 2011 summer works scheme. I regret that the application made by the school was not successful because the application did not meet the essential qualification criteria outlined in the circular governing the operation of the scheme for the works in question. A letter to this effect has issued to the school.

Ministerial Staff 200. Deputy Brendan Smith asked the Minister for Education and Skills the detail of all permanent Civil Service or non-established positions which are in place in his Department in relation to assisting Ministers with constituency work; the monthly salaries for these positions; and if any further appointments are envisaged. [9136/11]

Minister for Education and Skills (Deputy Ruairí Quinn): At a Government meeting held on the 15th March, 2011, it was decided to reduce the number of staff permitted at Minister’s constituency offices from 6 to 4 and Minister of State’s constituency offices from 5 to 3. There are currently 2 officers in my Constituency Office. Their grades are as follows: — 1 Higher Executive Officer (civil servant) on a salary scale of €43,816 — €45,125 — €46,246 — €47,730 — €49,035 — €50,347 — €51,653 — €53,532 — €55,415 — 1 Staff Officer (civil servant) on a salary scale of €33,070 — €34,481 — €35,751 — €36,894 — €38,043 — €39,199 — €40,359 — €41,473 — €42,530 — €43,906 I propose to appoint a Personal Assistant and a Personal Secretary shortly. There are currently 2 officers in the Constituency Office of the Minister of State at my Department. Their grades are as follows: — 1 (0.8 fulltime equivalent) Staff Officer (civil servant) on a salary scale of €33,070 — €34,481 — €35,751 — €36,894 — €38,043 — €39,199 — €40,359 — €41,473 — €42,530 — €43,906 — 1 Personal Assistant (non civil servant) on a salary scale of €43,715 — €45,485 — €47,304 — €48,520 — €49,790 — €51,365 — €52,925 — €54,490 — €56,060 It is envisaged that the Minister of State at my Department will appoint a Personal Sec- retary shortly. The salaries paid to the civil servants are in accordance with the Department of Finance salary scales for the relevant grades. The salaries paid to the non-civil servant staff are in accordance with the Department of Finance Instructions relating to the Appointment of Minis- terial Private Office Staff. I can confirm that the further appointments will be in accordance with the aforementioned Government Decision.

Ministerial Appointments 201. Deputy Brendan Smith asked the Minister for Education and Skills if he will list the details of all State appointments open to direct choice by him on 10 March 2011. [9150/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The table provides information on the number of appointments the Minister for Education and Skills is entitled to make directly to higher education institutions and boards of agencies under the aegis of the Department.

186 Questions— 3 May 2011. Written Answers

Table 1 — Bodies under the aegis of the Department of Education and Skills

Body Name Appointments open to direct choice of Minister

An Chomhairle um Oideachais Gaeltachta agus Gaelscolaíochta (COGG) 3 Commission to Inquire into Child Abuse (CICA) 7 Education Finance Board (EFB) 4 Foras Áiseanna Saothair (FÁS) 10 Note: Responsibility for training and the governance of FÁS transferred from the Department of Enterprise, Trade and Innovation to the Department of Education and Skills from May 2010 Further Education and Training Awards Council (FETAC) 5 Grangegorman Development Agency (GGDA) 7 Higher Education and Training Awards Council (HETAC) 5 Higher Education Authority (HEA) 19 Irish Research Council for Science, Engineering and Technology (IRCSET) 15 Irish Research Council for the Humanities and Social Sciences (IRCHSS) 10 Léargas — The Exchange Bureau 8 National Centre for Guidance in Education (NCGE) 2 National Council for Curriculum and Assessment (NCCA) 2 National Council for Special Education (NCSE) Up to 6 National Qualifications Authority of Ireland (NQAI) 3 National Educational Welfare Board (NEWB) 1 Residential Institutions Redress Board (RIRB) 12 Residential Institutions Review Committee (RIRC) 5 Skillnets Ltd 3 Note: Responsibility for Skillnets Ltd transferred from the Department of Enterprise, Trade and Innovation to the Department of Education and Skills from May 2010 The State Examinations Commission (SEC) 5 The Teaching Council 3

Table 2 — Higher Education Institutions

Body Name Appointments open to direct choice of Minister

NUI (National University of Ireland) Senate 4 Universities UCD (University College Dublin) 1 to 4 UCC (University College Cork) 1 to 4 NUIG (National University of Ireland Galway) 1 to 4 NUIM (National University of Ireland Maynooth) 1 to 4 DCU (Dublin City University) 1 to 4 UL (University of Limerick) 1 to 4 TCD (Trinity College Dublin) 1 NCAD (National College of Art and Design) 6 Institutes of Technology (Minister appoints chair of Governing Bodies of IoTs) Dublin IoT (Institute of Technology) 1 Athlone IoT 1

187 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.] Body Name Appointments open to direct choice of Minister

Blanchardstown IoT 1 IoT Carlow 1 Cork IoT 1 Dundalk IoT 1 Dun Laoghaire IoT 1 Galway-Mayo IoT 1 Letterkenny IoT 1 Limerick IoT 1 IoT Sligo 1 IoT Tallaght 1 IoT Tralee 1 Waterford IoT 1

An Comhairle Bhéaloideas Éireann 4 Tipperary Rural and Business Development Institute 3

Schools Building Projects 202. Deputy Pat Breen asked the Minister for Education and Skills his plans to install rain water harvesting systems in primary schools to conserve water supplies and reduce costs of water; and if he will make a statement on the matter. [9179/11]

Minister for Education and Skills (Deputy Ruairí Quinn): Rainwater harvesting systems were first introduced for major school building projects in 2008. Since then all major school building projects, where site conditions and circumstances allow and where economically viable to do so, can incorporate a rainwater harvesting system into their brief. While fitting the systems in new schools during construction is relatively straightforward, retrofitting them in existing schools is much more difficult and expensive because of the various dedicated pipe work systems both within the building and externally underground and the amount of making good work that is required in each instance. For existing buildings it is more cost effective to minimise the demand for water firstly through installing measures to reduce water usage such as push type spray taps, low flushing toilets, urinal controls, repairing leaks etc. To this end, as part of the Summer Works Scheme 2010, schools were invited to apply for Water Conservation measures. A list of schools whose applications under this scheme were successful is available on my Department’s website, www.education.ie.

Special Educational Needs 203. Deputy Jim Daly asked the Minister for Education and Skills if the pilot scheme of one extra month of schooling in the summer for children with autism will be rotated to random schools with an interest in the project; the reason a school (details supplied) in County Cork was unsuccessful with their application for same; and if he will make a statement on the matter. [9195/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Deputy will be aware that participation in my Department’s July Provision Scheme is an option for all special schools and 188 Questions— 3 May 2011. Written Answers mainstream primary schools with special classes catering for children with autism or severe to profound general learning disability that choose to extend their education services through the month July. Home based tuition of 10 hours per week for the four weeks in question is provided to children who attend schools which choose not to participate in the scheme. The Deputy will also be aware that educational provision at post primary level for all pupils including those with special needs is structured differently to that at primary level and the July Provision Scheme was piloted in a limited number of post primary schools. However children eligible for support attending other post primary schools are allocated 10 hours per week home based tuition for the four weeks of July. The Scheme is currently under review and in the interim it has been decided not to expand the current level of provision which includes limiting the pilot at post primary level to that of 2009 and 2010. As the college referred to by the Deputy is not one of the schools piloting the programme, eligible children attending the college would be entitled to home based support. Details of the scheme for 2011 will be circulated to all schools including the college in question early next term.

School Curriculum 204. Deputy Jim Daly asked the Minister for Education and Skills if it is possible to get an exemption from learning the Irish language for an American student who took up residency here in 2004 and was in fifth class at the time; and if he will make a statement on the matter. [9202/11]

Minister for Education and Skills (Deputy Ruairí Quinn): As part of both the primary and post-primary level school curriculum Irish is a compulsory subject. The second-level programme in Irish has the capacity to cater for a wide diversity of ability. Department circular M10/94 applies to post primary schools funded by my Department and sets out the exceptional circumstances where an exemption from the study of Irish may be granted to post primary pupils. Under the terms of this circular, delegated authority to grant exemptions from Irish, within the conditions laid down, is vested in school management. With regard to the particular case referred to by the Deputy, the position is that the pupil’s parents/guardians should make a written application to the management of the school in which the pupil is enrolled, clearly stating the grounds on which they are seeking an exemption from the study of Irish.

Pension Provisions 205. Deputy David Stanton asked the Minister for Education and Skills the position regarding teachers on temporary contracts being out of work for more than 26 weeks; if the time spent teaching will be considered for pension and other such purposes on return to work; and if he will make a statement on the matter. [9203/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Public Service Superannuation (Miscellaneous Provisions) Act, 2004 abolished the maximum age of retirement for new entrants to employment in the public service from the 1st April 2004. It also raised the minimum pension age for new entrants to age 65. In general terms, a new entrant to employment in the public service (including employment as a teacher) is a person who enters public service employment for the first time on or after the 1st April 2004, (including employment in a temporary or fixed-term capacity, whether full-

189 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.] time, or part-time), OR,a person who becomes re-employed in the public service,( including employment as a teacher) following a break of more than 26 weeks, where that break occurred at anytime on or after 1 April 2004). The provisions of this legislation are of general application to public servants and there are no proposals to make exceptions for any particular individual or group. All teaching service given by teachers employed in temporary contracts since December 2001 in recognised primary or second level schools is pensionable. As part of Budget 2011, introduced by the previous Fianna Fail-Green Party government, a 10% reduction in the pay of new appointees to the public service applies from the 1st January 2011 and all new recruits to the entry grades of the public service will start at the first point of the relevant pay scale without exception. A person in the situation referred to by the Deputy who had service prior to the 1st January 2011 is not regarded as a new entrant for this purpose.

Special Educational Needs 206. Deputy Brendan Ryan asked the Minister for Education and Skills when a special needs assistant will be approved in respect of a child (details supplied) in County Dublin; and if he will make a statement on the matter. [9235/11]

School Accommodation 207. Deputy Pat Breen asked the Minister for Education and Skills the position regarding

190 Questions— 3 May 2011. Written Answers an application from a school (details supplied) in County Clare; and if he will make a statement on the matter. [9239/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I can confirm that the school to which the Deputy refers has applied to my Department seeking funding to provide additional accommodation for resource teachers and for the replacement of prefab units currently on the school site. Additional information which was sought from the school concerned has recently been provided to my Department. The application is currently being assessed and officials in my Depart- ment will convey a decision on the application to the school authority when the assessment process has been completed.

Site Acquisitions 208. Deputy Michael McGrath asked the Minister for Education and Skills his plans to develop an education campus (details supplied) in County Cork; the timeframe for its overall development and details of the process. [9263/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I wish to advise the Deputy that in relation to the area to which he refers a site has been acquired by County Cork Vocational Education Committee with funding from my Department. It is envisaged that the site will provide for an educational campus facility to cater for future demand at Post-Primary and to facilitate the proposed re-location of two existing schools, a Gaelscoil and a Special School. I am pleased to advise the Deputy, that the campus to which he refers, has been announced as one of the projects to commence the process of appointing a design team under my Depart- ment’s 2011 Multi-annual School Building and Modernisation Programme.

Schools Refurbishment 209. Deputy Barry Cowen asked the Minister for Education and Skills if he will provide a full list of all schools in counties Laois and Offaly which applied for funding under the summer works scheme 2011. [9266/11]

Minister for Education and Skills (Deputy Ruairí Quinn): A total of 68 applications in counties Laois and Offaly were made for funding under the Summer Works Scheme 2011. Out of the 68 applications, 16 schools, 12 at primary level and 4 at post primary level, were successful in their applications for funding for works to be carried out. Details of the schools concerned are shown in the table. All of the school authorities concerned have been notified of the decision in each case. Applications from schools for gas, mechanical and electrical works were prioritised for Sum- mer Works Scheme funding this year. Unfortunately, due to the scale of demand for funding under the Scheme, it was not possible to grant aid all applications and accordingly it has been necessary to prioritise some categories of works over others. My Department has sought to prioritise the funds that are available towards works that are most relevant to the health and safety of staff and students alike in our schools.

County Sector School Approval

LAOIS Primary School 19791P Scoil Tíghearnach Naofa Cullohill (LAOIS) Approved LAOIS Primary School 19750B SCOIL MHUIRE ABBEYLEIX (LAOIS) Approved LAOIS Primary School 18150S FRAOCH MORNSFRAOCH MOR Approved (LAOIS)

191 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.] County Sector School Approval

LAOIS Primary School 13741Q RATH MIXED N S RATH (LAOIS) Approved LAOIS Primary School 07636K ST FINTANS N S NEW LINE ROAD Approved (LAOIS) LAOIS Post Primary 91427C Heywood Community School Ballinakill Approved School (LAOIS) LAOIS Primary School 20169F CASTLETOWN N.S PORTLAOISE Not Approved (LAOIS) LAOIS Primary School 20065Q OUR LADYS MEADOW NATIONAL Not Approved SCHOO DURROW (LAOIS) LAOIS Primary School 19369G ST PAULSNSSTPAULSRECTORY Not Approved (LAOIS) LAOIS Primary School 18828H ST. PAULS PRIMARY SCHOOL BORRIS Not Approved ROAD (LAOIS) LAOIS Primary School 18641O S N NAOMH EOIN PORTARLINGTON Not Approved (LAOIS) LAOIS Primary School 18532J ARDLIOS N S ARDLIOS (LAOIS) Not Approved LAOIS Primary School 18294T BARR NA SRUTHAN N S BARR NA Not Approved SRUTHAN (LAOIS) LAOIS Primary School 18265M BHRIDE N S ARD DUACH (LAOIS) Not Approved LAOIS Primary School 17883K MUIRE NAOFA CASTLECUFFE Not Approved CASTLECUFFE (LAOIS) LAOIS Primary School 17557U SCOIL ABBAIN CILLIN MAGANEY Not Approved (LAOIS) LAOIS Primary School 17493U ROSENALLIS N S ROSENALLIS (LAOIS) Not Approved LAOIS Primary School 17084D CILL AN IUBHAIRNSCILLAN NotApproved IUBHAIR (LAOIS) LAOIS Primary School 15933M CAMROSS N S CAMROSS (LAOIS) Not Approved LAOIS Primary School 14838N MARYBORO N S MARYBORO (LAOIS) Not Approved LAOIS Primary School 13343E SCOIL BHRIDE STILL BROOK (LAOIS) Not Approved LAOIS Primary School 13173F PADDOCKNSPADDOCK (LAOIS) Not Approved LAOIS Primary School 12692B KILADOOLEY MIXED N S Not Approved KILADOOLEY (LAOIS) LAOIS Primary School 12231L RUSH HALL MIXEDNSPORTLAOISE NotApproved (LAOIS) LAOIS Primary School 20353V ST Colman’s National School Stradbally Not Approved (LAOIS) LAOIS Post Primary 91426A Community School Mountmellick (LAOIS) Not Approved School LAOIS Post Primary 71520D St Fergal’s College Rathdowney (LAOIS) Not Approved School LAOIS Post Primary 71510A Portlaoise College Mountrath Road (LAOIS) Not Approved School LAOIS Post Primary 71470O Clonaslee Vocational School Clonaslee Not Approved School (LAOIS) LAOIS Post Primary 68068R Coláiste Íosagáin Portarlington (LAOIS) Not Approved School LAOIS Education Centre ED40089 PORTLAOISE EDUCATION CENTRE Not Approved PORTLAOISE (LAOIS) OFFALY Primary School 17746A SCOIL COLMAIN NAOFA MUCLACH Approved (OFFALY) OFFALY Primary School 12370C ST BRENDANS MONASTERY BIRR Approved (OFFALY) OFFALY Primary School 02413L S N NAOMH EOIN AN RATH (OFFALY) Approved

192 Questions— 3 May 2011. Written Answers

County Sector School Approval

OFFALY Post Primary 91491L St.Brendan’s Community School Birr Approved School (OFFALY) OFFALY Post Primary 65620V Sacred Heart Secondary School Daingean Approved School Road (OFFALY) OFFALY Primary School 03220F MERCY PRIMARY SCHOOL BIRR Approved (OFFALY) OFFALY Primary School 17003ASNSEOSAMHMUINEGHALL Approved (OFFALY) OFFALY Post Primary 72540O Oaklands Community College Sr. Senan Approved School Avenue (OFFALY) OFFALY Primary School 15983E S N NAOMH BROGAIN BRACKNA Approved (OFFALY) OFFALY Primary School 19638H COOLDERRY CENTRAL NS BROSNA Approved (OFFALY) OFFALY Primary School 20068W ST MARYS NATIONAL SCHOOL Not Approved CLOGHAN (OFFALY) OFFALY Primary School 19354Q ST COLMANSNSCAPPAGH(OFFALY) NotApproved OFFALY Primary School 18537T S N ROS COM RUA ROS CUM RUA Not Approved (OFFALY) OFFALY Primary School 18524K S N NAOMH BRIGHDE BUACH Not Approved TULLAMORE (OFFALY) OFFALY Primary School 18406ESNPROINSIASNAOFA CLARACH Not Approved (OFFALY) OFFALY Primary School 18364O S N MUIRE BAINRION EDENDERRY Not Approved (OFFALY) OFFALY Primary School 18335H S N MHUIRE NAOFA AN ROD Not Approved (OFFALY) OFFALY Primary School 18068KSNPEADAR AGUS POL ATH AN Not Approved URCHAIR (OFFALY) OFFALY Primary School 18057F SCOIL MHUIRE TULLAMORE Not Approved (OFFALY) OFFALY Primary School 17753U S N CHIARAIN NAOFA BREACH Not Approved CHOILL (OFFALY) OFFALY Primary School 17616K NAOMH MHUIRENSINISNA NotApproved MBREATHNACH (OFFALY) OFFALY Primary School 17336E S N MHUIRE BAINRIOGHAN SCOIL Not Approved MUIRE BAINRIOGHAN (OFFALY) OFFALY Primary School 17069H S N MUIRE NAOFA POLLACH Not Approved (OFFALY) OFFALY Primary School 17031F SHINCHILLNSSHINCHILL (OFFALY) Not Approved OFFALY Primary School 16928B S N NAOMH PHILOMENA TULLAMORE Not Approved (OFFALY) OFFALY Primary School 16620T DAINGEAN N S DAINGEAN (OFFALY) Not Approved OFFALY Primary School 16435B ST CIARANS MIXED N S Not Approved BALLYCUMBER (OFFALY) OFFALY Primary School 16013V EDENDERRY CONVENTNSSTMARYS Not Approved ROAD (OFFALY) OFFALY Primary School 15656M BALLYKILMURRY N S Not Approved BALLYKILMURRY (OFFALY) OFFALY Primary School 15395K MOUNT BOLUS N S MOUNT BOLUS Not Approved (OFFALY) OFFALY Primary School 15325M CLONBULLOGUE N S Not Approved CLONBULLOGUE (OFFALY) OFFALY Primary School 13118U CLARA CONVENT N S CLARA Not Approved (OFFALY)

193 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.] County Sector School Approval

OFFALY Primary School 10353P CHARLEVILLENSCHARLEVILLE Not Approved (OFFALY) OFFALY Primary School 07949ISNOSMANN BIRR (OFFALY) Not Approved OFFALY Primary School 05913A KILCORMAC CONVENT N S Not Approved KILCORMAC (OFFALY) OFFALY Post Primary 72530L Ard Scoil Chiarain Naofa Frederick St. Not Approved School (OFFALY) OFFALY Post Primary 72520I Coláiste Naomh Cormac Kilcormac Not Approved School (OFFALY)

School Staffing 210. Deputy Barry Cowen asked the Minister for Education and Skills if he can provide a full list of all school in counties Laois and Offaly which have two teachers or less; the number of teachers per each school; the number of pupils per each school; and the number of support staff in each school. [9267/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The information requested by the Deputy is provided by the National School Annual Census Return and is available on the Department’s website, www.education.ie, as part of the consultations on the value for money review of small primary schools. Data on non teaching staff by school is not readily available in this format.

211. Deputy Ciarán Lynch asked the Minister for Education and Skills if there has been a recent change in the recognition afforded to teaching experience gained in private schools when teachers enter the public incremental scale; and if he will make a statement on the matter. [9282/11]

Minister for Education and Skills (Deputy Ruairí Quinn): Recognition of prior qualified service in private schools for the purposes of progression on the incremental salary scale is covered under Circulars 29/2007 (primary teachers) and 29/2010 (post-primary school teachers). Under the above schemes, service given within Ireland or the EU in private schools which have been in existence for over 10 years and provide a full range of curricular subjects in accordance with the Circulars may, subject to certain conditions, be regarded as analogous to publicly paid teaching service for the purpose of progression on the incremental salary scale. The impact on teachers of the Government decision that all new entrants to entry grades of the public service should start at the first point of the relevant pay scale (Budget 2010) is currently being examined by my officials and further details will issue in the near future.

Special Educational Needs 212. Deputy Seán Kenny asked the Minister for Education and Skills the circumstances that gave rise to the dropping of a special needs assistant position at a school (details supplied) in Dublin 1. [9313/11]

Department’s criteria in allocating such support, which now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts. This number is 10,575 whole time equivalent (WTE) posts. This is a significant number of posts and unlike other areas of the public sector vacancies are being filled up to this number. It also represents continual increases in the number of SNAs over recent years. For example, there were 10,543 WTE SNA posts in place at the end of 2010 and 10,342 at end 2009. It is considered that with equitable and careful management and distribution of these resources that there should be sufficient posts to provide access to SNA support for all children who require such care support to attend school, in accordance with Departmental criteria. The NCSE has issued a circular to all schools advising of the allocation process for the 2011/2012 school year. A key feature of the amended scheme will be to provide for an annual allocation of Special Needs Assistant support to eligible schools. The NCSE asked schools to submit all applications for SNA support to them by 18th March, 2011 and intend to inform schools of their annual SNA allocation as soon as possible, in advance of the coming school year. It is important to understand in relation to the SNA allocation process that SNA allocations are not permanent. The level of SNA support allocated to a school is increased or decreased as pupils who qualify for SNA support enrol or leave a school. They are also decreased where a child’s care needs may have diminished over time. I wish to advise the Deputy also that the recruitment and deployment of SNAs within schools are matters for the individual Principal/Board of Management. The Board is the SNA’s employer and the terms of employment are subject to the conditions of the contract of employment. 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.

School Services Staff 213. Deputy Eamonn Maloney asked the Minister for Education and Skills his plans to carry out a review to cut the pay of approximately 17,000 staff, including school secretaries and caretakers; and if he will make a statement on the matter. [9322/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I assume that the Deputy is referring to Circular 0070/2010 issued by my Department on 26 November 2010, which outlined that adjustments in salary should be applied, with effect from 1 January 2011, to all relevant staff in the employment of recognised schools or VECs who were not already affected by the pay reductions introduced under the Financial Emergency Measures in the Public Interest (No 2) Act 2009. Some of the categories of staff affected by this Circular included school secretaries and caretakers. The Deputy should be aware that this measure was introduced by the previous Fianna Fáíl — Green Party Government. I am aware of the impact this has had on school secretaries and caretakers. Workers across the public sector have taken pay cuts in recent years and the current Government has stated that it will seek to avoid the introduction of further paycuts in return for full implementation of the Croke Park Agreement. The Financial Emergency Measures in the Public Interest (No 2) Act 2009 determined the criteria for reducing the pay of public servants with effect from January 2010. However, when the Act was introduced, there was a question as to how a public servant should be determined for the purposes of this Act. Subsequently, following receipt of legal advice, it has now been

195 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.] determined that all staff employed by a recognised school or VEC come within the definition of “public servant” solely for the purposes of the Act. The legislation has determined that all persons employed by a recognised school or VEC, regardless of the source of the money used to fund their salary, the lack of ability of any Minister or Department to determine on their appointment or set their pay rates, and irrespective of whether or not they are eligible for, or members of, a public service pension scheme, are “public servants” within the meaning of the Act. It is important to point out that the fact that affected staff employed by recognised schools and VECs come within the definition of “public servant” solely for the purposes of the Act does not alter their employment status in any other respect. The legislation does not exempt any individual or groups save for the Judiciary and the President due to provisions in the Constitution. Section 6 does provide a limited power to the Minister for Finance to exempt or vary the reduction in pay rates provided for in the legislation where exceptional circumstances exist or because of an arbitration award. In view of the time lapse involved in reaching a determination on this issue, the Minister for Finance allowed for a temporary exemption from the application of the Act for these categories of staff up until 31 December 2010. Accordingly, my Department outlined that adjustments in salary should be applied with effect from 1 January 2011, to all relevant staff in the employment of recognised schools or VECs, who were not already affected by the pay reductions introduced under the Act.

School Staffing 214. Deputy Michael McGrath asked the Minister for Education and Skills the position regarding an application by a school (details supplied) in County Cork. [9338/11]

Minister for Education and Skills (Deputy Ruairí Quinn): When the moratorium was introduced the Government exempted Principal and Deputy Principal posts in all primary and post- primary schools and these continue to be replaced in the normal manner. The impact of the moratorium is therefore limited to the Director of Adult Education, Assistant Principal and Special Duties allowances payable to teachers on promotion. Vacancies at this level arise due to retirements in the specific grades and typically also from the knock on effect of filling Principal and Deputy Principal posts. Some further limited alleviation was introduced for schools that are acutely affected by the impact of the moratorium. The alleviation arrangements are set out in Circular 42/2010. Most of the alleviation arrangements are already in place. Any remaining applications, which include the school referred to by the Deputy, will be examined and prioritised as soon as possible. Individual schools will be notified in due course.

School Patronage 215. Deputy Catherine Byrne asked the Minister for Education and Skills the position regarding a proposed school (detail supplied) in Dublin 8; if he is committed to the provision of this school; if there is a timeframe in place; and if he will make a statement on the matter. [9339/11]

196 Questions— 3 May 2011. Written Answers interim it is not proposed to recognise any new primary schools, except in areas where the increases in pupil numbers cannot be catered for in existing schools and which require the provision of new schools. The establishment of new schools, including the request for a new school in the area referred to by the Deputy, will be considered in this context. In line with a commitment given in The Programme for Government I have launched a Forum on Patronage and Pluralism in the Primary Sector which will enable all stakeholders including parents to engage in open debate on change of patronage in communities where it is appropriate and necessary. The Forum intends to develop a mechanism by which a change of patronage in existing schools can occur. I want to assure the Deputy that the Government is committed to ensuring our education system caters for a pluralism of choice which reflects the needs of Ireland today and into the future.

Schools Building Projects 216. Deputy Catherine Byrne asked the Minister for Education and Skills the position regarding the proposed new school (details supplied) in Dublin 8; if he is committed to the provision of this school; if there is a timeframe in place; and if he will make a statement on the matter. [9340/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I can confirm that the school to which the Deputy refers applied to my Department for large scale capital funding for a school building project to provide additional accommodation. I want to assure the Deputy that I am aware of the difficulties this school has in terms of accommodating its students, particularly for the purposes of physical education classes. In accordance with the published criteria for large scale building projects, the project for this school has been assigned a Band 2 rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including this project, is available on the Department’s website at www.education.ie. 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 the Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the Department’s capital budget, it is not possible to give an indicative timeframe for the progression of a project for the school in question at this time.

Schools Refurbishment 217. Deputy Robert Troy asked the Minister for Education and Skills when he will be in a position to announce the successful applicants under the summer works scheme. [9341/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I am pleased to advise the Deputy that on 30 March last I announced that 453 primary and post primary schools across the country have been successful in their applications for funding under the Summer Works Scheme this year. A list of the successful projects under the 2011 Summer Works Scheme is available on the Department’s website www.education.gov.ie. Funding amounting to some €41 million has been allocated under the scheme. These funds will allow the schools in question to carry out small and medium scale works this summer and covers projects in school buildings such as gas, electrical and mechanical works.

197 Questions— 3 May 2011. Written Answers

School Management 218. Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Skills his views that teachers are entitled to basic fair procedures when facing dismissal or proposal for dismissal; his plans to reform this system, in particular the provision whereby a teacher can be dismissed from his or her position solely at the prerogative of the patron. [9349/11]

219. Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Skills his plans to require that a patron named as principal respondent in litigation arising from the dismissal of a teacher must attend proceedings in person, subject to an appropriate penalty for failure to respond. [9350/11]

220. Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Skills his plans to require that settlement terms reached as an alternative to dismissal of a teacher comply with all relevant employment law, in particular the Unfair Dismissals Act. [9351/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 218 to 220, inclusive, together. Section 24 of the Education Act 1998 provides that the appointment, suspension and dismissal of teachers are the responsibility of boards of management. In the case of VEC schools, section 20 of the Vocational Education (Amendment) Act 2001 provides that the appointment of teachers and other staff are a matter for each VEC. Removal from office of a VEC office- holder is provided for by section 8 of the Vocational Education (Amendment) Act 2001 and requires a decision of the Minister. Under Circulars 59/2009 (VEC schools) and 60/2009 (all other schools) procedures were agreed relating to both professional competence issues and procedures relating to work, conduct and matters other than professional competence. This agreement was made under the terms of Towards 2016 and the procedures were issued in September 2009. The procedures serve a dual purpose in that they provide a framework which enables schools to maintain satisfactory standards, and for teachers and principals to have access to procedures whereby alleged failures to comply with these standards may be fairly and sensitively addressed. Issues relating to attendance in defence of court proceedings and terms of settlement are matters for the parties to such litigation. In the case of disciplinary matters for teachers, this will in most cases be the board of management or VEC. Outside of the removal of VEC officeholders, I do not have a decision-making role in such disciplinary matters.

Schools Building Projects 221. Deputy Billy Timmins asked the Minister for Education and Skills the position regarding a school (details supplied) in County Wicklow; and if he will make a statement on the matter. [9353/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Board of Management for the school referred to by the Deputy has been authorised to instruct their Design Team to proceed to tender for this project. Subject to no issues arising it is envisaged that the project will commence construction later this year.

National Educational Psychological Service 222. Deputy Simon Harris asked the Minister for Education and Skills when the guidelines for National Educational Psychological Service psychologists on the assessment of RACE appli-

198 Questions— 3 May 2011. Written Answers cations were drawn up; the person they were drawn up by; if stakeholders were consulted for input into the guidelines; his plans to review these guidelines; and if he will make a statement on the matter. [9355/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I can inform the Deputy the psychologists from my Department’s NEPS service process RACE applications, on behalf of the State Examinations Commission (SEC) in respect of Leaving Certificate students. Recom- mendations are made by these psychologists within the context of principals and criteria set down by the SEC for the awarding of a given accommodation. The guidelines to which the Deputy refers were developed by a working group of NEPS psychologists in 2004 to make operational these principles, inform operating practice in processing individual applications and act as a technical guide for psychologists undertaking this task. The working group undertaking this task consulted with relevant stakeholders both within my Department and later within the SEC. The guidelines have since been subject to annual review within NEPS especially in the light of developments in and changes to the relevant psychometric test instruments and this will continue to be the case.

State Examinations 223. Deputy Simon Harris asked the Minister for Education and Skills the number of exemptions granted to students with dyslexia sitting the junior certificate and the leaving certificate, following psychological assessment for each of the years 2007, 2008, 2009, 2010 and to date in 2011; and if he will make a statement on the matter. [9356/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The State Examinations Com- mission has statutory responsibility for operational matters relating to the certificate examinations including organising the holding of examinations and determining procedures in places where examinations are conducted including the supervision of examinations. I can inform the Deputy that the Commission operates a scheme of Reasonable Accom- modations in the certificate examinations. Applications for such accommodations are submitted by schools on behalf of their students. A range of accommodations are provided to enable students with special needs to access the Certificate examinations. For example enlarged print, Braille translation, modified questions, use of a scribe, a reader, a personal assistant, a tape recorder or word processor, may be allowed depending on needs. The scheme was introduced following the report of an expert advisory group, and the introduction enabled opportunities to be provided for exemptions where a candidate was not in a position to demonstrate achievement in a core area of assessment. I have forwarded your query to the State Examinations Commission who will give you a more comprehensive reply.

Special Educational Needs 224. Deputy Simon Harris asked the Minister for Education and Skills the procedures in place to assist a child moving from a special needs school to a mainstream school; if there are obligations in place to ensure that such a child is provided with a place in a mainstream school; and if he will make a statement on the matter. [9365/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I wish to advise the Deputy that the enrolment of a child in a school is a matter in the first instance for the parents of the child

199 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.] and the Board of Management of a school. My Department has no role in relation to processing applications for enrolment to schools. My Department’s policy is to promote the principle of inclusive education as envisaged in Section 2 of the Education for Persons with Special Educational Needs, Act 2004. The Depart- ment, either directly or through the National Council for Special Education (NCSE), provides for a range of supports in schools to enable them cater for students with special educational needs which includes additional teachers, Special Needs Assistants (SNAs) and specialist equipment. The precise model of provision made will depend on the pupil’s assessed disability. A key priority for my Department is to facilitate the maximum possible inclusion of students with special educational needs while always allowing for individuals for whom inclusion with mainstream peers may not be in their best interests or the interests of children with whom the child is to be educated. Some students are capable of attending ordinary classes on an integrated basis with additional teaching and/or SNA support. In other cases, a more appropriate response for pupils may be to attend special dedicated classes within the school. These students have the option, where appropriate, of full/partial integration and interaction with other pupils. Other children may have such complex needs that they are best placed in a special school. Special classes and Special Schools are dedicated to a particular disability group and operate at reduced pupil teacher ratios ranging from 6:1 to 11:1. The National Council for Special Education (NCSE) is responsible for the provision of a range of educational services at local and national level for students with special educational needs. In particular, its network of Special Education Needs Organisers (SENOs) co-ordinates special needs education provision at local level and arranges for the delivery of special educational services. Each SENO works in an assigned local area with parents, schools, teachers, psychologists, health professionals and other staff who are involved in the provision of services in that area for children with special educational needs. They act as single points of contact for parents of students with special educational needs. Another specific function of the SENO is to identify appropriate educational placements for children with special educational needs. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child’s special educational needs, using the contact details available on www.ncse.ie.

Higher Education Grants 225. Deputy Sean Fleming asked the Minister for Education and Skills his views on the situation in which many students throughout the country have applied for third level maintenance grants to pursue courses in various third level institutions and private colleges and to find out after enrolling on these courses that the particular courses may not be covered by the maintenance grants scheme; if he will publish one overall list whereby students can verify in advance whether their courses are eligible for a maintenance grant scheme rather than finding out after they have commenced the course; if he will take a proactive approach to help students who end up in severe financial difficulty because of this situation; and if he will make a statement on the matter. [9374/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The student grant schemes, which specify the criteria for approved courses as well as approved institutions, are widely available to the general public on both my Department’s website and on the studentfinance.ie website.

200 Questions— 3 May 2011. Written Answers

The student finance website, which is funded by my Department, provides a comprehensive source of information on financial support for further and higher education and it has a specific section which allows students to check as to whether or not their chosen course is approved for a grant. Students also have recourse to their local grant awarding body — VEC or local authority — to verify the position. Information on approved institutions and courses will continue to be made available through these channels and students are strongly advised to make use of them if they have any doubts in this area. Applying for a grant as early as possible will also help to reduce the risk of accepting an unapproved course as the grant assessment process includes a check on institution and course eligibility. To assist students in exceptional financial need, the Student Assistance Fund at some €5m will continue to be made available through the access offices of third-level institutions. The studentfinance.ie website also has information on this fund. The access offices themselves will also continue to provide support and advice to students to enable them to continue with their studies. In addition, Section 21 of the Finance Act 2000 provides for the introduction of tax relief for fees paid in publicly funded colleges here and in other EU Member States as well as in private colleges in this state. This relief, which applies at the standard rate of tax, is available to full time and part time students and includes distance education courses offered by publicly funded colleges in other EU Member States. Further details on claiming this relief are available from local tax offices or on the Revenue Commissioner’s website at www.revenue.ie.

Schools Refurbishment 226. Deputy Eric Byrne asked the Minister for Education and Skills the position regarding the provision of a minor works grant to a school (details supplied); when it is planned to grant the school a works grant; and if he will make a statement on the matter. [9376/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I understand that the Deputy is referring to the application submitted by the school in question for funding under the 2011 Summer Works Scheme. A list of 453 successful schools was announced on 30 March 2011 and I regret that the application made by the school referred to by the Deputy was not selected. A letter to this effect has issued to the school. Applications from schools for gas, mechanical and electrical works were prioritised for Sum- mer Works funding this year. Unfortunately, due to the scale of demand for funding under the scheme, it was not possible to grant aid all applications and accordingly it has been necessary to prioritise some categories of works over others. My Department has sought to prioritise the funds that are available towards works that are most relevant to the health and safety of staff and students alike in our schools.

Schools Building Projects 227. Deputy Brendan Smith asked the Minister for Education and Skills the policies in place in 1997 regarding the financial contributions required of schools in relation to the purchase of sites and commissioning of capital works; and the nature and date of all significant changes to these policies since that point. [9412/11]

Minister for Education and Skills (Deputy Ruairí Quinn): Prior to 1999 a local contribution of 15% for primary schools and 10% for post-primary schools was sought for projects built on

201 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.] land not owned by the State. In 1999 the then Government announced a significant change in the way local contribution was levied, introduced a ceiling on the local contribution and reduced the percentage to be paid locally on school capital projects. The maximum level of local contribution for new schools was €63,000 or €12,500 in the case of special schools or DEIS designated disadvantaged schools. In the case of refurbishments or extensions to existing school buildings the maximum local contribution was €31,500 or €12,500 in the in the case of special schools or DEIS designated disadvantaged schools. In recent years, a number of measures were taken to reduce further the local contribution burden, these were:

— No local contributions were sought for special education projects in mainstream schools, even where the land was not owned by the State.

— No local contributions were sought for projects delivered under the Small Schools Scheme or Permanent Accommodation Scheme, a single all inclusive grant was paid under these schemes.

— A rolling five year period was used to reduce local contributions for Summer Works Scheme projects.

In October 2010 the previous Government approved the discontinuation of the policy of seeking a Local Contribution for all new primary and post-primary projects commencing construction and the rental of temporary accommodation.

Schools Refurbishment 228. Deputy Ciara Conway asked the Minister for Education and Skills if he will examine the reason given to a school (details supplied) in County Tipperary for their unsuccessful application to the summer works scheme; and if he will make a statement on the matter. [9416/11]

Literacy Levels 229. Deputy Brendan Smith asked the Minister for Education and Skills if in view of information gained from the recent programme for international student assessment figures on literacy and to ensure that data are fully comparable to the 1995 survey, if he will ensure that the forthcoming survey on adult literacy levels will gather information which is capable of distinguishing between persons on the basis of what their native language is. [9417/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The forthcoming survey referred to by the Deputy is the Programme for the International Assess- ment of Adult Competencies (PIAAC). PIAAC is being organised by the OECD and Ireland’s participation is being funded by my Department. The survey will be administered in Ireland by the Central Statistics Office (CSO). Results are expected to be published in 2013.

202 Questions— 3 May 2011. Written Answers

PIAAC will provide data, including data around country of birth and language, that is comparable to the 1995 survey referred to by the Deputy (the OECD International Adult Literacy Survey, IALS, published in 1997). The OECD Programme for International Student Assessment (PISA) addressed the literacy skills of 15 years olds while IALS and PIAAC address the skills of adults between the ages of 16-64. Therefore, comparisons are less straightforward. The OECD is currently examining how the results of PIAAC might be compared with those of PISA.

230. Deputy Brendan Smith asked the Minister for Education and Skills the number of persons participating in State-supported adult literacy programmes in each year from 1997 to the latest available figures. [9418/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The information requested by the Deputy is contained in the table, including the latest updated figures for 2010. They include participants in English for Speakers of Other Languages (ESOL) courses which are also funded under the Adult Literacy scheme.

Adult Literacy Programme Statistics 1997-2010

Year No of Participants

1997 5,000 1998 5,000 1999 13,000 2000 17,150 2001 22,732 2002 28,363 2003 31,579 2004 33,873 2005 35,738 2006 40,678 2007 45,812 2008 49,962 2009 47,600 2010 54,000

Proposed Legislation 231. Deputy Aodhán Ó Ríordáin asked the Minister for Education and Skills when legislation will be brought forward to amend existing legislation under the National Educational Welfare Act 2000 which would expand the remit of the act and the resources of the National Education Welfare Board to all children enrolled in any school regardless of age; and if he will make a statement on the matter. [9421/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The Deputy will be aware that the establishment of a Department of Children was announced by the Taoiseach on 9 March and Minister Frances Fitzgerald has been appointed as its first Minister. On its establishment the new Department will take responsibility for the National Education Welfare Board and arrangements are being made for the formal transfer of functions from the Department of Education and Skills. 203 Questions— 3 May 2011. Written Answers

[Deputy Ciarán Cannon.]

It is envisaged that while the functions of the Board can be transferred by Order under section 6(1) of the Ministers and Secretaries (Amendment) Act 1939, it will be necessary to bring forward legislation to amend certain sections of the Educational (Welfare) Act, 2000 to ensure synchronicity between the respective Departmental functions. In that context, in principle, I would see merit in an approach where parents, who have chosen to enrol a child under the age of six years in a school, would be treated under the law in the same manner as parents of children over the age of six years and that the same provisions would apply in such cases. The timetable for the legislation has not been set but it will be given further consideration in the near future.

Schools Refurbishment 232. Deputy Noel Harrington asked the Minister for Education and Skills when urgent repairs will be carried out to the roof of a school (details supplied) in County Cork; and if he will make a statement on the matter. [9431/11]

233. Deputy Regina Doherty asked the Minister for Education and Skills the reason the application by a school (details supplied) in County Meath, under the emergency work scheme was unsuccessful; his views on the summer works programme 2011 and the inclusion of necessary improvements other than those within the remit of electrical and heating improvements in order that schools would have the necessary upgrades made; and if he will make a statement on the matter. [9432/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The school referred to by the Deputy was advised earlier this year that its application for funding under my Department’s Emergency Works Scheme was unsuccessful as the application did not qualify for funding under the terms of the Scheme. I am pleased, however, to confirm that the school was successful in its application for funding under the 2011 Summer Works Scheme for works to the mechanical system including works to the septic tank. A letter to this effect has issued to the school. Applications from schools for gas, mechanical and electrical works were prioritised for Summer Works funding this year. Unfortunately, due to the scale of demand for funding under the scheme, it was not possible to grant aid all applications and accordingly it has been necessary to prioritise some categories of works over others. My Department has sought to prioritise the funds that are available towards works that are most relevant to the health and safety of staff and students alike in our schools.

204 Questions— 3 May 2011. Written Answers

234. Deputy Regina Doherty asked the Minister for Education and Skills if he will reconsider the application made by a school (details supplied) in County Meath, under the summer works programme 2011, to have necessary improvement works made on the steps leading to the entrance of the school; his views on the health and safety responsibilities of his Department should an accident occur as a result of the application for grant under the summer works programme 2011 being unsuccessful; and if he will make a statement on the matter. [9433/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I can confirm that the school referred to by the Deputy submitted an application to my Department for funding under the 2011 Summer Works Scheme. A list of 453 successful schools was announced on 30 March 2011 and I regret that the application made by the school referred to by the Deputy was not selected. A letter to this effect has issued to the school. Applications from schools for gas, mechanical and electrical works were prioritised for Sum- mer Works funding this year. Unfortunately, due to the scale of demand for funding under the scheme, it was not possible to grant aid all applications and accordingly it has been necessary to prioritise some categories of works over others. For works that are of a very urgent nature, it is open to the school authorities to consider if the works in question qualify for funding under my Department’s Emergency Works Scheme. An emergency is deemed to be a situation which poses an immediate risk to health, life, property or the environment which is sudden, unforeseen and requires immediate action and, in the case of a school, if not corrected would prevent the school or part thereof from opening. Details of the Scheme, together with an application form for grant assistance, can be accessed on my Department’s website at www.education.ie.

Special Educational Needs 235. Deputy Noel Harrington asked the Minister for Education and Skills if he will carry out a comprehensive review of the reduction of staff numbers involved as special needs assistants; his views on the expected numbers involved in the coming years; and if he will make a statement on the matter. [9436/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I wish to advise the Deputy that, as opposed to there having been a reduction in the number of Special Needs Assistants (SNAs), there has been a continual increase in the number of SNAs in recent years. For example, there were 10,543 Whole Time Equivalent (WTE) SNA posts in place at the end of 2010 and 10,342 at the end of 2009. I intend to prioritise and support special educational services. However, I cannot re-visit the previous Government’s decision to place a cap on the number of posts available under the SNA scheme. This number is 10,575 whole time equivalent (WTE) posts. This is a significant number of posts and unlike other areas of the public sector vacancies are being filled up to this number. The National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and SNAs to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support, which now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts. It is considered that with equitable and careful management and distribution of these resources that there should be sufficient posts to provide access to SNA support for all children who require such care support to attend school, in accordance with Departmental criteria.

205 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.]

The NCSE recently issued a circular to all schools advising of the SNA allocation process for the 2011/2012 school year. A key feature of the amended scheme will be to provide for an annual allocation of SNA support to eligible schools. The NCSE asked schools to submit all applications for SNA support to them by 18th March, 2011 and intend to inform schools of their annual SNA allocation as soon as possible, in advance of the coming school year. My Department and I will be glad to consider any suggestions from school management or parent representative organisations as to how the allocation of SNA resources can best be managed within the context of the overall limit on SNA numbers established. In this regard I am committed to making whatever improvements are possible to the resource allocation system.

Schools Building Projects 236. Deputy Ciara Conway asked the Minister for Education and Skills his plans to open a school (details supplied) in County Waterford; the criteria which must be met in relation to being granted temporary status by him; and if he will make a statement on the matter. [9439/11]

Minister for Education and Skills (Deputy Ruairí Quinn): A review of the criteria and procedures for the establishment of new primary schools has been undertaken by the Commission on School Accommodation and its report has recently been published on my Department’s website. It will be necessary to consider the report’s recommendations and proposals. In the interim it is not proposed to recognise any new primary schools, except in areas where the increases in pupil numbers cannot be catered for in existing schools and which require the provision of new schools. The establishment of new schools, including the request for a new school in the area referred to by the Deputy, will be considered in this context. In line with a commitment given in The Programme for Government I have launched a Forum on Patronage and Pluralism in the Primary Sector which will enable all stakeholders including parents to engage in open debate on change of patronage in communities where it is appropriate and necessary.

School Staffing 237. Deputy Michael Healy-Rae asked the Minister for Education and Skills if he will retain the third teacher at a school (details supplied) in County Cork; and if he will make a statement on the matter. [9452/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September. The staffing schedule for the 2011-2012 school year was published on my Department’s website in March 2011. The staffing schedule also includes an appeals mechanism for schools to submit an appeal under certain criteria to an independent Appeal Board. Details of the criteria for appeal are contained in the staffing schedule, Circular 0019/2011. The Appeal Board operates independently of the Department and its decision is final.

Departmental Bodies 238. Deputy Seán Kenny asked the Minister for Education and Skills the attendance records

206 Questions— 3 May 2011. Written Answers of the members of the HETAC at their council meetings over the past five years; the fees, remuneration and expenses paid to each member of the council for each of the past five years. [9457/11]

Minister for Education and Skills (Deputy Ruairí Quinn): HETAC members do not receive any fees or remuneration for their service. Records in relation to attendance at HETAC Council meetings and expenses received by Council members are not recorded at my Depart- ment. I have asked officials at my Department to request this information from HETAC and it will be forwarded to the Deputy as soon as possible.

239. Deputy Seán Kenny asked the Minister for Education and Skills the attendance records of the members of the National Education Welfare Board at their board meetings over the past five years; the fees, remuneration and expenses paid to each member of the board for each of the past five years. [9458/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): Records in relation to attendance at National Educational Welfare Board meetings are not recorded in my Department. I have asked officials at my Department to request this information from the National Welfare Educational Board and it will be forwarded to the Deputy as soon as possible.

Departmental Statistics 240. Deputy Seán Kenny asked the Minister for Education and Skills the number of students who are expected to graduate as physiotherapists, nurses, dental nurses, midwives, and occupational therapists in 2011 and if he will provide the same for each of the past four years. [9459/11]

Minister for Education and Skills (Deputy Ruairí Quinn): Available data on the number of new entrants and graduates in respect of these disciplines is provided in the table supplied by the Higher Education Authority. 2010 graduate data and final year enrolments for the current year are not available yet. As nursing, physiotherapy and occupational therapy are four year degree programmes, the level of enrolments in 2007 provides an approximate indication of what the expected graduate output may be in 2011. However, actual output will depend on a number of factors, including attrition rates, the level of repeats and students taking a break in their studies. Similarity the level of enrolments in 2008 and 2009 provide some indication of the number of dental nurses who may graduate in 2011.

Graduates

2009 2008 2007 2006

Nursing (Inc Midwifery)* Level 8 1,537 1,761 1,791 1,587 Physiotherapists Level 8 128 115 146 123 Occupational Therapy Level 8 74 81 76 45 Dental Nurses** Level 6+7 46352715 *Graduate numbers for Midwifery are included in the nursing figures as both are included under the same ISCED code 723. **Dental Nurses graduate with a level 6 or 7 qualification depending on the course completed. 2009, 2008 and 2007 figures are combined numbers for the IOT and University sector. 2006 figures are for the university sector only as 2006 and earlier data was collected by the statistics section of the DES.

207 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.] New Entrants

2009 2008 2007 2006

Nursing (Inc Midwifery)* Level 8 1,531 1,742 1,884 1,678 Physiotherapists Level 8 120 117 120 122 Occupational Therapy Level 8 95 93 87 95 Dental Nurses** Level 6+7 54574640 *New entrants numbers for Midwifery are included in the nursing figures as both are included under the same ISCED code 723. **Dental Nurse courses are at level 6 or 7 depending on the course. Data for all years are combined figures for the IOT and university sector.

Special Educational Needs 241. Deputy Terence Flanagan asked the Minister for Education and Skills the position regarding a special needs assistant in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [9470/11]

National Drugs Strategy 242. Deputy Robert Dowds asked the Minister for Education and Skills his plans to return to participation in drugs task forces; and if he will make a statement on the matter. [9491/11]

Minister for Education and Skills (Deputy Ruairí Quinn): My Department’s commitment to the National Drugs Strategy is evidenced in the assignment of two senior staff to work predomi- 208 Questions— 3 May 2011. Written Answers nantly on issues relating to the Strategy from an educational perspective and also in the continued Department representation, at senior level, on bodies such as the Oversight Forum on Drugs, the Drugs Advisory Group and the National Advisory Committee on Drugs. Due to staffing constraints and the outcome of work prioritisation across my Department which identified capacity shortfalls in several key areas, it is not possible to nominate representatives to all of the 24 local and regional drugs task forces. The Vocational Education Committees (VECs) are represented on the majority of drugs task forces. Recognising this, the Office of the Minister for Drugs recently invited the Irish Vocational Education Association (IVEA) to nominate a representative to the Drugs Advisory Group. This nomination has been made. In this context, it has been agreed between my Depart- ment and the IVEA that VEC representatives of the different task forces will bring relevant issues to the attention of my Department by means of a sub-committee, to be established shortly. This new approach aims to provide a communication channel between the key education partners in relation to the effective implementation of the National Drugs Strategy. I am committed, within the resources available to my Department, to provide support, from an educational perspective, for the National Drugs Strategy.

School Patronage 243. Deputy Gerald Nash asked the Minister for Education and Skills the process he will deploy in order to decide on the patronage of a proposed new second-level school for the Drogheda area; the timeframe involved; and if he will make a statement on the matter. [9499/11]

Minister for Education and Skills (Deputy Ruairí Quinn): My Department has recently announced plans to open at least 13 new post-primary schools over the next five years to cater for increased demographics in a number of locations, including the Drogheda area. Decisions on the patronage of any new second level school will be taken in line with the Programme for Government which gives a commitment to move towards a more pluralist system of patronage at post primary level, recognising a wider number of patrons. It is my intention to prioritise this policy in the weeks and months ahead.

Special Educational Needs 244. Deputy Gerry Adams asked the Minister for Education and Skills the total number of special needs assistants employed in County Louth and in east Meath in 2007, 2008, 2009 and 2010. [9527/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The information requested by the Deputy on the number of special needs assistants employed in County Louth and East Meath on the dates specified is not readily available. The number of Special Needs Assistants employed nationally from 2007 to 2010 is available in the following document. The details for each year are the December figures for the year in question. The primary schools information is inclusive of the special schools details. The Deputy will be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating special needs resources to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. The NCSE will continue to support schools, parents, children and teachers and special needs assistants will

209 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.] continue to be deployed to schools to meet children’s needs in line with my Department’s policy.

Number of Special Needs Assistants

Year Number of Special Needs Assistants in Number of Special Needs Assistants in Post Primary schools Primary Schools, including VECs.

2007 8,038 1,786 2008 8,440 2,002 2009 8,392 1,950 2010 8,401 2,142

Teacher Education Programmes 245. Deputy Eoghan Murphy asked the Minister for Education and Skills if he has met with the group TEACH or has been made aware of their proposal known as the Newman solution; and if he will make a statement on the matter. [9534/11]

Minister for Education and Skills (Deputy Ruairí Quinn): My Department has received the proposal known as the Newman Solution and is considering the impacts it would have including funding, on the capacity of the colleges of education to administer an extra year and extended periods of teaching placements and on the school system. The Deputy may be aware that there are significant changes currently under consideration for primary initial teacher education programmes. The draft national plan on Literacy and Numeracy which was launched in November 2010 sets out national targets covering early childhood, primary education and post-primary education. The targets seek to foster a better culture of reading and more positive attitudes towards mathematics among young people. A key element of the plan relates to Initial Teacher Education (ITE):

• lengthening the Bachelor of Education degree programme for primary teachers to four years and the dropping of many academic subjects in colleges of education in favour of the study of education and literacy and numeracy teaching;

• lengthening of H Dip Ed course for post-primary teaching to two years;

• longer and more structured teacher practice sessions.

The courses are not simply to be lengthened, but to be reconfigured so that there is greater integration of academic and practical elements, and so that the graduates will be reflective practitioners capable of self-direction and applying current research on an ongoing basis to their own teaching. Concurrently, The Teaching Council, the professional body for teachers, has recently launched its Draft Policy Paper on the Continuum of Teacher Education which will bring together Initial Teacher Education, induction and early and continuing professional development (CPD). The Council sought views, comments and suggestions of stakeholders on this important document which also envisages lengthening of the Bachelor of Education course to a minimum of four years and the post graduate programme for primary teachers to two years by 2012/13. The implementation of these measures would be a significant undertaking by the Colleges of Education, the Teaching Council and my Department which requires, discussion, debate and careful planning and preparation in order to achieve the best outcome possible. 210 Questions— 3 May 2011. Written Answers

I understand that the Teaching Council has also been made aware of the “Newman Solution” which will be considered in the context of the proposed reforms to primary initial teacher education programmes.

Higher Education Grants 246. Deputy Jack Wall asked the Minister for Education and Skills if a person (details supplied) in County Kildare will qualify on their status for a third level grant; and if he will make a statement on the matter. [9573/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The decision on eligibility for a student grant is a matter for a student’s local grant awarding body — the relevant local authority or VEC. In the absence of all of the relevant details that would be contained in an individual’s application form, including those relating to age, residence, means, nationality and previous academic attainment, the Deputy will appreciate that it would not be possible for me to say whether or not a student would qualify for a grant. However, the specific clause relating to nationality in the 2010 student grant schemes stipulates that:

Candidates must be a national of—

(i) an EU Member State,

(ii) a state which is a contracting state to the EEA Agreement,

(iii) the Swiss Confederation, or

— a refugee or other person entitled for the time being to the rights and privileges specified in section 3 of the Refugee Act 1996; or

— be a person, pursuant to the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006)—

(i) who the Minister for Justice, Equality and Law Reform has determined is eligible for the time being for subsidiary protection pursuant to Regulation 4 of those Regu- lations, or

(ii) to whom the Minister for Justice, Equality and Law Reform has granted permission for the time being in writing to enter and reside in the State pursuant to Regulation 16 of those Regulations; or

— have permission to remain in the State as a family member of a Union citizen under the provisions of the European Communities (Free Movement of Persons) Regulations 2006 and 2008 and Directive 2004/38/EC of the European Parliament and of the Council; or

— have permission to remain in the State by virtue of marriage to an Irish national residing in the State, or be the dependent child of such person, not having EU nationality; or

— have been granted Humanitarian Leave to Remain in the State (prior to the Immigration Act 1999); or

— be a person in respect of whom the Minister for Justice, Equality and Law Reform has granted permission to remain following a determination not to make a deportation order under section 3 of the Immigration Act 1999.

211 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.]

Again, as nationality is only one aspect of a student grant application, the student in question is advised to submit a fully completed application form to his/her grant awarding authority to establish eligibility or otherwise for a grant. Further useful information on the student grant schemes is available on the studentfinance.ie website.

Programmes for Government 247. Deputy John McGuinness asked the Minister for Education and Skills the specific proposals in the programme for Government for which he is responsible; the target dates he has agreed for the delivery of these proposals; and if he will publish an implementation schedule. [9582/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Programme for Government agreed between the Labour Party and Fine Gael is a plan that draws on the best of both parties, united in their commitment to bring fresh ideas, new energy and renewed hope to the leadership of our country. It is the pledge of a national government, united in the national interest. The document contains a comprehensive set of policy goals, which are to be implemented over the lifetime of this government. In the area of education these include specific commitments in relation to raising educational standards, making literacy a national cause, reforming the patronage system, the school building programme, and reform of the third level sector. The Programme for Government also outlines the Government’s intent to deliver equity in education, prioritise lifelong learning and encourage the development of the international education sector here. The Government’s main ambition in education is to build a knowledge society and to improve educational outcomes for all students and learners even at a time of national crisis. I intend to prioritise a number of these issues in the short to medium term. I have already launched the Forum on Patronage and Pluralism in the Primary Sector and will be prioritising the finalisation of the draft literacy and numeracy plan over the coming months. I am also looking forward to receiving the outcomes of the NCCA’s national consultation on reform of the junior cycle in the near future. I am committed to progressing all aspects of the Programme for Government over the next five years and will be discussing the remaining commitments with my officials over the coming months with a view to further prioritisation within the resources available to me over that period.

Schools Refurbishment 248. Deputy Jim Daly asked the Minister for Education and Skills if the poor standard of sanitary facilities and mechanical installation was considered when an unsuccessful decision was arrived at in relation to the summer works scheme for a school (details supplied) in County Cork; and if he will make a statement on the matter. [9599/11]

Minister for Education and Skills (Deputy Ruairí Quinn): An application under the 2011 Summer Works Scheme has been received from the school referred to by the Deputy. A list of 453 successful schools was announced on 30 March 2011 and I regret that the application for sanitary facilities and associated mechanical works made by the school referred to by the Deputy was not selected. A letter to this effect has issued to the school. Applications from schools for gas, mechanical and electrical works were prioritised for Sum- mer Works funding this year. Unfortunately, due to the scale of demand for funding under the

212 Questions— 3 May 2011. Written Answers scheme, it was not possible to grant aid all applications and accordingly it has been necessary to prioritise some categories of works over others. My Department has sought to prioritise the funds that are available towards works that are most relevant to the health and safety of staff and students alike in our schools.

Pupil-Teacher Ratio 249. Deputy Jim Daly asked the Minister for Education and Skills if any exception can be made to the pupil-teacher ratio provisions at a school (details supplied) in County Cork due to a large number of junior students attending up to second class; and if he will make a statement on the matter. [9600/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The staffing schedule for primary schools for the school year 2011/2012 was published on my Department’s website in March 2011. It sets out in a fair and transparent manner the pupil thresholds for the allocation of mainstream classroom posts for all schools. It is not possible to make an exception to the staffing schedule in the case of the school referred to by the Deputy. School authorities are requested to ensure that the number of pupils in any class is kept as low as possible, taking all relevant contextual matters into account (e.g. classroom accommodation, fluctuating enrolment etc.) In particular, school authorities should ensure, as far as possible, that there is an equitable distribution of pupils in mainstream classes and the differential between the largest and smallest classes is kept to a minimum.

Special Educational Needs 250. Deputy Jim Daly asked the Minister for Education and Skills the position regarding an application for resources in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [9601/11]

213 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.] the targets set out in the Governments Employment Control Framework. The NCSE has issued a Circular to schools advising them that the final date for schools to submit any outstanding, completed, applications for resource teaching supports is 13th May 2011. On receipt of all outstanding applications the DES and NCSE will be in a position to consider resource allocation for the coming school year, in the context of the Departments Employment Control Framework obligations. Schools will be notified of their allocations as soon as possible.

Schools Building Projects 251. Deputy Tom Hayes asked the Minister for Education and Skills the position regarding an application for school building funding from a school (details supplied) in County Tipperary; and if he will make a statement on the matter. [9608/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The project for the school to which the Deputy refers is included in the 2011 School Building Work Programme to complete tender documents and proceed to tender this year. Planning Permission has been secured and my Department is currently awaiting submission of the stage 2(b) report, including tender documents, from the school and its design team. When the stage 2(b) submission has been received and examined and assuming no issues arise, the project will then proceed to tender stage.

252. Deputy John McGuinness asked the Minister for Education and Skills the progress, if any, in plans to provide an extension at a school (details supplied) in County Kilkenny; if his officials have met with the board of management; if he will report on that meeting; and if he will make a statement on the matter. [9626/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The school to which the Deputy refers applied to my Department for large scale capital funding for an extension. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a Band 2 rating. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are available on my Department’s website. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, is available on the Department’s website at www.education.ie. The Forward Planning Section of my Department is finalising its analysis of all areas in the country in order to determine the level of additional school provision which will be required at both primary and post primary level up to 2017. Overall primary and post-primary requirements are being considered in this context. The progression of all large scale building projects arising from Forward Planning Section’s analysis will be considered in the context of my Department’s School Building and Modernis- ation Programme. My officials will be in contact with the school authorities shortly in relation to their application.

FÁS Training Programmes 253. Deputy Simon Harris asked the Minister for Education and Skills the advice he would offer to a trainee electrician, currently entering his or her fourth year of study, who is encoun-

214 Questions— 3 May 2011. Written Answers tering increasing difficulty in finding the paid placements needed to complete the course; and if he will make a statement on the matter. [9631/11]

Minister for Education and Skills (Deputy Ruairí Quinn): While the onus for finding an on- the-job work placement lies with the apprentice in the first instance, FÁS can assist apprentices in this regard through the provision of information on job vacancies at local FÁS Employment Services offices, through its freephone service (1800 611 116) or via its FÁS website at www.fas.ie.FÁS is currently implementing a number of initiatives to support registered redundant apprentices to progress in their apprenticeships, including work placements. The 2011 Redundant Apprentice Placement Scheme funded by my Department and administered by FÁS aims to facilitate up to 1,000 eligible redundant apprentices to complete the on- the-job training phases 3, 5 and 7 of their apprenticeships with FÁS approved employers in either the private sector or, for the first time, the public sector. Other initiatives taken by FAS to assist redundant apprentices to progress in their apprenticeships include ‘Changes in Progression Rules’ whereby redundant apprentices unable to complete their relevant on-the- job training phases are now permitted to progress to the next Off-the-Job training phase. Under the ‘Phase 7 Equivalent Assessments Scheme’, redundant construction trade apprentices unable to complete on-the-job Phase 7 Assessments at an employer undertaken Phase 7 Equivalent Assessments at a FÁS Training Centre. The ‘Recognition of Prior Learning Scheme’ allows redundant apprentices who have successfully completed all apprenticeship training Phases 1 to 7 but who have not completed the statutory four years in employment as an apprentice to validate their competence by submitting a portfolio of evidence of trade related work experience gained at home and/or abroad and/or trade related training and education. Under the ‘Fee Waiver Scheme’,FÁS day and/or evening courses course fees are waived for redundant apprentices.

Schools Building Projects 254. Deputy Tom Fleming asked the Minister for Education and Skills if he will provide the necessary funding as a matter of urgency for a school (details supplied) in County Kerry as the current situation is causing a health and safety issue. [9639/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I am pleased to advise the Deputy that a project to provide an extension for the school to which he refers was included in the Ministerial announcement of 24 January 2011. Briefs will be formulated in 2011 and the process of appointing a Design Team will commence. My officials will be in contact with the school authority in due course relating to the steps to be taken to progress the project.

School Curriculum 255. Deputy Joe McHugh asked the Minister for Education and Skills, further to Parliamen- tary Question No. 159 of 12 April 2011, if he will reconsider the matter in view of the fact that the relevant organisation is not seeking funding but instead seeks official recognition from his Department; and if he will make a statement on the matter. [9718/11]

Minister for Education and Skills (Deputy Ruairí Quinn): My Department has no objection to schools participating in the Junk Kouture initiative, should they wish to do so. As stated in Parliamentary Question No. 159, which was answered on 12 April 2011, the initiative supports aspects of the Art Craft and Design, Home Economics, Civic Social and Political Education, Science, Business and Social and Environmental studies aspects of the curriculum in second

215 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.] level schools. Overall, education for sustainable development and environmental awareness and care are significant themes underpinning many subjects within the curriculum in our schools. These issues also feature in the Transition Year programme, where each school has the flexibility to design its own programme within a framework set out by my Department. As part of this, schools are encouraged to provide for innovative activities which develop students’ key competences in such areas as research, planning and budgeting, design, team work, and evaluation. Many schools provide musicals, fashion shows and participate in competitions as part of this approach. Schools therefore have discretion as to whether they wish to participate in Junk Kouture in meeting the learning objectives of the Transition Year Programme, or in supporting other aspects of the curriculum. They may also fund participation in the programme from the capitation grants and other programme resources allocated to schools, should they wish to do so. The Department’s logo is approved for use for programmes or projects that are funded wholly or in part by the Department of Education and Skills, as is the case with the Young Scientist exhibition. It should not, under any circumstances, be used by a commercial company to advertise a product or distribute educational material. It is not the policy of my Department to endorse commercial products.

Third Level Admissions 256. Deputy Joe McHugh asked the Minister for Education and Skills if he will address a matter (details supplied); and if he will make a statement on the matter. [9719/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The CAO is a private (not-for- profit) company and receives no State funding. The higher education institutions have delegated to the CAO the task of processing centrally applications for admission to their first year undergraduate courses. My Department has no role to play in relation to the operation of the CAO. It is my understanding that it is not possible for a third party to seek to make changes to any individual’s application. However, individual applicants may change their personal information by contacting the CAO either online or in writing. Personal changes submitted in paper form should be sent to CAO, Tower House, Eglinton Street, Galway. Changes submitted in paper form will be acknowledged by the CAO in the form of a Statement of Application Record. Online changes should be made by using the ‘Contact Us’ facility on the CAO website www.cao.ie. Changes submitted online will be acknowledged through the e-mail address supplied by the applicant.

School Closures 257. Deputy Michael Healy-Rae asked the Minister for Education and Skills his plans to identify schools that may be under threat following the review of schools with fewer than 50 pupils, to outline the proposed changes regarding school transport and to identify ways of ensuring these schools will not have to close; and if he will make a statement on the matter. [9728/11]

Minister for Education and Skills (Deputy Ruairí Quinn): As the Deputy will be aware, a value for money review was initiated in October 2010 by the then Fianna Fáil/Green Party government in order to establish the value for money being achieved from state funding of small primary schools. This review is part of the normal review processes undertaken by Departments on an annual basis on selected areas of expenditure. I have no predetermined

216 Questions— 3 May 2011. Written Answers view on the outcome of the review. Educational quality for the pupils must be one of the main criteria in any consideration of primary school size and organisation, taking into account both the needs of local communities and wider social and cultural factors. The review should be completed by the end of this year and I plan to consider the review’s conclusions when it is finalised. The Deputy refers to the changes to the school transport scheme which were announced by the previous Minister and are due to be implemented with effect from September next. The changes to the school transport scheme are an entirely separate matter to the review of the small schools and were designed in order to achieve necessary savings in school transport with minimum impact to service beneficiaries. In considering any policy change in relation to small schools, I am conscious that there are many issues to be taken into account. Among these issues are the locations of small schools relative to each other and to other schools of a similar type and the question of travel distances and transport costs. I can assure the Deputy I will be taking all these matters into account when considering the outcome of the review.

Adult Education 258. Deputy Michael Healy-Rae asked the Minister for Education and Skills the position regarding funding for group tuition and adult literacy in County Kerry (details supplied); and if he will make a statement on the matter. [9729/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): My Department provides annual grants to Vocational Education Committees (VECs) for adult literacy services. Budget 2011 provided for an average reduction of 5% in funding grants for VECs, including grants for adult literacy, and the 2011 provision for adult literacy services for County Kerry VEC (Kerry Education Service) reflects this. The disbursement of these funds is a matter for each VEC which, subject to its budgets, decides the nature and extent of the adult literacy services to be provided in their area. The organisation and location of courses are also matters for decision by the VECs.

Physical Education 259. Deputy Sandra McLellan asked the Minister for Education and Skills his plans to ensure that school children receive the recommended 120 minutes per week of physical education. [6191/11]

Minister for Education and Skills (Deputy Ruairí Quinn): It is my belief that a well planned Physical Education programme has a vitally important role to play in a broad and balanced curriculum for our primary and second level students. At primary level, Physical Education is one of seven curriculum areas within the revised Primary School Curriculum launched in 1999 and implemented on a phased basis over the period to 2008. Physical Education was implemented in 2005/6 supported by a national programme of professional development for teachers. The curriculum includes six broad strands featuring Athletics, Dance, Gymnastics, Games, Outdoor and adventure activities and Aquatics, and is based on a recommended teaching timeframe of one hour per week. In accordance with the Rules and Programme for Secondary Schools, all second level schools should provide Physical Education as part of the curriculum. The programme that each school plans and delivers should be based on my Department’s approved syllabuses and the teaching hours should be registered on the school timetable. In addition to PE, the importance of healthy lifestyles and physical exercise is also featured as part of the Social Personal and Health Edu-

217 Questions— 3 May 2011. Written Answers

[Deputy Ruairí Quinn.] cation Programme which is a mandatory part of the curriculum in primary schools and in junior cycle. Apart from the formal curricula, schools take a range of measures to encourage physical activity among students during the school day and many provide extensive, broad-based programmes of co-curricular physical activities that are highly rewarding for both pupils and teachers alike. In particular, schools play a major role in nurturing and promoting the involvement of students in sporting activities in the wider community. Sports organisations such as the Gaelic Athletic Association, Basketball Ireland, the Football Association of Ireland provide extensive opportunities for such participation. The achievement of a minimum of 30 minutes dedicated physical activity per day recommended in the Task Force on Obesity is unrealistic in the context of a number of factors:

• The length of the school day and the challenge to cover all the subjects in the curriculum adequately. Any changes to the length of the school day would require negotiation with the teachers’ unions allied with the commitment of significant additional resources.

• The necessity to use games/sports facilities to provide for all pupils in each school. There are limitations to the numbers that can use some resources at any one time.

• The fact that primary school pupils have just half an hour for lunch and need to spend at least half of that time eating a proper lunch.

It is important to realise that children spend just 20% of their waking hours at school and so their level of physical activity during the rest of the week in just as important. Indeed, the “State of the Nation’s Children 2010” report found that children in Ireland are doing well on physical activity, ranking first across 40 countries in being physically active for at least 60 minutes per day on more than 4 days per week.

Private Education 260. Deputy Richard Boyd Barrett asked the Minister for Education and Skills the extent of the Government subsidy to private education; and if he will provide a breakdown of this subsidy. [9897/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The information requested by the Deputy is being compiled and will be forwarded to him.

Schools Building Projects 261. Deputy Noel Grealish asked the Minister for Education and Skills the position regarding the application under the schools building programme by a school (details supplied) in County Galway; and if he will make a statement on the matter. [9898/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The brief for the building project to which the Deputy refers was revised in 2007 from an extension and refurbishment of existing accommodation to one intended to provide two new schools on the existing site. The Deputy will note that this project was not included in the 2011 school building work programme announced earlier this year. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will continue to be considered in the context of the Department’s multi-annual School Building and Modernis- ation Programme.

218 Questions— 3 May 2011. Written Answers

Business Regulation 262. Deputy Derek Nolan asked the Minister for Enterprise, Trade and Innovation the position regarding recent international developments in support of introducing an international accounting standard requiring multinational companies to provide tax reports on their activities on a country basis; if he supports such moves; and if he will make a statement on the matter. [9211/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): Financial reporting by multinational companies is being considered in a variety of forums including the OECD, at EU Council and Commission levels, by the International Accounting Standards Board (IASB), and in the US. Section 1504 of the 2010, US Dodd-Frank Act requires all extractive companies (e.g., minerals, oil, or natural gas) listed on US stock exchanges to publish payments made to governments on a country-by-country basis. In the EU, the Council conclusions of 14 June 2010 encouraged the EU and its Member States to work towards exploring country-by-country reporting as a standard for multinational corporations, by encouraging the OECD to pursue its work on country-by-country reporting, including as regards the OECD Guidelines for Multinational Enterprises and its Principles for Corporate Governance. It also concluded that Member States should also support the work of the IASB consultation on a country-by-country reporting requirement in International Finan- cial Reporting Standard 6 “IFRS 6” for the extractive Sector, and encourage the IASB to look beyond the extractive sector. It is understood that the Board is still deliberating on these matters. Earlier this year, the European Commission conducted a public consultation on country-by- country reporting by EU/EEA multinational companies in relation to the disclosure of financial information on their operations in third countries (i.e. non-EU/EEA countries). In this connection it is interesting to note that the Commission also made a distinction between general country-by-country reporting by multinational companies and specific transparency obligations in respect of payments to third country governments by companies active in the extractive industries. My officials, in consultation, as appropriate, with colleagues from other relevant Depart- ments, will actively participate in any EU proposals brought forward in these areas that fall within my Department’s remit.

Trade Relations 263. Deputy Aodhán Ó Ríordáin asked the Minister for Enterprise, Trade and Innovation the initiatives currently being undertaken to increase Ireland’s trade with and exports to the crucial emerging economies of Brazil, Russia, India and China; and if he will make a statement on the matter. [9380/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): The Government is fully committed to developing and expanding engagement with the key high-potential markets of Brazil, Russia, India and China, as these countries are very promising destinations for the sale of Irish goods and services. The agreed Programme for Government sets out clearly that Ireland’s economic recovery must be export-led. That Programme commits us to achieve the maximum growth in exports, including the long-term development of new markets. In addition, we will position Ireland to develop better trade relationships with emerging economies and the Government has given a commitment to progressively implement the recommendations in the strategy and action plan

219 Questions— 3 May 2011. Written Answers

[Deputy Richard Bruton.] for Irish Trade, Tourism and Investment to 2015, entitled Trading and Investing in a Smart Economy. That Strategy takes a two-pronged approach, focussing on particular markets and sectors. In terms of markets, it identifies potential to further grow our existing key markets — and, most particularly, to increase or gain a foothold in high-growth and high-potential markets, such as Brazil, Russia, India and China. The targets agreed by the relevant State Agencies — Enterprise Ireland, IDA Ireland, Bord Bia, Tourism Ireland, Science Foundation Ireland — are to be implemented through a suite of actions driven by a new Trade Council. Key instruments to pursue trade expansion are, of course, Trade Missions and over the last five years, Taoiseach-led Trade Missions have been organised to China and India and several other Ministerial-led Trade Missions have taken place to China, India, Russia and Brazil. I myself have just returned from the latest Trade Mission to India where I led 22 Enterprise Ireland client companies on a very successful programme of events in that country. A further indicator of commitment is the fact that the Department of Foreign Affairs has expanded its network of Embassies and Consulates in some of those countries and Enterprise Ireland has opened new offices to facilitate Irish companies developing export opportunities there. In addition, Enterprise Ireland has a dedicated High Growth Markets Unit in Dublin to provide further assistance to client companies doing business in a range of countries, including Brazil, Russia, India and China. All the efforts have borne considerable fruit. Between 2005 and 2010, Merchandise exports to these countries rose by 73% and between 2004 and 2009 (latest available year) services exports rose by 622%. A key example of this success is the fact that Ireland now has a modest trade surplus with China, a dramatic turnaround from the position only three years ago when we had a trade deficit of €2.9 billion with that country.

Work Permits 264. Deputy Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Innovation if he will confirm if current residence in the State without immigration permission is an absolute disqualification for an employment permit, green card permit, work permit, spousal or dependant permit or intra-company transfer permit in all cases without exception; and if he will make a statement on the matter. [9789/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): My Department processes applications in respect of the different types of employment permits — Green Cards Permits, Work Permits, Spousal/Dependant Permits and Intra-company Transfer Permits. All applications are processed in line with the Employment Permits Act 2006. Under Section 12(1)(i) of the Employment Permits Act 2006 an employment permit may not be issued if “the foreign national concerned lands or has landed, or is or has been, in the State without permission”. Accordingly, my Department cannot consider employment permit applications where the person is currently in the State without immigration permission.

265. Deputy Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Innovation the steps that were taken by him in determining that the employment offered was not an eligible category, in line with the Employment Permits Act 2006, in respect of a person (details supplied); and if he will make a statement on the matter. [9790/11]

266. Deputy Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Innovation if he will direct that an employment permit be issued in respect of a person (details supplied)

220 Questions— 3 May 2011. Written Answers who has received an offer of employment in line with the Employment Permits Act 2006; and if he will make a statement on the matter. [9791/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): I propose to take Questions Nos. 265 and 266 together. My Department processes applications in respect of the different types of employment permits (Green Cards Permits, Work Permits, Spousal/Dependant Permits and Intra-company Transfer Permits). All applications are processed in line with the Employment Permits Act 2006. I wish to advise the Deputy that this particular application was refused on 15 March 2011 on the grounds that it appeared that the proposed employee was currently resident in the State without immigration permission. In line with Section 12(1)(i) of the Employment Permits Act 2006, employment permit applications cannot be considered for persons in the State who do not have appropriate immigration permission. In this instance, I am satisfied that a permit cannot be considered at this time and have advised the applicant of this decision in writing.

Ministerial Staff 267. Deputy Brendan Smith asked the Minister for Enterprise, Trade and Innovation the details of all permanent Civil Service or non-established positions in his Department which consist of to assisting Ministers with constituency work; the monthly salaries for these positions; and if any further appointments are envisaged. [9137/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): The following table outlines the detail of all permanent civil service and non-established positions which are in place in my Department for the purpose of assisting Ministers with constituency work. The table also includes the salary scales for each position.

Minister Numbers Grade Salary Scale (per annum)

Richard Burton 1 Clerical Officer (Civil Servant) €23,176 — €37,341 Constituency Office 1 Personal Secretary (non-established position) €23,820 — €45,939 Sean Sherlock 1 Clerical Officer(Civil Servant) €23,176 — €37,341 Minister of State for Research and 1 Personal Assistant (non-established Innovation position) €43,715 — €52,925 Constituency Office 1 Personal Secretary (non-established position) €23,820 — €45,939 John Perry 1 Personal Assistant (non-established position) €43,715 — €52,925 Minister of State for Small Business 0.5 Personal Secretary (non-established position) €23,820 — €45,939 Constituency Office 0.5 Personal Secretary (non-established position) €23,820 — €45,939

No further appointments are envisaged in the immediate future.

Ministerial Appointments 268. Deputy Brendan Smith asked the Minister for Enterprise, Trade and Innovation if 221 Questions— 3 May 2011. Written Answers

[Deputy Brendan Smith.] he will list the details of all State appointments open to direct choice by him on 10 March 2011. [9151/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): I understand that the Deputy is seeking details of any vacancy on any State board on 10 March 2011. The position in relation to bodies that fall under the remit of my Department is as follows:

IDA Ireland There was one vacancy on the Board of IDA on 10 March 2011. This vacancy remains to be filled.

National Consumer Agency There was one vacancy on the Board of the National Consumer Agency on 10 March 2011.

Irish Auditing and Accounting Supervisory Authority (IAASA) IAASA had 2 vacancies on its Board on 10 March 2011. Both vacancies relate to those nominated by the nine Prescribed Accountancy Bodies as outlined in the Companies (Auditing and Accounting) Act 2003.

NERA Advisory Board On 10 March 2011, there were two vacancies on the Advisory Board of NERA, one for nomination by myself and one for nomination by an Employer body.

InterTradeIreland The Board consists of twelve members, six of which originate in the South and six from the North. Of the six nominated by the South, ICTU and IBEC each nominate one member to the Board, these two along with the other four are recommended by me for appointment to the North South Ministerial Council. There were no vacancies on the Board on 10 March 2011.

There were no vacancies on 10 March 2011 for the following Boards: Shannon Development Health and Safety Authority Enterprise Ireland Crafts Council of Ireland National Standards Authority of Ireland Forfás Science Foundation of Ireland Personal Injuries Assessment Board Labour Relations Commission

County Enterprise Boards I do not select, nominate or appoint members to the Boards of the County and City Enterprise Boards (CEBs).

EU Directives 269. Deputy Paschal Donohoe asked the Minister for Enterprise, Trade and Innovation if

222 Questions— 3 May 2011. Written Answers he has received advice from the Attorney General in respect of Mr. Justice Charleton’s ruling on illegal file sharing and transposition of the EU directive on the same; and if he will make a statement on the matter. [9280/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): My Department is in receipt of advice from the former Attorney General in relation to the ruling by Mr. Justice Charleton in the case referred to. In giving his advice on the issue, the Attorney General indicated that it would be prudent to consult both with his office and with the Department of Communications, Energy and Natural Resources with regard to any implementing measures arising from the ruling concerned. My Department is currently in the process of carrying out such consultations.

Job Creation 270. Deputy Michael McCarthy asked the Minister for Enterprise, Trade and Innovation the efforts that have been undertaken by the Industrial Development Agency in west Cork over the past few months to incentivise job creation; and if he will make a statement on the matter. [9287/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): IDA’s strategy document, entitled “Horizon 2020”, sets out the Agency’s targets for the period 2010 to 2014. The investment targets set out in this strategy include the creation of 105,000 new jobs in Ireland during that period and also includes a target of 50% of these investments to be based in locations outside of Dublin and Cork. The challenge in achieving an even spread of investment across the country as a whole is intensified as the sophistication of investments increase. Competition for foreign direct investment (FDI) comes not just from other countries, but from city regions with populations in excess of one million people. Dublin is the only recognised city region in Ireland that meets this criterion. In line with the National Spatial Strategy, “Horizon 2020” places renewed emphasis on the “Gateway” regions, which are going to be critical growth areas in the future. Successful enterprise development and the creation of an attractive location are interdependent. Regions/Gateways that support strong and dynamic enterprise are crucial to Ireland’s return to balanced economic growth. There are currently 130 IDA supported enterprises in Cork City and County employing 20,491 people. In addition to attracting new investment to this country, IDA continues to work closely with its existing clients to encourage the expansion of their operations. The Agency also continues to place a strong focus on transformation within client companies, and has continued to work with existing clients on upskilling programmes, investments in technology uplift and new process developments, in order to deepen their commitment to Ireland. This encourages further business in areas which are compatible with our skills base and which are sustainable within our economy in the longer term. In selecting locations to show companies, IDA Ireland seeks to include locations which have been affected by closures/job losses. Typically, a company is shown three or four selected towns, which can meet its requirements for skills, labour, site and/or buildings, infrastructure, etc. While IDA Ireland seeks to influence the selection of location, the final decision on location is taken in all cases by the promoting company.

223 Questions— 3 May 2011. Written Answers

Work Permits 271. Deputy Anne Ferris asked the Minister for Enterprise, Trade and Innovation if his attention has been drawn to the ongoing problems associated with the current employment permits system, in which workers do not have the right freely to change their employers; if his further attention has been drawn to the recently published Migrant Integration Policy Index which ranked Ireland 28th out of 31 countries in terms of labour market mobility; if he will consider making changes to the permits system in order that workers are granted employment permits within a designated job category with the right to change employer; and if he will make a statement on the matter. [9379/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): Given the huge pressures that exist in the labour market, Irish labour market policy is keenly focused on ensuring that general labour and skills needs are met from indigenous labour and from within the workforce of the European Union. For strategic skills or labour shortages in designated occupations in key economic sectors, Government policy is to issue employment permits for the employment of non-EEA nationals for specific vacancies and in response to employer demand. Our system is demand led and vacancy based as opposed to permit regimes that apply a quota system. Legislative changes introduced in the Employment Permits Act 2006, combined with the administrative measures that my Department operates where particular difficult cases are brought to attention, are sufficient to counter any issues that arise as a result of the restriction on employees moving employment within the initial 12-month period. In the Employment Permits Act 2006, workers benefited significantly in terms of securing much greater freedom in terms of accessing the labour market. For the first time, workers were granted autonomy and control over their own employment choices with the ability to apply and re-apply for their own permit. The Act also allows workers to change their employer after a period of a year and move to another employment in order to take advantage of better conditions or career options. Prospective employers are required to carry out a labour market needs test to justify the issue of permits to non-EEA nationals. It would be unfair on an employer if, having invested the time and expense involved, a new employee were to take up employment with a different employer after a short period, perhaps in an area where no identifiable labour market shortage has been identified. Although employment permits are employer and location specific, it is the case that my Department currently makes best efforts to facilitate those who encounter difficult situations and who wish to change employers. In 2010, for instance, almost 1,200 new employment permits were issued in respect of employees changing to new employers. These permit applications were issued without regard to the normal requirements of advertising the position in daily newspapers and with FÁS. Additionally, where individual instances are brought to the Department’s attention, my Department considers such applications sensitively on a case-by-case basis. In such cases, the normal labour market economic needs test can be dispensed with. That gives those individuals full and free access to all sectors of the labour market and to all employers. In 2010, a total of 92 such applications for new permits of this nature were received of which 70 were granted. I note the Deputy’s reference to the Migrant Integration Policy Index. While the Survey’s methodology is not explicit in the Report, I expect that Ireland’s rating in respect of labour market mobility of migrant workers has been impacted by the severe economic downturn and the contraction of the labour market which has affected mobility opportunities of all workers.

224 Questions— 3 May 2011. Written Answers

I would not necessarily agree with some of the statements in the Report e.g the arrangements for changing employment outlined above are not acknowledged. Similarly, there is no acknowl- edgement that families of persons issued with a Green Card are entitled to immediate family reunification and that Green Card holders may also establish a business in the State on completion of two years legal employment.

Competition Law 272. Deputy Thomas P. Broughan asked the Minister for Enterprise, Trade and Innovation if he will examine the dominant position of some companies in the Irish media industry, including cross-media dominance across newspapers, radio, television and the Internet; if he will commission a review of this phenomenon, leading to new legislation if necessary; and if he will make a statement on the matter. [9474/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): Dominance, per se, in any sector of the economy is not an offence under competition law. However, the Compe- tition Acts 2002-2010 prohibit the abuse of dominant positions in any sector of the economy. The Competition Authority is the independent statutory body responsible for enforcing competition law in the State and complaints of any alleged anti-competitive practice should be referred directly to it. It is, of course, open to any aggrieved party alleging anti-competitive practices, including abuse of a dominant position, to take a private action under Section 14 of the Competition Act 2002. However, in relation to the specific issue of media mergers as opposed to dominance, the Advisory Group on Media Mergers was established in 2008 to review the current legislative framework regarding the public interest aspects of media mergers. The Group’s report was published in 2009, and the eleven recommendations contained therein were considered in the context of a wider review of the operation and implementation of the Competition Act 2002. It is my intention to bring forward legislation during the course of 2011 to reform aspects of competition law, including implementation of the recommendations of the Advisory Group concerning media mergers. I should point out that responsibility for the radio and TV sectors, as well as for digital broadcasting and communications in general, rests with my colleague the Minister for Communications, Energy and Natural Resources. Licensing for broadcasters, through the Broadcasting Authority of Ireland (BAI), is provided for under the Broadcasting Act, 2009. Ensuring open and pluralistic broadcasting services, as well as the promotion of diversity in control of the more influential commercial and community broadcasting services, are also statutory functions of the BAI under that Act.

Programmes for Government 273. Deputy John McGuinness asked the Minister for Enterprise, Trade and Innovation the specific proposals in the programme for Government for which he is responsible; the target dates he has agreed for the delivery of these proposals; and if he will publish an implementation schedule. [9583/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): The Programme for Government, Government for National Recovery 2011-2016, relates to the 5-year period commencing on 9 March last. My initial priority is to create and maintain sustainable jobs and employment opportunities in the economy. I have been working with my Department on actions that can be delivered in the first 100 days of Government to support my priorities.

225 Questions— 3 May 2011. Written Answers

[Deputy Richard Bruton.]

The Government’s Jobs Initiative, which will be published shortly, will set out short-term priority actions. This will include a number of key Programme for Government commitments, including a number directly linked to the Department of Enterprise, Trade and Innovation.

County Enterprise Boards 274. Deputy Jim Daly asked the Minister for Enterprise, Trade and Innovation the incentive schemes available to a person setting up a new accountancy business; and if he will make a statement on the matter. [9605/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): My Department through the County and City Enterprise Boards (CEBs) provide support to micro-enterprises in the start-up and expansion phases by both financial and non-financial assistance. There are four County and City Enterprise Boards located across the county of Cork. The remit of these Boards as part of a nationwide Network is to promote and develop indigenous micro-enterprise potential and stimulate entrepreneurship at local level across the country. To be eligible for CEB grant support an enterprise must be in the commercial sphere, must demonstrate a market for the proposed product/service, must have a capacity for growth and new job creation and must not employ more than 10 people. CEBs can provide both financial and non-financial assistance to a project promoter. The forms of financial assistance, which are available, subject to certain restrictions and conditions, include Priming Grants, Business Expansion/Development Grants, and Feasibility/Innovation Study Grants. The CEBs give priority to enterprises in the manufacturing or internationally traded services sector and must always give consideration to any potential for deadweight and displacement arising from a proposed enterprise. In addition, the CEBs deliver a wide range of non-financial supports such as Business Man- agement, Mentoring, E-commerce, Enterprise Education, and Women in Business Networks. These supports are designed to improve management capability development within micro- enterprises and to assist new and existing enterprises to operate effectively and efficiently so as to last and grow. Due to the Boards’ unique relationship with their clients and the local business community they can specifically tailor their programmes to meet the evolving needs and requirements of these small enterprises going forward. Due to their unique role within the community, CEBs are considered to be a first point of contact for persons wishing to set up in business and in that regard, I would advise the promoter to approach their relevant local CEB in the first instance to discuss what options may be available to them and their proposed business venture. Details of the four Cork Boards are as follows:

Cork City Enterprise Board, located at 1/2 Bruach na Laoi, Union Quay, Cork; Phone No: 021 4961828; Fax No: 021 4961869; e-mail: [email protected]; Website: www.corkceb.ie

North Cork County Enterprise Board, located at Blackwater House, Mallow Business Park, Gouldshill, Mallow, Co. Cork; Phone No: 022 43235; e-mail: [email protected]; Web- site: www.nceb.ie

South Cork County Enterprise Board, located at Unit 6a, South Ring Business Park, Kin- sale Road, Cork; Phone No: 021 4975281; Fax No: 021 4975287; e-mail: [email protected]; Website: www.sceb.ie

226 Questions— 3 May 2011. Written Answers

West Cork County Enterprise Board, located at 8 Kent Street, Clonakilty, Co. Cork; Phone No: 023 8834700; Fax No: 023 8834702; e-mail@ [email protected]; Website: www.wceb.ie.

Job Creation 275. Deputy Tom Fleming asked the Minister for Enterprise, Trade and Innovation his plans for replacement jobs in an area (details supplied) in County Kerry. [9640/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): The recent announcement concerning the closure of the Aetna facility in Castleisland is disappointing for all concerned. However, IDA Ireland and the company are working closely to construct a “prospectus” setting out the skills and capabilities of the workforce and a profile of the facility that IDA can then market internationally as part of their efforts to attract alternative employment to Castleisland. It should be remembered that Aetna will not cease operations in Castleisland until December this year and, therefore, the current facility will be in use up to this time. The company is currently reviewing all its options in relation to use of the premises/site from the end the year. IDA has met with representatives of Aetna twice in the US and has on-going contact with them in Ireland with a view to supporting and advising the workforce at this difficult time and considering all options in relation to finding suitable alternative employment. IDA has highlighted the skills and capabilities of the Aetna workforce to a number of relevant investors. This exercise will intensify over the coming months and include clients of Enterprise Ireland as well as foreign-owned companies. This will increase overall visibility of the Castleisland site across a range of sectors and improve the prospects of finding new employment. FÁS Employment Services Management in the South West Region will make contact with the company and carry out an assessment of all those being made redundant. Following on from that Enterprise Ireland’s Mid West Regional Office will offer to run Enterprise Start programmes in cooperation with the Enterprise Board to facilitate employees. I would like to assure the Deputy that the full resources of the State development agencies are being used to find a replacement industry and to assist the workers who are to be made redundant.

276. Deputy Frank Feighan asked the Minister for Enterprise, Trade and Innovation the programme he and Enterprise Ireland have for job procurement for Boyle, County Roscommon, in view of the fact that a factory unit lies idle and a business park project is in place on a site procured by Roscommon County Council; and if he will make a statement on the matter. [9677/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): Job creation is central to our economic recovery and the Programme for Government has job creation at its core. The role of my Department is to ensure that we have the right policies in place to support and grow our enterprise base in order to facilitate both job creation and job retention. It is only by creating the right environment for businesses to expand that we will see new jobs coming on stream. In terms of job creation, Enterprise Ireland (EI) activity is focussed on the creation of new jobs through supporting entrepreneurs setting up new High Potential Start-Up Companies, the retention and creation of new jobs in existing companies and enhancing the innovation capability of Ireland at a national and regional level through support of research in companies and Third Level institutions. At present, there are over 60 EI client companies in Co. Roscommon,

227 Questions— 3 May 2011. Written Answers

[Deputy Richard Bruton.] employing almost 1,200 people. In 2010, the agency approved over €1.5m for client companies in the county. EI has approved financial support for a total of five community Enterprise Centres in Co. Roscommon. These centres are located in Arigna, Ballaghaderreen, Boyle, Castlerea and Roscommon Town. Boyle Chamber of Commerce has been approved funding in respect of eligible expenditure towards the development of an enterprise centre in Boyle. I understand that it was Boyle Chamber’s original intention to locate the centre on a site owned by Roscommon County Council. However, I have been informed that the Chamber subsequently developed plans to refurbish an existing building in the town as an enterprise centre, which is part funded by EI. Roscommon County Enterprise Board (CEB) is funding the refurbishment of this building and EI funded the purchase. This project is expected to create ten jobs. As regards the closure of the factory in question in 2006, I understand that a new owner, who would operate a food production facility at the site, is being sought. EI has been monitoring the situation closely and even though this is a particularly difficult time for the food industry, I have been informed that two of the agency’s client companies have expressed interest in the facility. Job creation in Roscommon is also supported by the activities of the Roscommon CEB through a series of programmes and both financial and non-financial assistance are available to a project promoter. In 2010, Roscommon CEB provided over €340,000 to 16 projects and assisted more than 500 people in their training and mentoring programmes. During 2011, the Board has continued to support enterprise development in Boyle and throughout the county and will ensure that available funds are targeted to maximise entrepreneurial development. In relation to potential Foreign Direct Investment (FDI) based job creation for the area, IDA Ireland’s strategy for Roscommon is to promote the county as part of an integrated Midlands Region. In line with the National Spatial Strategy, IDA is committed to marketing the County town of Roscommon as a location for FDI. To this end, IDA Ireland works closely with educational institutions in the Region, in developing the best fit between their programs and the skill sets necessary to attract high value added employment to the county. At present there are six IDA Ireland supported companies in Roscommon employing approximately 755 people.

Military Exports 277. Deputy Caoimhghín Ó Caoláin asked the Minister for Enterprise, Trade and Innovation the value of military exports and military export licences issued in 2010. [9731/11]

278. Deputy Caoimhghín Ó Caoláin asked the Minister for Enterprise, Trade and Innovation the value of dual-use exports and export licences issued by his Department in 2010. [9732/11]

279. Deputy Caoimhghín Ó Caoláin asked the Minister for Enterprise, Trade and Innovation the number of military licences refused in 2010; and if he will list the companies refused and the basis for refusal. [9733/11]

280. Deputy Caoimhghín Ó Caoláin asked the Minister for Enterprise, Trade and Innovation the number of dual-use export licences refused in 2010; and if he will list the companies refused and the basis for refusal. [9734/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): I propose to take Questions Nos. 277 to 280, inclusive, together.

228 Questions— 3 May 2011. Written Answers

Preliminary data regarding the value and number of export licences issued in 2010, in respect of military and dual use goods and technology is set out in the following table. Military licences are issued for a limited 12 month period. They cover the export of specified goods or technology to clearly identified destinations and end users. All licence applications are carefully examined to determine what exactly is the end use. My Department consults with the Department of Foreign Affairs in respect of each military licence application before it is issued. Individual dual use licences are also issued for a 12 month period for exports up to a specified amount and to a specific end-user. Global dual-use licences, which are valid for a six month period, can be issued for dual-use goods up to a specified amount for a number of destinations from a specific exporter. A key part of the licensing process in relation to all types of export licence applications is to ensure, as far as possible, that the item to be exported will be used by the stated end-user for the stated end-use, and will not be used for an illicit purpose, e.g. for use in connection with WMD or for use in an embargoed country. The checks and balances built into the licensing system facilitate robust scrutiny in this regard. The criteria taken into account when deciding whether or not to grant an individual or global dual use licence are set out in Article 12 of Regulation 428/2009. It provides that Member States shall take into account “all relevant considerations including”:

(a) the obligations and commitments they have each accepted as members of the relevant international non-proliferation regimes and export control arrangements, or by ratification of relevant international treaties;

(b) their obligations under sanctions imposed by a common position or a joint action adopted by the Council or by a decision of the OSCE or by a binding resolution of the Security Council of the United Nations;

(c) considerations of national foreign and security policy, including those covered by Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment; and

(d) considerations about intended end-use and the risk of diversion.

The Common Position referred to at point (c) above sets out common criteria against which applications for exports of military goods should be assessed. These criteria include, inter alia, essential and important considerations such as the impact on human rights in the country of destination, regional peace, security and stability and the approach of the buying country to the rule of law and terrorism. One dual use licence application was refused in 2010. I do not propose to provide further detail about refusals to grant export licenses due to issues of commercial confidentiality. Infor- mation regarding the value of goods does not represent the actual value of goods exported. Rather it represents the value of goods in respect of which an export licence was granted.

Number of licences issued in 2010 Value of licences in 2010

(€000s)

Individual dual-use licences** 715 1,279,186 Global dual-use licences** 66 174,314 Military licences 98 24,350 **For export control purposes, dual-use goods refer to products which, though manufactured for civilian use, could also have a military application.

229 Questions— 3 May 2011. Written Answers

Employment Rights 281. Deputy Clare Daly asked the Minister for Enterprise, Trade and Innovation his views regarding the waiting period for cases to be heard at the Employment Appeals Tribunal, which can be more than 17 months; the steps he will take to rectify this situation; and if he will make a statement on the matter. [9794/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): The Employment Appeals Tribunal (EAT) was originally established to adjudicate on disputes about redundancy, however, the scope of the Tribunal was extended on several occasions since its establishment and now deals with disputes under 18 pieces of Employment Rights legislation. Members of the EAT panel — employee nominee Members, employer nominee Members and independent Chair and Vice-Chairs — are appointed for fixed terms of office and their services are utilised as required. My Department is responsible for the administration of claims referred to the Tribunal through our provision of staffing resources, ICT facilities and accommodation for the EAT. The Tribunal has seen a marked increase in its caseload in recent years, as it is one of the front-line services directly impacted upon by the significant economic downturn. Between 2007 and 2009, the number of claims coming to the Tribunal trebled, although there was a slight (7%) decrease in new claims lodged in 2010. However, the first quarter of 2011 continues to show a high level of claims being submitted and contested. Tribunal Staff are conscious that parties in dispute are anxious to have claims dealt with as early as possible and are working extremely hard to deal with the sizeable increase in claims submitted to the EAT. In that regard, there has been a large increase in the number of claims disposed of by the Tribunal in recent years. These efforts have resulted in a 51% increase in cases disposed of in 2010 over 2008. The increased number of cases referred to the EAT in recent times has, nonetheless, had a strong impact on case processing timeframes. I am informed that the longest waiting periods at the end of March 2011 ranged from 45 weeks to 86 weeks, although such figures can be somewhat misleading in terms of the very different nature of claims referred to the Tribunal. Although the Tribunal conducts hearings in about 36 locations across the State, where the number of cases is relatively small, the Tribunal may wait until a sufficient number of cases is on hand before hearings in certain locations can be listed so as to maximise value for money in relation to the costs of hearings outside Tribunal HQ. Once a critical mass of cases is assembled, 5 days of hearings in a single location can reduce the “waiting time” in the area concerned by approximately 30 weeks. In relation to managing its caseload and costs, I understand that the Tribunal targets areas with the longest waiting period and highest level of claims outstanding, within the resources it currently has available, when scheduling hearings. I can assure the Deputy that the Tribunal has been pro-active in driving efficiencies as it addresses the significantly increasing demands for its services at a time of significantly constrained resources. Divisions of the Tribunal are sitting longer, listing more cases per hearing, and seeking to manage the caseload so as to maximise efficiency. These efficiencies have resulted in improvements in the service provided to individual applicants and respondents and have also resulted in an increase in the Tribunal’s output. In this connection, over 6,000 claims were processed between January and end- December 2010 — the highest number on record. The Tribunal is also piloting the streaming of certain types of cases in particular, in order to increase the number of cases being dealt with and assist parties in these instances. The Tribunal is also in the processing of developing a “fillable” electronic form, which will facilitate the more

230 Questions— 3 May 2011. Written Answers expeditious processing of a claim form once lodged. Furthermore, the Tribunal is piloting a specialist Division to hear claims submitted in relation to redundancy payments which are significant in number and where determinations by the EAT are necessary. Most recently, my Department has supported the Tribunal in processing its increased caseload through the assigning of additional Tribunal Secretaries and support from the National Employment Rights Authority of the Department in managing the administration of case log- ging and document preparation. Such cross-unit support has been a vital support to the Tri- bunal in tackling its caseload. All of these measures are being taken against the backdrop of severe resource constraints — both monetary and staffing — and I can assure the Deputy that my Department will keep the workload challenges for the Tribunal under review with a view to assisting it further improve its levels of customer service.

Departmental Bodies 282. Deputy Willie O’Dea asked the Minister for Enterprise, Trade and Innovation the total amount of funding the Industrial Development Agency, Enterprise Ireland and the county enterprise boards received in the years 2010 and 2011. [9811/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): The total amount of Exchequer funding received by the agencies in question is set out in the following table.

2010 2011

€m €m

IDA Ireland 130.7 124.557 Enterprise Ireland (incl Temporary Employment Subsidy 389.333 308.732 Scheme)* County Enterprise Boards 31.610 27.242 *Enterprise Ireland’s 2010 budget included a once-off allocation of €93.353 million for the Temporary Employment Subsidy Scheme. The 2011 allocation for this scheme was €4.25 million.

283. Deputy Willie O’Dea asked the Minister for Enterprise, Trade and Innovation the total funding Science Foundation Ireland received in each of the years 2007, 2008, 2009 and 2010. [9812/11]

Minister for Enterprise, Trade and Innovation (Deputy Richard Bruton): The total amount of Exchequer funding received by Science Foundation Ireland from 2007-2010 is set out in the following table.

Year Amount

€m

2007 164.066 2008 168.193 2009 180.270* 2010 158.705 *The 2009 allocation included a once off payment of €5.612m for the Charles Parsons Energy Research Awards.

284. Deputy Finian McGrath asked the Minister for Social Protection the reason funding was cut in respect of an organisation (details supplied). [9111/11] 231 Questions— 3 May 2011. Written Answers

Minister for Social Protection (Deputy Joan Burton): FÁS Employment Services provides a range of services and supports to all jobseekers who can register at one of the 63 local FÁS Employment Service Offices nationwide for on-site career guidance and job placement services. FÁS contracts for the delivery of the Local Employment Service (LES) with Partnership Com- panies in 24 designated disadvantaged areas. I am advised that staffing cuts in the Northside Partnership LESN did not occur as a result of FÁS budgetary actions, and that the loss of the clerical staff member of the Northside Centre for the Unemployed was a result of the restructuring arrangements made by the Northside Partnership.

Social Welfare Code 285. Deputy Catherine Byrne asked the Minister for Social Protection if she will provide the rules governing the back to education allowance, with particular reference to advancement from one FETAC level to another; if there are any exceptions to these rules; and if she will make a statement on the matter. [9208/11]

Minister for Social Protection (Deputy Joan Burton): The back to education allowance (BTEA) scheme is a second chance education opportunities scheme designed to remove the barriers to participation in second and third level education by enabling eligible people on social welfare payments to continue to receive a payment while pursuing an approved full-time education course that leads to a higher qualification than that already held. It is a non-statutory scheme with administrative operational guidelines. A person wishing to pursue BTEA will have to satisfy a number of conditions such as being a certain age, in receipt of a prescribed social welfare payment for a specified time period, pursuing a full time course of study leading to a recognised qualification in a recognised college and progressing in the level of education held by the client with reference to the national framework of qualifications among others. Progression has always been a fundamental condition of BTEA. State support for education purposes is grounded on a student progressing from one qualification level to a higher one. This is necessary to ensure displacement does not occur, in that courses could be offered to students who are not progressing at the cost of students progressing from a lower education level.

Social Welfare Benefits 286. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection when a rent supplement application in respect of a person (details supplied) in Dublin 15 will be dealt with, and if same will be expedited. [9497/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned is currently in receipt of rent supplement of €389.80 per month. However, the Health Service Executive has advised that it understands the person in question is in the process of moving house. The HSE has advised the person concerned to make an application for rent supplement in respect of the new tenancy and a decision will then be made on this application.

287. Deputy Michael McGrath asked the Minister for Social Protection the reason a person (details supplied) in County Cork was refused mortgage interest supplement; and if she will make a statement on the matter. [9637/11]

Minister for Social Protection (Deputy Joan Burton): In the time frame available, I regret that the Department is not in a position to reply to this question. The Department will be in contact with the Deputy over the coming days and will reply in full to the question raised.

232 Questions— 3 May 2011. Written Answers

Community Development 288. Deputy Brendan Griffin asked the Minister for Social Protection her plans for community employment schemes andΛrural social schemes; if she envisages a role for local authorities in the delivery of such schemes in the future; if she will protect relatedΛsocial services such as child care, care of the elderly, meals on wheels and so on; and if she will make a statement on the matter. [9801/11]

Minister for Social Protection (Deputy Joan Burton): The community employment programme and the rural social scheme make important contributions to the delivery of local services to communities across the country and provide significant employment and training opportunities for those engaged. I do not envisage any change to either initiative that would impact on the nature or range of services delivered. Each initiative provides opportunities for innovation in the way services and resources are deployed locally. As the Deputy will be aware, our Programme for Government contains a commitment to reform local government including consideration of moving many of the functions currently being performed by agencies —such as community employment and enterprise supports —back to local government and any future consideration of such schemes will have regard to that commitment.

Social Welfare Benefits 289. Deputy Timmy Dooley asked the Minister for Social Protection the reason a person (details supplied) in County Clare has had their rent allowance reduced, and if she will reverse the decision. [9038/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive has advised that the persons concerned recently had their entitlement to rent supplement reviewed and that they are in receipt of the maximum amount of rent supplement payable based on the household income from disability allowance and illness benefit.

Health Service Allowances 290. Deputy Catherine Byrne asked the Minister for Social Protection the current relationship she has with the community welfare service; the services and payments that community welfare officers are responsible for administering; and if she will make a statement on the matter. [9063/11]

Minister for Social Protection (Deputy Joan Burton): The supplementary welfare allowance scheme is administered by the Community Welfare Service (CWS) division of the Health Service Executive on behalf of the Minister for Social Protection in accordance with guidelines issued by this Department. Neither the Minister nor the Department has a function in deciding entitlement in individual cases. The CWS also administer and various payments to asylum seekers on behalf of the Department. In addition some community welfare officers carry out a range of functions on behalf of the HSE. The staff of the Community Welfare Service (CWS) were transferred to the Department of Social Protection (DSP) with effect from 1 January 2011 on a secondment basis. The period of secondment is to last for 9 months until the end of September 2011. From 1 October 2011 it is intended that the staff of the CWS will be transferred to the Department as civil servants.

Question No. 291 withdrawn.

233 Questions— 3 May 2011. Written Answers

Social Welfare Appeals 292. Deputy Bernard J. Durkan asked the Minister for Social Protection when the file on the application for carer’s allowance in the case of a person (details supplied) in County Kildare was referred to the appeals officer; if the date for an oral hearing is likely to be set in the near future; and if she will make a statement on the matter. [9076/11]

Question No. 293 withdrawn.

294. Deputy Martin Heydon asked the Minister for Social Protection the position regarding an appeal for domiciliary care allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [9097/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 13th April 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits 295. Deputy Brendan Ryan asked the Minister for Social Protection the reason an application for mortgage interest supplement was suspended in respect of a person (details supplied) in County Dublin; if this decision will be reviewed with a view to reinstating the payment; and if she will make a statement on the matter. [9109/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive has advised that payment of mortgage interest supplement ceased as the person concerned is in full-time education.

PPS Numbers 296. Deputy Joe Costello asked the Minister for Social Protection if she will endeavour to locate a PPS number in respect of a person (details supplied) in Dublin 11; and if she will make a statement on the matter. [9116/11]

Minister for Social Protection (Deputy Joan Burton): The details which the Deputy has supplied are not sufficient to identify the person concerned. I have made arrangements to contact the person to obtain the necessary details and to re-issue the PPS number, if it can be located, or to issue a new PPS number if necessary.

234 Questions— 3 May 2011. Written Answers

Ministerial Staff 297. Deputy Brendan Smith asked the Minister for Social Protection the detail of all permanent Civil Service or non-established positions in place in her Department in respect of assisting Ministers with constituency work; the monthly salaries for these positions; and whether any further appointments are envisaged. [9143/11]

Minister for Social Protection (Deputy Joan Burton): The position regarding the staffing of my Constituency Office is as outlined below:

Grade Monthly Salary Scale

1EO €2,543 — €3,998 1CO €1,931 — €3,112 1 Personal Assistant €3,643 — €4,672 1 Personal Secretary €1,985 — €3,978

There are no plans to make any further appointments to my constituency office.

Ministerial Appointments 298. Deputy Brendan Smith asked the Minister for Social Protection if she will list the details of all State appointments open to direct choice by her on 10 March 2011. [9157/11]

Minister for Social Protection (Deputy Joan Burton): The three statutory bodies operating under the aegis of the Department are the Pensions Board, the Social Welfare Tribunal and the Citizens Information Board. In addition, the Pensions Ombudsman comes under the remit of the Department. Procedures with regard to appointments are as follows:

The Pensions Board Appointments to the Pensions Board are prescribed under the Pensions Act, 1990 (as amended). The Board, appointed for a term of five years, consists of a Chairman, to be directly appointed by the Minister for Social Protection and 16 ordinary members, who shall be appointed to the Board by the Minister as follows:

— two shall be representative of trade union members of whom one shall be a trustee of an occupational pension scheme,

— two shall be representative of employers’ members of whom one shall be a trustee of an occupational scheme,

— two shall be representative of occupational pension schemes,

— one shall be a representative of the actuarial profession,

— one shall be a representative of the accounting profession,

— one shall be a representative of the legal profession,

— one shall be a representative of consumer interests,

— one shall be a representative of pensioner interests,

— one shall be a representative of the Minister for Finance, and 235 Questions— 3 May 2011. Written Answers

[Deputy Joan Burton.]

— one shall be a representative of the Minister.

The remaining three appointments are selected by the Minister for Social Protection. There is currently one vacancy on the Pensions Board and this vacancy will be filled in line with the legislative provisions.

The Social Welfare Tribunal The Social Welfare Tribunal consists of a Chairperson and four ordinary members, two on the nomination of ICTU and two nominated by IBEC. The chairperson is nominated by the Department and requires a person with a judicial background or experience of administrative tribunals and knowledge of industrial relations.

All members are formally appointed by the Minister for Social Protection.

Citizens Information Board The Citizens Information Board (formally Comhairle) was established in 2000. The appointments to the Board are set out in The Comhairle Act, 2000, as amended by the Citizens Information Act, 2007 and are set out hereunder.

The Board shall consist of 15 members, one of whom the Minister shall designate as a chairperson. The ordinary members of the Board shall include:

(a) one officer of the Minister,

(b) three members who represent persons with a disability,

In making appointments to the Board the Minister shall have regard to the objective of there being not less than six members who are women and not less than six members who are men.

Office of the Pensions Ombudsman The Pension (Amendment) Act 2002 provides for the direct appointment of the Pensions Ombudsman by the Minister for Social Protection. This office does not have a Board.

Social Welfare Appeals 299. Deputy John McGuinness asked the Minister for Social Protection if assistance towards payment of mortgage will be approved in the case of a person (details supplied) in County Kilkenny; and if she will expedite a positive response. [9165/11]

Minister for Social Protection (Deputy Joan Burton): The HSE has advised that it awarded a mortgage interest supplement of €182 per week to the person concerned, on an exceptional basis for a period of 12 months from January 2010 and that payment of the supplement has now ceased. The HSE has further advised that the person concerned appealed this decision to the HSE’s designated Appeals Officer on 13th April 2011. A decision on the matter will be made on the matter in due course.

236 Questions— 3 May 2011. Written Answers

Social Welfare Benefits 300. Deputy Michael McGrath asked the Minister for Social Protection if she will provide a revised assessment for jobseeker’s allowance for a person currently on the back to work enterprise allowance for the self-employed (details supplied). [9166/11]

Minister for Social Protection (Deputy Joan Burton): The Department operates a range of employment support measures designed to encourage and support social welfare recipients of working age to reduce their dependency on welfare payments. The back to work enterprise allowance (BTWEA) is designed to provide a monetary incentive for people who are long term dependent on social welfare payments to make self employment financially attractive and viable. Participants are allowed retain a reducing proportion of their qualifying social welfare payment (100% in year 1 and 75% in year 2) and may retain secondary benefits over two years. Payment under the scheme is at the same rate as the primary social welfare payment that qualified the person for the BTWEA at the date of commencement of self employment. Means are not reviewed during the duration of the claim. It may be the case, though they continue to be self-employed, the earnings from the business has reduced to a point where it no longer provides a person with a sufficient income and they may be financially better off to claim jobseeker’s allowance. A person does not need to close their business or stop working as self-employed to receive jobseeker’s allowance as it is payable if the customer satisfies all the conditions including the means test. The earnings from the business will be assessed in the means test for jobseeker’s allowance. The assessment must reflect the income a person may reasonably be expected to get from the business over the next 12 months. Income for the last 12 months will be taken as a guide but allowing for any factors which it is known may vary. The BTWEA conditions will continue to be monitored in the context of the objectives of the scheme and changing economic circumstances.

Social Welfare Appeals 301. Deputy Ciarán Lynch asked the Minister for Social Protection when a decision will issue on an appeal for disability allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [9182/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 11th April 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Employment Support Services 302. Deputy Frank Feighan asked the Minister for Social Protection the reason she is committed to employment schemes that only allow persons who are in receipt of social welfare payments to participate; if she will open up any schemes or programmes being put forward by the Government to be available to all persons who are unemployed and not to discriminate against those who do not receive a State payment, many of whom possess excellent untapped

237 Questions— 3 May 2011. Written Answers

[Deputy Frank Feighan.] skills and experience which may otherwise be lost; and if the present position is at variance with European law. [9194/11]

Minister for Social Protection (Deputy Joan Burton): The Department operates a range of employment support measures designed to encourage and support social welfare recipients of working age to reduce their dependency on welfare payments. In the main, to qualify for participation on these schemes an applicant must, inter alia, be in receipt of a relevant social welfare payment for a minimum specified period. In general, activation policies operate under the principles adopted in the National Employment Action Programme (NEAP) introduced in response to the European Employment Strategy. The focus of the NEAP is on engagement with those on the Live Register in order to provide a pathway to appropriate employment, training and education so that they can avail of employment opportunities as the economy improves. The requirement to be in receipt of a relevant social welfare payment for a minimum period has always been a feature of the employment support schemes and this is considered necessary to ensure that limited resources are directed at those most in need. There are schemes such as the Back to Education Allowance scheme which is available to persons signing on the Live Register for PRSI credits which entitles them to the cost of education allowance of €500. The Deputy may also wish to note that persons who are unemployed, redundant or who have left full-time education and are preparing to enter/re-enter the labour market are eligible to participate on FÁS training programmes. The EU regulations on social security apply to benefits covering particular contingencies such as unemployment and illness. They are designed to ensure that people are not disadvantaged by a decision to move residence or stay temporarily in another Member state in terms of losing social security rights. However, this EU legislation does not override the social security systems of the Member states, it merely co-ordinates these. The Department’s operation of employment schemes is in line with EU law. The operation of my Department’s employment support measures, in the context of current labour market conditions, is continually monitored to ensure that it continues to support those people who are the most distant from the labour market and whose needs are greatest.

Social Welfare Appeals 303. Deputy Jim Daly asked the Minister for Social Protection the reason a person (details supplied) was refused domiciliary care allowance; and if she will make a statement on the matter. [9199/11]

Minister for Social Protection (Deputy Joan Burton): An application for domiciliary care allowance was received on the 10th November 2009. This application was referred to one of the Department’s Medical Assessors who found that the child in question was not medically eligible for the allowance. A letter issued on the 14th December 2009 where the customer was advised of the decision. The customer subsequently lodged an appeal against this decision and she was informed by the Social Welfare Appeals Office on the 10th December 2010 that the appeal had not been allowed. The decision/appeal process for this application is now complete. All the information available at that time was provided to the appeals officer before the appeal was considered.

Social Welfare Benefits 304. Deputy Brendan Ryan asked the Minister for Social Protection when rent supplement

238 Questions— 3 May 2011. Written Answers will issue in respect of a person (details supplied) in County Dublin; if this matter will be expedited; and if she will make a statement on the matter. [9207/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive has advised that it has requested the person concerned to provide further information in order to process her application for rent supplement. A decision will be made on her application when the requested information has been provided.

Social Welfare Appeals 305. Deputy Michael McGrath asked the Minister for Social Protection the length of time it is currently taking to adjudicate on domiciliary care allowance appeals. [9234/11]

Minister for Social Protection (Deputy Joan Burton): I am advised by the Social Welfare Appeals Office that the average waiting time for a domiciliary care allowance appeal dealt with by way of a summary decision in 2010 was 26.8 weeks, while the average time to process an oral hearing was 49.1 weeks. These processing times are calculated from the registration date of the appeal to the date of its finalisation. These include all activities during this period including time spent in the Department for comments by the deciding officer on the grounds of appeal put forward by the appellant and any further investigation, examination or assessment by the Department’s inspectors and medical assessors, that is deemed necessary. As can be seen from the figures, a considerable period of time is added to the process when an oral hearing is required because of the logistics involved in this process. In order to be fair to all appellants, these appeals are dealt with in strict chronological order. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. In the context of dealing with the considerable number of appeals now on hands, the Depart- ment has made a further 9 additional appointments to the office in recent weeks. I am assured by the Chief Appeals Officer that she is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals, while ensuring that any progress does not conflict with due process in terms of the rights of appellants and adherence to the requirements of natural justice.

306. Deputy Michael McGrath asked the Minister for Social Protection the position regarding a domiciliary care allowance appeal in respect of a person (details supplied) in County Cork. [9236/11]

Community Employment Schemes 307. Deputy Billy Timmins asked the Minister for Social Protection the position regarding payment in a community employment scheme in respect of a person (details supplied) in County Wicklow; and if she will make a statement on the matter. [9261/11]

239 Questions— 3 May 2011. Written Answers

333. Deputy Michael McGrath asked the Minister for Social Protection if a person (details supplied) in County Cork meets the qualifying criteria for a place on a community employment scheme or the Tús scheme. [9710/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 307 and 333 together. As Minister for Social Protection I do not have a role in the administration of individual cases in regard to the operation of the Community Employment programme. The administration of individual cases under Community Employment is a day-to-day matter for FÁS as part of its responsibility under the Labour Services Act 1987 as amended by Part 3 of the Social Welfare (Miscellaneous Provisions) Act 2010. The qualifying criteria for participation on Tús requires that an individual be continuously unemployed for at least 12 months and “signing on” on a full-time basis; and

• Be in receipt of a jobseeker’s payment (jobseeker’s benefit or jobseeker’s allowance) from the Department for at least 12 months;

and

• Be currently in receipt of jobseeker’s allowance.

Unemployed people who are eligible for participation on Tús will be identified and contacted by their local social welfare office and offered the opportunity to participate. As there are limited places available, not all eligible unemployed people who meet the above criteria will be contacted.

Social Welfare Appeals 308. Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect to be called for an oral hearing. [9268/11]

Question No. 309 withdrawn.

310. Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect to be called for an oral hearing. [9270/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 05 November 2010. It is a statutory requirement of the appeals process that the relevant Depart- mental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 02 March 2011 and the appeal will be referred to an Appeals Officer, in due course, who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

240 Questions— 3 May 2011. Written Answers

The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

311. Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect to be called for an oral hearing. [9271/11]

Question No. 312 withdrawn.

313. Deputy John McGuinness asked the Minister for Social Protection when a decision will be made in respect of a person (details supplied) in County Kilkenny and if she will expedite a response [9309/11]

314. Deputy Nicky McFadden asked the Minister for Social Protection when the oral hearing for a pension appeal in respect of a person (details supplied) in County Westmeath will take place and the reason it takes up to 14 months for an appeal to be heard. [9320/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. The person concerned will be informed when arrangements have been made. There was a 46% increase in the number of appeals received by the Social Welfare Appeals Office in 2009 when compared to 2008, which in itself was 27% greater than the numbers received in 2007. There was an increase of a further 25% in the number of appeals received in 2010. These increases have caused delays in the processing of appeals. In order to be fair to all appellants, oral hearings are arranged in strict chronological order. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Departmental Staff 315. Deputy Pearse Doherty asked the Minister for Social Protection the frequency with which she updates the transfers lists of those who have applied for transfers to other social protection offices; the frequency with which she updates the transfers lists of those who have

241 Questions— 3 May 2011. Written Answers

[Deputy Pearse Doherty.] applied for transfers to social protection offices in Donegal town; how often she contacts the applicants on the transfer lists to review their status; and if she will make a statement on the matter. [9344/11]

Minister for Social Protection (Deputy Joan Burton): The names of those seeking to transfer to various offices in my Department, including that in Donegal Town, are recorded on the relevant transfer list. They are added to when a member of staff applies for a transfer. The transfer lists are only referenced when a vacancy, fillable by transfer, arises. The person placed highest on the list, who is deemed suitable for transfer, is contacted to confirm his/her continued interest in the particular location. If the person confirms his/her interest and the transfer goes ahead, no other people on the list are contacted until such time as a further fillable vacancy arises.

Community Development 316. Deputy Terence Flanagan asked the Minister for Social Protection if she will respond to a matter regarding grants (details supplied); and if she will make a statement on the matter. [9358/11]

Minister for Social Protection (Deputy Joan Burton): Up to the end of 2009, the community services programme provided a non-wage grant to contract holders. Due to the worsening public finances, this non-wage grant was discontinued to ensure that available resources were used to maintain and add to the number of persons supported in employment by the programme. A review mechanism was provided that afforded each contract holder the opportunity to seek additional short-term financial support where the discontinuation of the non-wage grant caused financial hardship or where additional resources allowed for the development of alternative income streams. The company in question sought a review and was awarded an operation support grant of €40,000 for 2010. No commitments were made in respect of future years by the Department or Pobal, which administers the programme on the Department’s behalf. The company will be afforded an opportunity to revise and update its business plan on which the level of grant assistance is determined and arrangements in this respect have been put in place for this to be done during the next month. Officials will contact the company to outline the process in the coming days. A determination will be made within the resource available to the programme in 2011.

Social Welfare Benefits 317. Deputy Simon Harris asked the Minister for Social Protection if a person (details supplied) in County Wicklow is eligible for rent allowance; and if she will make a statement on the matter. [9378/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive has advised that it received an application for rent supplement from the person concerned in February 2010. The HSE further advised that it requested the person concerned to provide further information in order to process his application for rent supplement. A decision will be made on his application when the requested information has been provided.

318. Deputy James Bannon asked the Minister for Social Protection the position regarding an application for disability benefit or allowance in respect of a person (details supplied) in County Longford; and if she will make a statement on the matter. [9395/11]

242 Questions— 3 May 2011. Written Answers

Minister for Social Protection (Deputy Joan Burton): The person concerned applied for disability allowance on 11 October 2010. In order to determine his weekly means, his file was forwarded to his local social welfare inspector. A final decision on his entitlement to disability allowance will be given on receipt of the social welfare inspector’s report. The customer will be notified directly of the outcome. As regards the processing of disability allowance claims, the processing time for individual claims may vary in accordance with their relative complexity in terms of the three main criteria which a claimant must fulfil in order to qualify. Certain claims have to be referred to social welfare inspectors for means investigation and this can add to the overall processing times. In addition, factors outside the Department’s control can have an impact, for example, the supply of relevant information by the customer, employers or other third parties.

319. Deputy Jim Daly asked the Minister for Social Protection the position regarding an application for domiciliary care allowance in respect of a person (details supplied); and if she will make a statement on the matter. [9398/11]

Minister for Social Protection (Deputy Joan Burton): No application for domiciliary care allowance has been received from the person in question. If an application is received it will be referred to one of the Department’s Medical Assessors for a medical opinion and a letter will issue advising of the decision.

320. Deputy Patrick O’Donovan asked the Minister for Social Protection if a person (details supplied) in County Limerick will qualify for assistance to enable him to return to full-time education. [9427/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned has not made an application to Back to Education Allowance and therefore entitlement can not be determined. If he wishes to make an application he may do so by calling to his Local Social Welfare Office to complete the necessary forms and a decision will be given on any application made as soon as possible.

Social Welfare Appeals 321. Deputy Sean Fleming asked the Minister for Social Protection when a domiciliary care allowance will be granted in respect of a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [9476/11]

Minister for Social Protection (Deputy Joan Burton): An application for domiciliary care allowance was received on the 11th June 2010. This application was referred to one of the Department’s Medical Assessors who found that the child was not medically eligible for the allowance. A letter issued on the 12th August 2010 where the customer was advised of the decision. The person concerned subsequently lodged an appeal against this decision and she was informed by the Social Welfare Appeals Office on the 11th February 2011 that the appeal had not been allowed. The decision/appeal process for this application is now complete. All the information available at that time was provided to the appeals officer before the appeal was considered.

322. Deputy Billy Timmins asked the Minister for Social Protection the position regarding a non-contributory pension in respect of a person (details supplied) in County Wicklow; if this will be dealt with as a matter of urgency; and if she will make a statement on the matter. [9503/11]

243 Questions— 3 May 2011. Written Answers

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that, following receipt of the relevant Departmental papers including comments on the grounds of appeal, the appeal from the person concerned was referred to an Appeals Officer for consideration. The Appeals Officer has referred the case to the Deciding Officer for clarification on certain matters. Every effort will be made to have this appeal dealt with as quickly as possible. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits 323. Deputy Sean Fleming asked the Minister for Social Protection when domiciliary care allowance will be granted to a person (details supplied) in County Carlow; and if she will make a statement on the matter. [9519/11]

Minister for Social Protection (Deputy Joan Burton): The application from the person concerned has been found eligible for domiciliary care allowance following a review. A letter issued on the 28th April 2011 advising her of this decision.

Social Welfare Appeals 324. Deputy Joe Costello asked the Minister for Social Protection if she will reconsider the decision to refuse the carer’s allowance to a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [9543/11]

325. Deputy Tom Hayes asked the Minister for Social Protection when a decision on a carer’s allowance appeal will issue to a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [9557/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 30th November 2010. It is a statutory requirement of the appeals process that the relevant Depart- mental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 24th March 2011 and the appeal will be referred to an Appeals Officer, in due course, who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

326. Deputy Joe Costello asked the Minister for Social Protection if she will review the decision to refuse disability benefit in respect of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [9574/11]

244 Questions— 3 May 2011. Written Answers

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the disability allowance claim of the person concerned was disallowed following an assessment by a Medical Assessor who expressed the opinion that she was medically unsuitable for the allowance. An appeal was registered on 26th March 2011 and in accordance with the statutory procedures the relevant department papers and the comments of the Social Wel- fare services on the matter raised in the appeal have been sought. In that context, an assessment by another Medical Assessor will be carried out. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Programmes for Government 327. Deputy John McGuinness asked the Minister for Social Protection the specific proposals in the programme for Government for which she is responsible; the target dates which she has agreed in respect of the delivery of these proposals; and if she will publish an implementation schedule. [9589/11]

Minister for Social Protection (Deputy Joan Burton): The Programme for Government contains a wide range of commitments relevant in full or part to my Department as set out below. These commitments are challenging in the current environment and will be examined further following the announcement of the forthcoming Jobs Initiative. Any changes to the schemes and services arising from these commitments will have to be introduced over forthcoming Budgets and having regard to the availability of resources.

• Halve the lower 8.5% rate of PRSI up to end 2013 on jobs paying up to €356 per week;

• Provide resources for additional places in training, work experience and educational opportunities for those who are out of work;

• Expand eligibility for the back to education allowance.

• The development of a new graduate and apprentice internship scheme, work placement programmes and further education opportunities for our young unemployed providing an additional 60,000 places across a range of schemes and initiatives.

• Provision of a range of initiatives to increase access to further higher level education for the unemployed.

• Replacing FÁS with a new National Employment and Entitlements Service so that all employment and benefit support services will be integrated in a single delivery unit managed by the Department of Social Protection.

• Maintaining the standard 10.75% rate of employers PRSI.

• Introduce a range of measures to tackle the problem of welfare fraud.

• Establish a Tax and Social Welfare Commission to examine entitlements of self employed and the elimination of disincentives to employment, including the interaction between the taxation and the welfare systems to ensure that work is worthwhile. In particular, it will examine family and child income supports, and a means by which self- employed people can be insured against unemployment and sickness.

245 Questions— 3 May 2011. Written Answers

[Deputy Joan Burton.]

• Convert the Money Advice and Budgeting Service into a strengthened Personal Debt Management Agency with strong legal powers.

• Maintain social welfare rates.

• Make greater use of Mortgage Interest Supplement to support families who cannot meet their mortgage payments.

• Progressively reduce reliance on Rent Supplement, with eligible recipients moving to the Rental Accommodation Scheme.

• Amend the 30 hour rule for Rent Supplement and Mortgage Interest Supplement for people moving from welfare to work.

• Review the operation of the Rent Supplement Scheme and introduce a code of conduct for rent supplement eligibility similar to that which operates for local authority tenants.

• Pay rent supplement to tax-compliant landlords registered with the PRTB and offering decent quality accommodation, to root out fraud.

• Over time, One Parent Family Payment will be replaced with a parental allowance that does not discourage marriage, cohabitation or work.

• Divert staff from elsewhere in public service to clear the social welfare appeals back- log, and introduce a consolidated appeals process.

• Put the household benefits packages out to tender, so that the Exchequer benefits from reduced prices.

• Complete and implement the National Positive Ageing Strategy so that older people are recognised, supported and enabled to live independent full lives.

• Reform the pension system to progressively achieve universal coverage, with particular focus on lower-paid workers, to achieve better risk sharing, and to provide for greater flexibility for those who wish to retire on a phased basis.

Social Welfare Benefits 328. Deputy Jim Daly asked the Minister for Social Protection if it is possible for a person in financial difficulty living in rented accommodation to apply for rent allowance although that person is not on a local authority housing waiting list; and if she will make a statement on the matter. [9602/11]

334. Deputy Michael McGrath asked the Minister for Social Protection if it is a requirement for eligibility to rent supplement that the applicant must be renting privately for six months or is it sufficient that the person has been assessed by the local authority in the past 12 months as being eligible for and in need of housing. [9760/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 328 and 334 together. In order to qualify for rent supplement a person must have been residing in private rented accommodation or accommodation for homeless persons or an institution (or any combination

246 Questions— 3 May 2011. Written Answers of these) for a period of 183 days within the preceding 12 months of the date of claim for rent supplement. A person may also qualify for rent supplement where an assessment of housing need has been carried out within the 12 months preceding the date of claim and the person is deemed by the relevant local authority to be eligible for and in need of social housing support. In all other cases, a person who wishes to apply for rent supplement is referred, in the first instance, for an assessment of eligibility for social housing support by the local housing authority in the area where claim to rent supplement is made (and the person intends to reside). When a person has been assessed as being eligible for and in need of social housing support, the person then becomes eligible for consideration for rent supplement.

329. Deputy Jim Daly asked the Minister for Social Protection the reason a person (details supplied) did not qualify for rent allowance despite being on the local authority housing list and being only in receipt of jobseeker’s allowance; and if she will make a statement on the matter. [9603/11]

Minister for Social Protection (Deputy Joan Burton): In the timeframe available, I regret that the Department is not in a position to reply to this question. The Department will be in contact with the Deputy over the coming days and will reply in full to the question raised.

Social Welfare Appeals 330. Deputy Michael McGrath asked the Minister for Social Protection the position regarding jobseeker’s allowance appeal in respect of a person (details supplied) in County Cork. [9607/11]

Social Welfare Benefits 331. Deputy Paul J. Connaughton asked the Minister for Social Protection the reason a decision on a disability allowance has not been processed in respect of a person (details supplied); and if she will make a statement on the matter. [9630/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned applied for disability allowance on 30 November 2010. In order to determine his weekly means, his file was forwarded to his local social welfare inspector. A final decision on his entitlement to disability allowance will be given on receipt of the social welfare inspector’s report. The customer will be notified directly of the outcome. As regards the processing of disability allowance claims, the processing time for individual claims may vary in accordance with their relative complexity in terms of the three main criteria which a claimant must fulfil in order to qualify. Certain claims have to be referred to social welfare inspectors for means investigation and this can add to the overall processing times. In addition, factors outside the department’s control can have an impact, for example, the supply of relevant information by the customer, employers or other third parties.

247 Questions— 3 May 2011. Written Answers

Question No. 332 withdrawn.

Question No. 333 answered with Question No. 307.

Question No. 334 answered with Question No. 328.

Social Welfare Code 335. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the position regarding the recommendations of the review of the mortgage interest supplement, June 2010, including what has and will be implemented and a timeframe for same. [9780/11]

Minister for Social Protection (Deputy Joan Burton): The Department is currently developing an implementation plan incorporating the recommendations and findings from the Department’s review with those from the reports from the Mortgage Arrears and Personal Debt Review Group which was completed in November 2010.

Social Welfare Appeals 336. Deputy Brendan Griffin asked the Minister for Social Protection ifΛdisability allowance will be granted toΛa person (details supplied) in County Kerry; and if she will make a statement on the matter. [9815/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 18th January 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 28th January 2011 and the appeal will be referred to an Appeals Officer, in due course, who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits 337. Deputy Pat Breen asked the Minister for Social Protection the position regarding an application in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [9859/11]

Minister for Social Protection (Deputy Joan Burton): Applications for domiciliary care allowance were received on the 11th March 2011 from the person concerned in respect of her two sons. These applications were referred to one of the Department’s Medical Assessors who found that the children were not medically eligible for the allowance. Decision letters have issued to the person concerned on 28th April 2011 to this effect.

Grant Payments 338. Deputy Éamon Ó Cuív asked the Minister for Tourism, Culture and Sport if a person (details supplied) who farms cattle in the Twelve Bens-Maam Turk Mountains and is obliged to keep the cattle off the commonage for six months of the year will be eligible for a compensatory payment from him for the period from leaving REP scheme in June 2011 to joining the agri-environment options scheme in 2012; and if he will make a statement on the matter. [9100/11]

248 Questions— 3 May 2011. Written Answers

Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): The off-wintering of cattle from commonages in the Twelve Bens/Maumturk Mountains is a requirement of the Commonage Framework Plan, which is regulated by the Department of Agriculture, Fisheries and Food as a condition of cross compliance. The issue of compensation does not arise in this case.

Special Areas of Conservation 339. Deputy David Stanton asked the Minister for Tourism, Culture and Sport the current classification of a bog (details supplied) in County Cork; his plans, if any to upgrade the status of the bog to a special area of conservation or special protection area; and if he will make a statement on the matter. [9284/11]

Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): The bog referred to by the Deputy is one of a number of proposed Natural Heritage Areas (pNHA) that are under consideration for formal designation. There are no plans in my Department currently to designate this site as a Special Area of Conservation (SAC) or as a Special Protection Area (SPA). In recent times, my Department has focused its efforts on meeting obligations under the Habitats and Birds Directives by designating an appropriate number and type of SACs and SPAs. The State’s progress in this area has been the subject of adverse findings by the European Court of Justice and my Department’s National Parks and Wildlife Service must address these designations as a first priority. The issue of the formal designation of proposed NHAs will be considered further in the light of the priorities facing my Department and my proposals to draw up a national peatlands strategy, taking into account the work of the recently established Peatlands Council, which has been tasked with advising my Department in relation to the strategy and other issues regarding the management of peatlands.

Architectural Heritage 340. Deputy Dan Neville asked the Minister for Tourism, Culture and Sport when he will provide the necessary funding that will allow Limerick County Council to operate the local authority grant scheme; and if he will make a statement on the matter. [9373/11]

Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): Due to a significant reduction in the budgetary allocation to the built heritage, the operation of the Local Authority Conservation Grants Scheme has been suspended. Limited funding is being provided through a “Structures at Risk Fund” in 2011, to assist with works to safeguard structures protected under the Planning and Development Acts 2000-2010. Details of the operation of the fund issued to each local authority. The closing date for the receipt of applications under this scheme has passed. A decision on individual funding allocations will be taken following an assessment of applications. It is proposed to undertake a review of the operation of Part IV (Architectural Heritage) of the Planning and Development Act 2000. This review will include an examination of the funding provided towards the conservation and protection of the architectural heritage.

Turbary Rights 341. Deputy Michael P. Kitt asked the Minister for Tourism, Culture and Sport the position regarding the cutting of turf in 32 raised bogs in designated special areas of conservation in western and midland counties; the timetable involved in the announcement of the cessation of

249 Questions— 3 May 2011. Written Answers

[Deputy Michael P. Kitt.] turf-cutting; the compensation on offer; if turf-cutting can continue until compensation is paid; and if he will make a statement on the matter. [9493/11]

343. Deputy Michael P. Kitt asked the Minister for Tourism, Culture and Sport if persons who have cut turf in 32 raised bogs in designated special areas of conservation in the western and midlands areas can save and bring home this turf; and if he will make a statement on the matter. [9576/11]

Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): I propose to take Ques- tions Nos. 341 and 343 together. Under the 1992 Habitats Directive, Ireland agreed to protect various natural habitats which are of international importance, including by designating areas as Special Areas of Con- servation (SACs). Once designated, Ireland is obliged to monitor, protect and, where necessary, restore those habitats and species which are under threat. 55 sites have been designated as SACs for the conservation of raised bog habitat. In 2004, Ireland also designated 75 raised bogs as Natural Heritage Areas (NHAs) under the Wildlife Acts. In 1999, arrangements were announced for the protection of the 31 raised bog sites that had been designated as SACs at that time. This included a 10-year national derogation during which domestic turf cutting could continue, subject to certain restrictions. A similar 10-year derogation applied to the further 24 raised bog SACs and 75 raised bog Natural Heritage Areas (NHAs) designated after 1999. In May 2010, the then Government confirmed the end of the derogation for domestic turf cutting in these 130 raised bog conservation sites, on a phased basis, with restrictions being implemented on 31 bogs from 2010. An interim compensation scheme was put in place and land/turbary right owners were notified directly of the restrictions and the compensation scheme. Advertisements were placed in local newspapers and on local radio. In recent weeks, the Government has also announced details of a compensation package for turf-cutters in sites where continued turf cutting is no longer possible for reasons of environmental protection. The compensation scheme will apply immediately to turf cutters on the 31 raised bog SACs, where further cutting is not possible. Similar measures will apply for a further 24 raised bog SACs from the end of 2011. Advertisements have been placed in national and local newspapers and on radio. Landowners and turf cutters have been contacted directly, outlining details of the scheme and how to apply. The scheme will deliver payments of €1,000 per annum for a maximum of 15 years. As an alternative to financial payments and, where feasible, qualifying turf-cutters will be facilitated in relocating to alternative, non-designated, sites to continue cutting turf. Unauthorised turf cutting or drainage works in the 31 SACs is an offence and is liable to prosecution. Such unauthorised works may also risk future single farm payments, Rural Environmental Protection Scheme (REPS) and Agri-Environment Option Scheme (AEOS) payments, or payments under the National Parks and Wildlife Farm Plan Scheme. Those who carry out unauthorised works, or permit such works to be carried out, on SACs may jeopardise the receipt of future compensation and may be liable for the cost of restoration works.

Inland Fisheries 342. Deputy Eric Byrne asked the Minister for Tourism, Culture and Sport when it is intended to restock the area of the Grand Canal from Portobello to Huband Bridge with fish. [9575/11]

250 Questions— 3 May 2011. Written Answers

Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): I am informed by Waterways Ireland that dredging recently took place on the stretch of the Grand Canal from Portobello to Baggot Street. Prior to the commencement of this work, this stretch was dried out, after first removing and relocating fish stocks. Inland Fisheries Ireland is contracted to stock the canals with fish on behalf of Waterways Ireland. It is proposed to re-stock this area in due course. However, this first requires the natural habitat to regenerate and, accordingly, I understand that a specific timescale has not yet been established.

Question No. 343 answered with Question No. 341.

National Monuments 344. Deputy Aengus Ó Snodaigh asked the Minister for Tourism, Culture and Sport if he has responsibility for giving or refusing consent for work to the national monument at 14-17 Moore Street, Dublin. [9748/11]

Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): With effect from 1 May 2011, responsibility for heritage functions, including those under the National Monuments Act to which the question relates, were transferred to my Department. A further order will be made shortly renaming my Department as the Department of Arts, Heritage and the Gaeltacht.

Arts Council 345. Deputy Michelle Mulherin asked the Minister for Tourism, Culture and Sport if he will require the Arts Council to expedite the processing of the annual programming grant 2011 for an arts centre (details supplied) in County Mayo. [9249/11]

Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): Section 24(2) of the Arts Act, 2003 precludes interference by the Minister in Arts Council funding decisions.

Departmental Funding 346. Deputy Patrick O’Donovan asked the Minister for Tourism, Culture and Sport if he will provide details regarding grant assistance available from his Department, or agencies attached to it, for recording artists; and when it is expected that applications for grants will be sought again. [9372/11]

Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): My Department does not have a grant scheme for recording artists and it is not aware of any such scheme which was previously available.

Programmes for Government 347. Deputy John McGuinness asked the Minister for Tourism, Culture and Sport the specific proposals in the Programme for Government for which he is responsible; the target dates which he has agreed regarding the delivery of these proposals; and if he will publish an implementation schedule. [9591/11]

Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): As the Deputy will be aware, heritage functions vested in the Minister with responsibility for Department of Envir- onment, Heritage and Local Government and functions relating to the Gaeltacht, Irish language and Waterways Ireland vested in the Minister with responsibility for the Department of Community, Equality and Gaeltacht Affairs transferred to my Department on 1 May 2011.

251 Questions— 3 May 2011. Written Answers

[Deputy Jimmy Deenihan.]

My Department is examining relevant commitments in the Programme for Government in relation to the transferred functions and to the functions previously vested in me in relation to Arts and Culture and will be liaising with relevant Departments and bodies in this regard. The Deputy will appreciate that the drawing up of an implementation schedule of the nature referred to by him would be premature at this stage.

Arts Funding 348. Deputy Clare Daly asked the Minister for Tourism, Culture and Sport the steps he will take to ensure the continued operation of the Light House Cinema in Smithfield, Dublin 7. [9792/11]

Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): I am advised that on 15 April 2011, the High Court made an order placing The Lighthouse Cinema in involuntary liquidation and a liquidator was appointed. On 27 April, Neil Hughes of Hughes Blake was appointed Receiver and Manager by Bord ScannánnahÉireann and The Arts Council with the agreement of my Department. Following appropriate examination and analysis of the emerging situation, my Department will be advised by the Chief State Solicitor and the Attorney General on the best approach to take in conjunction with Bord ScannánnahÉireann and The Arts Council.

Ministerial Appointments 349. Deputy Brendan Smith asked the Minister for Tourism, Culture and Sport if he will list the details of all State appointments open to direct choice by him on 10 March 2011. [9981/11]

Minister for Tourism, Culture and Sport (Deputy Jimmy Deenihan): I set out below the details of all appointments that I may make directly to the boards of the State bodies under the aegis of my Department:

Name of Body Number of Appointments made directly by Minister

Arts Council 13 Irish Film Board 7 National Museum of Ireland 12 Marsh’s Library 2 Irish Museum of Modern Art 15 National Concert Hall 15 National Gallery of Ireland 10 National Library of Ireland 9 Irish Manuscripts Commission 20 National Archives Advisory Council 12 Chester Beatty Library 3 Crawford Art Gallery 12 Culture Ireland 13 The Heritage Council 17 Údarás na Gaeltachta 3

Total 165

252 Questions— 3 May 2011. Written Answers

Inland Fisheries 350. Deputy Michael Healy-Rae asked the Minister for Communications, Energy and Natural Resources when salmon fishing will open up in Castlemaine Harbour, County Kerry; and if he will make a statement on the matter. [9323/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): As the Deputy will be aware, Castlemaine Harbour has been closed to commercial fishing since the introduction of the South Western Fisheries Region (No. 7 or Kerry District) Conservation of Salmon and Sea Trout Bye-law No. 844, 2008. The decision to close the harbour to salmon fishing was based on scientific advice on the status of the wild salmon stocks in the rivers which flow into the common estuary. A pilot project was undertaken in 2010 to determine how a salmon fishery could be operated on salmon stocks in the harbour, maximising the opportunities for commercial fishing while ensuring that at-risk stocks are not compromised and surplus stocks are not over exploited. Inland Fisheries Ireland is due to report to me on the results of the pilot project in early May. I intend to publish the report and consequential recommendations as soon as possible following my consideration of it.

Departmental Schemes 351. Deputy Robert Troy asked the Minister for Communications, Energy and Natural Resources the position regarding the Sustainable Energy Authority of Ireland warmer homes scheme for persons in receipt of the fuel allowance, as there is currently an extremely long delay for successful applicants in having the work carried out. [9342/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The administration of the Warmer Homes Scheme is a matter for the Sustainable Energy Authority of Ireland (SEAI). The scheme, which provides energy efficiency improvements to homes in, or at risk of, energy poverty is delivered through a combination of community-based organisations (CBOs) and a panel of private contractors. There has been a significant uptake in applications and interest in the scheme over the last three years. This has resulted in very high volumes of applications which have, in certain instances, led to delays in having works completed. A dedicated hot line for the WHS is managed by the SEAI (WHS hotline: 1800 250 204), and all queries, from scheme applicants and public representatives, on eligibility and funding agreements are dealt with immediately.

Inland Fisheries 352. Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources the position regarding a drift net licence in respect of a person (details supplied) in County Donegal; and if he will make a statement on the matter. [9720/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I understand that the individual referred to by the Deputy has applied for a draft net licence. Applications for draft net fishing licences will be considered by Inland Fisheries Ireland in accordance with the terms of the Control of Fishing for Salmon Order 2011 (S.I. No. 123 of 2011). This Order determines the priority status afforded to each application based on the applicant’s fishing track record. In the event of the number of applicants being in excess of the number of licences available Inland Fisheries Ireland will determine the allocation in accordance with Article 10 of the Order.

253 Questions— 3 May 2011. Written Answers

Ministerial Staff 353. Deputy Brendan Smith asked the Minister for Communications, Energy and Natural Resources the details of all permanent Civil Service or non-established positions in his Depart- ment which consist of assisting Ministers with constituency work; the monthly salaries for these positions; and if any further appointments are envisaged. [9133/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): There are currently two permanent and two non-established staff engaged on constituency work on my behalf. Details requested are outlined in the table below:

Permanent Staff Monthly salary Non-established staff Monthly Salary €€

Executive officer 3,948 Personal Assistant 4,280 Clerical Officer 2,202 Personal Secretary 3,980

The Minister of State at my Department currently has three non-established staff (two of whom are work-sharing in one post) engaged in constituency work. Details requested are outlined in the table below:

Non–established staff Monthly Salary €

Personal Assistant 4,410 Personal Secretary (50% — Work Sharing) 1,813 Personal Secretary (50% — Work Sharing) 1,425

It is envisaged that a third post will be filled in the Minister of State’s Constituency Office, bringing the staff complement to three, the number allowable under current Department of Finance staffing guidelines for such offices.

Ministerial Appointments 354. Deputy Brendan Smith asked the Minister for Communications, Energy and Natural Resources if he will list the details of all State appointments open to direct choice by him on 10 March 2011. [9147/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): My Department was established in June 2007. I assume that the Deputy is referring to appointments to boards of state bodies under the aegis of my Department. The following table details the number of board positions which fall to be filled by Ministerial appointment.

State Body No. of members No. of members appointed by Minister

Broadcasting Authority Of Ireland 9 91 RTÉ 12 102 TG4 12 103 An Post 15 9 Digital Hub Development Agency 14 13

254 Questions— 3 May 2011. Written Answers

State Body No. of members No. of members appointed by Minister

Bord Gáis Éireann 9 8 Bord na Móna 12 7 EirGrid 10 8 ESB 12 74 Irish National Petroleum Corporation 5 5 National Oil Reserves Agency 6 5 Sustainable Energy Authority of Ireland 12 11 Ordnance Survey Ireland 10 10 Inland Fisheries Ireland 9 85 15 directly nominated by Minister and appointed by Government. 4 appointed by Government on nomination of Minister following recommendation of Joint Oireachtas Committee. 26 appointed by Government on recommendation of Minister. 4 appointed by Government on nomination of Mini- ster following recommendation of Joint Oireachtas Committee. 3Board in situ until 2012. Thereafter 6 appointed by Government on recommendation of Minister. 4 appointed by Government on nomination of Minister following recommendation of Joint Oireachtas Committee. 4Appointed by the Government on recommendation of Minister. 53 appointed by Minister, and 5 others on the nomination of other Ministers (2) and the Oireachtas (3).

Buildings Regulations 355. Deputy Catherine Byrne asked the Minister for Communications, Energy and Natural Resources if there is any legislation governing the erection of satellite dishes by private residents on apartment buildings here; if he has implemented a communication from the European Commission in this regard (details supplied); if management companies can remove such dishes without the permission of the owner; and if he will make a statement on the matter. [9209/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The erection and removal of satellite dishes on apartment buildings and the implementation of the Commission Communication on the free movement of goods and services do not fall within the remit of my Department. As such, I have no function in the matters referred to in the Deputy’s question.

Postal Services 356. Deputy Simon Harris asked the Minister for Communications, Energy and Natural Resources the regulations in place regarding unsolicited mail; if he will consider the drafting of a code of conduct for distributors; and if he will make a statement on the matter. [9363/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The public receives a wide variety of mail from a number of sources, much of which can be regarded as unsolicited mail, including unaddressed mail material, which may be delivered by An Post or other operators. An Post is statutorily obliged, under Section 12 of the Postal and Telecom- munications Services Act, 1983, to satisfy all reasonable demands for postal services throughout the State. Measures are already in place to manage the impact of direct mailing. Under Section 2(7) of the Data Protection Acts 1988 and 2003, individuals have the right to request that they be removed from any direct mailing lists used by businesses. Householders also have the option of limiting the amount of unsolicited mail they receive by completing a Mailing Preference 255 Questions— 3 May 2011. Written Answers

[Deputy Pat Rabbitte.] Service form requesting that their names be removed from mailing lists controlled by members of the Irish Direct Marketing Association. Individuals may contact the Irish Direct Marketing Association directly or alternatively, can complete a form available from post offices. This form goes directly to the Irish Direct Marketing Association and applies to addressed mail sent by their members. I have no plans to introduce additional measures in respect of direct mailing.

Inland Fisheries 357. Deputy James Bannon asked the Minister for Communications, Energy and Natural Resources if there is any current proposal to amend the derogation for eel fishing on the Inny River or the Shannon waterway; if he will provide an update regarding the EU position; and if he will make a statement on the matter. [9390/11]

358. Deputy James Bannon asked the Minister for Communications, Energy and Natural Resources the reason for the lack of knowledge and expertise that allowed the eel mortality rate to continue unchecked due to the impact of hydroelectric power stations until action was forced by EU regulations; and if he will make a statement on the matter. [9391/11]

359. Deputy James Bannon asked the Minister for Communications, Energy and Natural Resources his view on whether those engaged in the traditional occupation of eel fishing have been forced to bear the brunt of mismanagement of eel supplies and are now paying the price due to withdrawal of eel fishing licences and other prohibitions; and if he will make a statement on the matter. [9392/11]

360. Deputy James Bannon asked the Minister for Communications, Energy and Natural Resources his plans to set up a compensation fund for those who have been denied the right to engage in eel fishing over the past two years; and if he will make a statement on the matter. [9393/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I propose to take Questions Nos. 357 to 360, inclusive, together. Scientific advice issued by the International Council for the Exploration of the Sea (ICES) indicated that the European eel fish stock is so depleted that it is now outside safe biological limits. It advised that a recovery plan be developed for the whole stock of European eel and that exploitation and other human activities affecting the stock be reduced to as close to zero as possible. The Deputy will be aware that in this context the European Council Regulation No.1100/2007 established measures for the recovery of the stock of European eel. In 2009 Ireland’s Eel Management Plan was approved by the Commission in compliance with Regulation No.1100/2007. Given the critical status of the eel stock, as demonstrated in the assessment contained in the Eel Management Plan, a number of management measures were identified as necessary to reach the targets set in the regulation. These are: closure of the commercial and recreational eel fishery, mitigation of the impact of hydropower, including a comprehensive silver eel trap and transport plan, ensuring upstream migration of juvenile eel at barriers and improving water quality, including fish health and bio-security issues. Two bye-laws were introduced in May 2009 to give effect to the National Eel Management Plan put in place to protect our dwindling eel stocks. These closed the commercial and recreational eel fishery until June 2012. Under the Regulation, all aspects of the Plan must be

256 Questions— 3 May 2011. Written Answers reviewed in 2012. This review will consider, inter alia, whether the eel fishery and market could be reopened in any River Basin District in light of the data gathered in the interim and the performance of stocks. At that stage, the bye-laws which were introduced to close the commercial and recreational eel fishery until June 2012 will be reviewed. However, when the last 20 years of poor recruitment is taken into account, it is likely that the adult eel stock in Irish waters will continue to decline for at least the next decade. Barriers to migration in river systems are one of the several factors causing the decline in the eel population. Other factors include fishing, habitat loss, predation, parasites and pollution. Silver eel escapement at hydropower stations is seen as critical in the attainment of the recovery of the stock. ESB is actively involved in the implementation of the National Eel Management Plan management measure to mitigate the impact of hydropower through its operation of a comprehensive silver eel “trap and transport” programme. In tandem ESB will continue to explore longer-term engineering solutions to facilitate eel passage. There is no property right attaching to public eel licences and consequently the issue of compensation is not relevant or appropriate, given that the closure of the fishery is being applied for conservation reasons under the Fisheries Acts. I have no funds at my disposal for a hardship fund for commercial eel fishermen. I understand a number of former eel fishermen are engaged by ESB to undertake trap and transport operations.

Telecommunications Services 361. Deputy Noel Harrington asked the Minister for Communications, Energy and Natural Resources if he will ensure that a person (details supplied) in County Cork will be provided with a broadband service under the new national broadband scheme; and if he will make a statement on the matter. [9435/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The provision of broadband services is a matter for private sector service providers operating in Ireland’s fully liberalised telecommunications market. Broadband services are provided by private service providers over various platforms including DSL (i.e. over telephone lines), fixed wireless, mobile, cable, fibre and satellite. Issues relating to the quality of service provision are, in the first instance, a matter for the relevant service provider and the customer. The regulation of the electronic communications sector, including regulatory issues surrounding quality, is the responsibility of the Commission for Communications Regulation (ComReg). In cases of market failure the Government will intervene, where it is appropriate and possible to do so. The National Broadband Scheme (NBS) represents such an intervention. EU State Aid and competition rules govern how states can intervene in areas where there are existing service providers operating. Accordingly, the NBS is prohibited from providing a service in served areas where to do so would give rise to an unacceptable level of market distortion. The mapping exercise undertaken by my Department at the time of designing the NBS found that broadband services were available in the area referred to in the Deputy’s Question and consequently the locality was excluded from the Scheme. Since the completion of the roll out of the NBS in October 2010, there is at least one service provider offering a broadband service in all areas of Ireland. Attention is now being focussed on isolated cases where broadband is not being delivered due to technical or line of sight reasons.

257 Questions— 3 May 2011. Written Answers

[Deputy Pat Rabbitte.]

The Rural Broadband Scheme which I intend to launch shortly will address those individual unserved rural premises outside of the NBS areas. Information in relation to acceptance of applications and the process of qualification under the scheme will be made available in due course when the scheme is launched.

State Agencies 362. Deputy Martin Ferris asked the Minister for Communications, Energy and Natural Resources if plans to merge Coillte and Bord na Móna as a new energy company will still proceed in the view of the recommendations of the review group on State assets and liabilities. [9446/11]

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Fergus O’Dowd): In the context of the NewERA Plan the Government has committed to an ambitious strategy of accelerating the development of Ireland’s forestry and bioenergy resources. Key to the realisation of this strategy as outlined in the Programme for Government is the plan to create a new State company to be called BioEnergy Ireland. This envisages the merger of Bord na Móna and Coillte. I will be working with Minister Rabbitte as well as with the Minister for Agriculture, Fisher- ies and Food, and other relevant Ministers to deliver this Government objective so that Bio- Energy Ireland will become a global leader in the commercialisation of next generation bioenergy technologies. As regards the recently published Report of the Review Group on State Assets and Liabilit- ies I would refer the Deputy to the commitment in the Programme for Government to invest over time up to €2 billion in the sale of non-strategic state assets to finance the New Era investment programme and also to the statement issued by the Minister for Public Expenditure and Reform on the publication of the Report which indicated that the Government would now study the findings of the Report and its extensive recommendations in detail.

Energy Resources 363. Deputy Michael McCarthy asked the Minister for Communications, Energy and Natural Resources his commitment to the renewable energy feed-in tariff, REFIT, programme; and if he will make a statement on the matter. [9473/11]

369. Deputy Martin Ferris asked the Minister for Communications, Energy and Natural Resources if he intends to make any changes to the REFIT scheme to address concerns regarding the sale of surplus energy overseas. [9709/11]

370. Deputy Paschal Donohoe asked the Minister for Communications, Energy and Natural Resources when REFIT II will be rolled out; and if he will make a statement on the matter. [9726/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I propose to take Questions Nos. 363, 369 and 370 together. The Renewable Energy Feed in Tariff programme (REFIT) was introduced in 2006. It is a support scheme for certain categories of new renewable generation, which ensures a minimum price is paid to producers over a period of 15 years. All EU Member States have support schemes for renewable generation. Feed-in-tariff schemes, such as the one in Ireland, are by far

258 Questions— 3 May 2011. Written Answers the most commonly used support mechanism. Over a 10 year period prior to the introduction of REFIT, renewable generation was supported through the Alternative Energy Requirement (AER) which was a tender based support scheme. Since 2006, REFIT has underpinned a significant additional amount of renewable generation underlining the critical importance of the continuation of a renewable energy feed in tariff system. The REFIT scheme had State Aid approval from the European Commission to accept applications until end 2009. In 2010, my Department applied to the European Commission for renewal of the state aid approval to continue to offer REFIT until 2015. My Officials are finalising negotiations with the European Commission on the parameters of the second REFIT Scheme and a decision by the Commission is awaited. REFIT II will be implemented as soon as state aid approval has been obtained. The renewable value of energy can only be legally traded in the context of the Co-operation Mechanisms set out in the EU Renewable Energy Directive 2009/28/EC (Articles 6-12). Any decisions to trade renewable energy will be done in that context which includes joint projects with other countries. Where Ireland engages in joint projects in future whereby the renewable value of energy is exported to another country, then it will be the latter’s support scheme which will apply.

Nuclear Safety 364. Deputy Eoghan Murphy asked the Minister for Communications, Energy and Natural Resources his plans to incorporate non-domestically-generated nuclear energy into the State’s energy mix once the safety review of nuclear plants based in the EU is concluded. [9532/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The position of successive Governments over many years is that nuclear power is neither sustainable nor the answer to meeting Ireland’s energy needs. This position is shared by several EU Member States. The Lisbon Treaty legally provides for individual Member States to determine their own energy mix. 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 construed as enabling the authorisation of development consisting of an installation for the generation of electricity by nuclear fission”. These prohibitions do not include the importation of electricity generated by nuclear energy elsewhere. Legal advice received by my Department states that such a prohibition, even if realistically implementable, would in any event be in breach of Article 34 of the Treaty on the Functioning of the European Union, which prohibits quantitative restrictions on imports and all measures having equivalent effect between Member States. It is not technically feasible to guarantee that electricity imported over an interconnector is not generated from nuclear sources. It is not possible to distinguish the flow of electricity across interconnectors by reference to the original source of supply or generation. Ireland currently imports electricity from time to time from Northern Ireland, which is in turn linked to the UK electricity market via the Moyle Interconnector. Electricity imports from the UK will be increased with the completion of the East West Interconnector in 2012. It is the case that nuclear generation forms part of the overall UK generation fuel mix. The safety audit of nuclear plants in the European is being conducted in response to the Fukushima accident in Japan and falls within the nuclear safety remit of the Minister for the

259 Questions— 3 May 2011. Written Answers

[Deputy Pat Rabbitte.] Environment, Heritage and Local Government. Criteria for the review are due to be agreed in May by the European Nuclear Safety Regulators Group, where the Radiological Protection Institute of Ireland (RPII) represents Ireland. The Government is strongly supportive of a rigorous and transparent safety audit of nuclear facilities in Europe including reprocessing facilities such as Sellafield.

Alternative Energy Projects 365. Deputy Noel Grealish asked the Minister for Communications, Energy and Natural Resources the current expenditure on renewable energy; his plans regarding expenditure and grant aid for renewable energy for the next five years; and if he will make a statement on the matter. [9542/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Exchequer expenditure in the renewable energy area is administered through the Sustainable Energy Authority of Ireland (SEAI), which has a total allocation of €88.773m this year as provided for in Budget 2011. While energy efficiency programmes have become the primary focus of SEAI’s programmes in recent years, a number of renewable energy programmes remain. The Reheat and Biomass Combined Heat and Power programmes have a total allocation of €2.997m in 2011. The Greener Homes Scheme remains open with an allocation of €3.3m in 2011. SEAI also administers the Ocean Energy Research and Development programme, with an allocation of €13.1m in 2011, and the Renewable Energy Research, Develop- ment & Deployment Programme, with an allocation of €2m, which includes support for the International Energy Research Centre which is being established in Cork. Expenditure in future years will be determined in the context of overall Budgetary decisions for 2012 and beyond. Renewable electricity generation is supported under the Public Service Obligation (PSO), which is a fund collected from all electricity consumers. The PSO which is primarily used to support electricity generation from peat, covers support to renewable electricity generators under the AER (Alternative Energy Requirement) and REFIT (Renewable Electricity Feed in Tariff) Schemes. Support for renewable energy under the PSO amounts to €43.226m of the total €156.628m PSO in 2010/11.

Telecommunications Services 366. Deputy Simon Harris asked the Minister for Communications, Energy and Natural Resources the level of access to broadband in the Wicklow-east Carlow area; his plans to increase the provision of broadband in the area; and if he will make a statement on the matter. [9546/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The provision of broadband services is, in the first instance, a matter for private sector service providers operating in Ireland’s fully liberalised telecommunications market. Broadband services are provided by private service providers over various platforms including DSL (i.e. over telephone lines), fixed wireless, mobile, cable, fibre and satellite. Details of broadband services available in each county can be found on ComReg’s website at www.callcosts.ie. In cases of market failure the Government will intervene, where it is appropriate and possible to do so. The National Broadband Scheme (NBS) represents such an intervention. EU State Aid and competition rules govern how states can intervene in areas where there are existing

260 Questions— 3 May 2011. Written Answers service providers operating. Accordingly, the NBS is prohibited from providing a service in served areas where to do so would give rise to an unacceptable level of market distortion. I am pleased to say that broadband is now available under the NBS in all designated Elec- toral Divisions (EDs) in the NBS Coverage Area, including the 37 designated EDs within County Wicklow and the 6 designated EDs within County Carlow. It continues to be a priority of the Government that there will be broadband coverage across the entire country. I am aware that there continues to be a small percentage of premises throughout the country that will not be capable of receiving broadband services. This is primarily due to technical and other reasons (suitability of a telephone line, distance from an enabled exchange, no line of sight etc.). The European Commission has set aside a portion of the European Economic Recovery Programme (EERP) funding for rural broadband initiatives. Using this funding, which will be augmented by an Exchequer contribution, I intend to formally launch a Rural Broadband Scheme shortly. This scheme will aim to provide a basic broadband service to individual unserved rural premises outside of the NBS areas. Information in relation to acceptance of applications and the process of qualification under the scheme will be made available in due course when the scheme is launched.

Programmes for Government 367. Deputy John McGuinness asked the Minister for Communications, Energy and Natural Resources the specific proposals in the programme for Government for which he is responsible; the target dates he has agreed for the delivery of these proposals; and if he will publish an implementation schedule. [9579/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The Programme for Government sets out the policies and initiatives to be progressed over the term of the Government to address the many challenges facing the country. Together with my colleague Minister of State, Fergus O’Dowd, T.D., I am working to ensure delivery on the commitments of the Programme which fall within the remit of the Department of Communications, Energy and Natural Resources. This involves a wide ranging agenda encompassing the areas of energy, communications, broadcasting and natural resources. Apart from Programme for Government commitments there is a wide ranging programme of work to be delivered across all areas of my Department. In addition, the Minister of State and I have commenced working with other Ministerial colleagues on commitments which relate to the Government’s plan for the New Economic and Recovery Authority (New ERA) and related investment priority areas in support of employment and economic growth. We will work to ensure delivery on these commitments and indeed all of the responsibilities of my Department and will keep progress under regular review.

Postal Services 368. Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources if he will provide information on a matter (details supplied) regarding mail services; and if he will make a statement on the matter. [9617/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The matter raised by the Deputy is an operational matter for the board and management of An Post and one in which I have no statutory function.

261 Questions— 3 May 2011. Written Answers

[Deputy Pat Rabbitte.]

I will however forward the issue to the An Post for direct reply to the Deputy.

Questions Nos. 369 and 370 answered with Question No. 363.

Departmental Schemes 371. Deputy Michael McGrath asked the Minister for Communications, Energy and Natural Resources the support available to persons who wish to avail of the Sustainable Energy Auth- ority of Ireland home energy saving grant scheme but who are unable to come up with payment for the supplier pending the release of the grant moneys; and if he will make a statement on the matter. [9761/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The administration of the Home Energy Saving Scheme is a matter for the Sustainable Energy Authority of Ireland (SEAI). SEAI advises that payment arrangements between householders and contractors are a matter for the parties concerned. It is the case that grants under the Scheme are only payable by SEAI on completion of the works in question.

Postal Services 372. Deputy Michael McGrath asked the Minister for Communications, Energy and Natural Resources the reason for the delay in the completion of the pre-qualification questionnaire process for the implementation of the national postcode system; when he expects further progress; and if he will make a statement on the matter. [9786/11]

373. Deputy Michael McGrath asked the Minister for Communications, Energy and Natural Resources his views on whether persons who were members of the Government national postcode project board, which recommended the most appropriate postcode system for Ireland, should be excluded from the tender process for the implementation of the national postcode system. [9787/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): My Department has commenced the procurement process in respect of a National Postcode System with the publication of a Pre-Qualification Questionnaire (PQQ) on the e-tenders website on 17 January 2011. The procurement process is still ongoing and I will not be commenting on that process until it has concluded. The Deputy should be aware, however that as part of the tender process, answers were published on the e-tenders website by my Department in response to questions placed by interested parties. One question asked:

“Are those individuals or organisations who participated as appointed members of the Postcode Working Group or the National Postcode Project Board permitted to seek pre- qualification either on their own or as part of other consortia/business formations?”

262 Questions— 3 May 2011. Written Answers

The response prepared by my Department and published on e-tenders was as follows:

“No member of the National Postcode Project Board (the current body overseeing the procurement of a NPS) or the Advisors to that Board are permitted to seek pre-qualification. With respect to the Postcode Working Group, as this body no longer exists and its findings are freely available to all interested parties, those members not involved in the current work of the NPPB are entitled to seek pre-qualification if they so wish.”

Inland Fisheries 374. Deputy Brendan Griffin asked the Minister for Communications, Energy and Natural Resources if a salmon licence will be granted to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [9825/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): If the person, as identified by the Deputy, is a private fishery owner and can prove title to obtain a draft net licence, he will, upon application, be issued with a salmon fishing licence by Inland Fisheries Ireland to fish in accordance with the Wild Salmon and Sea Trout Tagging Scheme Regulations.

Departmental Funding 375. Deputy Patrick O’Donovan asked the Minister for the Environment, Community and Local Government the position regarding the implementation of a programme (details supplied) in County Limerick. [9018/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Under the programme in question, I understand that an Area Implementation Team (AIT), which draws up a plan based on the particular needs of the area so that available funding can be targeted at where it will do the most good in the community, has been established for the area in question. The inaugural meeting of the AIT took place on 15 April 2010. The AIT includes representatives of the Department Social Protection, the relevant local authority, An Garda Síochána, Youth Services, HSE, VEC and others. I understand that the community forum structure has been agreed, task groups have been formed and there is agreement on the role of agencies and on chairing of task groups. A Co-ordinator for the area is in place since January 2010, funded by the local authority. As regards the proposal to allocate additional funding for the area in question from the Dormant Accounts Fund, I can confirm that 8 projects have been prioritised by Pobal. These are currently being considered by my Department in the context of the reduced level of funding available to the Department in the current year, and also in the context of the review of expenditure that is being undertaken. Any decisions arising will be notified to all applicants as soon as possible.

Motor Taxation 376. Deputy Pádraig Mac Lochlainn asked the Minister for the Environment, Community and Local Government if he will review the application of changes to commercial taxation introduced by the last Government, which penalises licence holders who drive vehicles with commercial taxation when they use their vehicles for purposes other than for work. [9168/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The situation regarding the taxation of goods vehicles has not changed.

263 Questions— 3 May 2011. Written Answers

[Deputy Phil Hogan.]

In August 2010 my Department issued a circular letter to motor tax offices reminding authorised officers of existing provisions with regard to the taxation of vehicles on a goods basis. This reiterated the terms of a 2005 circular letter (Circular MT 10/2005). To be taxed as a goods vehicle, a vehicle must be constructed or adapted for that purpose and used solely in the course of trade or business. If a vehicle is adapted, it must have the same characteristics as a goods vehicle in relation to space and accommodation for carrying goods and it must have limited seating capacity. The vehicle must also be used in the course of trade or business. Under section 2 of the Finance (Excise Duties) (Vehicles) Act 1952, if a vehicle is used in a condition or manner which would attract motor tax at a higher rate, tax then becomes payable at that rate. In other words, if a goods vehicle is used at any time in a private capacity, it must be taxed at the private rate of motor tax. Under Article 3 of the Road Vehicles (Registration and Licensing) (Amendment) Regu- lations 1992, a licensing authority must be satisfied that it is authorised to issue the licence applied for and accordingly, that it is the appropriate licence for the vehicle. It is thus open to a motor tax office to seek backing documentation to support an application for a goods vehicle licence, which is in effect a concessionary rate of tax. Such documentation could include, but is not limited to, a certificate of commercial insurance, evidence of registration for VAT or a Tax Clearance Certificate, or any other document that would assist in satisfying the licensing authority as to the basis for the application. It would not be expected that any person genuinely using a vehicle in the course of trade or business would have any difficulty providing such documentary evidence if requested to do so. Form RF 111A Goods Declaration Form, which has been in existence for a number of years and is not a new requirement, constitutes the statement by the applicant that the vehicle is being used in the course of trade or business. This declaration should not need to be sought at every renewal once particulars of the vehicle have not changed, but it is normally sought at the time of first taxing as a goods vehicle and on change of ownership. The only minor amendment to this form is that the income tax registration number of the applicant is now requested to support the claim that the vehicle is being used in the course of trade or business. While the legal provisions governing the taxation of goods vehicles have not changed, evidence was brought to the Department’s attention that high-powered, high-specification vehicles that would not normally fall into the goods vehicle category are being increasingly claimed as goods vehicles. In that regard, it is important that motor tax offices follow the requirements to ensure a vehicle is correctly taxed. If a concessionary rate of tax is being claimed in circumstances where it is not warranted, the concomitant loss of income would in the normal course of events have to be recouped elsewhere. In this regard, all road users should pay their fair share of motor tax in line with the relevant legal provisions. I intend to review the taxation classes currently in place for motor vehicles.

377. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government the amount of road tax paid by car owners in County Wicklow in each of the years 2007, 2008, 2009 and 2010, and to date in 2011; and if he will make a statement on the matter. [9219/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The total gross motor tax receipts for Wicklow County Council motor tax offices since 2007 are set out in the following table:

264 Questions— 3 May 2011. Written Answers

Total Gross Receipts of Motor Tax Paid in Wicklow County Council Motor Tax Offices

Year Amount €

2007 19,923,480 2008 20,360,629 2009 19,611,844 2010 18,197,952 2011* 4,719,497 *First quarter 2011

Communications Masts 378. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government the process and regulations in place for the installation of telecommunications masts; and if he will make a statement on the matter. [9362/11]

Minister of State at the Department of Environment, Community and Local Government (Deputy Willie Penrose): In general, planning permission must be obtained for the erection of an antenna support structure or mast. Under Article 6 and Schedule 2 of the Planning and Development Regulations 2001, certain classes of development carried out by a statutory undertaker authorised to provide a telecommunications service are, subject to specified conditions, exempted development for the purposes of the Planning Acts. These include:

— the attachment of additional antennae to an existing antenna support structure;

— the erection of an antenna support structure in place of an existing antenna support structure, and

— the attachment of antennae to certain existing structures, such as lamp posts, flag poles, CCTV poles, electricity pylons and certain public or commercial buildings (other than educational facilities, child care facilities or hospitals).

The above exemptions are conditional, inter alia, on the field strength of the non-ionising radiation emissions from the site not exceeding the limits specified by the Commission for Communications Regulation. In addition, in the case of the exemption for the attachment of antennae to certain existing structures, there is a requirement on the statutory undertaker to notify the planning authority, in writing, of the proposed location of any such structure at least 4 weeks before the attachment of the antennae. My Department published Guidelines for Planning Authorities on Telecommunications Antennae and Support Structures in 1996. The guidelines are intended to facilitate planning authorities, An Bord Pleanála, the licensed providers of mobile telecommunications services and the public by providing guidance on dealing with these developments within the planning system. The guidelines set out a locational hierarchy in relation to the siting of radio masts and advise that free-standing masts should only be located within, or in the immediate surrounds of, smaller towns or villages as a last resort. If such a location should become necessary, masts and antennae should be designed and adapted for the specific location. In the vicinity of larger towns and in city suburbs, operators should endeavour to locate in industrial estates or in industrially zoned land. The guidelines further advise that, only as a last resort, and if all the alternatives are unavailable or unsuitable, should free-standing masts be located in a residential area or beside schools. Under Section 28 of the Planning and Development Act 2000, planning 265 Questions— 3 May 2011. Written Answers

[Deputy Willie Penrose.] authorities are required to have regard to any ministerial guidelines in the performance of their functions. The Guidelines are available on my Department’s website at www.environ.ie.

Grant Payments 379. Deputy James Bannon asked the Minister for the Environment, Community and Local Government if a person (details supplied), who is unable to climb stairs, who lives alone and whose only income is the old age pension, is entitled to a conversion grant to build a downstairs toilet; and if he will make a statement on the matter. [10050/11]

421. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government his plans to introduce a grant scheme for home improvements. [9716/11]

Minister of State at the Department of Environment, Community and Local Government (Deputy Willie Penrose): I propose to take Questions Nos. 379 and 421 together. Under the terms of the suite of Housing Adaptation Grants for Older People and People with a Disability, which is administered by the local authorities, grants are available to assist households to have necessary repairs or improvement works carried out in order to facilitate the continued independent occupancy of their homes. Three separate schemes are available:

Housing Adaptation Grant for People with a Disability: This grant assists people with a disability to have necessary adaptations, repairs or improvement works carried out in order to make their accommodation more suitable for their needs. Eligible works include the provision of access ramps, stair lifts, accessible toilet and shower facilities, wheelchair access and extensions. The effective maximum grant under the scheme is €30,000, which may cover up to 95% of the approved cost of works for applicants, including those in full-time employment, who have gross household incomes of up to €30,000 per annum, tapering to 30% for those with incomes of €54,001 to €65,000.

Mobility Aids Grant Scheme: This scheme is available to fast track grants of up to €6,000 to cover a basic suite of works to address the mobility problems of a member of a household. Qualifying works include the provision of stair lifts, level access showers, access ramps, grab rails and some minor adaptation works to the fabric of the house such as adaptation of downstairs room/closet to provide sanitary facilities etc. The effective maximum grant available is €6,000 and may cover 100% of the cost of works subject to a maximum annual household income threshold of €30,000.

Housing Aid for Older People Scheme: This scheme provides grants of up to €10,500 to assist older people living in poor housing conditions to have necessary repairs or improvements carried out. Grant eligible works include structural repairs or improvements, re-wiring, repairs to or replacement of windows and doors, provision of water supply and sanitary facilities, provision of heating, cleaning, painting etc. Maximum grant available is €10,500 which may cover up to 100% of the costs of works for applicants with gross annual household incomes of less than €30,000, tapering to 30% for those with incomes of €54,001 to €65,000.

The detailed administration of these schemes, including the assessment, approval and the specific level of funding to be directed to each of the various grant measures from within the

266 Questions— 3 May 2011. Written Answers allocations notified to them by my Department, is the responsibility of the relevant local authority. Grants of up to €6,350 are also available from my Department for the renewal or repair of thatched roofs of houses. Outside of these grant schemes, there is no specific grant scheme currently available from my Department for carrying out house improvements. The Home Energy Saving Scheme, which is administered by Sustainable Energy Authority Ireland (SEAI), provides grants to homeowners for improving the energy efficiency of their homes in order to reduce energy use and costs. This scheme, which falls within the remit of my colleague, the Minister for Communications, Energy and Natural Resources, is open to all owners of existing homes built before 2006.

Waste Management 380. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if he will include the cost of carbon dioxide and other greenhouse and noxious gas emissions that result from waste incineration in proposed incinerator levies; and if he will make a statement on the matter. [9056/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The waste sector requires certainty on the issue of the application of levies to incineration facilities. As I indicated during the Environment (Miscellaneous Provisions) Bill 2011 Second Stage debate on 14 April, I have been reviewing the provisions of the Bill relating to the Waste Facility Levy in light of the transposition of the Waste Framework Directive on 31 March 2011. I will be making my decision in relation to the provisions concerning such levies known when the Bill is at Committee stage. My decision will be consistent with the guiding principles which inform the Government’s new waste policy. The policy will be designed to minimise the volumes of waste generated and to extract the maximum value from those wastes which do arise; will be founded on a firm, evidence-based understanding of the many scientific, economic and social issues which are inherent elements of the waste policy discourse; and will be designed to facilitate necessary investment in infrastructure, within an appropriately regulated waste market framework.

381. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government the specific issues preventing the publication of the Hennessy report about the proposed incinerator at Poolbeg, Dublin; and if he will make a statement on the matter. [9057/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The former Minister for the Environment, Heritage and Local Government, Mr. John Gormley, appointed Mr. John Hennessy, SC, as an authorised person under section 224 of the Local Government Act 2001, to examine various financial matters arising in relation to the Waste to Energy facility proposed for Poolbeg. I am considering the Hennessy Report in consultation with the Attorney General, including issues relating to publication, and am working to conclude this consideration as soon as possible.

Local Authority Housing 382. Deputy Shane Ross asked the Minister for the Environment, Community and Local

267 Questions— 3 May 2011. Written Answers

[Deputy Shane Ross.] Government if his attention has been drawn to the fact that the Ombudsman’s investigation into the South Dublin County Council Part 8 process with regard to Taylor’s Lane has not been concluded, and that he has given written assurances on numerous occasions that no decision to expend scarce financial resources will be spent until the Ombudsman has concluded her investigation and her report is taken into account; if he will give an assurance that he will put a stay on any financial transaction by his Department pertaining to this SDCC Part 8 process pending the outcome of the Ombudsman’s investigation; if his further attention has been drawn to the fact that no contract has been signed and therefore no financial liability exists; if his attention has been drawn to the fact that SDCC withheld pertinent statutory information from his Department when it applied for financial support; if he will release all correspondence and a record of all contact between SDCC and his Department and his ministerial predecessor; if he will meet with an association of residents (details supplied) who risk losing their conditioned open space; if he will explain to them the reason they might lose their open space because public servants are not doing their job, not carrying out financial oversight, not keeping up with the challenging economic times and not taking into account that in the SDCC area there is a glut of empty and incomplete houses, that the statutory processes no longer apply and that all this is to be funded by the IMF-ECB, for which residents such as they will have to pay. [9065/11]

Minister of State at the Department of Environment, Community and Local Government (Deputy Willie Penrose): The project referred to is a small infill development of 9 social units, intended to address issues of antisocial behaviour and an identified housing need in this area. The Council submitted a tender recommendation report in December 2010 and my Department issued approval to accept the recommended tender in March 2011 with a budget cost of €1.2m. The Council’s proposal stated that the site concerned was never designated as open space. My Department visited the site in June 2010 and considered it to be a suitable location for social housing in accordance with Quality Housing for Sustainable Communities guidelines. The Council also confirmed to my Department that the proposed development complied with planning requirements and had obtained Part VIII approval under the Planning Acts. The written record referred to in the Question is an e-mail from my Department in May 2008, which expressed the view of my Department at the time that it would be prudent to await the outcome of the Ombudsman’s investigation into South Dublin County Council before proceeding. It is understood that while the status of the investigation is ongoing, the Council is satisfied that there is no objection on the part of the Ombudsman’s Office to the signing of contracts to commence work on this project. Given the passage of time it is considered reasonable that the proposed project should be assessed and processed in the normal manner. In April 2009, my Department responded to a Freedom of Information (FOI) request and released all correspondence and records of all contacts between my Department and South Dublin County Council.

383. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the position regarding regeneration of an area (details supplied) in Dublin 17; and if he will make a statement on the matter. [9089/11]

Minister of State at the Department of Environment, Community and Local Government (Deputy Willie Penrose): I refer to the reply to Question No. 123 of 20 April 2011, which set out the position in this matter.

268 Questions— 3 May 2011. Written Answers

384. Deputy Eamonn Maloney asked the Minister for the Environment, Community and Local Government if the commencement order has been signed in respect of the local authority tenant purchase scheme for apartments; and if he will make a statement on the matter. [9112/11]

391. Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local Government the position regarding the incremental purchase scheme and the sale of houses and apartments; and if he will make a statement on the matter. [9193/11]

408. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government his plans to introduce a ministerial order to allow the sale of local authority flats as provided for in the Housing (Miscellaneous Provisions) Act 2009; and if he will make a statement on the matter. [9434/11]

Minister of State at the Department of Environment, Community and Local Government (Deputy Willie Penrose): I propose to take Questions Nos. 384, 391 and 408 together. I refer to the replies to Questions No. 272 of 12 April 2011 and No. 201 of 19 April 2011, which set out the position in this matter.

Departmental Funding 385. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government when funding will be released from the environment fund to allow for applications to the Local Agenda 21 Environmental Partnership Fund for 2011; and if he will make a statement on the matter. [9122/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Budgets for each programme area to be funded from the Environment Fund in 2011 have recently been finalised. Allocations for individual activities within these broad programme headings, including for Local Agenda 21 purposes, will be finalised in the coming weeks, after which applications for funding, via the local authorities, will commence.

Local Authority Charges 386. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government if he will consider an issue regarding rates in view of the lack of services in certain locations (details supplied). [9130/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. Rates are a local property tax levied on the occupiers and, in some cases, the owners of fixed commercial properties. Liability for rates arises by reason of occupation rather than provision of particular services. The levying and collection of rates are matters for each individual local authority. The Annual Rate on Valuation (ARV), which is applied to the valuation of each property to obtain the amount payable in rates, is decided by the elected members of each local authority in the annual budget and its determination is a reserved function of a local authority. The Valuation Office is responsible for calculating the rateable valuation of commercial properties and the size and location of the properties would be a factor in arriving at the rateable valuation.

269 Questions— 3 May 2011. Written Answers

Ministerial Staff 387. Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government the details of all permanent Civil Service or non-established positions in his Department with regard to assisting Ministers with constituency work; the monthly salaries for these positions; and if any further appointments are envisaged. [9138/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): While arrangements for the staffing of the Constituency Offices in my Department are not yet finalised, these Offices will be staffed in accordance with the agreed reduced staffing limits decided by the Government. In addition to the appointment of a Personal Secretary, which is currently being arranged, I have also initiated arrangements for the appointment of a Personal Assistant, in line with the Instructions on Ministerial Appointments for the 31st Dail. An Executive Officer, from my Department’s existing staff complement, is currently assigned to work on constituency matters and I also intend to assign a Clerical Officer. Minister of State at the Department of the Environment, Heritage and Local Government, Mr. Willie Penrose, T.D., has appointed a Personal Secretary and Personal Assistant who are assigned to work on constituency matters, along with a Clerical Officer from my Department’s existing staff complement. The Minister of State, Deputy O’Dowd, has no staff assigned to constituency matters in my Department. The details of those already assigned to constituency matters are as follows:

Office Grade/Position Monthly Salary €

Minister, Deputy Hogan Executive Officer 3,497 Minister of State, Deputy Penrose Personal Secretary 3,661 Personal Assistant 4,057 Clerical Officer 2,780

Ministerial Appointments 388. Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government if he will list the details of all State appointments open to direct choice by him on 10 March 2011. [9152/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Apart from the Heritage Council, which transferred to my colleague, Deputy Jimmy Deenihan, Minister for Arts, Heritage and the Gaeltacht on 1 May 2011, there were two vacancies on State Boards under the aegis of my Department open to direct choice to me on 10 March 2011. Neither of these vacancies have since been filled. On 10 March there was one vacancy on the Board of the Housing Finance Agency. Members of the HFA Board are appointed by the Minister for the Environment, Community and Local Government under the Housing Finance Agency Act 1981. There was also one vacancy for the Chairperson of Comhar Sustainable Development Council which arose on 1 January 2011.

Planning Issues 389. Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local Government the regulations in place to control noise pollution arising from the staging of motor 270 Questions— 3 May 2011. Written Answers car rally or racing events in proximity to residential areas; the means available to residents who object to the noise generated and wish to make a formal complaint; and if he will make a statement on the matter. [9180/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Under section 230 of the Planning and Development Act 2000 and Part 16 of the Planning and Development Regulations 2001, a licence is required in respect of holding an event at which the audience comprises 5,000 or more people. An applicant for a licence is required, within the period of two weeks before applying for a licence, to publish a notice of his or her intention to submit an application in one local and one national newspaper. The notice must give details regarding the event to be held, including the anticipated number of the audience at the proposed event. The licence application must be accompanied by a draft plan for the management of the event, including a draft site emergency plan; a draft traffic management plan; a draft safety strategy statement; and a draft environment monitoring programme for before, during and after the proposed event. Any person may make a submission or observation about the application to the local authority, which must consult with the Gardaí and the HSE in relation to the application, and may also invite submissions from other persons or convene any meetings or consultations it considers appropriate. In considering an application for a licence under this section, the local authority must have regard to a number of matters, including any submissions or observations made to it in accordance with the Regulations, any consultations it has undertaken and the matters which may be the subject of conditions attached to the licence. The local authority may decide to grant the licence, grant the licence subject to such conditions as it considers appropriate or refuse the licence. Conditions subject to which a licence is granted may include the avoidance or minimis- ation of disruption to the neighbourhood in which the event is to take place. Outdoor events with a proposed attendance below the threshold of 5,000 persons are not subject to a licence as set out above. However, such events have been successfully managed by some local authorities using section 107 of the Environmental Protection Agency Act 1992. A local authority may specify conditions and restrictions as part of a Section 107 notice served under the Environmental Protection Agency Act 1992 in order to prevent persons in the neighbourhood being unreasonably disturbed by noise caused by an event. In addition, under section 108 of the Environmental Protection Agency Act 1992, it is open to any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet outlining the legal avenues available to persons experiencing noise nuisance is available to download from my Department’s website, www.environ.ie As set out in section 7 of the leaflet, a person who is alleged to have caused a noise nuisance can put forward a “good defence” in Court if they can prove they took all reasonable care to prevent or limit the noise by using facilities, practices and methods of operation that are suitable for that purpose. Complying with the conditions of a planning permission or a section 107 notice may be taken into account by the Court in this regard.

Local Authority Charges 390. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government the provisions by which local authorities can levy commercial rates on a business for a week or a month as opposed to an annual rates bill, and can this be used to facilitate pop

271 Questions— 3 May 2011. Written Answers

[Deputy Sean Fleming.] up shops and other temporary businesses that open up for various occasions such as Christmas, Easter, festivals and other such events; and if he will make a statement on the matter. [9189/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. Under current legislation the person liable for payment of rates is the person in occupation of a rateable property at the date of the making of the rate. The owner rather than the occupier may be liable for commercial rates if the property in question is unoccupied on the date of the making of the rate. Should a person’s occupancy commence after the date of the making of the rate then that person is not primarily liable for rates for that year. My Department continues to keep all matters relating to commercial rates under regular review.

Question No. 391 answered with Question No. 384.

Departmental Funding 392. Deputy Paschal Donohoe asked the Minister for the Environment, Community and Local Government the position regarding funding (details supplied); and if he will make a statement on the matter. [9205/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): In the context of current constraints on the public capital programme and the reduction in new social housing supply, returning vacant stock to use, in as short a time as possible, continues to be a major priority for my Department under the Social Housing Improvement Programme. A key objective of the programme is to maximise the number of vacant units which can be brought back into use at reasonable cost. This will apply to both casual vacancies and long-term voids. Based on information provided by local authorities throughout the country, and with regard to the funding available, an allocation of €5.5million has been provided to Dublin City Council for the Energy Efficiency/Voids programme in 2011. 25% of this has already been paid to the Council. A further €24 million has been allocated to Dublin City Council under its social housing improvement works programme covering regeneration and remedial works. My Department remains committed to funding of improvement works throughout the City Council area having regard to available resources and competing demands.

Local Authority Housing 393. Deputy Maureen O’Sullivan asked the Minister for the Environment, Community and Local Government the position regarding the funding that was set aside for senior citizen housing (details supplied) when planning permission was granted for 99 apartments. [9213/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): Dublin City Council is working with the voluntary body concerned to progress this project in accordance with the terms and conditions of my Department’s Capital Assistance Scheme, including the requirements of the Capital Works Management Framework.

272 Questions— 3 May 2011. Written Answers

Following receipt of a detailed report from Dublin City Council in December 2010, my Department wrote to the Council in March 2011 seeking clarification on a number of issues. This information will be considered by my Department upon submission by the Council. A related request from the Council for a revised budget for the demolition of the existing building, which was previously approved, is currently being considered by my Department.

394. Deputy Patrick O’Donovan asked the Minister for the Environment, Community and Local Government the position regarding a scheme (details supplied) which was referred to him by Limerick County Council. [9254/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): My Department’s involvement with voluntary and co-operative housing schemes relates primarily to the provision of funds for individual projects. The detailed administration of the schemes, and the certification that projects comply with the terms and conditions of the funding schemes, are the responsibility of the relevant local authority. It is thus a matter for each local authority to prioritise voluntary housing projects for funding under my Department’s capital funding schemes. The project in question was not included in the work programme for 2010 primarily because it was not afforded a sufficiently high priority by Limerick County Council. It is intended to issue a call for proposals in the course of 2011 for new voluntary housing projects for inclusion in the work programme. It will be a matter for Limerick County Council to prioritise projects locally having regard to the relative merit of any proposals received and the extent to which they meet housing need.

Local Authority Projects 395. Deputy Brendan Ryan asked the Minister for the Environment, Community and Local Government if he will re-evaluate the policy which prevents Fingal County Council from spending existing capital reserves built-up over a number of years on much needed and long-awaited community projects. [9259/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): In February 2009, my Department set out details of the financial requirements for local authorities relating to their overall management of capital and current accounts. These requirements flow directly from the requirement for Government finances as a whole to be managed in accordance with the Stability and Growth Pact established under the Maastricht Treaty, and the associated limitation on budget deficits. The Government set a limit of €200m for the contribution of the local government sector to the deterioration in the General Government Balance in any one year. This was not a new requirement. However, the downturn in the economy and substantial pressures on Government funding generally required a sharp focus in all sectors, including local authorities, to ensure effective control and management of public finances. In order to stay within the overall GGB limits, it is necessary for local authorities to maintain both their current and capital accounts broadly in balance. The only restriction on local authorities is that, in aggregate, capital income equal capital expenditure in the year. Balance is only required at an overall level and this allows considerable scope for authorities to draw on their existing capital reserves as an element of their overall investment programme. The precise manner in which capital and current accounts are managed in order to achieve the overall balance necessary is a matter for individual local authorities themselves. However, within these overall limits, there is additional capacity for non-mortgage borrowing and the expenditure of capital balances on hand by local authorities. Subject to the maintenance

273 Questions— 3 May 2011. Written Answers

[Deputy Phil Hogan.] of balanced current and capital accounts, and allowing for the repayment of existing borrowings, up to €250m in new loan finance and expenditure of capital balances on hand can be made available to the local government sector annually to fund capital investment in necessary infrastructure projects. The process of prioritising applications for such projects is near completion and my Department has been guided by local authorities in respect of the most critical projects requiring funding at this time. While I appreciate that these GGB requirements impose limitations on local authorities, there are considerable funding constraints at all levels of Government and local authorities cannot be immune to the effects of the downturn in the economy. It is a matter for every local authority, including Fingal County Council, to determine its own spending priorities in the context of the annual budgetary process having regard to both locally identified needs and available resources within the GGB limits as set out. My Department will continue to work with all local authorities to ensure that, within the context of the overall GGB requirements, decisions on matters of capital investment are taken in a way which maximise available resources and give the necessary prioritisation to environmental, economic and social infrastructure.

Planning Issues 396. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the length of time it takes An Bord Pleanála to issue a decision in relation to a planning appeal distinguishing between residential cases and non-residential development. [9298/11]

397. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the length of time An Bord Pleanála takes to issue a decision upon an application for confirmation of a compulsory purchase order. [9300/11]

414. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government his plans to reform An Bord Pleanála. [9530/11]

415. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government his views on the practice of members of An Bord Pleanála, whereby they go against the express advice and conclusions of inspectors reporting to the board in relation to specific planning cases. [9531/11]

424. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government his views on the circumstances in which An Bord Pleanála should over-rule its own inspector’s report. [9775/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): I propose to take Questions Nos. 396, 397, 414, 415 and 424 together. The Planning and Development Act 2000 provides that the decision making authority for An Bord Pleánala rests with the Board itself and not with any individual inspector who may report on a case. The Board, in almost all cases which come before it, commissions an inspector’s report on the case and it has the benefit of this assessment as an aid to its overall consideration of the matter. Statistics for the year 2010 indicate that the Board did not accept the substantive recommendation of the inspector in 14.5% of cases. Section 34(10) of the Act provides that in such cases the Board is required to indicate the reason(s) for not accepting the inspector’s recommendation in its decision on the particular case.

274 Questions— 3 May 2011. Written Answers

Inspectors’ reports and the Board’s decisions are available to the public within three working days of each decision. This provides the necessary transparency to the process and enables the rationale for the Board’s decision to be fully understood by all participants in the planning process. Under sections 126 and 221 of the Planning Act, An Bord Pleanála is subject to a statutory objective to determine any planning appeal case within a period of 18 weeks from the date of its receipt, and to determine an application for confirmation of a compulsory purchase order within 18 weeks beginning on the last day for the receipt of objections to the order. Figures distinguishing between residential and non-residential appeal cases are not available. My Department understands from An Bord Pleanála that there would not be any significant divergence between such categories of cases. There are no figures available isolating compulsory purchase orders from the full range of applications which come before the Board for decision —in this regard, compulsory purchase orders are often processed in association with the parallel development consent application. In March 2011, 74% of all cases which came before the Board, including planning appeal cases and confirmation of compulsory purchase orders were disposed of within the statutory objective period. The Planning and Development (Amendment) Act 2010 introduced a range of measures to improve the throughput and performance of An Bord Pleanála. The performance of An Bord Pleanala, and the Department’s agencies more generally, remains under ongoing review through mechanisms in place under the Croke Park Agreement. The use of Service Level Agreements in order to optimise governance and performance arrangements in the Depart- ment’s agencies is also under consideration.

Foreshore Licences 398. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the number of applications for foreshore licences that have issued in the past five years the number of applications outstanding; and the length of time of same. [9301/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): Following the enactment of the Foreshore and Dumping at Sea (Amendment) Act, 2009, my Department assumed responsibility on 15 January 2010 for a range of foreshore functions including all foreshore energy-related developments (including oil, gas, wind, wave and tidal energy). Responsibility for foreshore projects relating to aquaculture and sea fisheries remained with the Minister for Agriculture, Fisheries and Food. Since the transfer of certain foreshore functions into my Department 46 applications for leases and licences have secured Ministerial approval and 30 leases and licences have been executed. There are 300 active applications for a lease or licence currently on hand. Of these, 60 applications have secured Ministerial approval and are awaiting finalisation of the necessary legal documentation. The remaining applications vary in terms of the nature and size of the project, level of complexity and state of progression through the foreshore consent process. Of the 300 applications currently on hand, 47 were received since the transfer of functions into my Department.

Departmental Bodies 399. Deputy John McGuinness asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 65 of the 31 March 2011, the cost to

275 Questions— 3 May 2011. Written Answers

[Deputy John McGuinness.] him of the two boards mentioned; the payments made to each board member and the chairperson; the future costs of the appeals board and professional practice committee once appointed; if he has considered a more cost effective and efficient way of dealing with this type of registration in view of the fact that to date there is only one application; and if he will make a statement on the matter. [9310/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): The day to day administration of the register for architects provided for under Part 3 of the Building Control Act 2007 is carried out by the Royal Institution of Architects of Ireland in its capacity as the designated registration body. All costs are met from funds arising from fees charged for the purposes of registration and no direct costs to the Exchequer arise from the operation of the register. My Department does not maintain details of payments to individual board members. A fee equivalent to €9,000 per annum is currently paid to the chairpersons of both the Admissions Board and the Technical Assessment Board and a similar arrangement will apply in the case of the chairpersons of the Appeals Board and the Professional Practice Committee once the necessary appointment are made in the near future. No fee is paid to other members of the relevant boards or committees but vouched expenses may be claimed. I have no plans to change the arrangements for registration as set out in the Building Control Act 2007. My Department has liaised closely with the registration body to ensure that robust arrangements for the registration of architects are achieved in practice in a cost effective and efficient manner and this will continue to be the case.

Community Development 400. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the position regarding a dormant accounts funding application for RAPID areas (details supplied). [9331/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): In relation to the proposal to allocate additional funding for the areas in question from the Dor- mant Accounts Fund, projects have been assessed and prioritised by Pobal, and these are currently being considered by my Department in the context of the reduced level of funding available in the current year, and also in the context of the review of expenditure that is being undertaken. Any decisions arising will be notified to all applicants as soon as possible.

Water Charges 401. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government his plans to install water meters in households; the money that has been allocated to this; and when spending on same will commence. [9360/11]

407. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government if the proposed water charges will apply to those with their own private source of water and without access to a public water supply; and if he will make a statement on the matter. [9428/11]

426. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government his views that legal advice as to whether or not a domestic water charging model involving a free allowance is permissible under the EU water directive should be sought

276 Questions— 3 May 2011. Written Answers prior to the State spending any money that would bring us down that route for example on the installation of meters. [9783/11]

427. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government if he will seek legal advice as to whether or not a domestic water charging model involving a free allowance is permissible under the EU water directive and amend the terms of reference contained in the request for tenders for consultancy services on the establishment of a water utility accordingly which currently assume the introduction of such a charging regime. [9784/11]

428. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government the reason the terms of reference contained in the request for tenders for consultancy services on the establishment of a water utility published by him on 7 April 2011 assume the introduction of a charging regime for domestic use of water when the law prohibits such charges; and if he will amend the terms of reference to reflect this reality which was legislated into being by the Houses of the Oireachtas. [9785/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Fergus O’Dowd): I propose to take Questions Nos. 401, 407 and 426 to 428, inclusive, together. The Programme for Government proposes the installation of water meters in individual households and the introduction of water charges based on usage above a free allowance. The Department of the Environment, Community and Local Government is currently preparing a strategy to implement these proposals, including the funding of the metering programme. Further details will be made available following Government consideration of the proposals. The Department is also preparing legislation to allow for the introduction of domestic water charges. The advice of the Attorney General will be obtained on all aspects of the draft legislation before it is finalised, including compliance with EU legislation and the treatment of households with their own private source of water or without access to a public water supply. The Programme for Government also proposes the establishment of a new State-owned water company. The Memorandum of Understanding between Ireland and the European Union and International Monetary Fund commits Ireland to undertaking an independent assessment of the establishment of a water utility. The Memorandum also commits Ireland to introducing domestic water charges no later than 2013. The terms of reference for the independent assessment were drafted with regard to these commitments and the proposals contained in the Programme for Government.

Environmental Policy 402. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government his views on restricting the number of election posters permitted for use in both national and local elections; and if he will make a statement on the matter. [9364/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): My Department held a public consultation on the control of postering for elections and referenda in Autumn 2008. Following on from this, a number of measures, including restricting the number of posters per candidate, were pilot tested during the 2009 Local and European Elec- tions, and local authorities were canvassed for their views on these measures. Several local authorities indicated that any restriction on the number of posters per candidate would be difficult to police effectively. There were also concerns that restricting the number

277 Questions— 3 May 2011. Written Answers

[Deputy Phil Hogan.] of posters per candidate would favour larger parties with several candidates running, while restricting the number of posters per party would disadvantage candidates with running mates. Furthermore there were concerns that any such measures would disadvantage first time candidates and thus interfere with the democratic process. Other concerns included the diverse geographical nature of constituencies, e.g. small urban vs large rural. As a result, no measures were introduced to restrict the number of posters at that time. However, section 19 (7) of the Litter Pollution Act 1997 was amended by the Electoral (Amendment) (No.2) Act 2009, to introduce a 30 day time limit prior to an election taking place, during which election posters can be displayed. Prior to this amendment, the relevant legislation had required that election posters be taken down within 7 days of an election; however, no time limit had been specified for the period prior to an election within which posters could be displayed. While not dealing directly with the number of election posters on display, this legislation ensures that posters are only displayed for a limited period. For the reasons outlined, I have no plans to restrict the number of election posters permitted at this time.

Local Authority Charges 403. Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local Government his plans to introduce a national waiver system for rates (details supplied); and if he will make a statement on the matter. [9367/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Under the provisions of the Local Government (Rates) Act 1970, a rating authority may make and carry out a scheme providing for the waiver by the authority of all or a portion of commercial rates due by ratepayers in respect of a specified class or classes of property. The making of such a scheme is subject to my consent as Minister for the Environment, Community and Local Government. There is currently no legal provision to introduce a national waiver scheme for rates. While matters relating to rates are kept under regular consideration in my Department, I have no immediate plans to bring forward legislative amendment in this area.

Local Authority Funding 404. Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local Government the funding allocated to each local authority under the disabled persons grant scheme in 2010 and 2011; and if he will make a statement on the matter. [9384/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): The Housing Adaptation Grant Schemes for Older People and People with a Disability, introduced in November 2007, are funded by 80% recoupment available from my Department together with a 20% contribution from the resources of the local authority. It is a matter for local authorities to decide on the specific level of funding to be directed to each of the various grant measures from within the allocations notified to them by my Department and to manage the operation of the schemes. Details of the Exchequer funding provided to local authorities for these schemes in 2010 and the total allocations from Exchequer and local authority sources for 2011 are set out in the table below.

278 Questions— 3 May 2011. Written Answers

Housing Adaptation Grants for Older People and People with a Disability

Local Authority 2010 2011

€€

Carlow County Council 1,442,253 1,349,014 Cavan County Council 1,309,505 1,879,903 Clare County Council 2,729,965 3,000,000 Cork County Council 7,907,231 6,250,364 Donegal County Council 2,937,585 3,100,769 Dun Laoghaire/Rathdown County Council 1,543,665 1,165,228 Fingal County Council 2,077,655 2,072,365 Galway County Council 1,755,390 2,387,900 Kerry County Council 3,335,277 3,459,023 Kildare County Council 3,892,484 3,563,545 Kilkenny County Council 1,525,756 1,867,500 Laois County Council 1,470,201 1,146,093 Leitrim County Council 1,061,448 990,189 Limerick County Council 2,280,186 1,719,225 Longford County Council 1,108,804 1,260,000 Louth County Council 2,135,268 1,345,716 Mayo County Council 2,923,310 2,724,401 Meath County Council 1,471,324 1,464,096 Monaghan County Council 1,373,165 1,319,083 North Tipp County Council 1,630,108 1,607,181 Offaly County Council 1,762,852 2,059,313 Roscommon County Council 2,195,962 2,562,790 Sligo County Council 810,093 997,800 South Dublin County Council 2,452,393 3,084,098 South Tipp County Council 2,477,713 3,125,000 Waterford County Council 1,559,940 1,238,324 Westmeath County Council 1,609,193 1,143,266 Wexford County Council 2,684,425 2,603,404 Wicklow County Council 1,867,337 1,151,969 Cork City Council 2,385,188 2,707,916 Dublin City Council 9,174,558 11,361,211 Galway City Council 381,975 1,024,632 Limerick City Council 2,065,845 1,525,000 Waterford City Council 793,357 790,310 Sligo Borough Council 523,866 418,084

Fire Service 405. Deputy Anne Ferris asked the Minister for the Environment, Community and Local Government his plans to establish a National Fire Authority as recommended by the Farrell Grant Sparks Report, 2002, following an in-depth analysis of the fire services and as promised by a previous Minister for the Environment in 2004; and if he will make a statement on the matter. [9424/11] 279 Questions— 3 May 2011. Written Answers

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The report of the Review of Fire Safety and Fire Services in Ireland was published by my Department in 2002. Among the principal recommendations in the Report was a greater focus on fire safety, including the introduction of community fire safety initiatives; the enhancement of fire safety legislation, the adoption of a risk-based approach to determining emergency cover as well as new approaches and structures for major emergency management. In addition the Report called for continued capital investment to improve infrastructure and further development of safety, health and welfare arrangements. A great deal has been accomplished in the last decade since the publication of the Report and its key recommendations have been implemented. For example, substantial financial resources were provided to local authorities over the last ten years, and have resulted in a quality fire and rescue infrastructure throughout the country. Our emergency management arrangements are in line with best international practise and fire safety legislation was strengthened in 2003. In relation to the specific matter raised in the question, the establishment of the National Directorate for Fire and Emergency Management in 2009 addressed conclusively the Farrell Grant Sparks recommendation on revised institutional arrangements at central Government level. The new structures confirm responsibility for local delivery of fire services, as recommended at paragraph 5.58 of Report, while strengthening the national oversight and leadership role appropriately. The National Directorate, which is located in my Department, has taken over the functions of the Fire Services Council, and is an approach in keeping with the necessary reduction of agencies, while providing appropriate political accountability.

Building Regulations 406. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if he will respond to correspondence regarding fire protection (details supplied); and if he will make a statement on the matter. [9426/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The national Building Regulations set out the legal requirements for the design and construction of new buildings, including houses, extensions and material alterations and certain changes of use of existing buildings. The related Technical Guidance Documents provide technical guidance on how to comply with the Regulations. Part B (Fire Safety)/Technical Guidance Document B sets out the requirements in relation to fire protection as referenced in the correspondence in question. Compliance with the Regulations is the responsibility of the owner or builder of a building. The resolution of problems arising between building owners and builders is a matter for the parties concerned, namely the building owner, the relevant developer and the builder’s insurers. Where the construction of a building is the subject of a contract between a client and the builder, enforcement is a civil matter. Enforcement of the Regulations is the responsibility of the 37 local building control authorities who are empowered to carry out inspections and initiate enforcement proceedings, where considered necessary. Local Authorities also carry out statutory functions as fire authorities under the Fire Services Act 1981. The correspondence in question is a matter for the relevant local authorities who I understand will deal with the matter as appropriate in line with the standard arrangements in place for the discharge of their statutory functions.

280 Questions— 3 May 2011. Written Answers

Question No. 407 answered with Question No. 401.

Question No. 408 answered with Question No. 384.

Unfinished Housing Estates 409. Deputy Joe Carey asked the Minister for the Environment, Community and Local Government his plans to address the growing problem of unfinished housing estates; and if he will make a statement on the matter. [9438/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): The high-level Advisory Group on Unfinished Housing Devel- opments, established in October 2010 following the publication of my Department’s National Housing Development Survey database, is identifying practical and policy solutions to address the difficulties associated with unfinished housing developments effectively and promptly. On foot of the interim analysis and findings of the Advisory Group, which was published on 17 February 2011, initial funding of €5 million is being made available to local authorities to deal with immediate safety issues and works to improve the living conditions for existing residents. My Department has put in place the necessary arrangements for local authorities to make applications for funding for the most urgent and serious cases. The initial findings of the Advisory Group indicate that action on unfinished housing developments will require:

• a collaborative approach by all stakeholders working together to co-ordinate their efforts to resolve the unfinished developments;

• an immediate focus on public safety aspects and critical issues affecting residents of developments;

• a structured and prioritised approach by local authorities supported by central resources;

• the use of Site Resolution Plans and, where appropriate, innovative options such as residents and community involvement, co-operatives and self-build within the resolution process; and

• national co-ordination and monitoring of regionally and locally organised efforts to tackle the problem.

I expect the Advisory Group’s Final Report to be submitted to me shortly; I will consider its findings and recommendations as a matter of urgency and will bring proposed actions and recommendations to Government for approval.

Water and Sewerage Schemes 410. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if a sewage scheme (details supplied) in County Kerry will be included for funding as an integrated constructed wetland; and if he will make a statement on the matter. [9444/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I expect to make decisions shortly in relation to the applications submitted by local authorities for funding under my Department’s proposed new initiative relating to Integrated Constructed Wetlands. The application referred to in the Question was one of a large number of applications submitted under the initiative.

281 Questions— 3 May 2011. Written Answers

Private Rented Accommodation 411. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government the timeframe for the introduction of a deposit retention scheme for those living in private rental accommodation, as outlined in the programme for Government; and if he will make a statement on the matter. [9478/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): I refer to the reply to Question No. 107 of the 6 of April 2011, which sets out the position on this matter.

Election Management System 412. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government his plans to reform the system of voter registration; if a system linked to PPS numbers is under consideration; and if he will make a statement on the matter. [9479/11]

413. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government his plans to introduce an Electoral Commission to take over the responsibility of managing the register of electors from individual local authorities; and if he will make a statement on the matter. [9480/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 412 and 413 together. In law, the preparation of the Register of Electors is a matter for each local registration authority. It is their duty to ensure, as far as possible and with the cooperation of the public, the accuracy and comprehensiveness of the Register. While there have been improvements in these regards in recent years, I am satisfied that further improvements can be made. The Programme for Government contains a commitment to establish an Electoral Com- mission to subsume functions of existing bodies and my Department. An Electoral Commission will be an important element in a reformed and revitalised electoral system and I am currently giving consideration to how the necessary measures to establish, such a Commission can be advanced, including its structure and functions. I will, in that context, give consideration to issues raised concerning the electoral register.

Questions Nos. 414 and 415 answered with Question No. 396.

Local Authority Funding 416. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government the funds allocated to Wicklow County Council in each of the years from 2002 to 2011; if he will provide a breakdown of the intended purpose of such funding; and if he will make a statement on the matter. [9547/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Information on funding provided to Wicklow County Council in respect of the main programmes for which my Department is responsible is set out in the following table.

20041 2005 2006 2007 2008 2009 2010 2011 — to date

€€€€€€€€ Housing 30,460,168 35,593,746 36,561,428 31,809,817 41,487,857 29,907,855 22,212,254 730,282 Water Services 4,322,610 8,772,810 8,118,792 12,557,888 19,821,989 22,862,548 10,312,784 1,066,250

282 Questions— 3 May 2011. Written Answers

20041 2005 2006 2007 2008 2009 2010 2011 — to date

Local Government Fund 15,717,000 17,437,000 18,991,000 20,311,000 22,075,000 20,122,000 19,848,087 17,777,938 Fire Services 606,493 981,443 289,566 290,029 131,875 1,005,290 308,710 146,681 Libraries 200,478 1,076,246 483,556 322,493 95,678 410,124 1,127,739 0

1Information in respect of 2002/3 is not readily available — a new financial accounting system was introduced in the Department in 2004.

Programme for Government 417. Deputy John McGuinness asked the Minister for the Environment, Community and Local Government the specific proposals in the Programme for Government for which he is responsible; the target dates which he has agreed in relation to the delivery of these proposals; and if he will publish an implementation schedule. [9584/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Government for National Recovery Programme 2011-2016 outlines the Government priorities over the next five years. It includes a strong focus on the environmental, community and local government areas and sets an ambitious work programme for me and my Department. It is my intention to implement fully the specific proposals within my Department’s responsibility during the next five years. In this context, my core objectives are to maximise support for job creation given the overriding importance of job creation across all Government programmes; to progress early policy and legislative commitments in the Programme for Government; to review capital and current expenditure and deliver on relevant commitments in the Memorandum of Understanding agreed by the Government with the EU/IMF; to achieve structural and organisational change to support my Department’s new configuration and expeditiously to address EU environmental compliance matters. Arising from the EU/IMF Programme of Financial Support for Ireland, my Department is progressing relevant commitments in the Memorandum of Understanding agreed by the Government with the EU/IMF. The Structural Reform elements relevant to my Department are:

To encourage growth in the retail sector — Study on the economic impact of eliminating the size cap on retail premises and discuss implementation of policy implications with the Commission services. (To be completed by end Q3 2011), and

In advance of the introduction of water charges — Undertake independent assessment of transfer of responsibility for water services provision from local authorities to a water utility, and prepare proposals for implementation, as appropriate, with a view to start charging in 2012/2013. (To be completed by end Q4 2011). The Structural Fiscal Reform elements relevant to my Department are:

To reinforce a credible budgetary strategy — Voluntary 15 day rule on prompt payments extended to the Health Service Executive, local authorities and state agencies. (To be completed by end Q2 2011), and

To facilitate better government at a local level — Effective measures in place to cap the contribution of the local government sector to general government borrowing at an acceptable level. The mechanisms in place to underpin this position will also consider how to 283 Questions— 3 May 2011. Written Answers

[Deputy Phil Hogan.] provide data on the financial position including assets and liabilities of the sector on a timelier basis. (To be completed by end Q3-2011).

The Government’s legislation programme for the summer session 2011, published on 5 April, contains in respect of my Ministerial Portfolio a range of Bills published and in preparation which will be advanced as rapidly as possible this year. I am committed to the active delivery of all Programme for Government priorities and am working closely with colleagues across Government to that end.

Local Authority Housing 418. Deputy Jim Daly asked the Minister for the Environment, Community and Local Government his plans to introduce a scheme to assist in the completion of partially constructed one off dwellings to be used as principal private residences; and if he will make a statement on the matter. [9598/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): I have no plans to introduce such a scheme.

Water and Sewerage Schemes 419. Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government the position regarding the provision of a sewerage scheme for Clifden County Galway; his views on the failure of Clifden beach to comply with the minimum EU water quality standards; and if he will make a statement on the matter. [9628/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library, provides for the development of a comprehensive range of new water services infrastructure in County Galway. The Clifden Sewerage Scheme is included in the Programme amongst the list of contracts in the county to start in the period 2010-2012. My Department is finalising its examination of Galway County Council’s Contract Documents for the scheme and a decision will be conveyed to the Council as soon as possible. Once approved, the Council can then proceed to invite tenders for the construction of the scheme. The scheme itself will provide Clifden with a new wastewater treatment plant and an improved wastewater collection network. It will reduce pollution and improve local bathing water quality. The scheme will also greatly expand the quality and scale of the wastewater infrastructure in the county and will provide capacity to support economic growth and to facilitate new development, while also preserving environmental and water quality standards.

420. Deputy James Bannon asked the Minister for the Environment, Community and Local Government if he will provide advanced funding for a new sewerage treatment plant at a location (details supplied) in County Longford; and if he will make a statement on the matter. [9671/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I understand that the scheme referred to is being advanced, or being considered for advancement, by Longford County Council under the Small Public Water and Sewerage schemes element of its Rural Water Programme. In February 2011 a block grant allocation of €323,000 was announced by my Department for Small Public Water and Sewerage Schemes in Longford. Responsibility for the administration of the Rural Water Programme has been devolved to

284 Questions— 3 May 2011. Written Answers local authorities since 1997. The selection and approval of individual schemes for advancement and funding under the programme, within the overall priorities set by my Department and subject to the block grant allocations provided, is, therefore, a matter for the local authorities. Accordingly, information in relation to funding of this scheme may be sought from Longford County Council.

Question No. 421 answered with Question No. 379.

Social and Affordable Housing 422. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Community and Local Government the number of affordable home purchases in 2009, 2010 and to date in 2011. [9730/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): Information on the number of affordable units purchased to the end of 2008 can be found in my Department’s annual Housing Statistics Bulletins which are available on www.environ.ie Full details for the year ending 31 December 2009 will be published on the website in the coming weeks. The information regarding 2010 and 2011 is still being collected by my Department.

Departmental Funding 423. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he will intervene with Dublin City Council to facilitate an organisation (details supplied) which provides valuable community services and faces eviction from its premises. [9771/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): It is understood from inquiries that the issue raised in the Question is currently before the Courts and that Dublin City Council is not party to the proceedings. I have no function in this matter.

Question No. 424 answered with Question No. 396.

Departmental Schemes 425. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government the number of persons who have availed of the home choice loan; the cost to administer this scheme and the future of this scheme. [9777/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): To date, 129 applications have been made under the Home Choice Loan scheme. Of these, 22 have been approved, with 10 loans now drawn down, 7 have been withdrawn and the remaining applications have been declined. The total cost to date of administering the scheme is approximately €306,000. These costs were met fully from within existing resources of the Affordable Homes Partnership and, since its establishment on an administrative basis, the Housing and Sustainable Communities Agency. It should be noted that a significant element of the total cost was incurred in the development of the loan processing model which applies to the Home Choice Loan but which has also now been used in the development of revised systems for processing and credit checking of normal local authority house purchase loan applications under other schemes such as affordable housing, shared ownership etc. This new model has been highly effective in improving the loan

285 Questions— 3 May 2011. Written Answers

[Deputy Willie Penrose.] processing procedures, providing for more rigorous credit checking and allowing for more prudential mortgage lending generally by local authorities. The scheme is intended to be a temporary one which will be withdrawn once conditions in credit markets return to normal patterns. Recent data published by the Central Bank would indicate that that point has not yet been reached.

Questions Nos. 426 to 428, inclusive, answered with Question No. 401.

Departmental Bodies 429. Deputy Eoghan Murphy asked the Minister for Justice and Equality if he will consider, in the interests of independence, transparency and accountability, making the Irish Human Rights Commission directly accountable to the Houses of the Oireachtas instead of his Depart- ment. [9016/11]

Minister for Justice and Equality (Deputy Alan Shatter): Under current legislation the Chief Executive of the Commission is accountable to the Public Accounts Committee. The Com- mission can also be required to make a presentation to an Oireachtas Committee on any matter that has been considered by the Commission. I am satisfied that the independence of the Commission and its ability under current arrangements to discharge its responsibilities in a transparent way are not in doubt.

Human Rights Issues 430. Deputy Gerald Nash asked the Minister for Justice and Equality his plans to recognise Travellers as a distinct ethnic group; and if he will make a statement on the matter. [9107/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Traveller Policy Division of my Department has had discussions with the five National Traveller Groups about the ethnicity issue. The question has also been the subject of extensive discussion at meetings of the National Traveller Monitoring and Advisory Committee. Discussions with the five National Traveller Organisations around the issue of ethnicity have shown that there is a wide divergence of opinion among Irish Travellers in relation to the question of ethnicity. There is a need for discussions to take place in the Traveller community around this issue and full consideration given to the implications and consequences of any such recognition. Whether or not Travellers are considered to form a distinct ethnic group in Irish society is of no domestic legal significance, since the key anti-discrimination measures, the Incitement to Hatred Act, 1989, the Unfair Dismissals Acts 1977, the Employment Equality Acts and the Equal Status Acts specifically identify Travellers by name as a social group which is given special protection in law. The Equality Act 2004, which transposed the EU Racial Equality Directive, applied all the protections of that Directive across all the grounds, including the Traveller community ground.

Proposed Legislation 431. Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality when will promised legislation, contained in the programme for Government, in respect of people of non- faith or minority backgrounds and publically identified lesbian gay bisexual transgender people who should not be deterred from training or taking up employment as teachers in the State, be brought forward to amend section 37(1) of the Employment Equality Act which allows educational, medical and religious institutions to give more favourable treatment on the religion

286 Questions— 3 May 2011. Written Answers ground to an employee or a prospective employee over that person where it is reasonable to do so in order to maintain the religious ethos of the institution; and if he will make a statement on the matter. [9420/11]

Minister for Justice and Equality (Deputy Alan Shatter): Employment equality legislation aims to strike a necessary and appropriate balance between the right to the free profession and practice of religion, recognised by the Constitution and the principle of equality and has done so by providing a qualified exception, of limited scope, in Section 37(1) of the Employment Equality Act. Only where it is reasonable to do so and in order to maintain the religious ethos of a religious, educational or medical institution, may more favourable treatment be given under the law on the religion ground to employees or prospective employees. Similarly such institutions may take action, only where it is reasonable to do so, to prevent undermining of the institution’s religious ethos by an employee or prospective employee. Application of this provision is, moreover, subject to review by a court or tribunal, such review being on an objective basis and having regard to the need to reconcile the various constitutional rights involved. In the case of admissions to Colleges of Education, the position as regards the Church of Ireland College of Education, whose remit is to provide teachers for the Protestant primary school sector, is that it may reserve places on the Bachelor of Education for students from Protestant backgrounds. The other Colleges of Education accept students of all faiths, non faith or minority backgrounds and publicly identified lesbian, gay, bisexual and transgender people on their teacher education programmes. Places on the Bachelor of Education programmes are allocated, in the main, through the CAO system and are merit based for the post graduate courses. In the context of the programme commitment, when speaking recently to the annual congress of the Teachers Union of Ireland my colleague the Minister for Education and Skills referred to the position of lesbian, gay, bisexual and transgender people in relation to the school system in particular. Officials from my Department and the Department of Education and Skills will work together to determine what actions might be appropriate to move this issue forward. Pending conclusion of these discussions and any discussions the Minister for Education and Skills may wish to have with the education partners, I cannot anticipate what action the Government might approve in this area or whether this will involve amending legislation or other, non-legislative initiatives.

Crime Prevention 432. Deputy Brendan Griffin asked the Minister for Justice and Equality his plans to tackle juvenile crime including knife carrying and anti social behaviour; and if he will make a statement on the matter. [9544/11]

Minister for Justice and Equality (Deputy Alan Shatter): In tackling youth crime, the Government subscribes to the principles of the Children Act 2001, as amended, which set out an incremental process of diversion from the formal criminal justice system, community sanctions as alternatives to custody and detention as a measure of last resort. In the case of anti- social behaviour the diversion process includes the use of warnings, good behaviour contracts and anti-social behaviour orders, where appropriate. The Diversion Programme operates in accordance with Part 4 of the Children Act 2001, as amended, and under the general superintendence and control of the Garda Commissioner. The aim of the Programme is to deal with children who offend, by way of administering a formal or informal caution, thus diverting the offender away from the courts and minimising the likelihood of further offending. The Programme has proven to be successful in diverting young

287 Questions— 3 May 2011. Written Answers

[Deputy Alan Shatter.] offenders away from crime and anti-social behaviour by offering guidance and support to the young people and their families. I am currently awaiting the submission by the Garda Commissioner of the 2010 Annual Report of the Committee appointed to monitor the effectiveness of the Diversion Programme. The report will be laid before the Houses of the Oireachtas as soon as possible after it is received. The Programme for Government includes a number of significant commitments which will impact on youth crime. We will ensure that highly trained Gardaí are freed from administrative duties to concentrate on crime prevention and detection. To this end I will continue to support the changes currently being implemented to free Gardaí from the burden of administrative and financial management of Garda Youth Diversion Projects, thus allowing them to work more closely with the projects on crime reduction/prevention role. We will build on the existing community policing partnerships and forums to enhance trust between local communities and their Gardaí. We will attach a higher priority to community policing in order to deliver higher Garda visibility, within available resources, in the neighbourhoods worst affected. We will give a special emphasis to alternative programmes for young offenders through extensions to the Juvenile Liaison Officer Scheme and the Diversion Programme, and we will examine outcomes- based contracts with community organisations to help reduce re-offending by young people. I will be considering the implementation of these measures in consultation with the Garda Commissioner and with my colleague the Minister for Children and Youth Affairs in the context of the transfer of functions to her Department.

Citizenship Applications 433. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding naturalisation in respect of a person (details supplied) in Dublin 17; and if he will make a statement on the matter. [9034/11]

Minister for Justice and Equality (Deputy Alan Shatter): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizen- ship Division of my Department in April 2008. My predecessor decided to grant citizenship and the applicant was informed of this in a letter issued to her on 28 April 2011. I shouldremind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Garda Complaints Procedures 434. Deputy Peter Fitzpatrick asked the Minister for Justice and Equality if he will arrange for the payment of compensation to a person (details supplied) arising from damage to property by members of the Garda Síochána in the course of their duties in February 2010; and if he will make a statement on the matter. [9053/11]

Minister for Justice and Equality (Deputy Alan Shatter): I have been advised by the State Claims Agency that the person to whom this question relates, has initiated legal proceedings in the matter and therefore it would be inappropriate for me to comment at this time.

288 Questions— 3 May 2011. Written Answers

Citizenship Applications 435. Deputy Dominic Hannigan asked the Minister for Justice and Equality the steps a person (details supplied) has to take to become an Irish citizen; and if he will make a statement on the matter. [9081/11]

Minister for Justice and Equality (Deputy Alan Shatter): Officials in the Citizenship section of my Department inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy’s question. The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. In the case of a non-national 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 at least 3 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 amounting to two years;

— 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.

In the context of naturalisation, certain periods of residence in the State are excluded. These include—

— periods of residence in respect of which an applicant does not have permission to remain in the State;

— periods granted for the purposes of study;

— periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizen- ship Act 1956 as amended. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

289 Questions— 3 May 2011. Written Answers

436. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding an application for naturalisation (details supplied) in Dublin 5. [9099/11]

Minister for Justice and Equality (Deputy Alan Shatter): Valid applications for a certificate of naturalisation from the persons referred to in the Deputy’s Question were received in the Citizenship Division of my Department in January 2009. The applications are currently being processed with a view to establishing whether the applicants meet the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. In that context, as I outlined in response to Parliamentary Question No. 69 of 7 April last, I can inform the Deputy that I have initiated steps within my Department to provide for speedier processing of applications to bring about a substantial reduction in the processing timescale. The new arrangements will be publicly announced once my Department is in a position to implement them. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits 437. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the procedure that should be followed by persons wishing to make fresh applications for residency in the wake of the Zambrano judgment, including the section of Irish Naturalisation and Immi- gration Service they should apply to and the documents they should include; and if he will make a statement on the matter. [9124/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Deputy should note that any person wishing to have their position in the State examined in accordance with the principles of the Zambrano Judgement must submit the following documentation to the INIS Repatriation Division, Department of Justice and Equality, 13-14 Burgh Quay, Dublin 2.

(a) A colour copy of the bio-data page of the Irish citizen child’s passport.

(b) The Irish citizen child’s original birth certificate — a copy is not acceptable.

(d) Two colour passport-sized photographs, signed on the back by the applicant.

(e) Documentary evidence that the Irish citizen child is living in the State.

(f) Proof of the applicant’s address and residence in Ireland (e.g. current utility bills etc).

(g) Documentary evidence of the role the applicant is playing in his/her child’s life (e.g. letters from schools, crèches, etc).

(h) Any other information that the applicant considers relevant to his/her case.

290 Questions— 3 May 2011. Written Answers

In addition, an applicant must provide answers to the following questions:

(a) Has he/she ever been convicted of a criminal offence in the State or abroad? If so, he/she must provide specific details.

(b) Are there any charges pending against him/her in the State or aboard? If so, he/she must provide details.

The terms of the Zambrano judgement will not be applied to third country parent(s) of an Irish citizen child or children who have been convicted of serious and/or persistent criminal offences. Upon receipt of the documentation and information referred to above, the matter will be considered further, at which point it will decided whether the persons concerned qualifies for residency in accordance with the Zambrano Judgment. In some cases, DNA evidence of a biological link to the Irish citizen child or children may also be required. Once a decision has been made, that decision and the consequences of the decision will be notified in writing to the persons concerned.

Ministerial Staff 438. Deputy Brendan Smith asked the Minister for Justice and Equality the details of all permanent Civil Service or non-established positions in his Department with regard to assisting Ministers with constituency work; the monthly salaries for these positions; and if any further appointments are envisaged. [9142/11]

Minister for Justice and Equality (Deputy Alan Shatter): There are one personal secretary and two clerical officers in my constituency office, and their combined monthly salaries are €7,520. I remind the Deputy that this Government has reduced the number of staff in Minister’s constituency offices from six to four and that the staffing of my office complies with these guidelines. Any further assignments will have regard to these guidelines.

Ministerial Appointments 439. Deputy Brendan Smith asked the Minister for Justice and Equality if he will list the details of all State appointments open to direct choice by him on 10 March 2011. [9156/11]

Minister for Justice and Equality (Deputy Alan Shatter): I wish to inform the Deputy that not all State appointments concerning agencies, boards, committees, etc. under the aegis of my Department are open to the direct choice of the Minister. Many appointments are, for example, prescribed by legislation or set out in terms of reference and, consequently, such appointments may be restricted to the nominees of certain bodies or members of various professions, occupations or organisations. Bearing this in mind, the information requested by the Deputy is set out below.

Assistant Classifiers (Irish Film Classification Office)

Censorship of Publications Appeal Board

Censorship of Publications Board

Classification of Films Appeal Board

Commission for the Support of Victims of Crime

Committee Monitoring the effectiveness of the Diversion Programme

291 Questions— 3 May 2011. Written Answers

[Deputy Alan Shatter.]

Committee on Court Practice and Procedure

Courts Service Board

Criminal Law Codification Advisory Committee

Garda Arbitration Board

Garda Síochána Recipient, Office of

Independent Commission for the Location of Victims Remains

Independent Monitoring Committee for Refugee Legal Services

Inspector of Prisons

Internet Safety Advisory Council

Judicial Appointments Advisory Board

Legal Aid Board

Mental Health (Criminal Law) Review Board

Parole Board

Peace Commissioners

Prison Authority Interim Board

Prison Visiting Committees

Private Security Authority

Property Registration Authority

Property Services Regulatory Authority Implementation Group

Refugee Appeals Tribunal — Members

The Board of Children’s Detention Schools.

Garda Vetting Service 440. Deputy Simon Harris asked the Minister for Justice and Equality his plans to amend the Garda vetting system to allow Garda clearance to be transferred, once granted, from one organisation to another or one job to another within a reasonable timeframe; and if he will make a statement on the matter. [9178/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Garda Central Vetting Unit (GCVU) provides employment vetting for a large number of organisations in Ireland registered with the Garda for this purpose and which employ persons in a full-time, part-time, voluntary or training capacity to positions where they would have substantial, unsupervised access to children and/or vulnerable adults. Garda vetting certificates are issued to specified registered organisations in respect of a particular post or employment in response to a written request and with the permission of the

292 Questions— 3 May 2011. Written Answers person who is the subject of that request. Decisions on the suitability for the recruitment/engagement of the person concerned rest at all times with the recruiting organisation. The Garda Vetting certificate is non-transferable. It is important to emphasise that it is a disclosure to the requesting, registered organisation of the position at the time when it is issued. Furthermore, non-transferability protects against the risk of fraud or forgery of such certificates and is a guarantee of the integrity of the vetting system.

Internet Crime 441. Deputy Derek Nolan asked the Minister for Justice and Equality the powers available to the Garda to police the Internet and if these include the power to censor; the number of officers tasked with policing the Internet; the parameters based on which policing takes place; the cost of such policing; and if he will make a statement on the matter. [9210/11]

Minister for Justice and Equality (Deputy Alan Shatter): In the investigation of criminal offences, including offences facilitated by use of the internet, the Garda Síochána make appropriate use of the powers of investigation relevant to each offence. I draw the attention of the Deputy to the fact that a number of enactments include provisions capable of combating the criminal use of technology, including the internet. The Prohibition of Incitement to Hatred Act 1989, the Criminal Justice (Public Order) Act 1994 and the Child Trafficking and Pornography Act 1998 address, respectively, racist crime, the advertising of brothels and prostitution, and child pornography. Members of the Garda Síochána also receive training in the use of the most up-to-date technology relevant to investigating the use of the internet in the commission of these and other offences.

Garda Stations 442. Deputy Simon Harris asked the Minister for Justice and Equality if he finds it acceptable that a Garda station (details supplied) in County Wicklow is not accessible for wheelchair users; if he will rectify this matter; and if he will make a statement on the matter. [9217/11]

Minister for Justice and Equality (Deputy Alan Shatter): The programme of refurbishment of Garda accommodation around the country is based on agreed priorities established by An Garda Síochána. This work is progressed by the Office of Public Works, who have responsibility for the provision and maintenance of Garda accommodation. I am advised by the Garda authorities that the station referred to by the Deputy is recognised as a property that will require alterations to ensure that accessibility requirements are met. Prior to developing proposals for such remedial work a Universal Access Audit will be conducted by the Office of Public Works.

Garda Strength 443. Deputy Simon Harris asked the Minister for Justice and Equality the number of gardaí in the Wicklow division; the way these figures compare to those for 2007, 2008, 2009 and 2010; if he will provide a breakdown of garda numbers by Garda station in this division; and if he will make a statement on the matter. [9218/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda Auth- orities that the personnel strength of each Garda station in the Wicklow Garda Division on 31 December 2007, 2008, 2009, 2010 and on the latest date for which figures are readily available is as set out in the table hereunder:

293 Questions— 3 May 2011. Written Answers

[Deputy Alan Shatter.]

Station 2007 2008 2009 2010 2011*

Baltinglass 30 36 36 39 39 Blessington 16 18 19 17 17 Carnew 12344 Donard 11111 Dunlavin 11222 Hollywood 10111 Shillelagh 11111 Tinahely 22222 Bray 103 124 135 133 132 Enniskerry 77766 Greystones 42 42 39 36 36 Newtownmountkennedy 11333 Arklow 31 34 38 36 35 Ashford 7 11 12 12 12 Aughrim 22222 Avoca 33333 Rathdrum 33555 Roundwood 55444 Wicklow 49 50 47 48 47

Total 306 343 360 355 352 *The latest date for which figures are readily available is 31st March 2011.

The Deputy will appreciate that, as with any large organisation, on any given day, personnel strengths of individual stations may fluctuate due, for example, to promotions, retirements and transfers.

Courts Service 444. Deputy Brendan Griffin asked the Minister for Justice and Equality if the District Court Office in Killarney, County Kerry, will remain open; and if he will make a statement on the matter. [9247/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am asking the Chief Executive of the Courts Service for a report in the matter and I will revert to the Deputy at the earliest opportunity.

Army Ordnance Disposal Unit 445. Deputy Paschal Donohoe asked the Minister for Justice and Equality the number of occasions the Defence Forces explosive ordnance disposal team has been called out in the first quarter of 2011 compared with the same period in 2010 for each Garda region; the number of hoax calls received and the number of controlled explosions carried out in both these periods; and if he will make a statement on the matter. [9251/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that in the first quarter of 2011 there have been 55 incidents nationwide at which a Defence Forces Explosive Ordnance Device team has attended, 11 of which were declared to be hoax incidents. In the same period in 2010, there were 45 such incidents, of which 13 were 294 Questions— 3 May 2011. Written Answers declared to be hoax incidents. I am further informed by the Garda authorities that data is not maintained in respect of controlled explosions conducted by the Explosive Ordnance Dis- posal Team. The use of explosive devices is a matter of ongoing concern both to me and to the Garda Authorities. Garda strategies in counteracting their use are very firmly focused on disrupting the criminal groups involved and, where sufficient evidence is available, proffering charges and bringing such persons before the Courts. There are significant penalties available to the courts following conviction for explosives- related offences, including a penalty of life imprisonment for causing an explosion likely to endanger life, up to 20 years’ imprisonment upon conviction for an attempt to cause an explosion likely to endanger life and up to 14 years’ imprisonment following conviction for possession of explosives.

Citizenship Applications 446. Deputy Martin Heydon asked the Minister for Justice and Equality when a decision will issue on an application for naturalisation in respect of a person (details supplied) in County Kildare. [9290/11]

Minister for Justice and Equality (Deputy Alan Shatter): A valid application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in May 2009. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. In that context, as I outlined in response to Parliamentary Question No. 69 of 7 April last, I can inform the Deputy that I have initiated steps within my Department to provide for speedier processing of applications to bring about a substantial reduction in the processing timescale. The new arrangements will be publicly announced once my Department is in a position to implement them. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

447. Deputy Jack Wall asked the Minister for Justice and Equality the position regarding an application for citizenship in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [9314/11]

295 Questions— 3 May 2011. Written Answers

[Deputy Alan Shatter.]

In that context, as I outlined in response to Parliamentary Question No. 69 of 7 April last, I can inform the Deputy that I have initiated steps within my Department to provide for speedier processing of applications to bring about a substantial reduction in the processing timescale. The new arrangements will be publicly announced once my Department is in a position to implement them. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

448. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality when a decision will issue on an application for naturalisation in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [9319/11]

Minister for Justice and Equality (Deputy Alan Shatter): A valid application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in November 2010. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. In that context, as I outlined in response to Parliamentary Question No. 69 of 7 April last, I can inform the Deputy that I have initiated steps within my Department to provide for speedier processing of applications to bring about a substantial reduction in the processing timescale. The new arrangements will be publicly announced once my Department is in a position to implement them. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Legal Profession 449. Deputy Dara Murphy asked the Minister for Justice and Equality if the Legal Services Bill is intended to give effect to all the structural reforms of the two legal professions required by the EU and International Monetary Fund memorandum of understanding; if an independent regulator, if established as required, will replace or supervise the statutory regulatory functions of the Law Society and the non-statutory rules of the Bar Council; if it is intended that this

296 Questions— 3 May 2011. Written Answers

Bill will be enacted and commenced before the memorandum of understanding deadline of the end of the third quarter of 2011; and if he will make a statement on the matter. [9336/11]

Minister for Justice and Equality (Deputy Alan Shatter): I refer the Deputy to my reply to Question No. 7 of 7 April 2011, which indicated the following:

The programme for Government 2011-2016 undertakes to “establish independent regulation of the legal profession to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints”. These undertakings complement those structural reforms in the EU-IMF programme of financial support for Ireland aimed at removing restrictions to trade and competition relating to the legal professions and legal costs, namely, to establish an independent regulator for the legal professions and implement the recommendations of the legal costs working group; and to implement the outstanding Competition Authority recommendations in order to reduce legal costs. I intend to give effect to the various commitments I mentioned by way of the Legal Services Bill which is referred to in the Government legislation programme, announced by the Chief Whip on 5 April. The commitment of the Government is to a strategy that is comprehensive, provides more independent regulation of the legal professions, better regulates legal costs and ensures that the complaints procedures are as effective as possible. The strategy, when implemented, will improve the overall system of delivery of legal services in the State. In the context of the Bill, I am giving consideration to the question of extending the functions of the legal services ombudsman whose functions at present include the review of the handling by the Law Society and the Bar Council of complaints about solicitors and barristers, respectively, as detailed in that legislation. Of course, although the Bill was enacted in 2009, a legal services ombudsman has not yet been appointed. The outgoing Government had not made that appointment. Subject to necessary consultations, the consideration of the proposals by the Attorney General and Government approval being obtained, I expect to be in a position to announce details of the Bill’s proposals in the not too distant future. It is my objective that the Bill will be before the House for discussion, if not shortly prior to the summer vacation, certainly very early following the Dáil’s subsequent reconvening.

I have nothing further to add to that reply other than to indicate that the time frame for publication of the proposals is Quarter 3 of 2011.

Magdalene Laundries 450. Deputy Michael McGrath asked the Minister for Justice and Equality if he will clarify his response of 23 March 2011 with respect to the Government’s response to the Irish Human Rights Commission’s assessment of human rights violations of women and young girls in the Magdalene laundries; if he will provide an update with regard to the draft submission to the Government to which he referred to in the aforementioned response; and his views on the new restorative justice and reparations scheme submitted for his consideration by the Justice for Magdalenes group on 28 March 2011. [9345/11]

480. Deputy Clare Daly asked the Minister for Justice and Equality the mechanism he proposes to establish to investigate matters raised by Justice for Magdalenes group and deal with the issuing of an apology and appropriate redress. [9774/11]

297 Questions— 3 May 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): I propose to take Questions Nos. 450 and 480 together. I can confirm that my Department has received proposals for a reparations scheme from the Justice for Magdalenes Group which are currently being considered. Otherwise, the position remains unchanged since my reply to Questions Nos. 77 to 79, inclusive, of 24 March 2011. I believe that a comprehensive examination of the facts is now required and, with that in mind, I intend to bring proposals to Government shortly.

Law Reform Programme 451. Deputy Brian Walsh asked the Minister for Justice and Equality if he has considered the recommendations of the Law Reform Commission Third Programme of Law Reform on legal aspects of family relationships; if and when he expects to implement these recommendations; and if he will make a statement on the matter. [9352/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Programme for Government contains a commitment to reform and modernise certain aspects of family law. In this context, the detailed recommendations in the Law Reform Commission’s Report on the Legal Aspects of Family Relationships are under consideration in my Department.

Stray Horses 452. Deputy David Stanton asked the Minister for Justice and Equality the way in which the Garda Síochána deal with stray horses; if he will provide a breakdown by Garda division of the number of calls the Garda Síochána received and responded to with regard to stray horses in the past year; the costs incurred by An Garda Síochána in placing stray horses in animal pounds; and if he will make a statement on the matter. [9383/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that An Garda Síochána makes appropriate use of the powers conferred on it by the Control of Horses Act 1996 to seize and detain stray horses. The following table shows the number of incidents recorded, by Garda Division, relating to the control of horses in 2010 and in 2011 up to 26 April. In 2010, An Garda Síochána expended €24,600 on the transport of animals of all categories to an animal pound and on veterinary expenses. Information on costs incurred in placing stray horses in an animal pound could only be provided by the expenditure of a disproportionate amount of time and resources. The figures provided are operational and liable to change.

Number of control of horses incidents, by Garda Division, for 2010 and up to 26 April 2011

Division 2010 2011

DMR North Central 9 2 DMR South Central 4 2 DMR North 5 5 DMR South 1 0 DMR East 2 1 DMR West 21 3 Cavan/Monaghan 16 3 Donegal 21 2 Louth 3 1 Sligo/Leitrim 23 18

298 Questions— 3 May 2011. Written Answers

Division 2010 2011

Cork City 39 15 Cork North 31 21 Cork West 6 5 Kerry 8 2 Limerick 165 58 Kildare 7 4 Meath 10 6 Laois/Offaly 19 13 Westmeath 9 4 Wicklow 1 6 Clare 15 8 Galway 78 30 Mayo 25 9 Roscommon/Longford 34 22 Kilkenny/Carlow 10 7 Tipperary 57 24 Waterford 15 3 Wexford 15 9

Garda Operations 453. Deputy Robert Troy asked the Minister for Justice and Equality the position regarding the sourcing of suitable accommodation for the specialist victim interview suite at Mullingar. [9411/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that, given the need for sensitivity and confidentiality in the investigation of certain crimes, there is a clear advantage from an investigative perspective for both An Garda Síochána and victims of such crimes in conducting interviews away from Garda stations. Dedicated victim interview suites have therefore been established in six strategically chosen locations throughout the State, which are used by An Garda Síochána to record interviews with victims. Work is nearing completion on the establishment of a further facility. The suites are not attached to Garda stations, and it would not be appropriate for reasons of confidentiality to give details of their precise locations. Consideration is being given to locating an additional facility in Mullingar. A decision whether to establish the facility will be taken in the context of the network of facilities already established and the financial resources available.

Residency Permits 454. Deputy Brendan Griffin asked the Minister for Justice and Equality if the immigration status of a family (details supplied) in County Kerry will be changed from Stamp 2, study visa, to Stamp 3; and if he will make a statement on the matter. [9441/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am advised by the Immigration and Naturalisation Service (INIS) of my Department that the persons referred to by the Deputy have permission to be in the State until 22 September 2011 on student conditions. I understand they have availed of the special six-month “timed out” permission for non-EEA students, as outlined under the new immigration regime for full-time non-EEA students. This permission 299 Questions— 3 May 2011. Written Answers

[Deputy Alan Shatter.] allows timed out non-EEA students to work full-time for the duration of this six-month period and, as an exception to the normal rule, to apply for an employment permit or green card permit without first having to leave the State. This permission is non-renewable. My officials have also informed me that an application for a change of status from Stamp 2 to Stamp 4 was received from the persons referred to by the Deputy on 26 April 2011. All applications to INIS are dealt with in chronological order and my officials will be in touch with the persons in due course. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Asylum Support Services 455. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality his plans to introduce an independent complaints mechanism for direct provision centres; and if he will make a statement on the matter. [9448/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Reception and Integration Agency (RIA) is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. Since 2002, RIA has had in place House Rules and Procedures for asylum seekers living in direct provision asylum accommodation centres. These Rules set out the entitlements and obligations placed on centre management and residents and, in the event that these are not being met, a complaints procedures to be invoked by either party. These rules were drawn up by a working party which had an independent Chairman and comprised representatives of accommodation centre management, the Irish Refugee Council, An Garda Síochána, the Attorney General’s office, the Health Boards, Irish Commission for Justice and Peace and RIA. Given the passage of time, and taking into account the experience garnered by relevant bodies in the meantime, a new working group was set up in 2007 to review the existing procedures. Like its predecessor, this group also had an independent Chairman and had representation from NGOs (including the Irish Refugee Council and the Refugee Information Service), the Health Service Executive, RIA, Centre Management and An Garda Síochána. This Group met on thirteen occasions and a subgroup also met with residents and local NGOs in four accommodation centres. Subject to reservations by the NGO groups involved on the issue of an independent appeals mechanism, of which more below, the Working Group agreed the new rules which were then submitted to NALA (National Adult Literacy Association) for proofing in relation to simplicity of language. This was finalised in November 2009. The revised rules were laid out in a new question-and-answer format and more clearly explained the complaints mechanism for use by residents and staff alike. The thrust of the complaints procedure is that issues which arise are best resolved quickly, locally and informally without the need to proceed formally. In the main, this is how issues are resolved. However, the rules also provide for a written complaints procedure to be followed in the event that the matter cannot be resolved informally. It also allows for direct referral to RIA in certain circumstances. It is important to note that if a complaint is made in respect of a decision made by a particular RIA official, the appeal is not deal with by that official.

300 Questions— 3 May 2011. Written Answers

The revised House Rules and Procedures have been translated into 12 languages and are provided to all asylum seekers on arrival at their accommodation centres. The rules, including all translated versions, are published on-line on the RIA website www.ria.gov.ie. RIA has also held information sessions for residents on the new House Rules in 20 centres in 2010, at which active participation in the complaints process, where required, was encouraged. It needs to be understood that the complaints procedure does not cover the asylum process itself, in respect of which an independent appeals process already exists. Nor does it cover the issue of transfers within the Direct Provision system. Over and above the House Rules themselves, the interests of asylum seekers are protected through regular clinics in centres, at which residents can speak directly to RIA headquarters staff without local centre management being present. Further, unannounced inspections take place in centres, by RIA staff and by a contracted independent company, to ensure that centres are adhering to their contractual obligations. Also, issues of concern are brought to the attention of RIA by representatives of statutory or voluntary agencies working with asylum seekers. The Deputy will be aware that, in response to concerns expressed by members of the Joint Oireachtas Committee on Health and Children in October 2010 to departmental officials appearing before it, amendments were made to the House Rules to further encourage use of the complaints mechanism by residents and staff. Also, RIA will publish shortly on its website aggregated monthly statistics on formal written complaints made under these Rules. The issue of an independent complaints mechanism was a significant feature of the working group discussions which led to the original House Rules and the subsequent revised version. It was RIA’s view that no clear model was cited during these discussions as to what an independent complaints mechanism would look like or how it could be implemented without undue cost and bureaucracy. The system of direct provision exists within its own circumstances and the RIA is satisfied that the structure of the complaints procedure contained within the revised House Rules is fair and is broadly in line with the guidelines set out by the Office of the Ombudsman for internal complaints systems.

Garda Transport 456. Deputy Seán Kenny asked the Minister for Justice and Equality his plans to upgrade the Garda van fleet. [9462/11]

Minister for Justice and Equality (Deputy Alan Shatter): The detailed allocation of Garda resources, including transport, is a matter for the Garda Commissioner to decide in accordance with his identified operational requirements and priorities. I am advised by the Garda authorities that all Garda fleet requirements are kept under review in the context of An Garda Síochána’s operational requirements. This is an ongoing process.

Garda Strength 457. Deputy Seán Kenny asked the Minister for Justice and Equality the number of gardaí by rank in the Garda water unit; and the number of boats in this unit. [9464/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that there are currently three Sergeants and thirteen gardaí allocated to the Garda Water Unit. The unit has two patrol boats, four rigid inflatable boats (RIBs) and six inflatable boats at its disposal.

458. Deputy Seán Kenny asked the Minister for Justice and Equality the number of gardaí by rank in the computer crime unit, the stolen vehicles investigation unit and the domestic violence and sexual assault unit; and the number of vacancies in each unit by rank. [9465/11]

301 Questions— 3 May 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): Responsibility for the allocation of resources, including personnel, within the Force rests with the Garda Commissioner in consultation with his senior management team. I am informed by the Garda authorities that the Computer Crime Investigation Unit forms part of the Garda Bureau of Fraud Investigation and the Domestic Violence and Sexual Assault Investigation Unit and the Stolen Motor Vehicle Unit form part of the National Bureau of Criminal Investigations. As of the latest date for which figures are readily available, the personnel strength of these Units was as set out in the table below.

D/Supt D/Insp D/Sgt D/Gda

Computer Crime Investigation Unit 1 1 2 10 Domestic Violence and Sexual Assault Investigative Unit 1 2 5 14 Stolen Motor Vehicle Investigation Unit —— 17

The Deputy will appreciate that, as with any large organisation, the numbers in any unit will fluctuate from time to time due to, for example, transfers, retirements, resignations, etc.

Impounded Vehicles 459. Deputy Seán Kenny asked the Minister for Justice and Equality the number of vehicles seized by gardaí in 2008, 2009, 2010 and to date in 2011 with neither tax disc, insurance disk nor National Car Test certificate; the number of these vehicles that have been either sold off or crushed; and the penalties that apply to persons who wish to have their vehicles released. [9466/11]

Minister for Justice and Equality (Deputy Alan Shatter): In the time available it has not been possible for the Garda authorities to supply the information requested by the Deputy. I will be in contact with the Deputy as soon as the information is to hand.

Garda Transport 460. Deputy Jonathan O’Brien asked the Minister for Justice and Equality the number of incidents to which the Garda was unable to respond during the cold weather due to patrol cars not being fitted with snow tyres; the nature of these incidents; and if he will make a statement on the matter. [9483/11]

Minister for Justice and Equality (Deputy Alan Shatter): I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy again as soon as the report is to hand.

461. Deputy Jonathan O’Brien asked the Minister for Justice and Equality the number of Garda cars equipped to deal with driving in snow and his plans to equip Garda cars for cold weather in the winter months. [9484/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am advised by the Garda authorities that, whilst all Garda cars are capable of being driven in the snow, An Garda Síochána also utilises snow socks. These items are designed for use in adverse conditions when normal contact with the road surface is lost as the result of snow and hard packed ice. I am further informed that the requirements of the Garda fleet are subject to regular review and assessment to ensure that the most suitable equipment is available. 302 Questions— 3 May 2011. Written Answers

462. Deputy Jonathan O’Brien asked the Minister for Justice and Equality the number of Garda cars withdrawn from use during each of the past three years; and the number of new Garda cars acquired during each of the past three years. [9485/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that 47 Garda vehicles were withdrawn from service in 2009, 124 in 2010 and 123 to date in 2011. During the same period, 165 new vehicles were purchased in 2010 and a further seven vehicles have been purchased to date this year.

Garda Complaints 463. Deputy Jonathan O’Brien asked the Minister for Justice and Equality the number of complaints that the Garda Síochána has investigated from members of the public regarding the use of Shannon Airport for rendition flights during each of the past five years; the total number of complaints to date; and the number of complaints forwarded to the Director of Public Prosecutions. [9486/11]

Minister for Justice and Equality (Deputy Alan Shatter): I have asked the Garda Com- missioner for the information sought in the Deputy’s question. I will revert to the Deputy as soon as the information becomes available.

Legal Aid Service 464. Deputy Jonathan O’Brien asked the Minister for Justice and Equality the solicitors remunerated under the criminal and civil legal aid schemes during each of the past five years, by county; and the amounts awarded in each case. [9487/11]

Minister for Justice and Equality (Deputy Alan Shatter): I can inform the Deputy that the following amounts were paid to solicitors under the Criminal and Civil Legal Aid (including Refugee Legal Services) schemes during the period 2006-2010. I will forward more detailed information to the Deputy when it becomes available. The Deputy should note, however, that I may not be in a position to provide all of the details requested, as to do so might involve the disproportionate use of staff and other resources.

Criminal Legal Aid Scheme 2006 — €24,802,438 2007 — €27,645,197 2008 — €33,354,777 2009 — €37,183,643 2010 — €33,931,588

Civil Legal Aid Scheme 2006 — €1,768,297 2007 — €2,136,533 2008 — €2,215,541 2009 — €3,652,778 2010 — €3,412,195

303 Questions— 3 May 2011. Written Answers

Residency Permits 465. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding family reunification in respect of a person (details supplied). [9545/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Irish Natural- isation and Immigration Service (INIS) that the person referred to by the Deputy made a Family Reunification application in respect of his wife and daughter and the application was forwarded to the Office of the Refugee Applications Commissioner as required under section 18 of the Refugee Act 1996. I am further informed by INIS that a letter recently issued from INIS to the legal representative of the person concerned and that on receipt of a response the application will be processed further. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive parliamentary questions process.

Programme for Government 466. Deputy John McGuinness asked the Minister for Justice and Equality the specific proposals in the Programme for Government for which he is responsible; the target dates which he has agreed in relation to the delivery of these proposals; and if he will publish an implementation schedule. [9588/11]

Minister for Justice and Equality (Deputy Alan Shatter): As the Deputies know, the Prog- ramme of Government, at pages 47 to 51 inclusive, sets out a substantial agenda for reform in the area of Justice and Equality. The initiatives being pursued include those described in the following paragraphs. The scheme of a Legal Services Bill is currently in hand in my Department. A key objective of the EU/IMF Programme of Financial Support for Ireland is to return the Irish economy to growth. That programme requires, among other things, that we enact legislation to eliminate barriers to trade and competition relating to the legal profession and to reform the area of legal costs. The structural reforms encompass, first, setting up an independent regulator for the legal profession and implementing the recommendations of the Legal Costs Working Group, and, second, implementing the outstanding recommendations of the Competition Authority to reduce legal costs. Under the Programme of the Government for National Recovery 2011-2016 the Government has undertaken “to establish independent regulation of the legal profession to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints.” The proposed Legal Services Bill is designed to achieve the necessary structural reforms. It will be ready for publication in the third quarter of 2011 in compliance with the EU/IMF Programme. The Criminal Justice (Community Services) (Amendment) Bill 2011, which is designed to extend the use of Community Service Orders, has already completed its Second Stage. It will begin Committee Stage when the appropriate Committee is formed. This Bill gives effect to the Government’s commitment to fashion a sentencing system that secures a safer society at a lower cost to the taxpayer. It reflects the principle of restraint in the use of custody, which is a basic principle of European prison law and policy. It also aims to remedy the under-use of Community Service Orders in our penal system. The Bill places a weightier obligation on trial

304 Questions— 3 May 2011. Written Answers judges to consider imposing a Community Service Order on convicted offenders in cases in which a sentence of imprisonment of up to 12 months is being considered. The Criminal Justice Bill 2011 is ready for publication. This Bill will become one of the key measures in our offensive against white-collar crime. The Bill provides for the suspension in certain circumstances of the detention of persons detained by An Garda Síochána under the Criminal Justice Act 1984. The member of An Garda Síochána in charge of the station where the suspect is being detained will have the power to suspend the detention when he or she has reasonable grounds for believing that doing so is necessary to allow enquiries or investigations to be carried out to advance the investigation of the offence involved. The Bill also grants power to An Garda Síochána to apply to a judge of the District Court for an order requiring witnesses to produce documents or provide information. And it creates offences relating to the concealment of facts disclosed by documents and withholding information. This Bill will better facilitate the investigation of white-collar crime. An emergency Courts Bill for the enforcement of maintenance orders is ready for publication. As the Deputies know, a maintenance order is, in its essence, a court-mandated order requiring one married person to pay money to another for support if they are no longer living together as husband and wife. Problems have arisen in the District Court with respect to the enforcement of certain foreign maintenance orders. The Bill aims to resolve those problems. The Immigration, Residence and Protection Bill 2010 is ready for Committee Stage. This Bill updates the law governing the entry into, presence in and removal from the State of certain foreign nationals. The intent is to shape a law and procedure that is stringent where appropriate and flexible where appropriate but which is fair, humane, efficient and enforceable. The Bill will keep faith with the Government’s commitment in the Programme of the Government for National Recovery 2011-2016 to “include a statutory appeals system and set out rights and obligations in a transparent way”. Finally, the Programme of the Government for National Recovery 2011-2016 sets out a commitment to “review the proposal to build a new prison at Thornton Hall and consider alternatives, if any, to avoid the costs yet to be incurred by the State in building such a new prison.” I have appointed a committee — the Thornton Hall Prison Review Group — to review the Thornton Hall Prison Project. The task of the committee is to examine the need to build a new prison at Thornton Hall and consider any alternatives. I am conscious that prisoner numbers have increased from a figure of 3,151 in 2005, when the Thornton Hall Prison Project was first approved, to 4,520 on 21 April 2011, an increase of over 40%. I am also conscious that the 21 April 2011 figure of 4,520 people in prison must be placed in the context of a bed capacity in the prison system of 4,510. Against this backdrop, I believe that a speedy but comprehensive review is needed to determine: first, if new prison accommodation is needed or if greater use of non-custodial sanctions would be a more reasonable option; and, second, assuming for the moment that new prison facilities are needed, if building them at Thornton Hall would be the most cost-effective option. The terms of reference are intended to ensure that all the pertinent factors including economic factors are taken into account. The full terms of reference for the committee are on the website of the Department of Justice and Equality (www.justice.ie). The members of the committee are: Brendan Murtagh, a partner in LHM Casey McGrath; Brian Purcell, Director General of the Irish Prison Service; Judge Catherine McGuinness, retired President of the Law Reform Commission; and Tom Cooney, Special Advisor to the Minister for Justice and Equality. The deadline for the committee’s report is 1 July 2011. After then I will be in a position to make a decision on the project.

305 Questions— 3 May 2011. Written Answers

[Deputy Alan Shatter.]

These items are important planks in a raft of reform measures that my Department is working on. There are other measures in process. For example, on the basis that pre-release offenders need a continuity of practical help to adjust successfully to free society, my Depart- ment is working on measures to make the path of the released offender to a law-abiding life an easier one to walk. It would be rash, however, to specify time-frames for the introduction of the various laws and initiatives we are committed to. The Deputies are assured that we will implement the remainder of the Programme of the Government for National Recovery 2011- 2016 with all deliberate speed.

Departmental Bodies 467. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will bring forward legislation to create a Garda Síochána Authority in the coming months; if he will indicate whether he intends to follow the model of other EU national and regional police authorities, including the Northern Ireland Policing Board; and if he will make a statement on the matter. [9593/11]

Minister for Justice and Equality (Deputy Alan Shatter): I have no plans to introduce a Garda Authority or a Policing Board and there is no such commitment in the Programme for Government. The Garda Síochána Act 2005 makes clear that the Garda Commissioner is accountable to my Department and to me as Minister for the performance of his functions and those of the Force, and of course I am politically answerable in the House in respect of these matters. The 2005 Act also made the Commissioner the Accounting Officer for the Garda Síochána, and liable to appear before the Committee of Public Accounts in that capacity. In addition, the 2005 Act established the Garda Ombudsman Commission, which is empowered to carry out independent investigations into Garda conduct, as well as the Garda Inspectorate, which provides expert advice on achieving the highest levels of efficiency and effectiveness in the operation and administration of the Force. The accountability of the Garda Síochána has, through these measures, been significantly strengthened. I might also make the point that any comparison with accountability arrangements in other jurisdictions should take into account the fact that the Garda Síochána is rare among police forces in combining security and intelligence functions with policing duties, and should look at the totality of arrangements in those jurisdictions.

Prison Accommodation 468. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on his recent visit to Mountjoy Prison, Dublin; the timeframe for the introduction of sanitary facilities for all prisoners; and if he will make a statement on the matter. [9594/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am pleased to say that one of the first things I did on becoming Minister was to visit the Mountjoy Prison campus. I conducted a full tour of Mountjoy Prison including the landings, workshops, school and medical facilities. I also visited the Dóchas Centre and St. Patrick’s Institution. During my visit, I met with prison management and staff. I was impressed by the commitment and level of professionalism shown by staff working in the challenging environment of a prison. Again, I would like to compliment them and especially the new Governor, Mr Ned Whelan, for the work done in recent times in improving conditions in the prison. It is notable that

306 Questions— 3 May 2011. Written Answers significant improvements can be achieved even in an old prison such as Mountjoy with committed staff under good, committed and determined management. For my part, I am committed to addressing the issue of in-cell sanitation in line with the Government Programme for National Recovery. A refurbishment project is currently under way in the basement of the C-wing at Mountjoy Prison which will result in an additional 36 cells with in-cell sanitation being installed by mid 2011. Work has also commenced on a project to provide in-cell sanitation in the remaining 74 cells on the same wing. This project is expected to be completed by the end of the summer 2011. Depending on the findings of a post-project appraisal, the Irish Prison Service will consider installing in-cell sanitation facilities in the remaining cells of the prison.

Crime Levels 469. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on recent research presented to the Fingal Joint Policing Committee which mapped the occurrence of crime throughout the Blanchardstown Garda district; if he will give consideration to providing resources for such research to the Dublin Garda regions and similar urban regions in Limerick, Cork, Waterford and Galway; and if he will make a statement on the matter. [9595/11]

Citizenship Applications 470. Deputy Jim Daly asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied); and if he will make a statement on the matter. [9606/11]

Minister for Justice and Equality (Deputy Alan Shatter): A valid application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Division of my Department in January 2009. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. In that context, as I outlined in response to Parliamentary Question No. 69 of 7 April last, I can inform the Deputy that I have initiated steps within my Department to provide for speedier processing of applications to bring about a substantial reduction in the processing timescale. The new arrangements will be publicly announced once my Department is in a position to implement them. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive parliamentary questions process.

307 Questions— 3 May 2011. Written Answers

Asylum Applications 471. Deputy James Bannon asked the Minister for Justice and Equality the position regarding an application for refugee status in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [9670/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Office of the Refugee Applications Commissioner (ORAC) that they have no record of an application for asylum under the details as supplied by the Deputy. All applicants for asylum are given an asylum reference number and I am informed by the ORAC that if the Deputy can provide this asylum reference number, it would facilitate the tracking of any such application in respect of the person concerned.

Magdalene Laundries 472. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the amount of funding he has paid in each of the past five years to the four religious orders involved in the Magdalene laundries (details supplied); the purpose of the funding; and if he will make a statement on the matter. [9712/11]

Minister for Justice and Equality (Deputy Alan Shatter): I can advise the Deputy that no funding was provided by my Department in the past five years to the religious orders to which he refers.

Immigration Service 473. Deputy Paschal Donohoe asked the Minister for Justice and Equality his plans to review the cost of the fee for completion of the naturalisation process; and if he will make a statement on the matter. [9721/11]

Minister for Justice and Equality (Deputy Alan Shatter): As the Deputy will appreciate, the question of fees for the provision of services is being examined in the context of the wider budgetary situation in my Department. The naturalisation process already generates significant fee income and I cannot rule out the possibility of a further contribution being made by it to my Department’s budgetary arithmetic.

Citizenship Applications 474. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the position regarding citizenship in respect of a person (details supplied). [9736/11]

Minister for Justice and Equality (Deputy Alan Shatter): A valid application for a certificate of naturalisation from the person referred to in the Deputy’s question was received in the Citizenship Division of my Department in July 2010. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. In that context, as I outlined in response to Parliamentary Question No. 69 of 7 April last, I can inform the Deputy that I have initiated steps within my Department to provide for speedier processing of applications to bring about a substantial reduction in the processing timescale. The new arrangements will be publicly announced once my Department is in a position to implement them. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union

308 Questions— 3 May 2011. Written Answers level and it is important that appropriate procedures are in place to preserve the integrity of the process. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive parliamentary questions process.

Prison Building Programme 475. Deputy Michael McGrath asked the Minister for Justice and Equality if the newly appointed review group regarding a project (details supplied) intend to engage in a public consultation exercise as part of their work. [9764/11]

476. Deputy Michael McGrath asked the Minister for Justice and Equality if the newly appointed review group regarding a project (details supplied) are available to hold meetings with interested parties; and if he will advise how this may be arranged. [9765/11]

Minister for Justice and Equality (Deputy Alan Shatter): I propose to take Questions Nos. 475 and 476 together. In line with the commitment in the Government Programme for National Recovery, I recently announced the establishment of a committee to review the Thornton Hall Prison Project. The full terms of reference are available on my Department’s website at www.justice.ie. Advertisements were placed in the national press in the week commencing 11 April inviting written submissions or observations from interested parties. All such submissions should be sent to the Chairman, Thornton Hall Project Review Committee, Department of Justice and Equality, Montague Court, Montague Street, Dublin 2 and must be received by Monday 9th May, 2011. It is a matter for the committee to consider whether they wish to hold meetings with any interested parties to assist in their deliberations.

Garda Investigations 477. Deputy Michael McGrath asked the Minister for Justice and Equality the position regarding the retention by the Garda and the Director of Public Prosecutions of investigation files in respect of which a decision is taken not to press charges; if such files are kept for a specified period of time or destroyed after a specified period of time; and if he will make a statement on the matter. [9766/11]

Minister for Justice and Equality (Deputy Alan Shatter): I have requested the information sought from the Garda authorities. I will be in contact with the Deputy when this information is to hand. In relation to the Director of Public Prosecutions (DPP), I should say that as Minister for Justice and Equality, I play no role in the prosecution of offences, and both the decision to initiate a prosecution and the subsequent conduct of that prosecution are functions exclusively assigned (with limited exceptions) to the DPP under the Constitution and the relevant statutory provisions.

Garda Operations 478. Deputy Clare Daly asked the Minister for Justice and Equality the powers a garda has

309 Questions— 3 May 2011. Written Answers

[Deputy Clare Daly.] with regard to entering private property in circumstances in which he or she has not been invited and is not in possession of a warrant. [9768/11]

Minister for Justice and Equality (Deputy Alan Shatter): Members of the Garda Síochána have a wide range of common law and statutory powers available to them to effect entry to private property without either the consent of the occupier or a warrant. These powers are, however, restricted in terms of their purpose and the circumstances in which they may be used. Such restrictions arise from the need to balance, on the one hand, the duty of a member to enforce the law and protect individuals and, on the other, the rights of individuals to ownership and privacy. In addition, the Deputy will be aware that Article 40.5 of the Constitution affords special protection to domestic dwellings, providing that they are inviolable and may not be forcibly entered save in accordance with law. Examples of common law powers of entry include the power to enter a private premises (including a dwelling) in order to terminate an affray or to prevent an occupant from causing serious injury to someone else on the premises, and the power to enter in order to effect an arrest. This latter common law power has been superseded in practical terms by the statutory power of entry and search conferred by the Criminal Law Act 1997, section 6 of which permits a member to enter any premises without warrant in order to effect the arrest of a person who is, or who the member with reasonable cause suspects to be, on the premises. Apart from this power to effect an arrest, there are a large number of other statutory powers. Many are aimed at facilitating the inspection or search of a premises for the purpose of ensuring that a particular business is being conducted in accordance with, for example, the conditions of a licence or that nothing unlawful or improper is being carried on there. They tend to concern ensuring compliance with, for example, liquor licensing and gaming laws, as well as public health and environmental standards. Others permit a member to enter summarily where he or she has reasonable grounds for believing that a relevant offence is being committed on the premises. Not all of these powers relate to areas coming within the remit of my Department. Having regard, therefore, to the number and range of powers, I am not in a position where I could provide a list of extant powers that I am satisfied is full, accurate and comprehensive. However, should the Deputy wish me to address a more specific matter relating to my area of responsibility, I would be pleased to provide details on that matter.

Departmental Bodies 479. Deputy Clare Daly asked the Minister for Justice and Equality if the Office of the Garda Síochána Confidential Recipient expired on 1 February 2011; the reason it was not made public, in view of the attention on Garda behaviour with regard to policing in Rossport, County Mayo; the position regarding the serious information which was in the possession of this office; and the facility that now exists to protect Garda whistleblowers. [9773/11]

Minister for Justice and Equality (Deputy Alan Shatter): The confidential reporting system under the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007 commenced operation in June 2008, and the system is continuing to operate. The Garda Commissioner has issued a Confidential Reporting Charter to all sworn members and civilian staff of An Garda Síochána. The Charter contains the contact details of the Confidential Recipients to whom confidential reports may be made. The term of office of the external Confidential Recipient, Mr. Brian McCarthy, expired on 28th February 2011. A follow-on appointment has yet to be made and this delay was mainly

310 Questions— 3 May 2011. Written Answers due to the interregnum which occurred due to the change of Government. Under the regulations, certain officeholders and associations must be consulted before any further appointment can be made and it is my intention to appoint an external confidential recipient in the very near future. It should be pointed out that internal confidential recipients, appointed by the Garda Com- missioner, are still available to any Garda who is aware of corruption or malpractice. In relation to the most recent incident at the Corrib protest, this matter is being investigated by the Garda Síochána Ombudsman Commission. Finally, with regard to the wider issue of whistleblowing generally, the Government has committed to introducing new legislation in this regard.

Question No. 480 answered with Question No. 450.

Asylum Applications 481. Deputy Brendan Griffin asked the Minister for Justice and Equality the position regarding asylum in respect of a family (details supplied); and if he will make a statement on the matter. [9802/11]

Minister for Justice and Equality (Deputy Alan Shatter): The persons concerned are a husband, his wife and their child. The husband and wife lodged separate asylum applications on 18 September 2009. The child made an asylum application on 28 July 2010. All three asylum applications were individually considered and it was found that none of the persons concerned met the criteria for recognition as a refugee. Arising from the refusal of their respective asylum applications, and in accordance with the provisions of section 3 of the Immigration Act 1999 (as amended), they were separately notified, the husband and wife by letters dated 24 May 2010 and the child by letter dated 30 December 2010, that the Minister proposed to make Deportation Orders in respect of them. They were each given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against them. In addition, they were notified of their respective entitlements to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regu- lations 2006. All three persons concerned have submitted individual applications for Subsidiary Protection. When consideration of these applications has been completed, the persons concerned will be notified in writing of the outcomes. In the event that the applications for Subsidiary Protection are refused, the position in the State of the persons concerned will then be decided by reference to the provisions of section 3(6) of the Immigration Act 1999 (as amended) and section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the files are passed to me for decision. Once decisions have been made, these decisions and the consequences of the decisions will be conveyed in writing to the persons concerned. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive parliamentary questions process.

Residency Permits 482. Deputy Brendan Griffin asked the Minister for Justice and Equality the position regard-

311 Questions— 3 May 2011. Written Answers

[Deputy Brendan Griffin.] ing an application for residency in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [9813/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned made an EU Treaty Rights application which was received in my Department on 30 September 2010. This application was refused as the person concerned did not satisfy the relevant criteria. The person concerned was informed of this decision by letter dated 4 April 2011. Subsequently, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 5 April 2011, 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 a Deportation Order should not be made against him. The position in the State of the person concerned now falls to be decided by reference to the provisions of Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive parliamentary questions process.

Garda Transport 483. Deputy Brendan Griffin asked the Minister for Justice and Equality if a squad car will be provided for gardaí in Waterville, County Kerry; and if he will make a statement on the matter. [9827/11]

Minister for Justice and Equality (Deputy Alan Shatter): The detailed allocation of Garda resources, including transport, is a matter for the Garda Commissioner to decide in accordance with his identified operational requirements and priorities. At Divisional level, the responsibility for the efficient deployment of all Garda vehicles is a matter for the Divisional Officer. I am informed by the Garda authorities that the Waterville Garda sub-district is subject to regular mobile Garda patrols and that the current policing arrangements for the area make the optimum use of Garda resources.

Liquor Licensing Laws 484. Deputy John Lyons asked the Minister for Justice and Equality his views on the issue of home delivery of alcohol from off-licence sales processed over the telephone and paid for by credit card or cash on delivery; his further views on whether the availability of alcohol by such means is contributing to underage drinking; and if he will make a statement on the matter. [9888/11]

Minister for Justice and Equality (Deputy Alan Shatter): Provisions relating to the sale and supply of intoxicating liquor are set out in the Licensing Acts 1833 to 2010. Under section 17(3) of the Intoxicating Liquor Act 2003 it is an offence for a licensee, with intent to evade the

312 Questions— 3 May 2011. Written Answers conditions of the license, to take alcohol from the licensed premises for the purpose of its being sold on the account or for the benefit or profit of the licensee, or to permit any other person to do so. Moreover, under section 31(2) of the Intoxicating Liquor Act 1988 (as amended), it is an offence for a licensee to sell or deliver, or permit any other person to sell, or deliver, alcohol for consumption by a person under the age of 18 years in any place except with the explicit consent of the persons’ parent or guardian in a private residence in which he or she is present either as of a right, or with permission. The Government Alcohol Advisory Group considered specific issues relating to distance sales of alcohol in its 2008 Report. The Group drew attention to the requirement that payment must be made as part of the telephone or on-line transaction in such cases and not later on delivery of the product. The Group considered that sales of alcohol which had been ordered by telephone or otherwise and which were paid for on delivery were illegal transactions and recommended that the Gardaí should target such delivery services with a view to prosecuting the offending licensees.

Ministerial Staff 485. Deputy Brendan Smith asked the Minister for Defence the detail of all permanent Civil Service or non-established positions in his Department with regard to assisting Ministers with constituency work; the monthly salaries for these positions; and if any further appointments are envisaged. [9135/11]

Minister for Defence (Deputy Alan Shatter): I do not have a constituency office in the Department of Defence. My constituency office is based in the Department of Justice and Equality. The Minister of State at my Department, Deputy Paul Kehoe, does not have any staff from the Department of Defence in his constituency office, which is based in the Department of the Taoiseach.

Ministerial Appointments 486. Deputy Brendan Smith asked the Minister for Defence if he will list the details of all State appointments open to direct choice by him on 10 March 2011. [9149/11]

Minister for Defence (Deputy Alan Shatter): The bodies under the aegis of my Department are the Civil Defence Board, the Army Pensions Board and the Board of Coiste an Asgard. The Civil Defence Board was established in 2003. The Minister for Defence can directly appoint four persons to the Board who, in his opinion, have experience in business, industry, finance or administration relevant to the Board’s functions. The Army Pensions Board is an independent statutory body established under the Army Pensions Act, 1927. The Board is made up of a chairman and two ordinary members. The two ordinary members must be qualified medical practitioners of whom one must be an officer of the Army Medical Corps. The chairman and the non-military ordinary member are appointed by the Minister for Defence with the concurrence of the Minister for Finance. The Army Medical Corps ordinary member is appointed by the Minister for Defence. Appointments to the Board of Coiste an Asgard are a matter for the Minister for Defence. In the context of settling the Estimates for the Department of Defence for 2010, the Govern- ment decided that the national sail training scheme operated by Coiste an Asgard would be discontinued as recommended in the Report of the Special Group on Public Service Numbers and Expenditure. As a result, no funding was provided in 2010 or 2011. The company has been inactive since that decision.

313 Questions— 3 May 2011. Written Answers

Defence Forces Operations 487. Deputy Paschal Donohoe asked the Minister for Defence the number of occasions the Defence Forces explosive ordnance disposal team has been called out in the first quarter of 2011, as compared with the same period in 2010, per Garda region; the number of hoax calls and the number of controlled explosions carried out in both these periods; and if he will make a statement on the matter. [9252/11]

Minister for Defence (Deputy Alan Shatter): Set out in the accompanying table are details of the number of occasions that the Defence Forces Explosive Ordnance Disposal teams have been called out in the first quarters of 2010 and 2011. While details of the number of controlled explosions carried out are not available, details of the number of viable devices are included.

Year Total Number of Hoaxes (included in Viable Devices Callouts total) (included in total)

2010 (Jan to Mar) 45 13 7 2011 (Jan to Mar) 55 11 5

Although details of callouts are not recorded on the basis of Garda regions, the following tables contain a breakdown per each of the three Brigades of the Defence Forces and the Defence Forces Training Centre based on the Curragh. An EOD team is attached to each of the three Brigades and at the Training Centre.

2010 1 Southern Brigade 2 Eastern Brigade 4 Western Brigade DFTC

Januarty 5813 February 3820 March 4551

2011 1 Southern Brigade 2 Eastern Brigade 4 Western Brigade DFTC

January 4 12 3 3 February 3433 March 4 13 2 1

In spite of a substantial increase in recent years in the number of callouts to deal with Improvised Explosive Devices (IEDs), I am satisfied that the Defence Forces have the necessary resources and capabilities to meet the current threat. The challenge of dealing with the increasing level of sophistication in the preparation of such devices is and will continue to be an integral part of the training that is provided to members of the Defence Forces who provide a unique response capability within the State to deal with such incidents.

Defence Forces Strength 488. Deputy David Stanton asked the Minister for Defence, further to Parliamentary Ques- tion No. 446 of 18 January 2011, the number of Permanent Defence Forces and Reserve Defence Force applicants currently awaiting processing by the Garda Central Vetting Unit; the number of PDF and RDF applicants who received clearance by the unit each month from September 2010 to March 2011, respectively; the number of same attested per month; the number who have not been attested; and if he will make a statement on the matter. [9285/11] 314 Questions— 3 May 2011. Written Answers

Minister for Defence (Deputy Alan Shatter): I am informed by the Military Authorities that there are currently 534 Permanent Defence Force (PDF) and 239 Reserve Defence Force (RDF) applications for security clearance awaiting processing by the Garda Central Vetting Unit. These numbers include serving members of the PDF and RDF who are required to be re-vetted on transferring to specific posts. A breakdown of these numbers between new applicants and serving members is not readily available. The following details the number of PDF and RDF applicants who received clearance by the Garda Central Vetting Unit each month from September 2010 to March 2011:

September October November December January February March 2011 2010 2010 2010 2010 2011 2011

PDF 60 45 130 172 251 57 70 RDF 40 70 50 78 68 18 69

General Service Recruitment to the PDF is undertaken on a Brigade by Brigade basis. The numbers to be inducted to each Brigade is dependent on the requirement of the Brigade but will generally consist of one or more platoons, each of which normally consists of 40 recruits. The following details the number of PDF and RDF applicants who have been attested each month from September 2010 to March 2011:

September October November December January February March 2011 2010 2010 2010 2010 2011 2011

PDF Nil Nil Nil 115 80 Nil 162 RDF 45 62 37 56 40 18 21

A total of 42 personnel are due to be recruited to the PDF on receipt of clearance from the Garda Central Vetting Unit.

489. Deputy David Stanton asked the Minister for Defence the effective strength of the Reserve Defence Force at 31 March 2011; if he will provide a breakdown of same per brigade; the maximum number of effective personnel allowed per brigade; and if he will make a statement on the matter. [9286/11]

Minister for Defence (Deputy Alan Shatter): I am advised by the military authorities that the total strength of the Reserve Defence Force at 31 March 2011 was 5,728, of which 986 were non-effective, giving an effective strength of 4,742. A national breakdown of the effective strength of the Reserve Defence Force per Brigade is provided in the tabular statement over- leaf. I am aware that effective numbers in the Reserve have declined over recent years. The total strength of the Reserve includes personnel who are categorised as effective and non- effective. As provided for in Defence Forces Regulation R5, personnel are removed from the effective strength of their Units and are placed on the non-effective list primarily for failure to meet minimum training requirements. These personnel remain liable for call out on permanent service or service in Aid to the Civil Power. Since 2004, with the role of the RDF Review Implementation Plan, the military authorities have increased their efforts to ensure that only those members who meet the requirements remain on the effective list. The number of personnel in the Reserve Defence Force is dependent on funding being available for training. The Deputy will appreciate that there would be little point recruiting personnel if it is not feasible to provide for their training. The funds available for paid training days have reduced from €4.96 million in 2009 to €2.48 million in 2011. This will allow for the 315 Questions— 3 May 2011. Written Answers

[Deputy Alan Shatter.] recruitment of a further 200 recruits in 2011 whilst providing training for existing members of the Reserve (based on uptake of paid training over recent years). This level of recruitment was recently agreed with the Military Authorities, having regard to the requirement to maintain the existing capabilities of the Reserve to the greatest extent possible.

Details of the effective strength of the Reserve Defence Force at 31 March 2011 per Brigade.

Brigade/Formation Effective Strength

2 Eastern Brigade 1,175 1 Southern Brigade 1,468 4 Western Brigade 1,883 Defence Forces Training Centre 27 Naval Service 189

Total 4,742

Defence Forces Recruitment 490. Deputy Seán Kenny asked the Minister for Defence the number of persons who were recruited into the Army, Naval Service and Air Corps for the years 2007, 2008, 2009 and 2010, and to date in 2011; and if there will be further recruitment into the Defence Forces later this year. [9467/11]

Minister for Defence (Deputy Alan Shatter): The number of persons who were recruited into the Army, Naval Service and Air Corps for the years 2007, 2008, 2009 and 2010 is as follows:

Army Naval Service Air Corps Total

2007 478 87 0 565 2008 441 66 0 507 2009 0000 2010 77 38 0 115

Recruitment to the Permanent Defence Force was suspended in late 2008 pending a review of the best means by which to achieve the reduction of 3% in payroll costs that had been applied, in common with other areas of the public service, to the Defence Forces. The present position is that, within the context of consolidating the public finances, the Government is focused firmly on maintaining the operational efficiency of the Defence Forces. To this end, targeted recruitment was carried out in 2010 and is continuing in 2011. To date the following General Service induction has taken place in 2011:

Army Naval Service Air Corps Total

2011 202 0 40 242

In addition, there will be an intake of 42 recruits into the Naval Service and an intake of 30 cadets from the Cadetship Competition in 2011. A number of technical appointments will also be filled. 316 Questions— 3 May 2011. Written Answers

With the support of the Chief of Staff, and within the available resources, I intend to retain the capacity of the Defence organisation to operate effectively across all roles, while contributing to the necessary public service economies. I am advised that at this time the Defence Forces retain the capacity to undertake the tasks laid down by Government both at home and overseas.

Programmes for Government 491. Deputy John McGuinness asked the Minister for Defence the specific proposals in the Programme for Government for which he is responsible; the target dates he has agreed for the delivery of these proposals; and if he will publish an implementation schedule. [9581/11]

Minister for Defence (Deputy Alan Shatter): The relevant specific commitments in the Prog- ramme for Government are:

— the implementation of the Defence Forces Medical Services Review as resources allow, and

— the initiation of a detailed legal review of the basis, structures and governance of the Red Cross in Ireland to improve its functioning in the light of changing circumstances.

The Defence Forces Medical Services Review completed by PA Consulting in 2009 recommended a major change programme. As recommended by the consultants, a number of Work- ing Groups were established to progress the various projects identified. All bar one of these groups has completed their final report and that group is due for completion in the coming weeks. The reports of the Working Groups will be considered for approval and acceptance by a Steering Group. It is expected that substantial progress will be made over the coming months in implementing the recommendations. The Irish Red Cross Order 1939 sets out the basis upon which the Society is governed and was made pursuant to the Red Cross Act 1938. Following submission to the Office of the Attorney General of a draft Order that would amend the 1939 Order, discussions on the extent of changes that can be made to this legislation are continuing. Following receipt of legal advice from the Office of the Attorney General, which is expected in the coming weeks, I will review the legislative changes that are proposed and consider bringing them to Government for approval. It is important to note that whatever changes may be made to the 1939 Order, a comprehensive review of all Red Cross legislation, and in particular the primary legislation, will be commenced by my Department. In addition to the commitments relating specifically to my Department, the Programme for Government contains commitments that cut across all Government Departments. My Depart- ment is actively engaged in progressing these commitments, such as the comprehensive spending review, which recently commenced.

Army Barracks 492. Deputy Robert Troy asked the Minister for Defence the position regarding the future of Columb Barracks, Mullingar, and Custume Barracks, Athlone, County Westmeath; and if he will make a statement on the matter. [9722/11]

Minister for Defence (Deputy Alan Shatter): The Defence property portfolio is kept under review to ensure the most effective use of military resources having regard to the roles assigned by Government to the Defence Forces. In that context the dispersal of personnel over an

317 Questions— 3 May 2011. Written Answers

[Deputy Alan Shatter.] extended number of locations is a major impediment to the essential collective training required to fulfil those roles. It also imposes increased and unnecessary overheads on the Defence Forces in terms of barrack management, administration, maintenance and security. The consolidation of the Defence Forces formations into a smaller number of locations is a key objective for me as we strive to maximise the effectiveness of the Defence Forces. Whilst no decision has been made in relation to the future of any particular military installation I cannot give a commitment that there will not be further programmes of barrack consolidation.

Animal Welfare 493. Deputy Eoghan Murphy asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the fact that the Irish Greyhound Board is considering sending Irish greyhounds to China; and his views on same. [9533/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Bord na gCon is a commercial State Body responsible for the greyhound industry. The Board of Bord na gCon is responsible for leading and directing the activities of the Company. My Department is aware that Bord na gCon is exploring possible business opportunities in China and has been in contact with my Department is in this regard. My Department is considering the Bord na gCon proposal and will form a view based on the case presented to it. Bord na gCon has repeatedly confirmed its commitment to the highest standards of animal welfare in the greyhound industry and in considering the proposal the need to ensure the welfare of animals will be taken into account by my Department. Any proposal to export greyhounds from Ireland to China would require the establishment and agreement of export health certification protocols with the Chinese authorities, and appropriate transport arrangements would have to be put in place to ensure the welfare of the animals in transit. My Department endeavours to ensure that all exporters comply with Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations. All Member States of the EU including Ireland are working to promote better animal welfare internationally and in this regard Ireland has introduced national legislation giving effect to Regulation (EC) No. 1523/2007 of the European Parliament and Council dated 11 December 2007 banning the marketing or import to or export from the Community of cat and dog fur and products containing such fur. The commitment of this Government to animal welfare in general is beyond doubt and is reflected among the priorities in the Programme for Government.

Aquaculture Development 494. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food if a grant for a mussel boat will be made available to a co-op (details supplied) in County Kerry; and if he will make a statement on the matter. [9824/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Sneem Fishermen’s Co-op applied in 2009 to BIM for grant aid for the purchase of a fishing vessel under the Aquaculture Development Measure of the Southern and Eastern Regional Operational Prog- ramme of the NDP 2000-2006. The application was judged to involve funding of aquaculture activity located in a site designated for protection under the EU Habitats Directive (so called Natura 2000 areas). The Natura 2000 area where the Co-op’s activity is located is the Kenmare River Special Area of Conservation. In light of a finding against Ireland in 2007 by the Euro-

318 Questions— 3 May 2011. Written Answers pean Court of Justice that Ireland was in breach of the Birds and Habitats Directives in relation to its licensing of aquaculture and fishing activities, applications under the Programme for funding of activities connected with an aquaculture site located in a Natura 2000 area were refused on legal advice, including the application from the Co-op. That Southern and Eastern Regional Operational Programme has since closed. It is not possible to incur any further expenditure under the Programme. My Department is working with the Marine Institute, BIM, and the National Parks and Wildlife Service on a multi-annual programme to bring Irish aquaculture and fisheries into compliance with the Habitats and Birds Directives. The Kenmare River SAC is ranked as one of the highest priorities under that programme. It should be noted that under article 7 of EU regulation 736/2008, state aid must have an incentive effect. This means that operations that the beneficiary has already begun to implement cannot receive grant aid. As the boat in question has been purchased it cannot now be grant aided in retrospect as it would breach EU State Aid rules. However, once aquaculture and fishing activities in the Kenmare River SAC have been scientifically assessed in accordance with the EU Habitats Directive, and subject to the outcome of that assessment, the Co-op may be eligible for support for other future projects under the Commercial Aquaculture Development Scheme of the current Irish Seafood National Prog- ramme 2007-2013. However, purchase of the mussel boat will not be eligible for funding as each call for proposals under this scheme specifies that projects must not have commenced before an application is made under that call and acknowledged by BIM.

Departmental Schemes 495. Deputy Michael Lowry asked the Minister for Agriculture, Fisheries and Food the progress being made to resolve the hardship installation cases that were suspended when the scheme was closed without warning; and if he will make a statement on the matter. [9020/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The Young Farmers’ Installation Scheme was closed to new applicants on 14 October 2008 and I have no plans to consider applications received after that date or to reopen the scheme at this time. An allocation of almost €1 million is provided in 2011 to meet the remaining commitments under both the Young Farmers’ Installation Scheme and the preceding equivalent schemes.

Grant Payments 496. Deputy Michael Lowry asked the Minister for Agriculture, Fisheries and Food if a farm waste management grant will be awarded to a person (details supplied) in County Tipperary; if not, the reason therefor; and if he will make a statement on the matter. [9043/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Two applications for grant-aid under the Farm Waste Management Scheme were received in the name of the person named, who is now deceased. Two instalments of grant-aid in respect of the first application have been paid by my Department. However, no further payments can be made in respect of that application until the further documentation which was requested by the Inheritance Enquiry Unit in my Department has been received. A second application for grant-aid under the Farm Waste Management Scheme was received by my Department on 22 December 2006. The project involved in this application required planning permission. However, as the planning permission was not received in my Department

319 Questions— 3 May 2011. Written Answers

[Deputy Simon Coveney.] by the closing date of 30 June 2007 for receipt of a valid application under the Scheme, that application could not be further processed.

Animal Welfare 497. Deputy Eric Byrne asked the Minister for Agriculture, Fisheries and Food if an agreement has been made in regard to transporting greyhounds to China in order to establish a greyhound industry there; and if he will confirm that if Ireland begins to trade greyhounds with China every precaution will be made to ensure that the highest international animal welfare standards apply. [9082/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Bord na gCon is a commercial State Body responsible for the greyhound industry. The Board of Bord na gCon is responsible for leading and directing the activities of the Company. My Department is aware that Bord na gCon is exploring possible business opportunities in China and has been in contact with my Department is in this regard. My Department is considering the Bord na gCon proposal and will form a view based on the case presented to it. Bord na gCon has repeatedly confirmed its commitment to the highest standards of animal welfare in the greyhound industry and in considering the proposal the need to ensure the welfare of animals will be taken into account by my Department. Any proposal to export greyhounds from Ireland to China would require the establishment and agreement of export health certification protocols with the Chinese authorities, and appropriate transport arrangements would have to be put in place to ensure the welfare of the animals in transit. My Department endeavours to ensure that all exporters comply with Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations. All Member States of the EU including Ireland are working to promote better animal welfare internationally and in this regard Ireland has introduced national legislation giving effect to Regulation (EC) No. 1523/2007 of the European Parliament and Council dated 11 December 2007 banning the marketing, import to or export from, the Community of cat and dog fur and products containing such fur. The commitment of this Government to animal welfare in general is beyond doubt and is reflected among the priorities in the Programme for Government.

Ministerial Staff 498. Deputy Brendan Smith asked the Minister for Agriculture, Fisheries and Food the detail of all permanent Civil Service or non-established positions which are in place in his Department with regard to assisting Ministers with constituency work; the monthly salaries for these positions; and if any further appointments are envisaged. [9132/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): As the Deputy is aware, Government introduced new arrangements in staffing support for Ministers and Mini- sters of State in line with the Programme for Government aim to introduce political reform. This has delivered a reduction of 25% in the permitted staffing of Minister’s offices and 33% for Ministers of State. I have detailed below the number of permanent Civil Service and non-established positions which assist both myself and Minister McEntee with constituency work:—

320 Questions— 3 May 2011. Written Answers

Minister, Simon Coveney

Grade/Position Number Monthly Salary

€

Clerical Officer 2.3 6,789.35 Personal Secretary 1 3,797.58

Minister of State, Shane McEntee

Grade/Position Number Monthly Salary

€

Personal Secretary 1 3,245.42 Personal Assistant 1 3,642.92

It is expected that one further appointment will be made in both constituency offices shortly.

Ministerial Appointments 499. Deputy Brendan Smith asked the Minister for Agriculture, Fisheries and Food if he will list the details of all State appointments open to direct choice by him on 10 March 2011. [9146/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The Government has agreed that new arrangements will be put in place for the making of appointments to the boards of State bodies and agencies. As part of those new arrangements, I will shortly be inviting expressions of interest from persons interested in being considered for appointment to fill vacant positions on the boards of the agencies and bodies operating under the aegis of my Department. In considering the appointment of suitable candidates, I will not necessarily be confined to those who submit expressions of interest, but I will ensure that all appointees are suitably qualified. In the case of those being proposed for appointment as chairpersons of State boards, the Government has decided that such persons will be required to make themselves available to the appropriate Oireachtas Committee to discuss the approach which they intend to take to their role as chairperson and their views about the future contribution of the body or board in question. Following that discussion, decisions will be taken by the Minister or the Government, as appropriate, whether to confirm the nominee as chairperson. As the Deputy is aware, in the case of some of the State bodies/agencies operating under my Department’s aegis, a number of the board appointments are made by me having been nominated for appointment by various organisations specified in the relevant statute under which the appointments are made. These include, for example, the Aquaculture Licensing Appeals Board, Bord na gCon, Teagasc, National Milk Agency, Veterinary Council and Horse Racing Ireland. My Department is collating information in relation to the vacancies of the boards of the State bodies and aegis operating under the aegis of my Department. This table will be kept updated and will be available on my Department’s website shortly.

Grant Payments 500. Deputy Jim Daly asked the Minister for Agriculture, Fisheries and Food when a reactor 321 Questions— 3 May 2011. Written Answers

[Deputy Jim Daly.] payment will issue as approved by the Circuit Court in February 2011 in respect of a person (details supplied); and if he will make a statement on the matter. [9197/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The On-Farm Market Valuation scheme provides for the payment of compensation for animals removed as reactors under the TB and Brucellosis Eradication Programme. Letters outlining the decision to withhold payments of compensation for animals removed from the holding concerned were issued to the herdowner in question in 2009. I wish to point out that the matter of compensation concerning this herdowner was not ruled on by the court case in question. Payment of compensation is a matter for my Department and there is a formal appeal process in place for farmers regarding decisions on compensation. I understand that information has recently been received to enable an appeal of the 2009 decision to proceed. The appeal is currently being examined as part of the established appeal procedure provided for under the terms of the scheme and it is expected that a decision on the matter will be taken in the coming weeks.

Animal Welfare 501. Deputy Michael Healy-Rae asked the Minister for Agriculture, Fisheries and Food his views on whether the export of Irish greyhounds to China for racing is in the best interests of the welfare of the dogs and whether it goes against the spirit of the recently drafted Welfare of Greyhounds Bill; and if he will make a statement on the matter. [9214/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Bord na gCon is a commercial State Body responsible for the greyhound industry. The Board of Bord na gCon is responsible for leading and directing the activities of the Company. My Department is aware that Bord na gCon is exploring possible business opportunities in China and has been in contact with my Department is in this regard. My Department is considering the Bord na gCon proposal and will form a view based on the case presented to it. Bord na gCon has repeatedly confirmed its commitment to the highest standards of animal welfare in the greyhound industry and in considering the proposal the need to ensure the welfare of animals will be taken into account by my Department. Any proposal to export greyhounds from Ireland to China would require the establishment and agreement of export health certification protocols with the Chinese authorities, and appropriate transport arrangements would have to be put in place to ensure the welfare of the animals in transit. My Department endeavours to ensure that all exporters comply with Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations. All Member States of the EU including Ireland are working to promote better animal welfare internationally and in this regard Ireland has introduced national legislation giving effect to Regulation (EC) No. 1523/2007 of the European Parliament and Council dated 11 December 2007 banning the marketing, import to or export from, the Community of cat and dog fur and products containing such fur. The commitment of this Government to animal welfare in general is beyond doubt and is reflected among the priorities in the Programme for Government.

Grant Payments 502. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food when REP scheme payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [9241/11]

322 Questions— 3 May 2011. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named commenced REPS 4 on 1 June 2009 and received the year 1 payment in December 2010. Some discrepancies were discovered while checking the year 2 application and an amended plan was requested from the person named. This has now been received and the application will shortly be processed for payment.

Animal Welfare 503. Deputy Ann Phelan asked the Minister for Agriculture, Fisheries and Food if his considered concerns as described in the recently drafted Welfare of Greyhounds Bill will be reflected in the reported export of greyhounds to the People’s Republic of China and elsewhere; and if he will make a statement on the matter. [9262/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Bord na gCon is a commercial State Body responsible for the greyhound industry. The Board of Bord na gCon is responsible for leading and directing the activities of the Company. My Department is aware that Bord na gCon is exploring possible business opportunities in China and has been in contact with my Department is in this regard. My Department is considering the Bord na gCon proposal and will form a view based on the case presented to it. Bord na gCon has repeatedly confirmed its commitment to the highest standards of animal welfare in the greyhound industry and in considering the proposal the need to ensure the welfare of animals will be taken into account by my Department. Any proposal to export greyhounds from Ireland to China would require the establishment and agreement of export health certification protocols with the Chinese authorities, and appropriate transport arrangements would have to be put in place to ensure the welfare of the animals in transit. My Department endeavours to ensure that all exporters comply with Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations. All Member States of the EU including Ireland are working to promote better animal welfare internationally and in this regard Ireland has introduced national legislation giving effect to Regulation (EC) No. 1523/2007 of the European Parliament and Council dated 11 December 2007 banning the marketing, import to or export from the Community of cat and dog fur and products containing such fur. The commitment of this Government to animal welfare in general is beyond doubt and is reflected among the priorities in the Programme for Government.

Environmental Policy 504. Deputy Michael McCarthy asked the Minister for Agriculture, Fisheries and Food the efforts that will be made in 2011 to tackle instances of wildfire outbreak and monitor the burning activities of landowners; and if he will make a statement on the matter. [9283/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Following the large number of forest fires which occurred during 2010, a Working Group with representatives from a broad spectrum of interested stakeholders was established by my Department. The ten recommendations made by the Group were accepted earlier this year and are currently being implemented. During 2011 there is a twofold focus to the Department’s efforts to tackle this problem. First of all, an extensive nationwide publicity campaign is underway to bring home the message to landowners and farmers of the dangers and the consequences of the illegal burning of vegetation on agricultural land. A series of advertisements is appearing in the farming press,

323 Questions— 3 May 2011. Written Answers

[Deputy Simon Coveney.] together with press releases and media articles, with the common theme of the prevention of loss of life, livelihoods, homes, forests and property. The aim over time is to change the mindset regarding the use of fire in traditional agricultural practices. Secondly, an enhanced system to notify my Department of forest fires has been introduced, which will result in the better monitoring of burning activities. More importantly, through follow-up field inspections those individuals found to be engaging in illegal burning will face the consequences of their actions, through penalties under the Single Payment Scheme and Court prosecutions.

Afforestation Programme 505. Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food if an inspector has been approved to review the case of a person (details supplied) in County Kilkenny and if he will expedite a resolution to their case. [9311/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): On 1 March 2011, a representation made by the persons in question was received by the Forestry Division of my Department. The Division registered that representation as a formal appeal. The formal appeal procedure requires that the case is independently reviewed by a committee of senior officials who have had no involvement in the case to date. This procedure was completed and the applicants were informed on 24th March 2011 that their appeal had been unsuccessful. They subsequently repaid the outstanding debt to my Department on 4 April 2011. My officials are unaware of any further outstanding requests by the applicants in relation to their case.

Crop Research 506. Deputy Seamus Kirk asked the Minister for Agriculture, Fisheries and Food if research is being undertaken in respect of new potato varieties; and if he will make a statement on the matter. [9316/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I wish to inform the deputy that Teagasc operates, on behalf of the industry, a substantial research programme for the development of new potato varieties on an ongoing basis.

Departmental Properties 507. Deputy Terence Flanagan asked the Minister for Agriculture, Fisheries and Food if he will respond to an issue regarding the development of a person (details supplied); and if he will make a statement on the matter. [9329/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): My reply to PQ 8179/11 of 19 April, 2011 set out the position in relation to my Department’s property at Howth Fishery Harbour Centre. As set out in my reply, my Department is not in a position to disclose confidential details of possible or ongoing discussions with third parties relating to commercial transactions. I am therefore not in a position to provide the information requested in relation to Howth Yacht Club.

Grant Payments 508. Deputy Paudie Coffey asked the Minister for Agriculture, Fisheries and Food if he will give details of the definition of the following terms, namely, rough grazing and active farming,

324 Questions— 3 May 2011. Written Answers with regard to the qualifying criteria for entitlements under the single farm payment scheme; and if he will make a statement on the matter. [9334/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Eligible land is all land which is subject to an agricultural activity by an applicant such as arable crops, hay, silage, grazing by farm animals or which he/she chooses to top on an annual basis. Land, which was declared on a 2008 Single Payment Scheme application, which gave rise to a payment and was subsequently afforested, can be eligible in certain circumstances. If an applicant is not producing crops or animals from the land, he or she can chose to simply top it in order to maintain it in Good Agricultural and Environmental Condition, a requirement of the Scheme. However, in the case of hill/mountain land or marginal land, or other rough grazing, which cannot be mechanically topped, the only way of maintaining it in GAEC is to graze it with sufficient cattle or sheep. For land to be eligible to an applicant, the farmer must be in control of it for a period including 31 May 2011 and be actively farming it to keep it in GAEC. The Terms and Conditions of the Single Payment Scheme advise applicants, inter alia,as follows:

In order to draw down full payment of SPS entitlements, an “eligible hectare” must be declared in respect of each entitlement. In this context, an “eligible hectare” is land that is used for an agricultural activity and includes land used to grow cereals, oilseeds, short rotation coppice, miscanthus sinensis, protein crops, sugar beet, maize, fodder beet, turnips, mangolds, kale, grass (for silage, or hay or grazing).

Applicants are legally required to declare all the land that will form part of their holding on 31 May 2011, excluding any land that is leased-out or rented-out for any period that includes 31 May 2011.

The person declaring the land on the Single Payment application will be held responsible for any non-compliance with the statutory management requirements under cross compliance or any failure to maintain the lands declared in good agricultural and environmental condition for the period 1 January to 31 December 2011. Lands declared as agricultural land must be maintained as such until 31 December 2011, unless afforested — under the Afforest- ation Aid Scheme. Any change in the status of declared agricultural land must be notified to the Department.

Applicants declaring rented-in land should satisfy themselves that they will have sole and exclusive use of the land in question for agricultural purposes for the period of the rental agreement.

To claim the direct payment under the 2011 Single Payment Scheme, all of the hectares of land declared by an applicant (owned, rented-in and leased-in) must be subject to an agricultural activity, by the applicant concerned, for a period that includes 31 May 2011. Lands declared as being available on 31 May 2011, for the purpose of drawing down payment, must be maintained as agricultural land for the calendar year 2011, or planted under the Afforest- ation Aid Scheme in 2011.

All Scheme applicants should familiarise themselves fully with the Terms and Conditions of the Scheme prior to submitting an application.

325 Questions— 3 May 2011. Written Answers

Grant Payments 509. Deputy Áine Collins asked the Minister for Agriculture, Fisheries and Food the reason for the delay in payment in respect of a person (details supplied) in County Cork. [9346/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named commenced REPS 3 in October 2006 and received payment in respect of year 4 on 23 November 2009. The application of the person named was selected for inspection. This inspection has now been completed and the year 5 application for payment will be processed shortly.

Milk Quota 510. Deputy Áine Collins asked the Minister for Agriculture, Fisheries and Food the position regarding the scheme to give new entrants up to 40,000 gallons quota; if there will be sufficient quota to satisfy all applications, or, if not, the criteria that will be used to select successful applicants; and if he will make a statement on the matter. [9366/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The 2011 Scheme for the Allocation of Milk Quota to New Entrants was announced on 31 January 2011, with a closing date of 8 April. More than 260 applications were received by the closing date, so there will not be sufficient quota to satisfy all applications. All eligible applications will therefore be subjected to a rigorous selection process. The Scheme provides for three New Entrant categories, namely:

Category A — Brand New Entrant to Dairying

Category B — Purchaser of Quota as a New Entrant through the Milk Quota Trading Scheme

Category C — Purchaser of Quota as a Successor through the Milk Quota Trading Scheme

In order to be eligible for consideration, each applicant must:

satisfy the education and training qualifications as outlined in Annex I of the detailed rules of the scheme. A copy of the relevant documentation must be submitted with the application, have/will have a holding comprised of lands owned and/or leased by him or her;

have/will have his/her own separate independent herd number in which the dairy animals are/will be registered;

have his/her own separate milking and milk storage facilities situated on his/her holding prior to commencement of milk production;

submit a comprehensive 5-year business plan.

Applications that satisfy the eligibility criteria will be submitted for a detailed assessment. An independent panel has been established for this purpose. The panel will make recommendations to me for approval of those applications considered to provide the best evidence of a viable and sustainable enterprise. The assessment will focus on the following areas:

Educational Qualifications — Preference may be given to applicants with qualifications more specific to dairying;

326 Questions— 3 May 2011. Written Answers

Background — Extent to which applicants have any previous involvement/interest in farming, particularly in dairy farming. This will include any skills or experience already developed, and the extent of any family involvement;

Business Plan — Applicants should present a comprehensive plan setting out their commitment to the dairy enterprise and its future development;

Financial Input — Preference may be given to applicants on the basis of personal financial commitment to the enterprise;

Independence — Extent to which applicants intend to run their own enterprise, without the likelihood of quota being absorbed into other, existing enterprises.

I hope to be in a position to announce the completion of the process by the end of May.

Fishing Industry Development 511. Deputy Noel Harrington asked the Minister for Agriculture, Fisheries and Food his views on the report commissioned by him on the development of business plans for fishery harbour centres; if he will implement the recommendations; the expected time frame for the proposals to be completed; if these recommendations will be included in the forthcoming jobs initiative; and if he will make a statement on the matter. [9368/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The Business Plans for the Development of the Fishery Harbour Centres were published in 2009 and provide a blueprint for the future development of the Fishery Harbour Centres. The Business Plans recommend a five year time frame for the implementation of the recommendations made. I can confirm that my Department has already commenced the implementation of the recommendations made in the Business Plans and will continue to do so within the resources available to it. The ongoing development of the six Fishery Harbour Centres in conjunction with the implementation of the recommendations made in the Business Plans will support the generation of new business and employment.

Grant Payments 512. Deputy Paul J. Connaughton asked the Minister for Agriculture, Fisheries and Food the reason entitlements have been withdrawn in respect of a person (details supplied) in County Galway; if his attention has been drawn to the fact that there is a genuine reason the entitlements were not used and that there will be severe financial hardship if entitlements are not reinstated; and if he will make a statement on the matter. [9370/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The late husband of the person named established 18.61 standard entitlements to the value of €1,501.64. These entitlements were not used in 2009 and 2010 and have now expired. While the herd-number was transferred to the person named from her late husband in July 2007, and Single Payment applications were submitted for each year since, the person named did not apply to transfer the Single Payment entitlements to her own name. Consequently, no payment issued for these years and the entitlements remained unused. An application to transfer the Single Payment entitlements was received on 16 December 2010, along with a copy of Letters of Administration. Even though this application was received several months after the closing date for receipt of such applications, it will now be accepted,

327 Questions— 3 May 2011. Written Answers

[Deputy Simon Coveney.] and the entitlements will be re-instated to the person named and payment in respect of the 2010 Single payment scheme will issue in due course.

Beef Industry 513. Deputy Michael Moynihan asked the Minister for Agriculture, Fisheries and Food if he will report on his discussions at the EU Council meeting of 14 April 2011 regarding the threat the Mercosur talks pose to Ireland’s beef industry and Ireland’s concerns in this area; and the outcome of these discussions. [9377/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I asked for this topic to be added to the Agenda of the April meeting of EU Agriculture Ministers because of my deep concerns about the potential impact on EU and Irish agriculture of a trade deal with Mercosur. I wanted to reinforce the message with my Ministerial colleagues from other Member States that parts of the agriculture industry in Ireland and in other regions of the EU were under threat from a deal with Mercosur. I made the point that this was particularly the case for the beef sector in Ireland where 80% of production is exported. This industry has been built up over decades and we cannot allow it to be sacrificed in an unbalanced deal. I insisted that it would be unacceptable to make any offers to Mercosur without prior sight of the assessment and a full discussion at Council. I was heartened by the level of support I received from other Member States for my comments. They too questioned the speed at which these talks were progressing and supported my call for transparency and a thorough discussion of the impact assessment before any offers are considered. A number of my colleagues expressed concerns about the impact of a deal for other agricultural products including fruit and vegetables, wine, cereals and ethanol and called for protection for the high environmental and social standards of EU production against imported products that are subject to less onerous requirements. I also noted the response of EU Agriculture Commissioner Ciolos, who said that there was no question of offers being exchanged at this point. He said that it was important first to confirm the level of ambition of the Mercosur side and this would be done at the next round of negotiations in May and that the Commission was striving for a balanced approach with equivalent ambition from Mercosur in key sectors. He said the EU agriculture offer must be prudent and compatible with the CAP; in this regard the EU had both defensive and offensive interests. The Commissioner confirmed that the preliminary results of the impact assessment would be released at the end of April and that market access offers would be shared with Member States before they were exchanged with Mercosur. Preliminary reports of the impact analysis have since been released by the Commission and these confirm my concerns that a Mercosur deal would damage EU and Irish agriculture, with the Irish beef sector a particular casualty. I have asked the Commission to produce the full report as a matter of urgency so that it can be debated thoroughly and comprehensively with the EU Agriculture Council and directly with the Commission. The initial results bear out the need for extreme caution in these negotiations and for consistency in policies at EU level. Now that the European Council has acknowledged the importance of the EU agriculture sector as a key driver for the success of the EU 2020 strategy, we need to ensure that our policies are consistent and coherent with each other. A trade agreement with Mercosur that would allow large quantities of South American food into the EU high- value beef market, displacing Irish and European production, is not consistent with the ambition of using EU agriculture to drive economic recovery.

328 Questions— 3 May 2011. Written Answers

Beekeeping Industry 514. Deputy David Stanton asked the Minister for Agriculture, Fisheries and Food if he has carried out tests to ascertain whether the parasite varroa destructor is resistant to current treatment products available to beekeepers; his plans, if any to support the licensing of other, more effective treatments; and if he will make a statement on the matter. [9381/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Currently, two products are authorised to control varroa in Irish honeybees. My Department has carried out research to investigate possible resistance of varroa mites to treatment currently available and arising from this my Department is reviewing products containing oxalic acid, currently licensed in other EU Member States, with a view to issuing a special import licence permitting their usage in this jurisdiction for later this year, when the treatment against varroa is recommended. In addition, the Department is also co-funding (with the EU) the National Apiculture Prog- ramme which is focussed on investigating the suitability of a number of alternative products to control varroa under Irish conditions.

Stray Horses 515. Deputy David Stanton asked the Minister for Agriculture, Fisheries and Food his plans to deal with the problems of stray horses; his views on implementing measures such as electronic tags or chips to ensure that all horses are identifiable and traceable to their owners; and if he will make a statement on the matter. [9382/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): European Com- mission Regulation No. 504/2008 set out an improved system for the identification for equidae and is binding on all Member States of the European Union. All keepers of horses, passport issuing bodies and veterinary practitioners are obliged to comply with the provisions of this Regulation. The enhanced system for identifying equidae has three elements (1) an equine passport; (2) a microchip implanted in an equine to create an unequivocal link between the passport and the equine and (3) the assignment of a unique equine life number to the equine in the database of the approved passport issuing organisation. I am satisfied the approved passport issuing organisations are operating in compliance with this Regulation this country. Regulation 504/2008 requires that all equines must have a passport, foals must be identified in accordance with the Regulation within six months of birth. Keepers of equines must have passports for their animals in order to be eligible to participate in a wide range of events and activities across the equine sector e.g. thoroughbred breeding and racing, showjumping, competitions, shows, sales and also if certain veterinary medications are to be availed of. Equines cannot be considered for slaughter for human consumption unless they have a passport. With regard to the issue of stray horses the position is that Local Authorities are empowered under the Control of Horses Act 1996 to deal with problems associated with stray or wandering horses in urban and rural areas. The Act provides for a comprehensive range of measures and enables local authorities to designate control areas, require the licensing of horses within such areas and seize and detain stray and unlicensed horses and to confiscate horses which stray repeatedly. The Act also contains provisions on the identification of horses and criminal liability

329 Questions— 3 May 2011. Written Answers

[Deputy Simon Coveney.] for permitting or causing a horse to pose a danger to persons or property. The overall objective of the Act is to eliminate the problem caused by straying or wandering horses. The Minister for Agriculture, Fisheries and Food is empowered by the Control of Horses Act to make grants available to a Local Authorities towards expenses they incur in its implementation and in this regard my Department provides funding in the region of €2m per annum to assist Local Authorities in their work in implementing the Act.

Rural Environment Protection Scheme 516. Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food the position regarding REP scheme payments for 2010 in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [9394/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named commenced REPS 3 on 1 December 2006. The final payment in respect Year 5 issued on 20 April 2011.

Fishing Industry Development 517. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food the future plans for a company (details supplied) in County Kerry. [9443/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Bord Iascaigh Mhara is an independent statutory body and hence the future of the ice plant in Dingle is a matter for the Board. The Department has forwarded the request to BIM for its consideration and for a direct reply to the Deputy.

Afforestation Programme 518. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if he has seen a copy of the geological survey of Coillte lands that was carried out after the company was established; and if he will make it available to the Houses of the Oireachtas. [9445/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): My Department is currently reviewing its records since the establishment of Coillte in 1989 to ascertain the position in relation to the above and I will respond to the Deputy directly as soon as possible.

519. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if the recommendation on page 76 of the report of the review group on State assets and liabilities that unforested land surplus to Coillte’s requirements should be sold also implies that when the existing forestry has been sold that land on which no replanting takes place will also be sold. [9447/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The content and recommendations of the Report of the Review Group on State Assets and Liabilities are currently being considered by the Government. In relation to the recommendation mentioned by the Deputy, I note that it is prefaced by a statement that “We view the retention of land ownership and the use of leases rather than outright sale as an appropriate instrument to ensure the multiple benefits of forestry” and the Report then goes on to note that “[While we do not recommend in principle the sale of forest land,] Coillte possesses a substantial land area which is not forested and which may never be

330 Questions— 3 May 2011. Written Answers forested .” However, the content and recommendations merit more detailed consideration than has been possible in the short timeframe since the Report became available.

Appointments to State Boards 520. Deputy Michael Colreavy asked the Minister for Agriculture, Fisheries and Food the procedures he followed and the selection criteria used in the recent appointment of a person (details supplied) as chairman of Bord na gCon; and if he will make a statement on the matter. [9449/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I recently appointed Phil Meaney as chairman of Bord na gCon as, following extensive consultation with those with in-depth knowledge of the industry, and an assessment of his background and experience, I considered him to be eminently well qualified for the position. In addition to his involvement in the greyhound industry over a period of 25 years, including his previously held position as chairman of the Kilkenny Greyhound Company Limited, he was also involved in commercial business in Ireland in a very senior managerial capacity. The Government has decided, in the case of those being proposed for appointment as chairpersons of State Boards, that such persons will be required to make themselves available to the appropriate Oireachtas Committee to discuss the approach which they intend to take to their role as chairperson and their views about the future contribution of the body or board in question. Following that discussion, decisions will be taken by the Minister or the Government, as appropriate, whether to confirm the nominee as chairperson. In Mr. Meaney’s case, he will make himself available to the appropriate Oireachtas Commit- tee as soon as it has been established.

State Property 521. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if he will provide details of the €142 million in fixed assets he has sold in the past eight years. [9489/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I understand that the Deputy is referring to a statement in the report of the review group on State assets and liabilities about the profit on the sale by Coillte of fixed assets over the last eight years. Coillte Teoranta was established as a private commercial company under the Forestry Act, 1988 and day-to-day operational matters, such as land transactions, are the responsibility of the company. Under Section 14 of the Forestry Act 1988, Coillte is required to submit, and obtain my agreement on, an annual programme for the sale and acquisition of land and the sale of timber, whether standing or felled. In relation to the sale of land, an estimate is provided in the programme as to the area of land which the company may sell in the particular year. The land transactions, which arise in a given year, are then the responsibility of the company. As previously advised to the Deputy, I understand that the properties sold are those considered by the company not to be of strategic importance to the company’s forestry business.

Rural Environment Protection Scheme 522. Deputy Noel Harrington asked the Minister for Agriculture, Fisheries and Food if an appeal lodged by a person (details supplied) in County Cork has been determined; and if he will make a statement on the matter. [9549/11]

331 Questions— 3 May 2011. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named commenced REPS in August 2006. As a result of an on farm inspection in December 2008 the person named incurred penalties against the year 4 payment. The person named was informed of the penalty and of the right to appeal on 27 January 2010. An appeal was received on 14 June 2010. Following this review the person named was informed by letter dated 31 August 2010 that the appeal was not successful and of the right of appeal within three months to the Agriculture Appeals Office. No appeal was received on behalf of the person named in that office. All payments due in respect of both year 4 and 5 issued in November 2010.

Departmental Programmes 523. Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food the specific proposals in the Programme for Government for which he is responsible; the target dates which he has agreed in regard to the delivery of these proposals; and if he will publish an implementation schedule. [9578/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The Programme for Government prioritises the agri-food and marine sectors as a key element of driving economic growth. As the deputy is aware this Government has set out a range of actions covering the next five years aimed at growing the agri-food sector, agriculture, coastal communities, fisheries and the marine environment. There are 27 specific commitments in relation to the agri-food, forestry and marine sectors as part of our overall programme to promote economic recovery. The Food Harvest 2020 strategy which was developed by the agri-food sector and for which I have taken personal charge of implementation through the High Level Implementation Group sets out very ambitious aims including an export target of €12bn by 2020 for the sector and a 50% increase in milk production. I recently chaired my first meeting of the High Level Implementation Group and am committed to driving forward the implementation of this strategy to fully achieve the potential of the agri-food and fishing sector. I am also prioritising the ongoing EU negotiations on the Common Agricultural Policy and the Common Fisheries Policy which are likely to continue into 2012 and possibly later, a renewed forestry programme, the merging of marine responsibilities in my Department on which work is currently ongoing, the protection of Irish agri-food interests in EU trade negotiations on which I have been very active since taking office, and a variety of other issues. I am ensuring that work is progressing on all of these matters as rapidly as possible, although in some cases within timelines that are largely determined externally. I intend to indicate progress on this work at regular intervals. Many of the proposals in the programme for government are of course cross-cutting issues, some with very significant relevance to the agri-food, forestry and marine sectors. I have ensured that all such commitments within the Programme for Government have been identified within my Department and responsibilities assigned. These actions are being actively followed up in cooperation with other Departments as appropriate.

Mineral Resources 524. Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food if he will examine the viability of a proposal (details supplied); and if he will make a statement on the matter. [9616/11]

332 Questions— 3 May 2011. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): This matter does not come within the remit of my Department.

Bovine Disease Controls 525. Deputy Jim Daly asked the Minister for Agriculture, Fisheries and Food if the 60-day brucellosis testing for cattle entering county agricultural shows may be amended to 120 days in view of the fact that there has not been a reactor here for more than three years and that the measure would significantly raise the number of applicants to the shows; and if he will make a statement on the matter. [9623/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Since Ireland attained Official Brucellosis Free status in 2009, my Department has introduced a number of changes to the brucellosis testing programme which have significantly reduced the testing obligations for farmers. The changes to date include increasing the age threshold for the annual round test from 12 to 24 months and amending the round test requirement such that herds are now required to be tested only once every two years. In addition, changes made to the pre- movement test rules include increasing the testing period from 30 to 60 days, raising the age threshold for female animals from 12 to 18 months and, in view of the lower risk attached to their movement, to 24 months for bulls. My objective is that Ireland maintains its OBF status and it is important therefore to adopt a cautious approach to any further reduction in controls. in this context, any reduction in the Brucellosis testing regime is given careful consideration by my Department using risk based criteria and takes account of, on the one hand, the fact that the disease continues to be present on this island, and on the other, the desirability of removing costs both for farmers and the Department. With regard to the request to extend the pre-movement test period to 120 days for cattle entering county agricultural shows, my Department believes that the changes already made to the pre-movement test should provide the necessary flexibility but it will continue to monitor the situation over the coming months with a view to taking a decision on any further changes to the brucellosis control regime in Autumn of this year. The farming representative bodies will be consulted on any policy changes at that stage.

Grant Payments 526. Deputy John Browne asked the Minister for Agriculture, Fisheries and Food when a suckler cow grant will be paid to a person (details supplied) in County Wexford. [9625/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named registered 8 animals under the 2008 Suckler Welfare Scheme, 5 animals under the 2009 Suckler Welfare Scheme and 7 animals under the 2010 Suckler Welfare Scheme. As outlined in my Department’s letter of 7 April 2010 issued to the applicant, by joining the Scheme, each applicant undertook to carry out, and notify my Department, details of all the measures provided for in the Terms and Conditions of the Scheme for the full five years of the Scheme. As the person named did not notify my Department of any of the events required under the Scheme for 2008, he is, therefore, ineligible for payment for that year or for any future year of the Suckler Welfare Scheme.

Departmental Bodies 527. Deputy Clare Daly asked the Minister for Agriculture, Fisheries and Food the steps he will take to halt the closure of a facility (details supplied) in view of the absence of a cost

333 Questions— 3 May 2011. Written Answers

[Deputy Clare Daly.] benefit analysis or business plan to support the move, and in view of the serious impact such a proposal is likely to have on horticultural research and training in this country. [9776/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Under the Agri- culture, (Research, Training and Advice) Act, 1988, Teagasc has statutory responsibility for the provision of education, advisory and research services to the agriculture sector. It is a matter for Teagasc and its Board to prioritise activities in the delivery of these services and to allocate its resources in accordance with these priorities. Ministerial responsibility is confined to matters of policy in accordance with the Act and the Minister does not interfere in the day- to-day operations of Teagasc. Accordingly, the future of the Kinsealy Centre is an operational matter for the Teagasc Authority to consider. I am aware that the Teagasc Authority approved a major ‘Change Programme’ in 2009 to reorganise and refocus the organisation to meet the significant challenges that lie ahead. The Programme provided for rationalisation measures across the organisation including the advisory office network, research centres, disposal of surplus land and staff reductions. As part of this Change strategy, the Teagasc Authority decided to move the activities and staff based in Kinsealy to other locations with the majority transferring to the Teagasc campus in Ashtown. Teagasc has stressed that the decision to re-locate horticulture services from Kinsealy will not impact negatively on their support for the horticulture sector. They point out that most of the permanent staff located in Kinsealy are not involved in Horticulture research and training. Teagasc has produced a comprehensive ‘Horticultural Plan’ which outlines an alternative model for horticultural research that is less dependent on the traditional type of research infrastructure. They are satisfied that the needs of the ‘Horticultural Research’ programme can be adequately met from the facilities proposed for the Teagasc Centre at Ashtown and by conducting more research on producer sites. I understand that Teagasc has carefully assessed the potential costs/benefits attributable to relocating from Kinsealy to Ashtown and they are satisfied that the closure of Kinsealy will give rise to significant annual cost savings.

Direct Payment Schemes 528. Deputy Michael Lowry asked the Minister for Agriculture, Fisheries and Food if he will confirm the number of farmers awaiting their agri-environment options scheme payment in County Tipperary; the average wait for such a payment; when he expects to be in a position to make these payments; and if he will make a statement on the matter. [9788/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Some 452 farmers in Tipperary have been approved entry into the Agri-Environment Options Scheme. Under the EU Regulations governing the Agri-Environment Options Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. Payments will commence at the earliest possible date once these checks have been completed.

529. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food if a review of entitlement payment for 2010 will be carried out in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [9800/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I have made the necessary arrangements to have an official of my Department undertake a full review of this case and to contact the person named directly in this regard.

334 Questions— 3 May 2011. Written Answers

530. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food the level of rural environment protection scheme payment that will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [9821/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named commenced REPS 3 in December 2006 and received payment in respect of Year 4 on 12 May 2010. Following an inspection in November 2010 the person named was notified by letter dated 14 March 2011 of a 100% penalty on his year 5 payment. This letter also informed the person named of the right of appeal to the Agricultural Appeals Office within three months from the date of notification of the penalty. No record of appeal has been received by that office to date.

531. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food the reasons for a cut in the entitlements being paid to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [9822/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): An application under the Single Payment/Disadvantaged Areas Scheme was received from the person named on the 12th of May 2010. The person named declared 118.27 ha on this application but the declared area was reduced to 115.90 ha following a commonage review. The application was selected for a ground eligibility and full cross compliance inspection. During the ground eligibility inspection discrepancies were noted in relation to parcels numbers H20917055, H20917047, H20917056, H21408022, H21408024 and H22134039 in that inadequate deductions were made for scrub, trees and a farm roadway. As a result of the above discrepancies, the total area found post inspection and digitisation on my Department’s mapping system was 109.63 ha. The total number of entitlements held by the person named was 121.87 ha. As per the Terms and Conditions of the Single Payment Scheme, if the difference between the area found and the area declared or the number of entitlements held (if lower) is greater than 3% but not more than 20% of the area found, payment is based on the number of eligible hectares found reduced by twice the difference (in hectares). In this case, as the area declared was less than the number of entitlements held the calculation was based on the area declared 115.90 ha and the application of the penalties for the over- declaration of areas, as outlined above, resulted in the payable area being reduced to 97.09 ha. Full payment on this basis net of modulation issued to the person named on the 21st of December 2010. The person named was informed of the results of the inspection on the 4th of November 2010 and of his right to seek a review and has since contacted the District Inspector for his area in relation to same. He was also informed of his right to appeal the outcome of any review to the Independent Agriculture Appeals Office.

532. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food when a rural environment protection scheme payment will be paid to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [9823/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named commenced REPS 4 in June 2009 and received the year 1 payment in May 2010. A query relating to soil samples arose and an amended plan was requested in April 2011. The application of the person named will be processed upon receipt of the amended plan.

Greyhound Industry 533. Deputy Maureen O’Sullivan asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 79 of 31 March 2011, if he will ensure that Irish greyhounds are not exported to China if and when Bord na gCon makes a submission to do so; his

335 Questions— 3 May 2011. Written Answers

[Deputy Maureen O’Sullivan.] views that appropriate transport arrangements as per reply does not adequately answer the concerns regarding the welfare of the animals in China; and the way he envisages our national legislation and European legislation having any effect in China on animal welfare. [9876/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Bord na gCon is a commercial State Body responsible for the greyhound industry. The Board of Bord na gCon is responsible for leading and directing the activities of the Company. My Department is aware that Bord na gCon is exploring possible business opportunities in China and has been in contact with my Department is in this regard. My Department is considering the Bord na gCon proposal and will form a view based on the case presented to it. Bord na gCon has repeatedly confirmed its commitment to the highest standards of animal welfare in the greyhound industry and in considering the proposal the need to ensure the welfare of animals will be taken into account by my Department. Any proposal to export greyhounds from Ireland to China would require the establishment and agreement of export health certification protocols with the Chinese authorities and appropriate transport arrangements would have to be put in place to ensure the welfare of the animals in transit. My Department endeavours to ensure that all exporters comply with Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations. All Member States of the EU including Ireland are working to promote better animal welfare internationally and in this regard Ireland has introduced national legislation giving effect to Regulation (EC) No. 1523/2007 of the European Parliament and Council dated 11 December 2007 banning the marketing, import to or export from, the Community of cat and dog fur and products containing such fur. The commitment of this Government to animal welfare in general is beyond doubt and is reflected among the priorities in the Programme for Government.

Question No. 534 withdrawn.

Ministerial Staff 535. Deputy Brendan Smith asked the Minister for Community, Equality and Gaeltacht Affairs the detail of all permanent Civil Service or non-established positions which are in place in her Department in respect of assisting Ministers with constituency work; the monthly salaries for these positions; and if any further appointments are envisaged. [9134/11]

Minister for Community, Equality and Gaeltacht Affairs (Deputy Frances Fitzgerald): The numbers of staff currently assigned to work on constituency matters within my Department is set out in the following table. The officers in question are not paid on a monthly basis and therefore the annual salary for those officers is provided. The question of further appointments to my constituency office will be considered shortly, in line with the recently issued guidelines on the staffing of Ministerial Offices.

Staff assigned to work on constituency work in the Minister’s Office

Grade Numbers (whole-time Annual Salary equivalent)

€

Personal Assistant 1 43,715 Clerical Officer 1 36,267

336 Questions— 3 May 2011. Written Answers

Ministerial Appointments 536. Deputy Brendan Smith asked the Minister for Community, Equality and Gaeltacht Affairs if he will list the details of all State appointments open to direct choice by her on 10 March 2011. [9148/11]

Minister for Community, Equality and Gaeltacht Affairs (Deputy Frances Fitzgerald): As the Deputy will be aware, my Department was established in June 2002 and therefore the information requested in respect of 27 June 1997 is not available. The Deputy will also be aware that the functions previously vested in me, as Minister with responsibility for the Department of Community, Equality and Gaeltacht Affairs, have recently transferred to newly reconfigured Departments, with the exception of functions relating to Family Policy and consultation on Gaeltacht planning matters. It is anticipated that a draft Order will be brought to Government shortly changing the title of my Department to the Department of Children and Youth Affairs. In the context of the functions currently vested in me, as Minister with responsibility for the Department of Community, Equality and Gaeltacht Affairs, I can advise the Deputy that there were 4 vacancies of the nature referred to on the Family Support Agency as of 10 March 2011.

Ferry Services 537. Deputy Michael McCarthy asked the Minister for Community, Equality and Gaeltacht Affairs the guidelines surrounding the appointment of a ferry monitoring committee to a ferry service (details supplied) in County Cork; and if she will make a statement on the matter. [9471/11]

Minister for Community, Equality and Gaeltacht Affairs (Deputy Frances Fitzgerald): As the Deputy may be aware, functions in relation to islands that were previously vested in me, as Minister with responsibility for the Department of Community, Equality and Gaeltacht Affairs, have transferred by Order to the Minister for Arts, Heritage and the Gaeltacht with effect from 1 May 2011. Accordingly, I have requested the Minister to communicate directly with the Deputy in relation to the matter raised in the Question.

Programme for Government 538. Deputy John McGuinness asked the Minister for Community, Equality and Gaeltacht Affairs the specific proposals in the Programme for Government for which she is responsible; the target dates which she has agreed in respect of the delivery of these proposals; and if she will publish an implementation schedule. [9580/11]

Minister for Community, Equality and Gaeltacht Affairs (Deputy Frances Fitzgerald): As the Deputy will be aware, the functions previously vested in me, as Minister with responsibility for the Department of Community, Equality and Gaeltacht Affairs, have recently transferred to newly reconfigured Departments, with the exception of functions relating to Family Policy and consultation on Gaeltacht planning matters. It is anticipated that draft Orders will be brought to Government shortly transferring functions relating to Children and Youth Affairs to the Department of Community, Equality and Gaeltacht Affairs, which will subsequently be renamed the Department of Children and Youth Affairs. In relation to the functions currently vested in me as Minister with responsibility for the Department of Community, Equality and Gaeltacht Affairs, I can advise the Deputy that, in the context of my Family Policy portfolio, I will be liaising with the Minister for Justice and Equality in relation to progressing the specific commitment in the Programme for Government to encourage and facilitate the use of mediation to resolve, inter alia, family disputes in order

337 Questions— 3 May 2011. Written Answers

[Deputy Frances Fitzgerald.] to speed up resolution of disputes, reduce legal costs and ameliorate the stress of contested court proceedings. The Deputy will appreciate that the drawing up of an implementation schedule of the nature referred to by him would be premature, pending completion of the transfer of functions process in relation to my Department.

Medical Cards 539. Deputy Shane Ross asked the Minister for Health and Children if he will grant a medical card to persons (details supplied). [9172/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Community Care 540. Deputy Joe Costello asked the Minister for Health and Children his plans to reduce or close down the community welfare service at a location (details supplied); and if he will make a statement on the matter. [9181/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Health Services 541. Deputy Jack Wall asked the Minister for Health and Children if a person (details supplied) in County Kildare is entitled to travel expenses and if so the procedure that the person must take to obtain such a payment; and if he will make a statement on the matter. [9289/11]

542. Deputy Jack Wall asked the Minister for Health and Children if a person (details supplied) is entitled to travel expenses and if so the procedure that the person must take to obtain such a payment; and if he will make a statement on the matter. [9292/11]

Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos. 541 and 542 together. As the issue raised by the Deputy is a service matter, it has been referred to the Health Service Executive (HSE) for direct reply. I can advise the Deputy that the HSE is currently reviewing its policy in relation to eligibility for non-ambulance based patient transport services in order that a consistent policy is adopted nationally for these services. The need for patients to travel arises partly as a result of the consolidation of cancer services by the HSE National Cancer Control Programme (HSE NCCP). There are a number of systems of support in place for cancer patients who have to travel for treatment, through the Community Welfare Office services and the Travel2Care scheme. The Travel2Care scheme is being implemented on a phased basis in line with the transfer of cancer services to the designated centres and the approved satellite centre, where this transfer of services has caused financial hardship. This scheme, which is funded by the HSE NCCP and administered by the Irish Cancer Society, provides some financial help towards the costs of public transport such as trains or buses, private transport costs; or petrol and parking.

Preschool Services 543. Deputy Dan Neville asked the Minister for Health and Children the position regarding

338 Questions— 3 May 2011. Written Answers the preschool grant in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [9409/11]

Minister for Health and Children (Deputy James Reilly): The objective of the free Pre- School Year in Early Childhood Care and Education (ECCE) programme is to make early learning in a formal setting available to children in the year before they commence primary school. Approximately 4,300 preschool services, 95% of those operating in the State, are participating in the programme which requires appropriate age related activities and programmes to be provided to children within a targeted age range which spans almost 17 months. Children are eligible for the free Preschool Year where they are aged more than 3 years 2 months and less than 4 years 7 months in September of the relevant year and 63,000 children, or 94% of the eligible cohort, are currently availing of the programme. In setting the minimum and maximum age limits, account was taken of a number of factors, including the variation in school admission policies and the fact that the majority of children commence primary school between the ages of 4 years 6 months and 5 years 6 months. In the case referred to by the Deputy, as the child in question was born in July 2007 he will be eligible for the free Preschool Year commencing in September 2011 should his parents choose to avail of this option. I understand that this issue has been investigated by the Office of the Ombudsman for Children which found no reason to remove or amend the lower age limit, accepting it as reasonable having regard to the various factors which apply.

Services for People with Disabilities 544. Deputy Mary Mitchell O’Connor asked the Minister for Health and Children if he will ensure that a service of speech and language therapy will be provided for children with autism when they attend mainstream primary schools to bring them in line with the service children with autism receive when they attend special schools. [9678/11]

Minister for Health and Children (Deputy James Reilly): Specialist Disability services are provided to enable each individual with a disability to achieve his or her full potential and maximise independence, including living as independently as possible. Services are provided in a variety of community and residential settings in partnership with service users, their families and carers and a range of statutory, non-statutory, voluntary and community groups. Services have been developed by individual service providers or former Health Boards over time and reflect the individual experience and expertise of providers in meeting local needs. This has led to variations in the way services are configured at the local level and, in relation to the provision of therapy supports for children with disabilities, the Health Service Executive (HSE) has recognised the need to enhance the level of consistency and standardisation in the way both early intervention services and services for school-aged children with disabilities are delivered. The reconfiguration of existing therapy resources to geographic based teams for children (0-18 years) has been identified as a priority and is a ‘Key Result Area’ in the Execu- tive’s National Service Plan 2011. National, regional and local level structures are being put in place to progress this initiative, which will have a positive impact on the provision of clinical services for children with disabilities, including those with autism.

Health Services 545. Deputy Richard Boyd Barrett asked the Minister for Health and Children the number of children on the waiting list for speech and language therapists by area and the average waiting time for same. [9895/11]

339 Questions— 3 May 2011. Written Answers

Minister for Health and Children (Deputy James Reilly): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Execu- tive for direct reply to the Deputy.

Health Service Staff 546. Deputy Richard Boyd Barrett asked the Minister for Health and Children the number of speech and language therapists currently in the system and the way this compares with numbers prior to the previous Government’s moratorium on recruitment. [9896/11]

Minister for Health and Children (Deputy James Reilly): The current Employment Control Framework for the Health Sector 2011-2014 provides exemptions for a number of specific grades, including speech and language therapists, from the general moratorium on recruitment and promotion. The previous Employment Control Framework also contained similar exemptions from the moratorium which was introduced in March 2009. The current Framework provides for vacant speech and language therapist posts to be filled. In addition, it also provides for the creation of a combined total of 380 speech & language therapist, physiotherapist and occupational therapist posts, in addition to the December 2009 level for these grades. The numbers (WTE excld. career break) of speech and language therapists employed in the public health service from December 2008 to March 2011 (latest data) are as set out in the following table.

Dec 08 Dec 09 Dec 10 Mar 11

750 776 839 856

Hospital Services 547. Deputy Niall Collins asked the Minister for Health and Children if he has instructed the Health Service Executive not to close one of the operating theatres and the associated ward closure in a hospital (details supplied) in County Limerick, which is due to be implemented effective on 3 May 2011; and if he will make a statement on the matter. [10152/11]

556. Deputy Patrick O’Donovan asked the Minister for Health and Children if he will initiate a review of an announcement of the Health Service Executive to close on a temporary basis, a surgical ward and operating theatre at Croom Orthopaedic Hospital, County Limerick due to budgetary constraints within the Mid-Western Hospital Group on the basis that Croom Ortho- paedic Hospital is reported to be currently operating within budget. [9048/11]

Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos. 547 and 556 together. In common with other public services, the health services are facing significant financial challenges. The key priority for the Government and the HSE in dealing with the serious budget pressures on the health services is to minimise the effect on services for patients to the greatest degree possible. There is, however, a requirement on health agencies to take all appropriate steps to keep within budget and to take early and decisive action to ensure that potential overruns are addressed while maintaining services. As the planned activity and expenditure levels of Croom Orthopaedic Hospital during the first quarter of the year exceeded approved levels, it has become necessary for the HSE to devise proposals to address this issue. I sought an immediate briefing from the HSE on its 340 Questions— 3 May 2011. Written Answers proposals. I indicated to the Executive that it should ensure that the service plan targets for Croom are at least met and if possible exceeded. This would require a particular focus on efficiency improvements including increasing day of surgery admission rates, and additional day case work. I also insisted that outpatient waiting lists be addressed, so that patients do not have to wait for unacceptable periods of time. In response to the concerns I raised, I have now been advised by the HSE that a plan has been devised that will realise savings of €2.1m in the current year on the basis of continuing activity at current levels, with no breaches of waiting time targets for hip and knee replace- ments. This is to be achieved through a combination of efficiency measures agreed with the Clinicians as follows:

Improved management of day of admission for surgical procedures

Improved management of average length of stay

Cost control in relation to medical and surgical supplies

Improved income collection and bed management

I am pleased to say that an additional 6,000 out-patients will be seen in Croom through a series of measures in the areas of physiotherapy, pain management and other services. The combination of these measures will result in a major reduction in the numbers of patients awaiting outpatient appointments in the mid-west area. I am committed to ensuring acute hospital services at national, regional and local level are provided in a clinically appropriate and efficient manner. In particular, I want to ensure that as many services as possible can be provided safely in smaller local hospitals. Finally, I want to acknowledge the important role that Croom Orthopaedic Hospital plays as part of the health services infrastructure of the Mid-West.

Mental Health Services 548. Deputy Eric Byrne asked the Minister for Health and Children his plans to establish a national mental health directorate to oversee the reform of mental health services. [10142/11]

637. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if he has considered establishing a national mental health directorate to oversee the reform process in the field of mental health service provision. [9798/11]

Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos. 548 and 637 together. The Government has prioritised the reform of the mental health service in line with ’A Vision for Change’. The Programme for Government makes a number of commitments in relation to mental health and I am currently engaged in discussions with officials in my Depart- ment as well as the HSE with a view to delivering progress on the reform process in this area as early as possible.

Legislative Programme 549. Deputy Eric Byrne asked the Minister for Health and Children his plans to update the Mental Health Act 2001 to bring it in line with current international and human rights standards. [10143/11]

341 Questions— 3 May 2011. Written Answers

638. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children his plans to amend the Mental Health Act 2001; and if he will bring forward amendments to increase the human rights protections of persons with mental health problems. [9799/11]

Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos. 549 and 638 together. The Government is committed to a review of the Mental Health Act 2001. The review, which it is planned will commence later this year, will be informed by a human rights approach. My Department has already engaged the Health Research Board to undertake research into human rights based legislation in other jurisdictions. A wide ranging consultation will be undertaken as part of the review, where my Department will seek the views of the public, relevant stakeholders and other interested groups.

Health Service Allowances 550. Deputy Noel Coonan asked the Minister for Health and Children when a back to school clothing and footwear 2010 payment will issue to a person (details supplied) in County Tipperary; the reason for the delay in issuing same; and if he will make a statement on the matter. [9021/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Cancer Screening Programme 551. Deputy Mary Mitchell O’Connor asked the Minister for Health and Children if he will consider lowering the age of women to be included in the national breast screening programme. [9024/11]

Minister for Health and Children (Deputy James Reilly): The BreastCheck Programme provides free mammograms to all women aged 50-64. The Programme for Government includes the extension of Breastcheck to women in the 65-69 age group, in keeping with EU Guidelines on effective screening for breast cancer. The main priority for the HSE’s National Cancer Screening Service (NCSS) at present is to maximise national uptake in the 50-64 year age cohort. In the meantime women of any age who have concerns about breast cancer should seek the advice of their GP who will, if appropriate, refer them to the symptomatic breast services in one of the eight designated specialist cancer centres. The NCSS continually reviews and assesses new and emerging evidence in screening benefits, including the optimum age range for screening. In 2009 it commissioned a review of the evidence for reducing the lower screening age limit from 50 to 47 years. The review found that the effectiveness of screening below age 50 remains an issue of debate. Several randomised controlled trials in screening have included younger age groups but have not confirmed significant reduction in mortality in the 40-49 age group. The review concluded that while a reduction in screening age might be of some benefit to some younger women, the merits of extending the programme age range downwards from a population-based screening perspective are a matter of debate. The review did not change the overall position that while the case for extending the age downwards is now stronger than it used to be, the case for extending the programme to older women was still stronger. Extending the age range to 69 must therefore be the priority for the NCSS.

342 Questions— 3 May 2011. Written Answers

Long-Term Illness Scheme 552. Deputy Mary Mitchell O’Connor asked the Minister for Health and Children if he will consider adding ulcerative colitis to the list of illness covered under the long-term illness scheme. [9025/11]

Minister for Health and Children (Deputy James Reilly): 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 covered by the LTI. Under the Drugs Payment Scheme, which was introduced in 1999, no individual or family unit pays more than €120 per calendar month towards the cost of approved prescribed medicines. The scheme significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines. In addition, people who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive can take into account medical costs incurred by an individual or a family. Those who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of general practice consultations. Under the Governments proposals for Universal Health Insurance and free GP care at the point of delivery, this issue will be considered and addressed.

Medical Cards 553. Deputy Finian McGrath asked the Minister for Health and Children the position regarding a medical card in respect of a person (details supplied) in Dublin 5. [9035/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Service Staff 554. Deputy Frank Feighan asked the Minister for Health and Children his plans to introduce an early retirement scheme for nurses similar to the Health Service Executive redundancy package last November. [9040/11]

Minister for Health and Children (Deputy James Reilly): The Government is committed to bringing about a significant reduction in the number of staff across the public service over the period to 2015, to realise efficiencies in the delivery of public services and contribute to the overall correction of the national finances, while protecting front line services as far as possible. The Minister for Public Expenditure and Reform is currently considering the range of measures that will be necessary to bring about the necessary numbers reductions. Policy measures across various areas of Government activity should contribute to this overall objective and the Government will be carrying out a comprehensive review of expenditure this year to examine all areas where savings and numbers reductions might be identified. Part of the overall policy on public service numbers may involve voluntary staff exit mechanisms and the options in this regard will be considered by the Government in this overall context.

343 Questions— 3 May 2011. Written Answers

Foreign Adoptions 555. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children his plans to amend the inter-country adoption process here; and if he will make a statement on the matter. [9042/11]

Minister for Health and Children (Deputy James Reilly): The Adoption Act 2010 gives force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. In accordance with Article 46.1 of the Hague Convention, the Con- vention entered into force for Ireland on 1 November 2010. I have no plans to amend the legislation on this matter further. The Adoption Authority and the HSE continue to work to improve all adoption processes within the parameters set out under the Act.

Question No. 556 answered with question No. 547.

Health Services 557. Deputy Seán Ó Fearghaíl asked the Minister for Health and Children if he will consider correspondence (details supplied) in respect of services for a child; if the request for an MRI scan will be expedited; if the audiological services required will be delivered without delay; and if he will make a statement on the matter. [9049/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been to referred to the Health Service Executive for direct reply.

Care of the Elderly 558. Deputy Catherine Byrne asked the Minister for Health and Children, in view of the recent research produced by the Centre for Ageing Research and Development in Ireland which showed that seven out of ten older persons in nursing homes are being given inappropriate medication, the precautions or measures that are being encouraged by him to stop this potentially fatal activity; and if he will make a statement on the matter. [9061/11]

Minister for Health and Children (Deputy James Reilly): Under the Health Act 2007 statutory responsibility is given to the Chief Inspector of Social Services, part of the Health Infor- mation and Quality Authority (HIQA), for the independent inspection and registration of residential care settings for older people (nursing homes). Since 1 July 2009 all nursing homes are registered under the Health Act 2007 (Registration of Designated Centres for Older People) Regulations 2009, as amended, by the Chief Inspector. All nursing homes are inspected under the Health Act 2007 against the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009. They must also meet the National Quality Standards for Residential Care Settings for Older People in Ireland to be registered. Standards 14 and 15 and 21 are of particular relevance. They cover medication management, medication monitoring and review and responding to challenging behaviour. Ordering, Prescribing, Storing and Administration of Medicines in nursing homes is regulated under article 33 of the Care and Welfare Regulations referred to above. Nursing Homes are also required under the Care and Welfare Regulations to maintain records of all medicines kept for patients and details of dates and times administered. The Chief Inspector has the power to refuse to register, attach conditions to a registration or cancel the registration of a designated centre in the event of non-compliance with the regu-

344 Questions— 3 May 2011. Written Answers lations or the standards. My Department will shortly publish a National Policy to promote a restraint free environment in designated centres for older people.

Pharmacy Services 559. Deputy Catherine Byrne asked the Minister for Health and Children if he will outline any proposed changes to the prescription charge regime; and if he will make a statement on the matter. [9062/11]

597. Deputy Aodhán Ó Ríordáin asked the Minister for Health and Children if he will make a statement on the recent announcements regarding prescription charges. [9422/11]

Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos. 559 and 597 together. An analysis of the available research shows that prescription charges tend to reduce the use of medicines among certain patient groups. This can create negative health effects. Reducing the use of essential medicines may lead to increased hospitalisation, resulting in greater costs for the Exchequer in the long-term. It is my intention, subject to Government approval, to introduce legislation to abolish prescription charges for medical card holders.

Health Service Staff 560. Deputy Finian McGrath asked the Minister for Health and Children if the number of Health Service Executive staff on career breaks is damaging front-line service provision. [9073/11]

Minister for Health and Children (Deputy James Reilly): A career break scheme has been in operation in the HSE and, before its establishment, the health boards as part of the wider arrangements in place in the public sector. Career breaks have been offered as part wider family friendly policies in the public sector and indeed such schemes are also offered by some organisations in the private sector. A career break may be allowed for a number of reasons including family and domestic purposes (e.g. care of a relative), travel abroad, and educational purposes. While line managers are asked to facilitate applications for career breaks as far as possible, the needs of the business or service may require that some applications will have to be refused; the operation of the career break scheme is subject to the operating requirements of the HSE not being significantly adversely affected, in particular that essential service provision is not undermined. In addition, in 2009 a Special Incentive Career Break Scheme was made available for a limited period, as part of the efforts to achieve a reduction in spending on the pay bill. This special scheme provided an incentive payment of a third of gross basic pay to a maximum of €12,500 per year, for each year of the 3 year period of the career break incentive scheme. The HSE should normally reallocate or re-organise work or staff, where any vacancy arises due to a career break. The filling of vacancies arising is subject to current Government policy on public service numbers and, in particular, the Employment Control Framework in the health sector. I have been informed by the HSE that there are currently 930 individuals on or awaiting return from career break across the HSE.

Public Procurement 561. Deputy Bernard J. Durkan asked the Minister for Health and Children the current procurement procedures operated by the Health Service Executive; if those seeking to tender for purchase of supplies or supply of services are allowed to make offers in respect of individual

345 Questions— 3 May 2011. Written Answers

[Deputy Bernard J. Durkan.] items or if tenderers are encouraged to group or amalgamate the supply of items, goods or services, which could affect both competition and quality; and if he will make a statement on the matter. [9074/11]

Minister for Health and Children (Deputy James Reilly): The issue of procurement procedures operated by the Health Service Executive (HSE) is a matter for the HSE. My Depart- ment has requested the HSE to reply directly to the Deputy.

Health Service Staff 562. Deputy Bernard J. Durkan asked the Minister for Health and Children the total number of qualified registered nurses employed in the public health service on an annual basis from 2001 to date in 2011; and if he will make a statement on the matter. [9075/11]

Minister for Health and Children (Deputy James Reilly): The numbers (whole-time equivalents, excluding those on career breaks) of nurses employed in the public health service from December 2001 to March 2011 (latest data) are set out in the following table.

Dec 01 Dec 02 Dec 03 Dec 04 Dec 05 Dec 06 Dec 07 Dec 08 Dec 09 Dec 10 Mar 11

Total post- registration nurses 31,429 33,395 33,766 34,313 35,248 36,737 37,829 38,075 37,389 36,358 36,423 Total pre- registration student nurses ——————1,177 33 77 146 734

Total nursing 31,429 33,395 33,766 34,313 35,248 36,737 39,006 38,108 37,466 36,503 37,157 Note: Pre-registration nurses were not included in the health service staff census prior to 2007.

Health Service Staff 563. Deputy Aodhán Ó Ríordáin asked the Minister for Health and Children the reason the proposal by CORU to levy an annual registration fee of €350 on social workers is going ahead; and if he will make a statement on the matter. [9084/11]

Minister for Health and Children (Deputy James Reilly): CORU is the umbrella body responsible for protecting the public by regulating health and social care professionals. It includes the Health and Social Care Professionals Council and the 12 registration boards to be established under the Health and Social Care Professionals Act 2005. The Health and Social Care Professionals Council was established in March 2007 and has been working to put in place the necessary structures for registration, education and fitness to practise for the twelve health and social care professions designated in the Act. The first registration board under the Health and Social Care Professionals Council, the Social Workers Registration Board, was established in August 2010, with arrangements now being progressed to facilitate the opening of the Social Workers Register to accept registrants of the profession. CORU will announce the opening of the Social Workers Register shortly and this will mark the start of statutory registration of this profession. CORU will also formally announce the registration fee that will be applicable to registrants of the Social Workers Register in advance of the opening of this first register. The fees will be set by CORU, having regard to the requirement for the Health and Social Care Professionals Council to be self-funding. Fees are eligible for tax relief at the highest rate of tax payable by the individual. CORU has been provided with seed funding by my Department to-date but is expected to become self-funding by charging fees 346 Questions— 3 May 2011. Written Answers to meet all of its costs. Representatives from CORU, and officials from my Department, have recently met with unions representing the professions, to discuss the operation of statutory registration for the professions concerned and various issues relating to the level of registration fee. CORU will enable health and social care professionals to practice in a regulated manner while providing the highest level of patient care and service, and this positive development is very much to be welcomed.

Health Insurance 564. Deputy Jack Wall asked the Minister for Health and Children when a person (details supplied) in County Kildare will receive their European health insurance card; and if he will make a statement on the matter. [9091/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

General Medical Services Scheme 565. Deputy Gerald Nash asked the Minister for Health and Children the number of children here covered by the medical card scheme in 2010 and in 2011; and if he will make a statement on the matter. [9117/11]

Minister for Health and Children (Deputy James Reilly): The Health Service Executive (HSE) has reported to my Department that there were 34,134 and 39,022 children 0-15 years of age covered by the GMS Medical Cards and GP Visit Cards on 31 March 2010 and 31 March 2011 respectively.

Medical Cards 566. Deputy Jack Wall asked the Minister for Health and Children the position regarding an appeal against the decision not to grant a full medical card in respect of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [9121/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services 567. Deputy Niall Collins asked the Minister for Health and Children if he will arrange an appointment in respect of a person (details supplied) in County Cork. [9128/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the HSE for direct reply.

Ministerial Staff 568. Deputy Brendan Smith asked the Minister for Health and Children the detail of all permanent Civil Service or non-established positions in his Department in respect of assisting Ministers with constituency work; the monthly salaries for these positions; and if any further appointments are envisaged. [9141/11]

Minister for Health and Children (Deputy James Reilly): The numbers of staff currently assigned to constituency work within my Department is set out in the following tables. The

347 Questions— 3 May 2011. Written Answers

[Deputy James Reilly.] question of further appointments will be considered shortly in line with recently issued Guide- lines on the staffing of Ministerial Offices.

Minister, Deputy Reilly’s Office

Grade Numbers (whole time Annual Salary equivalent)

Personal Assistant 1 €48,520 4th Point Personal Assistant Scale Personal Secretary 1 €38,945.07 8th Point Personal Secretary Scale

Minister of State, Deputy Róisín Shortall

Grade Numbers (whole time Annual Salary equivalent)

Personal Assistant 1 €52,925 7th Point Personal Assistant Scale Personal Secretary 1 €34,195.12 6th Point Personal Secretary Scale Clerical Officer 1 €36,266.66 2nd LSI Clerical Officer Scale

Minister of State, Deputy Kathleen Lynch

Grade Numbers (whole time Annual Salary equivalent)

Personal Assistant 1 €52,925 7th Point Personal Assistant Scale Personal Secretary 1 €25,265.03 2nd Point Personal Secretary Scale

Ministerial Appointments 569. Deputy Brendan Smith asked the Minister for Health and Children if he will list the details of all State appointments open to direct choice by him on 10 March 2011. [9155/11]

Minister for Health and Children (Deputy James Reilly): Clarification on the details of the question is being sought from the Deputy’s office. When this is received the information requested will be forwarded to the Deputy.

Hospital Services 570. Deputy Patrick O’Donovan asked the Minister for Health and Children if he will review the case of a person (details supplied) in County Louth who is awaiting a medical procedure. [9577/11] 348 Questions— 3 May 2011. Written Answers

Minister for Health and Children (Deputy James Reilly): The Deputy’s question relates to service delivery matters and accordingly I had asked the HSE for a response on this issue. The concerns raised relate to Our Lady of Lourdes Hospital rather than the Mater Hospital. National policy in relation to colonoscopies is that all urgent cases which are assessed by a doctor as being at risk from cancer are seen within a 28 day target. In 2009 the HSE provided hospitals with national guidelines on managing colonoscopies. The guidelines included a definition to prioritise patients referred for colonoscopy services into two groups — urgent and non-urgent. I have been informed by the HSE that the Consultant Surgeon and Consultant in Emergency Medicine in Our Lady of Lourdes Hospital have reviewed this case, referring to the patient’s medical records. All requests for colonoscopy are triaged to ensure that a suitable date is given for the test, based on clinical presentation. They have concluded that the tests and treatment plans as arranged in this case are appropriate. I understand the Hospital is to correspond directly with the patient on the issues raised.

Hospitals Building Programme 571. Deputy Joe Costello asked the Minister for Health and Children when the review of the decision to build the National Paediatric Hospital will start; the terms of reference for same; when it is expected to conclude; and if he will make a statement on the matter. [9169/11]

Minister for Health and Children (Deputy James Reilly): The Government has committed, under the Programme for Government, to the construction of the New Children’s Hospital. Since my appointment as Minister, I have been engaged in discussions with my officials and with the National Paediatric Hospital Board in order to brief myself on the work done on this project to date. I want to be clear about how we can best provide the hospital in the most cost effective manner while ensuring a high quality service for our children and young people. I intend to carry out a review of the National Children’s Hospital project and will announce the details shortly. I am in the process of finalising issues around the scope of the Review. When this is complete I will decide on the appropriate approach to the carrying out of this Review. I anticipate that the review, once commenced, should take approximately four weeks to complete. It is essential that all the facts are carefully considered before a final decision is taken on the best approach. In particular I wish to be satisfied that the hospital will provide the best possible clinical outcomes for children and young people. You may rest assured that I wish to avoid any unnecessary delay to the development of this very important project.

Medical Cards 572. Deputy Joe Costello asked the Minister for Health and Children the number of persons in receipt of the medical card or the general practitioner visit card in each of the past five years; the number of refusals in each category in each of the past five years; the number granted on appeal; and if he will make a statement on the matter. [9170/11]

Minister for Health and Children (Deputy James Reilly): Details of the numbers of Medical Card and General Practitioners Visit Card holders are provided to my Department by the Health Service Executive (HSE). Details for the years 2006 to 2010 are included in the following table:

349 Questions— 3 May 2011. Written Answers

[Deputy James Reilly.]

Year No. Medical Cards No. GP Visit Cards

2006 1,221,695 51,760 2007 1,276,178 75,589 2008 1,352,120 85,546 2009 1,478,560 98,325 2010 1,615,809 117,423

The information sought by the Deputy in relation to the number of refusals in each category in each of the past five years and the number granted on appeal is not readily available. However, I have asked the HSE to supply this information to me and I will forward it to the Deputy as soon as possible.

Hospital Services 573. Deputy Mary Mitchell O’Connor asked the Minister for Health and Children if a protocol exists whereby stroke patients must be taken by ambulance to St Colmcille’s Hospital, Loughlinstown, County Dublin, if it is the nearest hospital, despite the fact that it has no thrombolysis service and that a 24-hour seven-day thrombolysis service operates in nearby St Vincent’s University Hospital; and if he will make a statement on the matter. [9171/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Health Services 574. Deputy Ciarán Lynch asked the Minister for Health and Children when a person (details supplied) in County Cork who is awaiting orthodontic treatment at St. Finbarr’s Hospital, may expect to be treated; and if he will make a statement on the matter. [9185/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the HSE for direct reply.

575. Deputy Niall Collins asked the Minister for Health and Children the full schedule of entitlements available to members of the Traveller community under his aegis; and if he will make a statement on the matter. [9216/11]

Minister for Health and Children (Deputy James Reilly): Travellers are entitled in the same way as other citizens to public health and social services. However, dedicated services to address the specific health issues that members of the Travelling community experience are delivered by the Traveller Health Units in each HSE region.

576. Deputy Michael McGrath asked the Minister for Health and Children the position regarding an appointment for an operation in respect of a person (details supplied) in County Cork. [9237/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for direct reply.

Medical Cards 577. Deputy Michael McGrath asked the Minister for Health and Children the position 350 Questions— 3 May 2011. Written Answers regarding an application for a medical card in respect of persons (details supplied) in County Cork. [9238/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Sunbeds Regulation 578. Deputy Brendan Griffin asked the Minister for Health and Children if he will proceed to regulate the importation and use of sunbeds; and if he will make a statement on the matter. [9244/11]

599. Deputy Simon Harris asked the Minister for Health and Children his views on banning the use of sunbeds for children under 18 years; and if he will make a statement on the matter. [9429/11]

631. Deputy James Bannon asked the Minister for Health and Children the position regarding the proposed legislation for the regulation of sunbeds; and if he will make a statement on the matter. [9672/11]

Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos. 578, 599 and 631 together. There has been a growing body of evidence over recent years that the use of sunbeds, especially by children, should be restricted because of the associated increased risk of skin cancer and other health problems. The World Health Organisation, the Irish Cancer Society, the Environmental Health Officers’ Association and the National Cancer Control Programme in the HSE have all expressed concern about the use of sunbeds. Within the coming weeks, I will seek Government approval to prepare legislation to regulate sunbed use, in particular to prohibit their use by those under 18 years of age. Other proposals include ensuring that adequate protective eyewear is provided, that information on the health risks associated with sunbeds use is provided, and prohibiting sunbed outlets and retailers from attributing health benefits to sunbed use. My Department has already completed a considerable body of work in relation to the proposed legislation. Subject to Government approval, work will proceed on drafting the required legislation. My aim is that the legislation will be initiated in the Oireachtas before the end of this year.

Health Service Staff 579. Deputy Brendan Griffin asked the Minister for Health and Children if fourth year student nurses will be paid for their work placements; and if he will make a statement on the matter. [9248/11]

Minister for Health and Children (Deputy James Reilly): I recently approved a review of the rationale for the abolition of payments to student nurses during their fourth year pre- registration rostered placement. As part of this review, my Department has sought the views of the relevant nursing unions. The Deputy may wish to note that the review does not encompass the arrangements for student nurses undertaking a rostered placement in 2011 under which they are paid 76% of the starting pay of a staff nurse.

Care of the Elderly 580. Deputy Eric Byrne asked the Minister for Health and Children if funding can be reallo-

351 Questions— 3 May 2011. Written Answers

[Deputy Eric Byrne.] cated to salaries, programme costs and overheads to extend the Friendly Call Service (details supplied) until June 2012. [9256/11]

Minister for Health and Children (Deputy James Reilly): The Deputy will be aware that this particular project relates to Dormant Account funding. I have asked officials in my Department to make enquiries in relation to the matter, in conjunction with the HSE and other relevant Dormant Account funding stakeholders.

Neurological Services 581. Deputy Brian Walsh asked the Minister for Health and Children his plans to improve neurological care services; if he has considered the recommendations contained in the Neuro- logical Alliance of Ireland’s Thinking Ahead campaign; and if he will make a statement on the matter. [9257/11]

Minister for Health and Children (Deputy James Reilly): In 2010 the Director of the Office of Clinical Strategy and Programmes in the HSE met the Irish Consultant Neurologists’ Associ- ation (Neurology Faculty) to discuss how best to move neurological services forward in Ireland. Following discussions it was agreed to appoint a number of Neurologists to lead three key national programmes, giving neurological care a major focus in the HSE. The first programme deals with neurology out patient departments and aims to provide standardised care for neurology patients and to increase access so that patients will not wait more than 30 days for an appointment. The programme will establish referral guidelines and encourage the increased use of neurolink. The second programme deals with epilepsy services and aims to introduce rapid access clinics to assist with admission avoidance and reduce the number of attendances to emergency departments. This will include the introduction of twenty four hour, seven day a week telephone access to expert opinion for all health care professionals. The HSE’s service plan has made provision for the recruitment of twenty epilepsy specialist nurses to provide satellite/outreach services to patients. The third programme deals with stroke services and aims to establish robust clinical governance systems for stroke care, including local stroke teams and regional stroke networks. This is due to include access to safe and effective stroke thrombolysis in all hospitals admitting acute stroke on a twenty four hour, seven day a week basis. The HSE’s service plan also provides for the establishment of nine new acute stroke units in hospital admitting significant numbers of stroke patients. The setting up of these programmes shows the importance that the HSE gives to neurological care and its commitment to improving access to neurological services. Furthermore, the HSE has emphasised to my Department that all national programmes, including those concentrating on neurology, will have a focus on patient advocacy. These inter- related programmes aim to improve service quality, effectiveness and patient access and to ensure that patient care is provided in the service setting most appropriate to individuals’ needs. I am being briefed by my Department and the HSE on these important clinical programmes and on the organisation of acute services in each region. I welcome the action plan for neurological care by the Neurological Alliance of Ireland, which emphasises the importance of neurological care and raises many issues that these Neurol- ogy programmes will address, including a comprehensive plan for improving neurological care including acute services and increasing staffing.

352 Questions— 3 May 2011. Written Answers

The action plan includes reference to access to neurological rehabilitation services. My Department is in the process of finalising a National Policy and Strategy for the delivery of Neuro-Rehabilitation Services in Ireland 2011-2015. The Health Service Executive’s National Service Plan for 2011 also includes a commitment to:

— target people waiting for a neurology out-patient appointment,

— appoint a national clinical lead for neuro-rehabilitation,

— establish an implementation structure and develop an implementation plan for neuro-rehabilitation.

Care of the Elderly 582. Deputy Tom Fleming asked the Minister for Health and Children if the necessary funding will be made available to allow Valentia Community Hospital, County Kerry, to serve the needs of the island and the Iveragh Peninsula in the same way as it has done for the past 140 years. [9273/11]

Minister for Health and Children (Deputy James Reilly): Valentia Community Hospital provides long-term and respite care to older people. It is run by a voluntary organisation, Valentia Community Health and Welfare Association Ltd. In the past, Valentia Community Hospital would have been allocated a lump sum annually by the HSE. As you are aware, the Nursing Homes Support Scheme, A Fair Deal, was introduced in October 2009 in order to address the fundamental inequity in the treatment of public and private long-term nursing home residents and to alleviate the financial hardship being experienced by long-term residents in private nursing homes. Prior to the introduction of the Fair Deal scheme, many people in long-term nursing home care experienced unaffordable care costs over periods of many years. The result was that many people had to sell or re-mortgage their houses or had to turn to family and friends in order to find the money to meet their care costs. A fundamental purpose of the scheme, therefore, was to offer assurance to one of the most vulnerable groups in society —those in need of long-term nursing home care —that such care will be affordable and will remain affordable for as long as they need it. In order to achieve these objectives of equity and affordability, Fair Deal involves a fundamental change in the way in which long-term nursing home care is funded and, consequently, the way in which nursing homes and community hospitals are funded. The new scheme supports the individuals in need of long-term nursing home care, not the facilities providing the care. This means that money follows the patients, regardless of whether they choose public, private or voluntary nursing homes. It ensures that these facilities are not being funded for empty beds. In order to qualify for the scheme, all private and voluntary nursing homes, including Valen- tia Community Hospital, must negotiate and agree a price for the cost of care with the National Treatment Purchase Fund. This is a necessary feature of the scheme due to the commitment by the State to meet the full balance of the cost of care over and above a person’s contribution. As stated above, the Nursing Homes Support Scheme only applies to long-term nursing home care. Valentia Community Hospital can continue to have separate agreements with the HSE for the provision of other services, e.g. day care, respite and convalescence. There are

353 Questions— 3 May 2011. Written Answers

[Deputy James Reilly.] ongoing discussions between the Board of Management of Valentia Community Health and Welfare Association Ltd. and the HSE with regards to future service provision. I understand that the Board of Management is currently considering its options and will be supported by the HSE in its decisions. Finally, the Government is committed to implementing a comprehensive programme of health reform. The aim of this reform process is to deliver a single-tier health service that will deliver equal access to care based on need, not income. The detailed implementation arrangements will be subject to careful examination and I intend to consult widely throughout this process. The Government has set clear goals for the health service, namely:

— a universal health care system with access based upon need,

— more care delivered locally through strengthened primary care, and

— greater transparency and incentives regarding performance.

The Nursing Homes Support Scheme will be considered in the context of the overall reforms currently being contemplated. In the meantime, the scheme will continue to apply to long-term nursing home care and, consequently, money will follow the patients.

Health Service Staff 583. Deputy Noel Harrington asked the Minister for Health and Children his plans regarding ongoing training and possible internships for qualified physiotherapists; and if he will make a statement on the matter. [9274/11]

Minister for Health and Children (Deputy James Reilly): Clinical education is an essential component of the physiotherapy degree programme. Undergraduate students must complete a minimum of 1,000 clinical placement hours as part of their undergraduate qualification. The current minimum standards for practice education require students to complete sufficient hours of supervised clinical practice to ensure the integration of theory into practice. These placements are arranged to ensure that all students have adequate exposure to key aspects of practice in relevant settings in order to equip and enable them to practice safely and in a manner which will ensure the provision of high-quality interventions. The Health Service Executive encourages and provides for the continuing professional development of all relevant health and social care professionals employed in the health service. I have asked my Department to examine how this gap in training can be addressed so as to allow the seamless passage of physiotherapists to the community where they are sorely needed.

Services for People with Disabilities 584. Deputy Brian Walsh asked the Minister for Health and Children if he will classify Down Syndrome as a disability in respect of all children with the condition in order to facilitate access to early intervention services; and if he will make a statement on the matter. [9275/11]

Minister for Health and Children (Deputy James Reilly): Children with Down’s Syndrome are generally classified as having an intellectual disability. The majority of children and adults within the mild level of intellectual disability who have support needs can be effectively supported within generic or mainstream child and adult health services. Aproportion representing those with assessed need for specialist services are referred to intellectual disability services.

354 Questions— 3 May 2011. Written Answers

Specialist Intellectual disability services are primarily targeted towards people with moderate, severe and profound levels of intellectual disability. However, some people with mild intellectual disability have specialist needs that will require specialist service supports. Decisions regarding the provision of services are not based simply on a person’s level of intellectual disability; best practice in the HSE is to assess each individual case and make the best decisions in relation to that case.

Health Service Staff 585. Deputy Michael McCarthy asked the Minister for Health and Children his views regarding the practice of retired health service officials being re-engaged by the health service to carry out consultancy work; and if he will make a statement on the matter. [9276/11]

Minister for Health and Children (Deputy James Reilly): It is a specific condition of the 2009 Incentivised Scheme for Early Retirement and 2010 Voluntary Early Retirement and Voluntary Redundancy schemes that persons who availed of the schemes are not eligible for re-employment in the public health sector. In the case of the 2010 schemes this restriction was extended to include the wider public service as well as bodies funded wholly or mainly from public funds. In the case of the Voluntary Redundancy scheme the re-employment restrictions applies for seven years, after which the approval of the Minister for Finance is required in any cases where re-employment is proposed. The restrictions also apply to re-employment on a contract for service basis in respect of all schemes. It is sometimes necessary for the HSE to re-engage retired staff on a short-term basis for a variety of reasons, primarily to ensure the provision of locum cover in front-line services. Former staff members may also be engaged on time-limited basis to sit on interview boards for staff appointments. Abatement provisions are applied to any situation where a pensioner is re- engaged, to ensure that the combination of his/her pension and salary does not exceed the remuneration payable to a serving staff member at the same level. I consider that, other than in the circumstances I have outlined, the re-engagement of retired management or administrative staff members on a consultancy basis is not appropriate and should be contemplated only in the most exceptional circumstances.

Health Services 586. Deputy Jack Wall asked the Minister for Health and Children the position regarding an application for home care package in respect of a person (details supplied); and if he will make a statement on the matter. [9281/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Foreign Adoptions 587. Deputy Liam Twomey asked the Minister for Health and Children if she is in discussions with Russia regarding inter-country adoption; and if he will make a statement on the matter. [9296/11]

Minister for Health and Children (Deputy James Reilly): The Adoption Act 2010 gives force of law to the Hague Convention on the Protection of Children and Co-Operation in respect of Inter-Country Adoption. In accordance with Article 46.1 of the Hague Convention, the Con- vention entered into force for Ireland on 1 November 2010.

355 Questions— 3 May 2011. Written Answers

[Deputy James Reilly.]

Under the Adoption Act 2010, inter-country adoptions can be effected with other countries which have ratified the Hague Convention or with which Ireland has a bilateral agreement. The purpose of this is to ensure that the highest standards of child protection apply to all adoptions, as Hague countries have signed up to a set of minimum standards. Russia has not ratified the Hague Convention and there are no indications that it has plans to do so. In these circumstances, adoptions from Russia from the 1 November 2010 onwards can only be effected under a transitional provision that enables prospective adoptive parents to proceed with an adoption from a non-Hague or non-bilateral country if prior to 1 November they had been issued with a Declaration of Eligibility and Suitability to adopt. In such cases the Adoption Authority must be satisfied that the particular adoption meets all the standards of the Hague Convention. The Office of the Minister for Children and Youth Affairs has had preliminary exploratory discussions with its Russian counterparts on some legal issues in relation to a bilateral agreement. However, the negotiation of a bilateral agreement in primarily the responsibility of the Adoption Authority, who have indicated that, as the purpose of the Hague Convention is to promote high standards in inter-country adoption, their first priority is to reach agreements on arrangements with other Hague countries. If discussions on a bilateral agreement with Russia commence it is important to understand that there re a number of key requirements that would have to be satisfied, including that there should be no fees other than reasonable administrative fees, that care within Russia should have been sought for a child eligible for adoption and that the birth family must have given informed consent. If any of these requirements cannot be met, it will not be possible to enter into a bilateral agreement. The Office of the Minister for Children and Youth Affairs will continue to support the Adoption Authority as required in its work of dealing with countries of origin.

Medical Cards 588. Deputy Paul J. Connaughton asked the Minister for Health and Children when a medical card will issue in respect of a person (details supplied); and if he will make a statement on the matter. [9304/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

589. Deputy Patrick O’Donovan asked the Minister for Health and Children if a recently awarded general practitioner visit card can be upgraded to a medical card in respect of a person (details supplied) in County Limerick. [9325/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

590. Deputy Brendan Ryan asked the Minister for Health and Children if he will review an application for a medical card in respect of a person (details supplied) in County Dublin with a view to granting the card immediately; and if he will make a statement on the matter. [9328/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

356 Questions— 3 May 2011. Written Answers

Health Services 591. Deputy Andrew Doyle asked the Minister for Health and Children the tender procedure for the provision of home services for the Health Service Executive; the specific requirements that must be met by potential bidders; the processes in place for providers to re-apply if unsuccessful or be placed on a preferred provider list for future work; and if he will make a statement on the matter. [9330/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply.

592. Deputy Ciarán Lynch asked the Minister for Health and Children if he will consider including in the long-term illness scheme or the drug refund scheme the cost of a vitamin treatment required by a person (details supplied) in County Cork; and if he will make a statement on the matter. [9357/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the HSE for direct reply.

Hospitals Building Programme 593. Deputy Aodhán Ó Ríordáin asked the Minister for Health and Children the status of the new Central Mental Hospital; and if he will make a statement on the matter. [9369/11]

Minister for Health and Children (Deputy James Reilly): This Government is keen to progress the development of a new Central Mental Hospital. The HSE is preparing a business case for the project which will include consideration of the funding and site options to deliver the new hospital.

Health Services 594. Deputy James Bannon asked the Minister for Health and Children when a person (details supplied) in County Longford will be called for an operation at the Orthopaedic Hospital, Tullamore; and if he will make a statement on the matter. [9388/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been to referred to the Health Service Executive for direct reply.

Health Service Staff 595. Deputy James Bannon asked the Minister for Health and Children if he and the Health Service Executive will make the temporary position of pharmacist at the Midlands Regional Hospital, Mullingar, County Westmeath, permanent; and if he will make a statement on the matter. [9389/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been to referred to the Health Service Executive for direct reply.

Domestic Violence 596. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the reason for the withdrawal of core funding for SAFE Ireland; the reason for the Health Service Execu- tive’s refusal to move Safe Ireland and its funding to Cosc; and if he will reverse this decision immediately in view of the serious implications it will have for victims of domestic violence. [9415/11]

357 Questions— 3 May 2011. Written Answers

601. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if his attention has been drawn to the fact that the Health Service Executive has made a decision to withdraw the core funding of SAFE Ireland, with the result that all of its staff are to be made redundant at the end of May 2011; if his further attention has been drawn to the vital support, co-ordination and leadership role this national body plays for local front-line services responding to domestic violence; and the steps he will take to restore this funding directly or arrange for the release of its funding to COSC. [9455/11]

Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos. 596 and 601 together. The HSE, as per its statutory responsibility, is the relevant funding body for health services, and is committed to funding organisations that provide Domestic, Sexual and Gender-based Violence services. Based on the level of resources available, and taking into account significant progress in the area of inter-agency coordination and partnership, the HSE is looking at ways to meet the needs of victims of domestic and sexual abuse as effectively as possible, and to ensure that value for money and accountability are paramount, and that any duplication is avoided. My officials, in conjunction with the HSE, are examining this review process and will revert back to me with more detailed information in a matter of weeks so that I can satisfy myself as to the nature of these arrangements. In the meantime, SAFE Ireland’s funding in its current form is secure until the end of June 2011.

Question No. 597 answered with Question No. 559.

Health Service Investigations 598. Deputy Emmet Stagg asked the Minister for Health and Children the outcome of the Trust in Care policy independent investigation and the recommendations that have been made. [9425/11]

Minister for Health and Children (Deputy James Reilly): As this is an investigation commissioned by the HSE under their Trust in Care policy into an individual case, it has been referred to the HSE for attention and direct reply to the Deputy.

Question No. 599 answered with Question No. 578.

Medical Cards 600. Deputy Brendan Griffin asked the Minister for Health and Children if a medical card will be provided in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [9442/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Question No. 601 answered with Question No. 596.

Intellectual Disability Guidelines 602. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if standard guidance for the evaluation, treatment and monitoring of children with 1p36 deletion syndrome in Ireland like those advocated by the American Academy of Pediatrics exist; and if so if he

358 Questions— 3 May 2011. Written Answers will give an account of same and if not the steps he will take to arrange for the production of guidance that could be made available to both health professionals and parents. [9477/11]

Minister for Health and Children (Deputy James Reilly): The information requested by the Deputy is not readily available in my Department. Therefore I have asked the Health Service Executive to supply the necessary information to me and I will forward it to the Deputy as soon as possible.

Hospital Waiting Lists 603. Deputy Billy Timmins asked the Minister for Health and Children the position regarding an operation in respect of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [9482/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been to referred to the Health Service Executive for direct reply.

Sudden Cardiac Death Syndrome 604. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the position regarding the 75 recommendations of the task force report on sudden cardiac death all of which were to be implemented by the end of 2010 including those which have been fully implemented and those which have not; and for those recommendations that have not been fully implemented and the reason for same. [9488/11]

Medical Cards 605. Deputy Brendan Ryan asked the Minister for Health and Children if a medical card will be approved on appeal in respect of a person (details supplied) in County Dublin; the reason the card was granted and then withdrawn; and if he can expedite a response. [9490/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services 606. Deputy David Stanton asked the Minister for Health and Children his plans to open a specialist dedicated full-time public Alzheimer’s unit in the Cork area; and if he will make a statement on the matter. [9492/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Medical Cards 607. Deputy John McGuinness asked the Minister for Health and Children the position regarding an application for a full medical card in respect of a person (details supplied) in County Kilkenny and when a decision will issue. [9501/11]

359 Questions— 3 May 2011. Written Answers

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospital Waiting Lists 608. Deputy John McGuinness asked the Minister for Health and Children the reasons for the delay in confirming a date for an operation in respect of a person (details supplied) in County Kilkenny and if he will arrange an earlier date. [9502/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for direct reply.

Health Services 609. Deputy Gerry Adams asked the Minister for Health and Children the number of children who require occupational therapy, physiotherapy and speech therapy services in County Louth and East Meath area respectively; and if he will make a statement on the matter. [9522/11]

610. Deputy Gerry Adams asked the Minister for Health and Children the number of children who are in receipt of occupational therapy, physiotherapy and speech therapy services in County Louth and East Meath area respectively; and if he will make a statement on the matter. [9523/11]

611. Deputy Gerry Adams asked the Minister for Health and Children the total cost of the provision of occupational therapy, physiotherapy and speech therapy services in County Louth and East Meath area respectively; and if he will make a statement on the matter. [9524/11]

612. Deputy Gerry Adams asked the Minister for Health and Children the estimated total cost of appropriate provision of and appropriate level of occupational therapy, physiotherapy and speech therapy services to all children who need it in County Louth and East Meath area respectively; and if he will make a statement on the matter. [9525/11]

623. Deputy Gerald Nash asked the Minister for Health and Children his plans regarding the waiting list of nearly 60 persons for clinical psychologist assessment by the Louth autism team; and if he will make a statement on the matter. [9572/11]

Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos. 609 to 612, inclusive, and 623 together. As the Deputies questions relate to service matters I have arranged for the questions to be referred to the Health Service Executive for direct reply to the Deputies.

Ministerial Engagements 613. Deputy Gerry Adams asked the Minister for Health and Children if he has received a request for a meeting from Special needs Active Parents in County Louth; and when he will meet with them. [9526/11]

Minister for Health and Children (Deputy James Reilly): I have not received a request for a meeting with the group Special Needs Active Parents in County Louth but can confirm that Minister of State Kathleen Lynch has received a request and that the matter is under consideration.

360 Questions— 3 May 2011. Written Answers

Health Service Staff 614. Deputy Gerry Adams asked the Minister for Health and Children the total number of occupational therapists, physiotherapists and speech therapists in County Louth and East Meath area in 2007, 2008, 2009 and 2010 respectively; and if he will make a statement on the matter. [9528/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Mental Health Services 615. Deputy Eoghan Murphy asked the Minister for Health and Children his views on whether the level of after-care support for mental health patients is adequate; and the steps he will take to further the availability of such after-care support for those who need it. [9535/11]

616. Deputy Eoghan Murphy asked the Minister for Health and Children his plans to prioritise crisis intervention services and mental health reform. [9537/11]

617. Deputy Eoghan Murphy asked the Minister for Health and Children the additional resources he will devote to emotionally unstable personality disorder. [9538/11]

Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos. 615 to 617, inclusive, together. The Government is committed to reforming our model of healthcare delivery so that more and better quality care is delivered in the community. It is my intention that over time access to modern mental health services in the community will be significantly improved. It is proposed to ring-fence €35m annually from within the health budget to develop community mental health teams and services to ensure early access to more appropriate services for both adults and children. It is envisaged that the provision of improved community based services will ensure that people with mental health problems receive the treatment and after-care support needed to facilitate recovery.

Hospital Services 618. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the level of funding available for orthopaedic surgeries each year for the past five years. [9550/11]

619. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the number of orthopaedic surgeries undertaken in public hospitals each year for each of the past five years. [9551/11]

620. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the number of orthopaedic surgeries undertaken under the National Treatment Purchase Fund each year for the past five years. [9552/11]

621. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the number of persons currently on waiting lists for orthopaedic surgery. [9553/11]

622. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if he has investigated or if his attention has been drawn to the fact that private hospitals are predominantly taking on less complicated orthopaedic surgeries compared with the public hospitals. [9554/11]

361 Questions— 3 May 2011. Written Answers

Minister for Health and Children (Deputy James Reilly): I propose to take Questions Nos. 618 to 622, inclusive, together. The following table sets out the information requested by the Deputy:

Year HSE Orthopaedic Value of HSE Number of NTPF SurgeriesCarried Out SurgeriesCarried Out Orthopaedic Procedures

€

2006 37,166 256,148,552 1,601 2007 39,278 290,032,625 2,028 2008 37,859 290,361,713 1,880 2009 37,818 276,932,530 1,677 2010 38,228 281,667,584 1,862

The number of surgical procedures is based on cases recorded on HIPE/Casemix as orthopaedic or paediatric orthopaedic procedures typically carried out in an operating theatre and both inpatient and day cases are included. Medical cases are specifically excluded. The values are for cases and day cases only and specifically exclude outpatient, emergency department, depreciation and capital costs. As financial returns are not yet completed for 2010, this value has been estimated using the 2010 activity data and the 2009 casemix costs per case. The table below sets out the number of patients currently for orthopaedic surgery at 31 March 2011:

Orthopaedic Waiting Lists — March 2011

3-6 Months 6-12 Months >12 Months Total Waiting New Hospital Referrals

Day Case 747 399 85 1,231 1,396 Elective In-patient 1,071 776 166 2,013 1,520

National waiting data is managed by the National Treatment Purchase Fund. Patients are placed on the national database 3 months after being referred for treatment. Prior to that, they are classified as new hospital referrals. In relation to the Deputy’s question regarding private hospitals taking on less complicated orthopaedic surgeries compared with public hospitals, I have not seen any evidence to support this. However, if the Deputy has specific evidence in his possession I would welcome the opportunity to examine it. I see a role for smaller county hospitals performing more of these procedures where appropriate.

Question No. 623 answered with Question No. 609.

Programme for Government 624. Deputy John McGuinness asked the Minister for Health and Children the specific proposals in the Programme for Government for which he is responsible; the target dates which he has agreed in relation to the delivery of these proposals; and if he will publish an implementation schedule. [9587/11] 362 Questions— 3 May 2011. Written Answers

Minister for Health and Children (Deputy James Reilly): There are a number of items in the Programme for Government which I have identified as requiring priority attention. These are as follows:

• the establishment of a Special Delivery Unit based on the successful Northern Ireland model to assist in reducing waiting times for admissions from Emergency Departments, elective admissions and out-patient appointments;

• the publication of a detailed plan to ensure that our hospitals can cope with the increased demand for Emergency Department services next winter;

• the establishment of a new corporate governance structure for the health services;

• the introduction of a cervical cancer vaccination catch up programme for all girls in secondary school to begin in September 2011; and

• the initiation of discussions with stakeholders on the Government’s reform programme. The specific timeframes for action in these areas will be considered and identified in the coming months.

Health Services 625. Deputy Michael McGrath asked the Minister for Health and Children the position regarding an outpatient appointment in respect of a person (details supplied) in County Cork. [9610/11]

Minister for Health and Children (Deputy James Reilly): The management of outpatient waiting lists is a matter for the HSE and the individual hospitals concerned. I have, therefore, referred the Deputy’s question to the Executive for direct reply.

Mental Health Services 626. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if the budget for mental health of €708 million contained in the Health Service Executive’s service plan for 2011 has been or will be cut; and if so, the amount of same and if he sanctioned the cut. [9613/11]

Minister for Health and Children (Deputy James Reilly): The Health Service Executive submitted its National Service Plan for 2011 to the then Minister for Health and Children on 17th December 2010. This plan set out a budget of €708 million for Mental Health Services for the year, and was approved by the then Minister on 21st December 2010 under Section 31(8) of the Health Act 2004. Despite significant global budget reductions applied to the HSE in 2011, the reduction of funding for mental health services is limited to 1.8% in the current year. This amount was determined on the basis of reducing costs while maintaining, in so far as practicable, the level of services approved in 2010 and will be spent in line with nationally agreed policy for mental health services. If the Health Service Executive proposes to amend a Service Plan it must submit its proposed amendment to me as Minister for my consideration. The HSE has made no proposals to me along the lines suggested by the Deputy.

Health Promotion 627. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if he is

363 Questions— 3 May 2011. Written Answers

[Deputy Caoimhghín Ó Caoláin.] satisfied with the way the Health Service Executive’s health promotion officers are working with regional development officers from the Department of Education and Skills via the social personal health education programme in the promotion of health education for young children in schools; and if he will make a statement on the matter. [9614/11]

Minister for Health and Children (Deputy James Reilly): I have asked the Health Service Executive (HSE) to provide me with a report on the operation at local level of the partnership with the Department of Education and Skills in delivering the Social Personal and Health Education programme in schools. I will respond to the Deputy as soon as I have the necessary information from the HSE.

Home Help Service 628. Deputy Jim Daly asked the Minister for Health and Children if there are any home help or emotional supports available to a family struggling to cope with newly born triplets; and if he will make a statement on the matter. [9622/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter the question has been referred to the HSE for direct reply.

Medical Cards 629. Deputy Martin Ferris asked the Minister for Health and Children when a person (details supplied) will receive their medical card. [9635/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

630. Deputy James Bannon asked the Minister for Health and Children the reason a medical card has been withdrawn in respect of a person (details supplied) in County Longford; the reason this card has not been reissued; and if he will make a statement on the matter. [9669/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Question No. 631 answered with Question No. 578.

Magdalene Laundries 632. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the amount of funding he has paid in each of the past five years to the four religious orders involved in the Magdalene Laundries (details supplied); the purpose of the funding; and if he will make a statement on the matter. [9711/11]

Minister for Health and Children (Deputy James Reilly): My Department does not routinely fund voluntary organisations for services provided. Some of the organisations referred to by the Deputy are involved in the provision of health services, and are funded directly for such services by the Health Service Executive. Information in relation to this funding is not readily available. However I have asked the Health Service Executive to supply this information to me and I will forward it to the Deputy as soon as possible. In addition, a discretionary National Lottery fund is administered by my Department and in 2010 the Good Shepherd Services in Cork received €1,500 towards training costs.

364 Questions— 3 May 2011. Written Answers

Health Services 633. Deputy Michael McGrath asked the Minister for Health and Children the position regarding an outpatient appointment in respect of a person (details supplied) in County Cork. [9735/11]

634. Deputy Jack Wall asked the Minister for Health and Children when a person (details supplied) in County Kildare will receive an occupational therapist visit; and if he will make a statement on the matter. [9763/11]

Minister for Health and Children (Deputy James Reilly): As this is a service matter, it has been to referred to the Health Service Executive for direct reply.

635. Deputy Michael McGrath asked the Minister for Health and Children when a child (details supplied) in County Cork will be assessed by a service provider. [9796/11]

636. Deputy Michael McGrath asked the Minister for Health and Children when a child (details supplied) in County Cork will be assessed by a service provider. [9797/11]

Question No. 637 answered with Question No. 548.

Question No. 638 answered with Question No. 549.

Departmental Appointments 639. Deputy Brendan Griffin asked the Minister for Health and Children the position relating to interviews that were held by the National Applications Bureau on behalf of the Health Service Executive recently; the appointments that will be made as a result of these interviews; the total cost of the interviewing process; and if he will make a statement on the matter. [9829/11]

Minister for Health and Children (Deputy James Reilly): I assume that the Deputy’s question is referring to the Public Appointments Service. If the Deputy would like to provide more information as to which interviews and appointments he is referring to, I will be happy to have the HSE respond to the query.

Health Services 640. Deputy Joan Collins asked the Minister for Health and Children if he will review the case of a person (details supplied) in Dublin 12. [9858/11]

365 Questions— 3 May 2011. Written Answers

641. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children further to Parliamentary Questions Nos. 222 of 29 June 2010 and 151 of 3 November 2010, when a reply will issue from the Health Service Executive. [9862/11]

Minister for Health and Children (Deputy James Reilly): A report from the HSE on the matters referred to has been received by my Department in the past week. The report is now under consideration in my Department.

Water Fluoridation 642. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if his attention has been drawn to the fact that most European countries have rejected the practice of fluoridation of water supplies; if his further attention has been drawn to studies linking fluoridation with various health problems; the steps he will take to end the practice; and if he will make a statement on the matter. [9890/11]

Minister for Health and Children (Deputy James Reilly): The Forum on Fluoridation, which was established by the Minister for Health and Children in 2000, advised in 2002 that the fluoridation of public piped water supplies should continue as a public health measure. The Irish Expert Body on Fluorides and Health, which was established in 2004, monitors new and emerging issues on fluoride and its effects on health and related matters. The Expert Body advises that the balance of scientific evidence worldwide confirms that water fluoridation, at the optimal level, does not cause any ill effects and continues to be safe and effective in protecting the oral health of all age groups. I have no plans to discontinue the policy of fluoridation of public water supplies, which continues to make an effective contribution to oral health in Ireland.

Road Network 643. Deputy Simon Harris asked the Minister for Transport, Tourism and Sport the reason no funding was allocated by his immediate predecessor to former town commission areas under the footpath restoration programme; and if he will make a statement on the matter. [9548/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The improvement and maintenance of regional and local roads is a statutory function of each local authority in accordance with the provisions of section 13 of the Roads Act 1993. Works on such roads are a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. The initial selection and prioritisation of works to be funded is also a matter for the local authority. A total of €375.176 million has been allocated for the maintenance and improvement of regional and local roads in 2011. This overall amount is down 9% on the allocations provided to local authorities in 2010 and as a result my predecessor took the view that it was not possible to make special block grants for footpath repairs for 2011. Instead, over 85% of the grant monies available this year is being directed towards repair and maintenance works arising in particular from the impacts of the severe weather. I intend to review the overall position in time for the 2012 allocations.

366 Questions— 3 May 2011. Written Answers

Rights of Seafarers 644. Deputy Dessie Ellis asked the Minister for Transport, Tourism and Sport the steps he will take to address exploitation of workers in the maritime sector; and if he will make a statement on the matter. [9026/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The terms and conditions of employment on board vessels are a matter primarily for the State in which a ship is registered. A comprehensive body of Irish employment rights legislation governs the conditions of employment of workers on board vessels under the Irish flag. This would include legislation dealing with minimum wages. If a vessel is not registered in Ireland, then the Port State control inspections cover the International Maritime Organisation’s various Safety and Environment Protection Conventions as well as the International Labour Organisation Conventions. The inspection of the latter includes the welfare of the crew (food, accommodation, hours of work etc.) but would exclude rates of pay. Ireland has consistently supported the International Labour Organisation in its efforts to promote global labour standards for seafarers. A new consolidated Maritime Labour Convention (MLC) was adopted in February 2006 at the 94th International Labour Conference in Geneva, Switzerland. Ireland was represented at the Conference by a tripartite delegation consisting of Government officials, nominees of employers (IBEC) and of workers (ICTU). The new Convention sets out clear principles and rights for seafarers. Before it can come into force, the MLC has to be ratified by at least 30 Member States with a total share in the world gross tonnage of ships of 33%. To date, 12 States with 48% of the world gross tonnage have ratified the Convention. EU Member States are committed to ratifying the new Convention and it is expected to come into force internationally in 2011 or 2012.

International Agreements 645. Deputy Dessie Ellis asked the Minister for Transport, Tourism and Sport the date on which Ireland will ratify the ILO Maritime Labour Convention (2006); and if he will make a statement on the matter. [9027/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The Maritime Labour Convention 2006 (MLC) was adopted at the 94th International Labour Organisation Conven- tion on the 23rd February 2006 in Geneva. The Convention seeks to ensure that the employment and social rights of seafarers on Irish ships are fully implemented. Ireland, along with other ILO Member States, must bring the Convention into force via national legislation. This obligation has led to the necessity for an enabling provision to be included in primary legislation. Section 87 was included in the Merchant Shipping Act 2010 to address the merchant shipping aspects of the Convention and will enable the Minister for Transport, Tourism and Sport to make regulations to fulfil the State’s commitments in relation to merchant shipping aspects of the Convention for Irish ships and seafarers sailing on those ships. The Convention will come into force twelve months after the date on which there are registered ratifications by thirty ILO Member States with a total share of at least 33% of world gross tonnage. The ILO has advised that to date 12 Member States, representing 44% of world tonnage, have ratified the Convention. The tonnage threshold has now been passed, but a further 18 ILO Member States are required to ratify the Convention before it can come into force. The ILO has indicated that it is increasingly likely that the Convention will enter into force by mid 2012.

367 Questions— 3 May 2011. Written Answers

[Deputy Leo Varadkar.]

My Department is currently progressing the necessary national secondary legislation in consultation with the Office of the Parliamentary Counsel in order to meet the expected entry into force date.

Port Inspections 646. Deputy Dessie Ellis asked the Minister for Transport, Tourism and Sport his plans to review the operation of the State port inspection regime; the number of inspectors currently invigilating ships that use Irish waters or ports; the number of inspections which have taken place during each of the past five years; the number of prosecutions which have been brought for non-payment of wages and breaches of health and safety conditions during each of the past five years; and if he will make a statement on the matter. [9028/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Port State Control inspections onboard foreign flagged ships in Irish ports are carried out under the auspices of the Paris Memorandum of Understanding (MoU) on port state control and EU Directives. These inspections are carried out to check for compliance with International Law. A “New Inspection Regime” (NIR) for port state control commenced on 1 January 2011 and is based on 100% of ships being inspected in the Paris MoU area over a 3 year period. The NIR is designed to reward quality shipping with longer periods between inspections, whilst penalising operators of poor quality ships with more frequent and more in depth inspections being required on such ships. The number of marine surveyors employed by my Depart- ment and who carry out a range of duties currently stands at 27. The Department’s surveyors inspect over 400 foreign flagged ships per year and they detain any ship which poses a safety hazard or which does not comply with the international requirements on living and working arrangements. The total number of inspections completed in each of the last five years was 440 in 2006, 410 in 2007, 434 in 2008, 420 in 2009 and 435 in 2010. With regard to prosecutions for non-payment of wages and breaches of health and safety conditions, the primary responsibility for the compliance with the law on board ships rests with the flag state in each case. The payment of wages on foreign flagged ships is a matter for the flag state where the ship is registered and is a matter for the internal domestic law of that country. However, non- payment of wages is not in itself a basis for detention of a vessel by surveyors of my Department.

Rights of Seafarers 647. Deputy Dessie Ellis asked the Minister for Transport, Tourism and Sport if he will ensure that non-payment of wages may be a basis for detention of a vessel by marine surveyors of his Department regardless of the flag of that vessel; and if he will make a statement on the matter. [9029/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The terms and conditions of employment on board vessels are a matter primarily for the State, known as the Flag State, in which a ship is registered. My Department does not have responsibility for the non-payment of wages on board foreign flagged ships which is a matter for the Flag State. A comprehensive body of Irish employment rights legislation governs the conditions of employment of workers on board vessels under the Irish flag. This would include legislation dealing with minimum wages.

368 Questions— 3 May 2011. Written Answers

Port State Control inspections onboard foreign flagged ships in Irish ports are carried out under the auspices of the Paris Memorandum of Understanding (MoU) on Port State Control and EU Directives. These inspections are carried out to check for compliance with Inter- national Law. Ireland has consistently supported the International Labour Organisation in its efforts to promote global labour standards for seafarers. A new consolidated Maritime Labour Convention was adopted in February 2006 at the 94th International Labour Conference in Geneva, Switzerland. Ireland was represented at the Conference by a tripartite delegation consisting of Government officials along with nominees from employers (IBEC) and workers (ICTU). The new Convention sets out clear principles and rights for seafarers. EU member states are committed to ratifying the new Convention and it is expected to come into force internationally in 2011 or 2012. Ireland will continue to work within the Paris MoU and with the other EU member states so as to ensure the development of the necessary port state control procedures that will be required in connection with the entry into force of the Maritime Labour Convention.ΛΛΛ

Road Network 648. Deputy Joe Costello asked the Minister for Transport, Tourism and Sport the annual predicted traffic values running through to 2025 from the toll on the Waterford Bypass/Suir Bridge toll scheme; if the contract between the National Roads Authority and Celtic Roads Group was a revenue share agreement and the amount of revenue which was returned to the NRA by CRG last year; the amount of revenue the NRA expected to receive in 2010 should the predicted levels of traffic be met; the amount CRG received in toll revenues in 2010; the percentage of the predicted traffic on the bridge that the actual traffic on the bridge would have to pass for revenue sharing with the NRA to begin; the percentage share of the tolls that would be shared with the NRA; the NRA’s own forecasts on the amount they are likely to receive by the end of the contract and the way this compares to the returns they could have received if traffic had been as initially predicted in the contract; the NRA’s estimate of the annual excess in revenues received in tolls due to overcharging on the Suir bridge; if a copy of the contract will be made available; and if he will make a statement on the matter. [9032/11]

649. Deputy David Stanton asked the Minister for Transport, Tourism and Sport if he has received a report and final recommendation from Cork County Council for the upgrading of the R624 road including the replacement of the existing bridge at Belvelly Estuary, Great Island, Cobh; his views on same and any action he might take as a result; and if he will make a statement on the matter. [9080/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The maintenance and improvement of regional and local roads is the statutory responsibility of each local authority, in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads

369 Questions— 3 May 2011. Written Answers

[Deputy Leo Varadkar.] are funded from local authorities own resources and are supplemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority. A total of €375,176,000 has been allocated for the maintenance and improvement of regional and local roads in 2011. This year there is an increased focus on directing funding towards repair and maintenance works with over 85% of the grant monies available in 2011 to be spent on such works. In order to increase the monies available for the maintenance and rehabilitation of road pavements, particularly arising from the severe weather, it has been necessary to reduce the grant allocations for major new road schemes and for major realignment schemes. This National Roads Authority received an application from Cork County Council in September 2010 for 100% funding of the R624 Cobh Road Project at an estimated cost of €57.5 million under the Strategic Regional and Local Roads Programme. The funding available for projects under this grant category in 2011 is €20.1 million (down from €87.5 million in 2008). Given the reduction in the available funding and the list of strategic projects competing forΛfunding (including existing projects with financial commitments) the Department is not, at this time, in a position to make a funding commitment to this project.

Public Transport 650. Deputy Peter Fitzpatrick asked the Minister for Transport, Tourism and Sport if he will authorise the provision of a request stop on the Carrickmacross bypass, County Monaghan, to allow residents of the Carrickmacross area use the Expressway services, No. 32 serving Dublin/Dublin Airport to Letterkenny and No. 33 serving Dublin/Dublin Airport to Derry; and if he will make a statement on the matter. [9087/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The issue raised is a matter for Bus Éireann in conjunction with the relevant Local Authority. I have referred the Deputy’s question to Bus Éireann for direct reply. Will he please advise my private office if he does not receive a reply within ten working days.

Ministerial Staff 651. Deputy Brendan Smith asked the Minister for Transport, Tourism and Sport the detail of all permanent Civil Service or non-established positions which are in place in his Department in relation to assisting Ministers with constituency work; the monthly salaries for these positions; and if any further appointments are envisaged. [9145/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The details of the staff in my own office and those of the two Ministers of State in my Department dealing with constituency work are set out in Table 1. The appointments are in keeping with the Department of Finance Guidelines on the staffing of Ministerial Offices. As indicated a number of staff are availing of worksharing options. The salaries for the positions concerned are not paid on a monthly basis. Accordingly I have shown the equivalent annual salary scale for each position in Table 2.

Table 1 — Constituency staff details

Position Minister Minister of State Minister of State Deputy Leo Deputy Michael Ring Deputy Alan Kelly Varadkar

Personal Assistant (non established post) 1 1 0.75/0.25

370 Questions— 3 May 2011. Written Answers

Position Minister Minister of State Minister of State Deputy Leo Deputy Michael Ring Deputy Alan Kelly Varadkar

Personal Secretary (non established post) 1 1 1 Clerical Officer (permanent civil servant) 2 1 1

Table 2 — Annual Salary scale

Position Annual salary scale for position

Personal Assistant (non established post) €43,715, €45,485, €47,304, €48,520, €49,790, €51,365, €52,925, €54,490, €56,060 Personal Secretary (non established post) €23,820, €25,265, €26,980, €29,342, €31,705, €34,195, €36,650, €38,945, €41,285, €43,510, €45,160, €45,940, €46,935, €47,755 Clerical Officer (permanent civil servant) €22,015, €23,042, €24,071, €25,100, €26,128, €27,156, €28,183, €29,193, €30,191, €31,192, €32,187, €33,735, €34,954, €35,515

Ministerial Appointments 652. Deputy Brendan Smith asked the Minister for Transport, Tourism and Sport if he will list the details of all State appointments open to direct choice by him on 10 March 2011. [9159/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The number of appointments to State Boards open to direct choice by me on the 10th March 2011 was as follows:

State Board No. of Appointments

CIE 1 Bus Éireann 2 Railway Procurement Agency 2 Railway Safety Advisory Council 1 National Transport Authority 2 Irish Aviation Authority 1 National Sports Campus Authority 8

Road Network 653. Deputy Jim Daly asked the Minister for Transport, Tourism and Sport the position regarding the construction of an overpass road network from the Bishopstown Roundabout to the Kinsale Roundabout, County Cork; and if he will make a statement on the matter. [9198/11]

[Deputy Leo Varadkar.]

Noting this I have referred the Deputy’s question to the NRA for direct reply. Will he please advise my private office if he does not receive a reply within ten working days.

Tourism Promotion 654. Deputy Jim Daly asked the Minister for Transport, Tourism and Sport the funding available to develop and promote rural walkways throughout the country; and if he will make a statement on the matter. [9201/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): I wish to advise the Deputy, that under the National Tourism Development Authority Act 2003, Fáilte Ireland has the devolved function to encourage, promote and support the development and marketing of tourist facilities and services within the State. In this context, Fáilte Ireland operates the Tour- ism Capital Investment Programme, which provides support for capital investment in tourism infrastructure, visitor attractions and visitor activities including walking routes for tourists. To date, walking routes have primarily been developed with the assistance of local authorities. Organisations interested in developing walking routes for tourists should in the first instance contact Fáilte Ireland at 01-8847700 or on the web at http://www.failteireland.ie/Business- Supports/Grants-and-Tax-Incentives/Capital-Grants.

Public Transport 655. Deputy Caoimhghín Ó Caoláin asked the Minister for Transport, Tourism and Sport his plans to allocate additional licences to Bus Éireann to increase the number of services dropping off and picking up passengers in Carrickmacross, County Monaghan, on routes termi- nating in Dublin, Monaghan, Letterkenny and Derry. [9204/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The licensing of public bus passenger services is the responsiblityΛof the National Transport Authority (NTA). I have referred the Deputy’s Question to the NTAΛ for direct reply. Will he please advise my Office if he does not receive a reply within ten working days.

Tourism Industry 656. Deputy Jerry Buttimer asked the Minister for Transport, Tourism and Sport the number of persons on waiting lists for skills courses in Fáilte Ireland Cork training centre, Albert Road; and his plans to accommodate persons in this predicament. [9240/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The matters raised are operational matters for Fáilte Ireland. I have referred the Deputy’s Question to the agency for direct reply. Will he please advise my private office if he does not receive a reply within ten working days.

National Car Test 657. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if he will consider a lower rate of National Car Test charge for owners of vehicles over ten years old in view of the fact that these vehicles must be tested every year; and if he will make a statement on the matter. [9245/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As and from 1st June 2011, all vehicles of ten years of age or over will be required to undergoΛan annual national

372 Questions— 3 May 2011. Written Answers car test. This measure was introduced on road safety concerns, on foot of proposals submitted by the Road Safety Authority (RSA) to my predecessor. The test fee is set in accordance with a contractual agreement between the RSA and the private company that carries out the testing service, Applus. A lower test fee would result in the State having to pay a subsidy to Applus and, in the present economic climate, I have no plans to introduce a measureΛthat would haveΛsuch a consequence.

Sports Funding 658. Deputy Dan Neville asked the Minister for Transport, Tourism and Sport the position regarding funding in respect of a club (details supplied) in County Limerick; and if he will make a statement on the matter. [9293/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Dormant Accounts funding is the responsiblity of my colleague the Minister for Environment, Community and Local Government.

Road Network 659. Deputy Michael McGrath asked the Minister for Transport, Tourism and Sport if he intends to introduce new road tolls in line with the recommendations of the recent study by the National Roads Authority. [9430/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As Minister for Trans- port, Tourism and Sport, I have responsibility for overall policy and funding in relation to the national roads programme. The construction, improvement and maintenance of individual national roads are matters for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned. In addition, the statutory power to levy tolls on national roads, to make toll bye-laws and to enter into toll agreements with private investors in respect of national roads is vested in the NRA under Part V of the Roads Act 1993 (as amended by the Planning and Development Act 2000 and the Roads Act 2007). The “National Roads Traffic Management Study” published recently together with other work being undertaken by the NRA will help inform consideration of future traffic management measures, including tolling. The issues involved will need to be considered carefully before decisions are made on future tolling strategy. More generally, the Deputy will note that the Estimates for my Department under the outgoing government’s 4-year plan are not sufficentΛto maintain the existing investment in national and regional roads. It is within this context, and the broader fiscal challenges this State faces as the result of the previous government’s mismanagement of this country’s finances, that decisions on future tolling strategy must be made. I would welcome any views that the Deputy may wish to offer with regard to the future funding of the national and regional road networks.

660. Deputy Joe Carey asked the Minister for Transport, Tourism and Sport in view of the damage caused to regional, secondary and local roads in County Clare as a result of two very harsh winters, his plans to make an exceptional funding allocation to enable Clare County Council to carry-out urgently required repairs, re-making and resurfacing of those roads; and if he will make a statement on the matter. [9437/11]

373 Questions— 3 May 2011. Written Answers

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The improvement and maintenance of regional and local roads is the statutory responsibility of each local authority, in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads are funded from local authorities own resources and are supplemented by State road grants. However, the initial selection and prioritisation of projects to be funded is also a matter for the local authority. A total of €375,176,000 has been allocated in 2011 for the maintenance and improvement of regional and local roads. As regards the availability of additional funding, I have directed that the overall transport budget is assessed to determine what scope exists for allocating additional funds for the repair and maintenance of regional and local roads. Any additional funding made available to local authorities as a result of this process will be subject to the normal assessment criteria relating to State grants.

Cricket World Cup 661. Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport noting Ireland’s recent success in the cricket world cup, the efforts he will make to support Cricket Ireland in its attempts to force a change in the International Cricket Council’s decision to reduce the number of teams in the 2015 cricket world cup from 15 to ten, thus denying Ireland a chance to qualify for the event. [9456/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The Deputy may be aware that I recently enjoyed the privilege of hosting a reception to honour the Irish Cricket team following their recent success. On that occasion I assured Cricket Ireland that I fully support their efforts and those of the other non-Test countries to persuade the ICC Board to reverse their decision and that my offices are available to assist the associate nations in their campaign to have this decision reversed.

Programme for Government 662. Deputy John McGuinness asked the Minister for Transport, Tourism and Sport the specific proposals in the Programme for Government for which he is responsible; the target dates which he has agreed in relation to the delivery of these proposals; and if he will publish an implementation schedule. [9592/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): I am responsible for the Transport, Tourism and Sport element of the Programme for Government. I am currently considering how best these aims can be achieved in the current difficult economic climate. In relation to investment, there will be a comprehensive review of spending with a view to developing a new National Development Plan for 2012-2017. This review, which will take place against a background of the new funding realities, will examine the costs and benefits of all projects against a range of economic, social and environmental criteria. Key considerations for transport, tourism and sport will include the need to prioritise funding to protectΛinvestment made to date and to maintain high safety standards

Question No. 663 withdrawn.

Departmental Programmes 664. Deputy Seán Kyne asked the Minister for Transport, Tourism and Sport when a decision will be made on the smarter travel competition to which Galway County and City Councils have made a joint submission. [9629/11]

374 Questions— 3 May 2011. Written Answers

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): A decision has yet to be announced regarding the outcome of the Smarter Travel Areas Competition. The future of this Programme is being considered in the context of the available budget for 2011 and the National Recovery Plan. Galway County and City Councils, as well as the local Oireachtas representatives, will be notified of the outcome of the authorities’ joint bid in due course. This programme is one I believe has considerable merit. While the scope and scale originally envisaged for the scheme is no longer possible given the current fiscal situation, there may be some scope to proceed with a scheme scaled back in size. I believe that Smarter Travel Areas have the potential to provide a basis for future evidence based investment in the range of sustainable travel measures. I intend to formally delegate the Smarter Travel Areas under the Department of Transport, Tourism and Sport to the Minister of State with responsibility for Public and Commuter Transport, Deputy Alan Kelly, in the coming days.

Tourism Industry 665. Deputy Paschal Donohoe asked the Minister for Transport, Tourism and Sport if he will provide an update on the status of Fáilte Ireland’s training centres; and if he will make a statement on the matter. [9725/11]

Taxi Regulations 666. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport if taxi enforcement officers have powers to enter private property in carrying out compliance checks; and if so under which legislation; if they need a Garda present, and the powers a Garda has in this situation. [9767/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Authorised persons may be appointed under Section 49 of the Taxi Regulation Act 2003 to perform the enforcement functions necessary to support the regulation of the taxi sector. This includes the powers of enforcement officers, in the fulfilment of their functions under the 2003 Act, at any reasonable time to enter the premises or place where any activity connected with the provision of small public service vehicles takes place. Members of the Garda are deemed to beΛauthorised persons under the 2003 Act. The regulation of the taxi industry, including all matters relating to the implementation and enforcement of the provisions of the Taxi Regulation Act 2003, is the overall responsibility of the NTA, assisted by the Garda Síochána.

Industrial Relations 667. Deputy Clare Daly asked the Minister for Transport, Tourism and Sport the steps he will take to reinstate a Dublin Bus worker (details supplied) pending the initiation of a properly convened investigation overseen by an outside agency. [9793/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The issue raised is a matter for Dublin Bus and not one in which I have any role. There are established Industrial Relations procedures in place for dealing with grievances and disciplinary matters and these procedures should be adhered to in all such cases.

375 Questions— 3 May 2011. Written Answers

Road Network 668. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport the expected future timeframe for the construction of the new N22 Ballyvourney to Ballincollig Road in County Cork; and if he will make a statement on the matter. [9795/11]

Parking Regulations 669. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if disabled driver qualification criteria will be widened to include passengers with Down Syndrome; and if he will make a statement on the matter. [9828/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): New regulations for eligibility for the Disabled Parking Scheme will come into force on 1 June. The changes to the Scheme arise from a review of the Scheme published by my Department last year. This review was conducted by my Department in consultation with the two organisations which operate the Scheme, the Disabled Drivers Association of Ireland and the Irish Wheelchair Association. The review found that the numbers of parking permits issued and applications being received by the issuing authorities have increased substantially in recent years. With over 80,000 parking permits issued, the imbalance between numbers of permit holders and available parking bays has steadily deteriorated, with severe consequences for seriously mobility impaired permit holders who regularly cannot access appropriate parking bays and are, accordingly, prevented from accessing services. In consequence, the review recommended a change to the criteria for eligibility for the Scheme to shift the focus from eligibility based on a given medical condition to eligibility based on degree of mobility impairment. Permits will in future be available only to people whose condition severely restricts their mobility. This means that in future the Scheme will benefit more those for whom it was originally designed. In cases where passengers with Down Syndrome have severe mobility impairments they will of course be eligible for a permit under the revised rules.

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