Vol. 616 Tuesday, No. 4 21 March 2006

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Tuesday, 21 March 2006.

Ceisteanna—Questions Taoiseach …………………………………1089 Minister for Community, Rural and Gaeltacht Affairs Priority Questions ……………………………1100 Other Questions ……………………………1116 Adjournment Debate Matters ……………………………1121 Leaders’ Questions ………………………………1122 Requests to move Adjournment of Da´il under Standing Order 31 ………………1136 Order of Business ………………………………1138 Aviation Bill 2006 [Seanad]: Order for Report Stage ……………………………1145 Report and Final Stages ……………………………1146 National Sports Campus Development Authority Bill 2006: Second Stage (resumed) … … … 1156 Private Members’ Business Political Donations and Planning: Motion ……………………1166 Adjournment Debate Hospitals Building Programme …………………………1206 Health Services ………………………………1208 Decentralisation Programme …………………………1211 Fire Stations ………………………………1213 Questions: Written Answers ……………………………1217 1089 1090

DA´ IL E´ IREANN 7. Mr. Sargent asked the Taoiseach the recent communications he has had with the family of the ———— late Mr. Pat Finucane; and if he will make a state- ment on the matter. [8961/06] De´ Ma´irt, 21 Ma´rta 2006. Tuesday, 21 March 2006. 8. Mr. Sargent asked the Taoiseach the recent communications he has had with the family of the ———— late Mr. Pat Finucane; and if he will make a state- ment on the matter. [9159/06] Chuaigh an Ceann Comhairle i gceannas ar 2.30 p.m. The Taoiseach: I propose to take Questions Nos. 1 to 8, inclusive, together. ———— The Government continues to support a full independent public inquiry into the murder of Pat Paidir. Finucane. We have made clear that we want to Prayer. see the standard agreed at Weston Park, and set by Judge Cory, adhered to. We continue to share ———— the concern of the Finucane family, and indeed of Judge Cory, that the new Inquiries Act, under Ceisteanna — Questions. which the British Government intends to have the Finucane case investigated, will not meet ———— these standards. We have raised these concerns directly with the British Government. Public Inquiries. The Government welcomes the motion in this case, passed unanimously by the House on 8 1. Mr. J. Higgins asked the Taoiseach if he has March. I have met the Finucane family on many had communication from the family of murdered occasions. Most recently, I met Geraldine solicitor, Mr. Pat Finucane, in relation to the Finucane and other family members during my terms of an inquiry. [5506/06] visit to the United States. I had a more detailed meeting with the family on 27 February in 2. Mr. Gregory asked the Taoiseach if the Brit- Dublin, prior to the recent debate in the House. ish Government’s proposal to deal with the Pat I have on all occasions assured Mrs. Finucane of Finucane inquiry under the new Inquiries Act is my firm support for their efforts to achieve the in breach of the Weston Park Agreement; if he full truth concerning this disturbing case. has brought this matter to the attention of the I discussed the Pat Finucane case with a British Prime Minister, Mr. Tony Blair; and if he number of Senators and Congressmen on Capitol will make a statement on the matter. [6394/06] Hill last week. It is clear that the Finucane family also has considerable support there and that the 3. Mr. Kenny asked the Taoiseach if he will concerns of this House are widely shared in report on his contacts with the family of the late Washington. Mr. Patrick Finucane; and if he will make a state- I also raised the Finucane case at my meeting ment on the matter. [6431/06] last week with President Bush. The US Admini- stration has an ongoing interest in this case and I 4. Mr. Rabbitte asked the Taoiseach the rep- briefed the President on the current situation. I resentations he has received from the family of particularly thanked the President for raising the the late Mr. Pat Finucane into British Govern- matter with Prime Minister Blair following our ment proposals for an inquiry into his murder; the meeting last year. response he has made to such representations; While in Washington, I also briefly discussed and if he will make a statement on the matter. this case with the Northern Ireland Secretary of [6751/06] State. I told him that there continued to be funda- mental concerns regarding the proposed inquiry and that we remained fully supportive of the 5. Mr. F. McGrath asked the Taoiseach if the Finucane family. issue of a proper inquiry into the murder of solici- tor, Mr. Pat Finucane, will be raised again; and Mr. J. Higgins: With all due respect to the the position regarding the case. [7251/06] Taoiseach, it is not a question of the reassurances he gave anybody and everybody. It is about what 6. Caoimhghı´nO´ Caola´in asked the Taoiseach Mr. Blair said to the Taoiseach, when they met if he will report on his efforts to press the British during the past two weeks, about a full proper Prime Minister, Mr. Tony Blair, to ensure that public inquiry into the murder of Pat Finucane. the British Government fulfils its commitment to How does the Taoiseach interpret the intention establish a full independent public inquiry into of the British Government to hold the inquiry the murder of Mr. Pat Finucane; and if he will into that murder on the basis of legislation which make a statement on the matter. [7783/06] can and will see vital evidence withheld? Does he 1091 Ceisteanna — 21 March 2006. Questions 1092

[Mr. J. Higgins.] full, independent, public judicial inquiry. That is believe the British Government wants to cover the position and as of now, I can give the House up the collusion between the killers of Pat no comfort. There is no question of diplomatic Finucane and the forces of the British State? Did niceties. This has been raised at endless meetings he put that point baldly to Prime Minister Blair which have been far from diplomatic niceties. The when he met him? British Government will not change. The Northern Ireland Office stated the motion demanding a proper inquiry passed by the Da´il Mr. Gregory: Will the Taoiseach give his views was fundamentally flawed and misleading. What on the reluctance of the British Government to did the Secretary of State for Northern Ireland, grant a full public inquiry into this case? Does the Mr. Hain, state to the Taoiseach regarding that? Taoiseach accept that the inquiry on offer is in Did he contact the Government verbally or in effect a British Government controlled inquiry written form following on from that motion? If into collusion by British Government security so, what did he state exactly? services? It is a nonsense. It is not an inquiry at When will the Taoiseach leave diplomatic all. The Inquiries Act restricts the control of the niceties aside and square up to Prime Minister inquiry judges, allows for the deletion of details Blair on this issue? We have been around the of findings made by the inquiry and effectively garden in the same way seeking information on transfers control of the inquiry from the judges to the horrific bombings in Dublin, in which col- a Minister. lusion is also suspected, and we are no further Does the Taoiseach accept that if the Finucane forward. Will we be back in this House again next case were to proceed under the terms of that Act year with the Taoiseach having failed to get from the end result would be another cover up, which the British Government any real commitment to is not acceptable? Is it not time to end the cap in bringing out the truth of this horrific murder? Is hand approach on this issue and change tactics to it not time for him to deliver on this and expose demand a full public independent inquiry? If Prime Minister Blair in front of the world as a there is good faith between the two Govern- hypocrite if necessary—— ments, surely that can be achieved?

An Ceann Comhairle: The Deputy must con- The Taoiseach: I agree with most of what fine himself to a question. Deputy Gregory said. It is clearly not what was envisaged as a full independent public judicial Mr. J. Higgins: ——if he does not comply with inquiry in the Weston Park proposals. This is new what the majority of Irish people wish in this legislation introduced by the British Government regard? and the restrictive clause in that legislation, which would effectively restrict the judge’s handling of The Taoiseach: The Deputy speaks as though the information, renders it useless. It would not he is not aware of what has been going on over restrict the judge in seeing or reading the infor- the past long period. What Prime Minister Blair mation but would restrict him or her in using it and the Secretary of State stated was that they do in public, publishing it or showing it to the family not intend changing the Inquiries Act. Our posi- or its lawyers. For that reason it is of no use. tion at every level, such as through the motion The British Government, under significant passed in this House, our position at meetings pressure from all sides, has shown no inclination over the past year or year and a half with the to move and in a recent letter the Secretary of British Government and in the United States and State for Northern Ireland said that the Govern- through a range of other civil rights groups and ment intends to proceed with the inquiry. I spoke other groups, is that we oppose that position. to him again last week in Washington and told The Secretary of State has written to the Mini- him that he would be doing that without the sup- ster for Foreign Affairs, Deputy Dermot Ahern, port of the Government, or any parties in the and the Minister has replied to that letter within Oireachtas, and the many human rights groups recent days. It comes down to the basic issue that involved in this case. My officials spoke to the inquiry under the UK Inquiries Act 2005 will Geraldine Finucane today. We keep in constant not be regarded as fully independent. That is the touch with the family and continue to help and view we, all those who support our view, and the support it in any way we can. House stated. To make it clear and simple, the reason for that view is that under the new legis- Mr. Kenny: The Taoiseach has a special lation the responsible Minister, not the chair, relationship with the Prime Minister, Mr. Blair, maintains significant control over the inquiry. For who has said he does not intend to lead the example, no matter how good the judge would be Labour Party into the next general election. Crit- in carrying out the inquiry, he or she might see ics and political correspondents have their own restricted material but could not use it, publish it views as to when that might happen. Given the or show it to the family or lawyers. Prime Minister’s responses in the House of Com- It is our view and that of the family, civil rights mons over the past 12 months about the necessity groups and Deputy Higgins that this is clearly not for the truth to be known, he should understand covered in what we set out to get, which was a that the restriction in the amended Act inhibits 1093 Ceisteanna — 21 March 2006. Questions 1094 this information from being made available. not take that view. I have brought the Attorney There is no point going ahead with a restricted General to some of the meetings with the inquiry into the murder of Pat Finucane if the full Finucane family and he is assisting them as best truth cannot be made known. he can. We take the view that the proposed Brit- I do not know whether the Taoiseach has dis- ish inquiry will not work. cussed in private with the Prime Minister the Knowing that we could not take thousands of revulsion that people feel when they ask why the cases — as time passes there are more and more British Government will not have a full-scale people who feel very little was done about their public inquiry under the original Act. I agree with cases at the time of the Troubles — as a result of the Taoiseach that it is difficult to move this issue so many terrible deaths on all sides, we decided on. If the Prime Minister wishes to leave behind to take a representative sample, and that was the a legacy of progress and reform, the best quality Weston Park agreement. The issue then became public service and the truth, can the Taoiseach one of how we were to arbitrate, which is when enter his mindset to achieve some closure on this we suggested an international judge and legal murder? Can he persuade the Prime Minister that team. if the inquiry proceeds as proposed, and the That is where Judge Cory came in. He is con- Finucane family does not become involved, it is a sidered one of the most eminent judges in the useless entity and restricted findings will not world, and though elderly he agreed to take on bring closure or truth? Will the Taoiseach give the job. He put a great amount of effort into it, the Prime Minister a copy of the unanimous even when his wife was dying — she subsequently motion from this House, which I was glad to see died. Judge Cory deliberated, and I understood people supported, and express to him on behalf that was the end of the matter. We have to hon- of the entire Parliament, the representatives of our our commitment in Ireland, such as in the the people, how important we feel it is that this Breen case, which we have begun. All that hap- matter be finalised in an open and fully account- pened prior to the final position on the Act. On able fashion? In so far as Mr. Blair wants his leg- the restricted case, at least there was much pro- acy to be judged, it would be in his own interests gress, with a good deal of debate on the amend- to be a prime minister who saw to it that a restric- ments. It was an Act in which we and the tion in the amended Act would be lifted, or that Nationalist parties in the North took a great the inquiry should be held under the original Act. interest. There was a good deal of input and com- That would be a great day’s work for politics, for ments on the Act but in regard to the restrictive both governments and in terms of finding out the position, people have their own judgment. I have truth for the Finucane family. my view but there is no point in giving personal opinions on why they would have that view The Taoiseach: I do not disagree with anything because I cannot prove it. During the past year I Deputy Kenny said but it is worth going back have tried to work out why they might have such over some recent history. The Bloody Sunday a restrictive view. inquiry took place in part during the life of the Whatever the reasons, and many people have government of which Deputy Kenny was part, but suggested several other reasons, whoever is right the British Government did not want such an or wrong does not matter. The fact is that we are inquiry. It took a great deal of persuasion and in trying to ascertain whether there was collusion by the end it was the Prime Minister who ruled, the British forces at whatever level. The inevit- against much opposition, to operate a successful able questions are where they went within the inquiry. Nevertheless there were difficulties system, whether they moved up through the involving so-called “soldier A” and “soldier B”, system, went into the political end or whether people who were not named, and the sessions not they were in the Northern Ireland Office. Given held in public session, and so on. I believe most the restrictive notice, how can one say it is a full, people, though not all, were satisfied with it. It independent or public judicial inquiry when the was enormously costly, involving some £100 mil- judge has a right to see things but cannot publish lion, but it was highly important. them, say them in public or show them to the In more recent years, the British Government, family? How is that a full, independent or public when involved in some other inquiries with which judicial inquiry? It is not any one of those three. I am not familiar, looked at the legislation and That is the position. I wish it was just an issue decided to bring in the Inquiries Act, which was between Mr. Tony Blair and myself at this stage clearly in gestation for some time. because the powers of persuasion might persuade The British Government, including the Prime him but it is not at that level. This is a strongly Minister and the Attorney General, say they held view of the British Government and I intend to bring forward the arrangements for this believe it is wrong. inquiry. They clearly believe the truth can be To answer the Deputy’s last question, I was in established through an inquiry under the new London on the day the Da´il debated the motion. Act, and that this is the only way they can do it. I gave Mr. Blair the motion, told him its history, This is the belief right across the system. As well said all the political parties were involved in it as talking to the Prime Minister I have talked to and that I believed it would be unanimous. I also the Deputy Prime Minister and to others. We do told him that the House would be critical of him 1095 Ceisteanna — 21 March 2006. Questions 1096

[The Taoiseach.] tion. I have been trying to help in doing that too. and his Government on this issue. The Secretary That is the position. of State for Northern Ireland, Mr. Hain, has writ- Unfortunately, the position on this one is that ten to us to say he is still going ahead with the neither of us can move. I talked to the collective inquiry. I told him last week he could do that if group dealing with the Prime Minister on this he wanted to. He told me it could cost \50 million issue. I cannot move because I cannot honestly to which I replied he could spend that amount of say, and we have been through this with the finest money on it but it would not convince anybody legal people, that it is a full, independent or in the collective interest of this case. I have spent public judicial inquiry because a judge in this case hours on the Finucane case because it was picked could have his hands tied as the Minister has the out as one of the three. I still do not think we responsibility. That is the unfortunate situation. have got to the position we want. I would like If they want to go ahead, I cannot stop them but to tell the House that another meeting, shouting it will be with the opposition of effectively every- exercise or table banging exercise would change body. Judge Cory has recently restated his posi- the British Government, but at this stage I must tion; it is not just a case of what he said at the be honest with the House and say I do not see it time. At this stage the Government, the Da´il, the moving on this position. human rights groups, the international legal pro- The only other new issue is that there is a possi- fession, Judge Cory and the Finucane family are bility that the Houses on Capitol Hill will take calling for this but the British Government is not our motion and also pass similar motions. We indicating any movement. briefed the President and the US Administration To answer the Deputy’s straight question, they in the White House last week. Without taking too are saying they are going ahead. If they do, no much licence, I do not think they disagree with matter what they come up with, and I have had our view on this issue, whatever about other to listen to people saying it will take five years to \ issues. do it and it will cost 50 million, nobody will ever believe it, at least none of the people we must try Mr. Rabbitte: Where does that leave us? Has to represent. Perhaps some people in the United the Pat Finucane inquiry run into the sand? Is Kingdom will believe it, although I have my that what the Taoiseach is saying? He referred to doubts about that too, especially where the legal the cases selected at Weston Park. I presume he profession is concerned. will recall the remarks of Judge Peter Cory at the I received the Deputy’s letter. Earlier in the time when he said: “Without public scrutiny, year I got my officials to meet that brave father. I am meeting him tomorrow with his representa- doubts based solely on myth and suspicion will tives. As he has pointed out, he used always to linger long, fester and spread their malignant believe that collusion was on the Nationalist side, infection throughout [the Republic] and Northern but as I believe he explained to the Deputy, there Ireland community”. I presume the Taoiseach appears to be considerable collusion in his case. I still agrees with that and agrees with the judge will meet him tomorrow, as the Deputy requested that when the term “public inquiry” was used of me. then, it was in the context as understood in 2001. At the end of this Question Time on this matter, Mr. F. McGrath: On my Question No. 5 con- what point have we reached? cerning the murder of Pat Finucane and the need This is not the only unresolved murder in for a proper public inquiry, does the Taoiseach Northern Ireland and sadly it is not the only one agree it is unacceptable for any security forces, where there was suspected collusion by the secur- particularly those north of the Border, to be ity forces. I note that on a matter I raised in this involved directly or indirectly in the murder of a House by way of the Adjournment and otherwise human rights lawyer or any other citizen such as some time ago, the killing of young Raymond Seamus Ludlow? Does the Taoiseach accept that McCord, the Taoiseach has agreed, and I thank such a murder would cause enormous damage to him for it, to meet his father and whomsoever he the rule of law in any democratic society? Does decides to accompany him. Perhaps the he accept that the British security forces were up Taoiseach will take the opportunity to comment to their necks in killings and murders on this on that as well. island over a 30-year period and has he pointed that out to the Prime Minister, Mr. Blair, and The Taoiseach: The point to where it has his Government? brought us is unsatisfactory. The Secretary of Also, does the Taoiseach share my major con- State, Peter Hain, told me on Thursday that he cerns about recent allegations that one of the was going ahead with his inquiry and that they Greysteel massacre murderers, who was sen- are seeking a venue. I am told they have a venue tenced to life imprisonment for 12 for the autumn. They are also seeking a judge. 3 o’clock murders at Greysteel and Castlerock, I understand from international connections that was a paid British agent who they are having great difficulty getting a judge. received £50,000 through a bogus Special Branch The legal world has been quite active in putting account following his release in 2000? Does the out reasons a judge should not take up the posi- Taoiseach regard that as a disgrace and 1097 Ceisteanna — 21 March 2006. Questions 1098 unacceptable, especially in the current era of co- met the Finucane family on 7 February 2006, con- operation? What will the Taoiseach do about ceded that it was not a question of whether there these serious allegations of collusion? Does he was collusion, but how much collusion went on? accept that the truth must come out if we are It is important to clarify that point. serious about the peace process and a healing Is the Taoiseach aware that the Finucane process? family believes he is essential to their efforts to bring about the justice they have been denied for The Taoiseach: I will not answer on individual so long? It is no wonder it is difficult to find a cases because I do not have the facts on them. judge to do the job. Has the Taoiseach taken on It is clear that there are many cases related to board the statement by the Secretary of State for allegations of collusion in Northern Ireland dur- Northern Ireland, Mr. Hain, that the amended ing the Troubles. The hundreds of cases involving Inquiries Act was necessary to secure the co- thousands of deaths and serious injury that operation of the security services? Does that not occurred between the late 1960s and the mid- indicate that we are effectively dealing with a 1990s — in many cases later than that but thank- Government that can no longer claim to be gov- fully not in the same number — will obviously erning, that it is being told what to do by the not all be subject to full inquiry, and that is why security services? it was decided to take a sample number of these Has the Taoiseach put it to the British Prime cases. The work of the Northern Ireland Office, Minister, Mr. Blair, that we run the risk of the Nuala O’Loan and the Chief Constable in setting United Kingdom no longer being able to account up a historical data office is a good way to tackle for itself as a democracy if the security services this problem. dictate the legislation that is required and the We will continue to put our efforts into helping level of inquiry permissible? Does the Taoiseach the Finucane family by exerting the maximum not see reason to put it to the Prime Minister very political pressure on the British Government. We seriously that it is not acceptable in any civilised, are determined to meet the needs of the family. democratic society for the security services to dic- There is a view that in the absence of securing tate the extent of an inquiry? Has he put that an agreement, particularly from the family, on an position to the Prime Minister? inquiry, there may be little point in holding an inquiry at all, bearing in mind the expense The Taoiseach: When responding to the first involved. That is a matter, however, for the Brit- question, I did not wish to convey the impression ish Government. It would be an enormous that all the names had been put into a hat and a tragedy if the truth of this case did not come out few main cases pulled out. Deputy Sargent will and I hope a way can be found to meet the needs recall that we took some from the Nationalist side of the family. The British Government knows and some from the Unionist or loyalist side. In all that. We have considered all the legal processes we took a balanced selection of six cases, and have given the British Government our views although we could have taken any number. The on that. We find the current situation unsatisfac- case about which Deputy Rabbitte spoke could tory and we will continue to argue the case in the also have been one. I have personally dealt with coming months for Geraldine Finucane and her literally dozens in recent years. family, as well as for some of the other high pro- file cases. Otherwise, it will go on for years and Mr. Sargent: Were they significant? will not end. We will particularly focus on this case because in this instance we got an agreement The Taoiseach: All were significant. However, on a process and we will continue to exert our they will not all receive full sworn inquiries as efforts. that would be impossible. It is good that there is a historical office to examine cases because some Mr. Sargent: The Taoiseach mentioned that a people hold the view very strongly that many of full independent public inquiry was needed into those cases got very little investigation at the the murder of Pat Finucane and in other cases, time. Whether that is understandable, it is a and that this was a sample of six cases. Having source of great anxiety and long-term hurt to the listened to Michael Finucane speaking to the families. It is deeply upsetting for them and they Joint Committee on Foreign Affairs, it seemed want to state their case. Many years ago Deputy that the six cases were considered to be of such Sargent raised the prospect of a peace and recon- significance that they required an examination by ciliation commission, which I support, because it an independent judge. They were not just a sam- would at least be of some help to people if they ple, but were of particular significance because could put their case. I do not claim that it would of the circumstances surrounding them and the resolve matters, but even if it achieves no more, evidence to date. Will the Taoiseach clarify that? being able to record their position and how they Did he say that he is not sure if there is collusion, feel is an issue for many of the families affected. or does he believe that there is a certain amount The Deputy asked about collusion, which I of collusion and does not know the full extent of have always believed took place, including in the it? Is the Taoiseach aware that the Secretary of case of Mr. Pat Finucane. I have asked many State for Northern Ireland, Mr. Hain, when he times in this House, the House of Commons and 1099 Priority 21 March 2006. Questions 1100

[The Taoiseach.] the issue of collusion and if they are not con- on Capitol Hill whether anyone would be sur- fronted by Prime Minister Blair on this issue, they prised if, after publication of the report on Mr. will continue to block the wider peace process? Finucane’s murder, headlines across the world As my party leader has asked in the past, will proclaimed that evidence of collusion had been the Taoiseach call a special, specific summit with found. Quite frankly, it would be news to no one. the British Prime Minister solely devoted to the We would be interested to find out what level issue of collusion? of collusion obtained, how high up the chain of command it extended and how it operated. The Taoiseach: The answer to the first question However, the headline would surprise no one. is “Yes”. As I stated to Deputy Kenny, I was in That is the truth of the system in Britain, America 10 Downing Street on the day of the motion. and elsewhere. Admittedly it was before the debate, but I con- Deputy Sargent quoted Mr. Peter Hain. I said veyed the motion and the reason behind it. Since I have suspicions on the matter, but I have no then, I have conveyed it to the Secretary of State, evidence or proof. However, I believe that there Mr. Hain, who has written to the Minister for is some significant reason. That is why I have said Foreign Affairs, Deputy Dermot Ahern, regard- that I cannot explain this, never mind stand over ing this issue. The Minister will reply to it. it, which I am not prepared to do. If a judge is We secured a favourable position from the restricted from publishing something or showing British Government regarding Bloody Sunday information to the victim’s family or their law- and many other issues. However, the response to yers, how can one call that a full independent this case is not in line with the strategy on which judicial inquiry? we worked for five years, starting with the Weston Park talks and followed by the great Mr. Sargent: What did Prime Minister Blair say work performed by Judge Cory. Admittedly, to the Taoiseach? Does he agree? there were delays in the process throughout this period. Then, in 2004 the British Government The Taoiseach: His answer is that the Act has decided to change the law and move away from been passed by the British Parliament and that is the 1921 Act, which delayed matters further. The the law. It is the only basis on which it will form of the inquiry now proposed has been operate. rejected as being inadequate by Judge Cory, the Finucane family, the Government, the Da´il and Mr. Sargent: Dictated by the security services. human rights groups, on the basic issue I have noted, namely, that the inquiry under the new law The Taoiseach: Every one else in Britain says will not be regarded as being fully independent the same. We do not accept that. While it seems as we do not believe that the collusion issue will that political opinion in the UK differs little in be properly addressed under this system. this respect, we cannot put this forward as being There is no necessity for a separate summit. what was envisaged in Weston Park. I deeply While Prime Minister Blair is probably fed up appreciate that we secured a full, independent, with listening to me raising this issue, I have an public and judicial inquiry into the Bloody Sun- obligation to make him even more so. That is day case. However, I am not in a position to jus- what I intend to do. tify something which I am advised was not envisaged. Priority Questions.

Mr. Ferris: Has the Taoiseach raised with ———— Prime Minister Blair the disgraceful statement from the Northern Ireland Office in response to Departmental Programmes. the all-party motion unanimously agreed in this House? The Northern Ireland statement claimed 59. Mr. English asked the Minister for Com- the motion was both flawed and misleading. Is munity, Rural and Gaeltacht Affairs if he has the Taoiseach aware this statement was issued satisfied himself with the amount spent on the before the debate took place in this House? If the RAPID scheme to date; his views on whether this Taoiseach has not already done so, will he pro- programme will end on completion of the test, in the strongest possible terms, to the British national development plan in 2006; and if he will Prime Minister? Has the Da´il motion been for- make a statement on the matter. [11081/06] mally conveyed to the British Prime Minister by letter or by the Minister for Foreign Affairs? If Minister for Community, Rural and Gaeltacht so, can Members have a reply to it? Affairs (E´ amon O´ Cuı´v): I refer the Deputy to a The Taoiseach has always expressed pessimism previous reply to Question No. 11 of 29 June regarding the prospects of progress on the issue 2005. of collusion. There are powerful forces within the As the Deputy will be aware, my Department, British political and military establishment who supported by Pobal, formerly known as Area are blocking this and many other inquiries. Does Development Management, ADM, Limited, co- the Taoiseach agree they must be faced down on ordinates the implementation of the RAPID 1101 Priority 21 March 2006. Questions 1102 programme. It is, therefore, a matter for each of the RAPID programme, the indications are Department to report on progress on the imple- that it will continue post 2006. mentation of RAPID and details of funding allo- cations to the projects that fall within their remit. Mr. English: I thank the Minister for the reply. However, Departments were asked in 2005 to I am conscious that we discussed this a few track funding against specific projects submitted months ago but I am still trying to comprehend in RAPID plans from each area. I am informed the RAPID programme, the commitments made by Pobal that Departments have, to date, under it and exactly how one will measure the reported spend of the order of \337 million in achievements arising from it. While it is probably RAPID areas since the inception of the prog- the right way to proceed, what can the Depart- ramme. It should be noted that this amount ment do to measure the benefits of the prog- relates solely to specific projects in RAPID plans ramme and how good RAPID is? The Minister and does not include funding to RAPID areas by said it should continue after 2006. I agree, but I Departments, which are in addition to the want to see exactly how this can be measured and RAPID plans. the results coming from it. As I stated previously, I believe that despite a That last time we spoke the review was to be slow start, the RAPID programme is now making undertaken by each Department and they have a valuable contribution in disadvantaged com- since come back stating they spent \337 million, munities. However, as the Deputy will appreciate, according to the Minister. Did the Department tackling disadvantage will require long-term com- give a measurement tool or what results were mitment by Government and in this regard, I believe that the RAPID programme should con- obtained from that process? Was the Department tinue beyond 2006. satisfied with the money spent or where can we The programme is now progressing on a improve on it? number of levels in tandem and clearly the What performance indicators is the Govern- \ benefits at local level are becoming evident. In ment setting down for the future? Some 377 mil- \ the first instance, many small-scale proposals lion is a long way short of the 2 billion that was from RAPID plans are now being dealt with announced. We argued previously over who more effectively at local level. A dedicated fund announced it, but it has been announced and we of \8.8 million has been put in place in 2006 to have proof of it. support small-scale capital projects through co- funding with other Departments or local agencies E´ amon O´ Cuı´v: It was never announced. as appropriate. I announced a number of co- funded schemes this year. Mr. English: It might have been the Taoiseach, As for the larger projects from RAPID plans not the Minister, who announced it. From where that have already been submitted to Depart- exactly will the rest of this money come? Is the ments, these will continue to be considered for \2 billion figure to be reviewed or what is the funding within existing funding streams in each target of spend under the RAPID programme? If Department. However, I expect that Depart- it is not \2 billion, is it \1 billion or \800 million? ments will now be dealing with a smaller number What exactly is the figure and what does the of projects and will therefore be in a better posi- Minister hope to achieve from it? tion to prioritise projects and set out timescales The RAPID programme was supposed to for further actions. Work on improving inte- tackle social disadvantage etc. Unfortunately gration and co-ordination of service delivery at social disadvantage has worsened in the recent local level will also continue as this is a key com- past. In that case, how can the Minister say the ponent of the RAPID programme. RAPID programme is working? Some 60% of students leave school before Additional information not given on the floor of completing the leaving certificate examination in the House. many disadvantaged areas. That is evidence. The Special provision was made by the Govern- ment for RAPID areas under the dormant proof has been recorded. More than 1,000 chil- accounts plan. RAPID-drugs task force-CLA´ R dren do not make it into secondary school from areas have benefited from 60.8% of the \63.1 mil- primary school and nobody can account for lion in funding allocated to date. The next round where they are or why they have left. More than of the dormant accounts disbursement will 120,000 children still live in consistent poverty. provide approximately \11.5 million specifically Some 50,000 households are on local authority to support priority projects in RAPID areas. Dis- housing waiting lists. The UN report states that cussions are ongoing with Departments regarding more than 600,000 or 15% of people in Ireland prioritisation of other non-capital actions live below the poverty line or are at risk of pov- included in the AIT plans. erty. With all this evidence, are we making pro- As the Deputy will be aware, the RAPID prog- gress? How does the Minister propose to prove ramme is running in conjunction with the in future that we are making progress, which is National Development Plan 2000-2006. While no my biggest concern, and that we are getting value formal decisions have been taken on the lifetime for money? 1103 Priority 21 March 2006. Questions 1104

E´ amon O´ Cuı´v: Perhaps the Deputy could do Proposed Legislation. me a favour because I genuinely cannot find a 60. Mr. O’Shea asked the Minister for Com- reference to a sum in any of the statements made munity, Rural and Gaeltacht Affairs his views on about RAPID at the beginning. On this famous amending the Dormant Accounts Act 2001 to statement, to which people keep referring, of allow emigrant organisations to seek funding \ somebody referring in some way to 2 billion, my from the dormant accounts fund; and if he will suspicion — I cannot find the reference anywhere make a statement on the matter. [10958/06] and I went looking — is that it said X amount of money was available for social inclusion measures Minister of State at the Department of Com- in the national development plan, and that relates munity, Rural and Gaeltacht Affairs (Mr. N. to the original RAPID programme and how we Ahern): I have no plans to introduce further dor- have changed it. mant accounts legislation. As I indicated in reply RAPID began as a re-prioritisation of existing to Question No. 913 on this topic on 25 January spend on social inclusion measures under the 2006, the Government is fully committed to pro- national development plan so that it would be viding supports to vulnerable Irish communities front-loaded in disadvantaged areas. Previously, living abroad. This commitment is clearly demon- under NDPs those who were best able to make strated by the allocation of significant funding the applications got the money and, therefore, we directly from the Exchequer to support emigrant \ tried to make sure the funding under the national organisations. In 2005 alone, more than 8.25 mil- lion was allocated for such services and this figure development plan would be allocated in RAPID \ areas. I suspect, in that context, funding for social will increase by 45% in 2006 to more than 12 inclusion was mentioned. However, I have looked million. This allocation demonstrates the Govern- ment’s continued commitment to funding emi- up the press releases issued at the time and could grant organisations without the need to expend not find a reference to this. It is difficult, there- time and resources on new legislation or to fore, to make a comparison with something I specifically earmark dormant accounts funding. cannot find. It was not mentioned in the press With regard to the dormant accounts fund, dis- releases when RAPID was established. bursements are designed to assist three broad cat- egories of persons, those who are economically or Mr. English: What are the spending plans? socially disadvantaged, those who are education- ally disadvantaged and persons with a disability. ´ E´ amon O Cuı´v: The Deputy referred to per- In light of the significant funding for emigrant formance indicators. While Pobal has com- organisations as outlined above, I intend that missioned a review, the most powerful perform- allocations from dormant accounts in 2006 will ance indicator is the AITs in the communities. If remain focused on tackling disadvantage in I am told by the teams the programme is working, Ireland. In this regard, following Government I have much more faith in that than all the com- approval, I announced details on 4 January 2006 mentary of the external gurus. concerning the allocation of \24 million for the purpose of supporting programmes and projects Mr. English: I accept the Minister’s comment tackling economic and social disadvantage. on performance indicators but I have also received bad reports on the ground from people Mr. O’Shea: Does the Minister of State agree involved. the Government had no problem introducing legislation to convert the dormant accounts fund E´ amon O´ Cuı´v: Tralee AIT made a powerful into a slush fund to aid it in the run-up to the presentation to the national monitoring commit- next general election? Does he further agree that tee recently. One of the speakers said they were a significant amount lodged to the dormant doubters of the process but that it had worked. It accounts fund came from bank accounts belong- is working because many different strands have ing to emigrants to England, in particular? They been added to it and every allocation has had an lodged money in Irish banks with the intention of returning to Ireland and using it, but that never immediate effect on the ground because com- happened. Does the Minister of State concur that munities are given confidence that they can influ- equity and fairness is an issue in this regard and ence issues. These areas have been prioritised that an appropriate amount, based on the pro- under the dormant accounts fund, which gives ceeds of accounts of emigrants who intended to them specific money to spend. We have pushed return but did not do so, should be used to sup- hard on the co-ordination. The Deputy referred port emigrant services? to many statistics but both of us know it will not The task force on emigrant services recom- be easy to solve this problem. We have laid good mended the provision of \34 million for such foundations on which to build. The four or five services by 2005. In 2006, \12 million will be pro- communities involved would not want us to scrap vided, one third of the recommended allocation. these foundations and move in a new direction It is not the case that great things are being done because that always happened in the past. They for our emigrants. Does the Minister of State want us to build and improve. agree that not alone should the \34 million 1105 Priority 21 March 2006. Questions 1106 recommended by the task force be provided, but additional funding. We should remember these additional funding should be provided through people. They did not go to Britain because by the dormant accounts fund and it is incumbent on choice but because Ireland could not provide the Government to introduce amending legis- them with a living. A proportion of the dormant lation? It would not be as complicated as the account funds should be used to help those who legislation introduced to convert the dormant went to Britain and who have fallen on bad times, accounts fund into a slush fund. whatever the reason.

Mr. N. Ahern: I do not agree the money col- Mr. N. Ahern: I do not have the data on the lected from the dormant accounts of emigrants locations of the—— should be used for emigrant services. That is not the direction the Government is taking. We have Mr. O’Shea: Will the Minister of State try to agreed three categories for the disbursement of get it? Apparently a private individual is trying to funds and these funds assist people in get in on this act. disadvantaged areas. We do not have data on the locations of accounts, for example, how many Mr. N. Ahern: I do not have it and do not know were in Ballymun, Ballyfermot or Ballybunion, or if I really want it. The Deputy may want to know how many were held by people living abroad or whether it is possible some of the accounts were in Ireland. We will not go down that road because held by people abroad. I am sure some were. We if we did, the money would not be invested in are spending the money on social and economic disadvantaged areas, given that it is likely few of disadvantage. What does the Deputy want? Does the accounts were held by people from these he want us to distribute the money in areas from areas. Funding will be provided for the three cat- which it came, probably wealthy areas because it egorise agreed by Government. was presumably the wealthy who—— Significant funding is being invested in emi- grant services. I acknowledge the Deputy’s com- Mr. O’Shea: That is illogical. It does not make ments on the task force recommendation but any sense. funding this year has increased by 45% and that is huge by any standard. Given that the funding Mr. N. Ahern: It is not. Presumably, it was is on such a curve, additional funding will be pro- people with money who had these accounts. The vided in the coming years. This year’s budget is Deputy appears to be trying to undermine what 12 times what it was seven or eight years ago. we are trying to do by suggesting we send the Significant funding is being allocated to emigrant money back to wealthy areas. groups. Funding could be spread thinly but the Department of Foreign Affairs, which is the Mr. O’Shea: People who were not very well off sponsoring Department, is looking after such saved hard. groups and it is not our intention to allocate money from the dormant accounts fund in this Mr. N. Ahern: I will not take that direction. regard. Since that Department is providing fund- ing, it is not our intention to provide money from National Drugs Strategy. dormant accounts, while accepting that money is 61. Mr. Gregory asked the Minister for Com- needed in this area. Money is being provided by munity, Rural and Gaeltacht Affairs when a the sponsoring Department and whether it should decision will be made on the funding application have been provided years ago is another issue. by a group (details supplied) in Dublin 7 for their drug rehabilitation project; and if he will make a Mr. O’Shea: I cannot fathom the Minister of statement on the matter. [10960/06] State’s logic regarding what the Government decided. Money in the dormant accounts fund is Mr. N. Ahern: As I indicated in a reply to the used for emigrant services and for the purposes Deputy earlier this month, I am aware of the he mentioned. Will the Minister of State at least rehabilitation programme being provided by this acknowledge that a substantial number of dor- project. It is in receipt of substantial core funding mant accounts, the proceeds of which were of approximately \80,000 per annum. In addition diverted into the dormant accounts fund, were FA´ S provides funding through its special cate- held by emigrants to England, in particular? The gory community employment scheme for the report of the task force on emigrant services was trainees and supervisor of the project. accepted by the Government in August 2002 but An application for additional assistance from only one third of the recommended budget will the emerging needs fund has been made on be provided this year. Does the Minister of State behalf of the project. This application, with a not agree that if dormant accounts money is large number of others, is being considered at additional to State funding within the State, the present and a decision on the matter will be funding for emigrants should be dealt with simi- made soon. larly? There is inequity in the situation. Many of our people in Britain, in particular older people, Mr. Gregory: When will a decision be made? are in need and the services for them require That was my question. I have raised this question 1107 Priority 21 March 2006. Questions 1108

[Mr. Gregory.] visor and \80,000 per annum of core funding on a number of occasions, but do not seem able which provides two extra staff. Therefore, there to get that information. Will the Minister of State are currently three staff involved in the project. clarify whether there is a deadline on this and FA´ S is an important agency in the area of the whether he intends to make a decision or leave it rehabilitation of drug addicts and currently has on his desk? approximately 1,000 CE places ringfenced for it. Is the Minister of State aware that concerned Many projects with FA´ S CE places do great people in the north-west inner city were encour- work. I distance myself from the Deputy’s criti- aged by the health board, the drugs task force cism of FA´ S because its projects are worthwhile. and everybody involved in the drugs problem in The Deputy’s comments are at variance with the that area to create a process for rehabilitation and facts and with what people on the ground would reintegration into the community? This group, say. the first community-based group to provide a workable and successful rehabilitation project, set Mr. F. McGrath: That is rubbish. up the project in good faith, but the funding door has been slammed in its face. It is not good Mr. Gregory: The Minister of State knows that enough that the Minister of State should speak of is not what I said. substantial funding when this group is running a project for heroin addicts on a shoestring with the Mr. F. McGrath: The Minister of State should assistance of a FA´ S scheme. Is that the attitude go up to Coolock and he would see the situation. of the Government and the Minister of State who has special responsibility for the drugs problem? An Leas-Cheann Comhairle: Order, please. Is the response to drug rehabilitation to leave it toaFA´ S scheme? Mr. Gregory: He should not put his own spin Is the Minister of State aware that the people on what I said. benefiting from this scheme have, on average, Mr. N. Ahern: I am answering the questions I been addicted to heroin for ten to 12 years, since was asked. their early teens? Is he aware their heroin addic- tion arose from social disadvantage and the neg- Mr. Gregory: Is drug rehabilitation part of the lect by Governments of this area of the inner FA´ S brief or its responsibility? city? Now, when they attempt to rehabilitate and reintegrate themselves into the community, they An Leas-Cheann Comhairle: Order, please. are again excluded by the Government. They are excluded from funding that would provide staff. Mr. N. Ahern: This matter has been recom- Surely the Minister of State accepts that rehabili- mended to me. In the Deputy’s words and the tation cannot occur without full-time staff and a words of others we have a project that is deemed proper premises. This cannot be provided by a very successful. It has three staff members and ´ FAS scheme and the limited funding that has caters for 14 or 16 recovering drug users. The been made available to date. What are the Mini- funding proposal put forward is for an extra ster of State’s views on this and how much money \151,000 for three more staff. If the project is so is being spent on drug rehabilitation projects in successful, I am at a loss as to why it needs to the inner city? double its staff. I am told there is a Cabinet committee that The proposal has been made and I have read deals with social inclusion and drugs, with the the file on it carefully. I am still not fully happy various Departments represented on it. Has this and have many questions on it. I hope to visit the committee examined the issue of rehabilitation? project and speak to those involved. Many It was the failure of the health services to provide people, including the Deputy and others, have this type of service that caused the community to recommended the project. However, if it is so fill the gap and develop a workable rehabilitation successful, I wonder why it needs an extra project. Having done this, the community is get- \151,000 for three more staff. It seems a big ting a slap in the face for its efforts from all con- change in resources to move from three to six. I cerned. Will the Minister of State make a decision will not reject the proposal without talking to the on the issue as quickly as possible? In making his people involved. decision he should consider in detail the work and success of this project to date and the value to the Mr. Gregory: The Minister of State may have community and society generally of reintegrating forgotten what I asked. I welcome the fact the people who have been unfortunate to suffer from Minister of State intends to visit the project — I heroin addiction for more than ten years. know he visited it previously and think he launched it. Leaving FA´ S aside, what is being Mr. N. Ahern: Some of what the Deputy has spent by the Minister of State’s Department on said is over the top and I do not quite understand drug rehabilitation projects in the inner city? him. He says there is a very good project in the area rehabilitating people and that is fine. It was Mr. N. Ahern: I cannot give the Deputy an set up under the process and has a FA´ S super- overall figure now but under the mid-term review 1109 Priority 21 March 2006. Questions 1110 of the strategy we agreed to make rehabilitation However, the review highlights the need to the fifth pillar. Currently a working group is refocus priorities and accelerate the roll-out and addressing rehabilitation in conjunction with all implementation of various key actions in the the relevant agencies. It is accepted by the remaining period of the strategy up to 2008. In Department that one of the weaknesses in the this context, a number of new actions and amend- strategy concerned rehabilitation. The working ments to others were identified. These changes group is operational and will submit its report have strengthened the strategy and will enable it this year. to deliver its aims more effectively. Ten of the strategy’s 100 existing actions were Mr. Gregory: The Minister of State made great replaced, a further seven were amended and eight play of all the money he was spending and all the new actions, which aim to address issues such as resources made available for this issue—— family support and rehabilitation, were added. In terms of progress, the review found that 49 of the An Leas-Cheann Comhairle: We must move on original 100 actions outlined in the strategy are to Question No. 62. completed or are of an ongoing nature, progress was ongoing on a further 45 and there were six Mr. Gregory: He does not know how much is actions on which considerable progress has still to being spent on drug rehabilitation in the inner be made. city, even though he has responsibility for drugs. Rehabilitation was identified as an issue that The only possible explanation is that nothing is needed to be developed. It was agreed that being spent on drug rehabilitation. rehabilitation should become the fifth pillar of the strategy and that a working group be estab- An Leas-Cheann Comhairle: Question No. 62, lished to develop a strategy for the provision of please. integrated rehabilitation services. Mr. F. McGrath: The Minister of State should I established the rehabilitation working group, resign. which includes representatives from a range of Departments and agencies involved in delivering Mr. Gregory: He should start investing in it. rehabilitation services as well as the national drugs strategy team, the national advisory com- 62. Mr. English asked the Minister for Com- mittee on drugs and representatives from the munity, Rural and Gaeltacht Affairs the main community and voluntary sectors. The report of aspects of the national drugs strategy where con- the working group will be available in the com- siderable progress remains to be achieved; the ing months. way in which he intends to ensure that all the 100 recommendations contained in the strategy and Additional information not given on the floor of those amended through the mid-term review of the House. the strategy are implemented in full by the All the actions in the national drugs strategy strategy’s end; and if he will make a statement on are progressing with significant input and co- the matter. [11082/06] operation from other Departments and agencies, such as the Health Service Executive, the Garda Mr. N. Ahern: The report of the steering group Sı´ocha´na, the customs service of the Revenue on the mid-term review of the national drugs Commissioners, the Department of Education strategy was published in June of 2005. The and Science, the Department of Justice, Equality report was the culmination of a comprehensive and Law Reform, the Irish Prison Service and review, which included extensive consultation FA´ S, as well as the community and voluntary with Departments, agencies and the public. sector. The review was overseen by a steering group, I am confident that the current consensus on chaired by my Department and made up of rep- the direction of the national drugs strategy will resentatives of the relevant Departments and remain and that we will continue to respond in a agencies as well as the community and voluntary focused way as the situation evolves. sectors. Some assistance was provided by external consultants. The review sought to assess the Mr. English: I thank the Minister of State for impact and direction of the strategy at its mid- his reply, although I do not agree that there are point and the steering group concentrated on encouraging signs of progress. The report he identifying beneficial adjustments to the strategy refers to was published almost a year ago and and highlighting priorities for the second phase those who wrote it might change their minds in up to 2008. the current climate, with people being shot and The steering group found that the current aims drug usage increasing. We are going backwards and objectives of the drugs strategy are funda- in terms of the availability of drugs. Drugs are mentally sound. It confirmed that there have widespread and readily available in every town been encouraging signs of progress since 2001, and village in the country and usage has increased when the strategy was first launched, suggesting considerably. Regardless of what a report indi- that our current approach to tackling the drug cates, the Minister of State knows that drug usage problem is proving to be effective. has increased. Progress may have been made in 1111 Priority 21 March 2006. Questions 1112

[Mr. English.] Mr. N. Ahern: I do not deny that there are implementing some of the strategy’s recom- more drugs available now but supply reduction is mendations but progress has not been made in one of the pillars of the strategy. At some levels, tackling the overall drug problem. the Garda Sı´ocha´na has been very successful. A major part of the drug strategy was the intro- Seizures in recent years have yielded enormous duction of regional drugs task forces. These task amounts of drugs. The Garda Sı´ocha´na and cus- forces were set up three or four years ago and toms officials have been very successful. I their plans were finally submitted last September, recently attended the launch of a new x-ray scan- although many of these were simply a copy of the ner for use by customs officials, which can scan national plan. A sum of \5 million was allocated full containers and trucks as they come through and we now discover that less than 13% of that the ports, much like what happens with suitcases has been spent or drawn down. Only 4% was at airports. While the Garda Sı´ocha´na and cus- spent in the greater Dublin region, where there is toms officers are seizing more drugs, a large an enormous drug problem, and 0% was spent in amount is still getting through. the midlands, despite the fact that several reports The regional drugs task forces may have been have indicated a major increase in the use of slow in getting their plans finalised, but those cocaine and other drugs. plans are now agreed and approved, and funding What does the Minister propose to do to has been provided. ensure the money is spent and results are achieved? I have spoken to people involved in Mr. English: Nothing is happening. the regional task forces who are not happy with the progress made to date. In some areas, staff Mr. N. Ahern: The people the Deputy is talk- have resigned. What is the problem and why is ing to on the ground—— there a delay in spending the money? I com- plained in the past about the delay in publishing Mr. English: The Minister of State knows this the plans. The plans finally arrived but now the himself. money is not being spent. I have been told that staff in the Department of Community, Rural and Mr. N. Ahern: We approve the plans and Gaeltacht Affairs are selecting certain elements provide the funding. from the plans and making recommendations on what should be funded. I do not know if that is Mr. English: There is something wrong. The true but my understanding was that if a task force funding is not going out—— produced a plan, it would be allocated funding Mr. N. Ahern: There is no problem with and directed to implement that plan. The task funding. forces spent four years designing their plans and the Department should back off. Mr. English: Who do we blame for that? Money is not being spent but it is likely that next December or January, the Minister of State, Mr. N. Ahern: There is no problem whatsoever Deputy Noel Ahern, and other Ministers will with the money. hand over large cheques and smile for photogra- phers in the run-up to the general election. That Mr. English: Only 4% was spent in six months. will be next year’s money. It is a shame. Let us spend the money now and get results. An Leas-Cheann Comhairle: Allow the Mini- Community policing was highlighted in most of ster of State to respond. the regional drugs task force plans as an essential element of the way forward. Much ranting and Mr. N. Ahern: I saw the Deputy’s press raving has taken place in the past few days over release yesterday—— the figures for the Garda Sı´ocha´na and the fact that numbers have dropped in many places. In Mr. English: The Minister of State gave me my home town of Navan, there are seven fewer the figures. gardaı´ than there were 20 years ago. In the greater Dublin area, there were only two more Mr. N. Ahern: Of course, but there is no prob- gardaı´. lem with funding. Spending is being driven at local level by the regional drugs task forces. We An Leas-Cheann Comhairle: That is a matter do not give the money to those task forces. for another Minister. Different projects will involve the HSE, local authorities, VECs and so on. We would like such Mr. English: How will we improve community agencies to send their bills to us on a weekly or policing if the numbers of gardaı´ are down? Will monthly basis but that does not happen. We will the Minister of State lobby the Minister of probably be hit by a raft of bills next November. Justice, Equality and Law Reform to increase the The figures we supplied to the Deputy refer to level of community policing, given that it is high- the amount that has been claimed from the lighted in most task force plans as a successful Department by the various agencies and is not way to tackle the drug problem? necessarily an accurate reflection of the amount 1113 Priority 21 March 2006. Questions 1114 being spent on the ground. I do not have to give Minister of State must take an active involvement any further authority or approval in order for in spending the allocated money and pushing the things to happen on the ground. That is now strategy. I am concerned it lacks drive. The Mini- entirely up to the regional drugs task forces. ster of State is the man to drive the strategy. However, just because something is approved There is no point in saying the money is available. does not mean it will happen overnight. I want to see it spent with results.

Mr. English: I totally accept that. Mr. N. Ahern: We are driving the strategy. We are pushing it but we need a little pull as well. Mr. N. Ahern: There is a process involved in We are working with the national drugs strategy developing and building up a critical mass of team. I understand the Deputy’s concerns but it appropriate staff. In many cases, it will take a will happen as the year goes on. I would be con- number of months to get the key projects up and cerned if a half a dozen staff were to begin work- running. That is all being driven at local level, in ing on the strategy next Monday. I would be co-operation with the national drugs strategy much happier if there was one recruit every four team. There is no block or hold in terms of the weeks so that it is built up in a proper way. At the Department’s role. All the plans from the regions end of the year most of the funding will be spent. were estimated to cost \12.5 million and to take approximately three years to implement. The task Migrant Workers. forces have been given approval for \5 million, which is more than enough for this year. Next 63. Mr. O’Shea asked the Minister for Com- year, they will probably be given another couple munity, Rural and Gaeltacht Affairs his proposals of million, as they develop and get projects up to establish local development structures to meet and ready to roll out. specifically the needs of migrant workers and Garda numbers in Dublin are up by approxi- their families; and if he will make a statement on mately 600. the matter. [10959/06]

Mr. English: The numbers are only up by two. E´ amon O´ Cuı´v: The Department of Com- munity, Rural and Gaeltacht Affairs is not the Mr. N. Ahern: No, they are up by 600 since the lead Department with regard to migrant workers. Government came to power eight years ago. The However, since 2004 they have been regarded as figures discussed yesterday do not include a target group under the local development social specialist units, most of which are based in inclusion programme, the LDSIP. The prog- Dublin. Extra gardaı´ have been assigned to the ramme aims to counter disadvantage and to pro- national drugs unit, the Criminal Assets Bureau mote equality and social and economic inclusion and the bureau of fraud investigation. These are through the provision of funding and support to additional to the figures that Deputy English’s local partnerships. It is administered by Pobal, on colleague was arguing about yesterday. The behalf of the Department of Community, Rural reality is that there are 800 to 900 extra gardaı´ and Gaeltacht Affairs, and is funded through the in Dublin. national development plan. At local level, it is delivered at by 38 partnerships, 31 community Mr. English: Will the Minister of State bring partnerships and two employment pacts in their the issue of community policing to the attention designated areas. The three measures it delivers of the Minister for Justice, Equality and Law are services to the unemployed, community Reform? Although every Garda station may have development and community-based youth access to a drugs squad, it will not have one based in it. initiatives. Under the LDSIP a significant number of area- Mr. N. Ahern: Every Garda division has one. based partnerships, community partnerships and employment pacts have developed actions to sup- Mr. English: It does not. Every station needs a port migrant workers and their families. While person dedicated to combating illegal drugs many of the actions are still at an early stage, the crime. As it takes so long to get a result in a drug partnerships can build on several years’ experi- crime, to keep detection figures up, many stations ence in the programme of providing supports for put their efforts into combating other areas of refugees and asylum seekers. crime. Will the Minister of State bring this to the Types of actions carried out under the LDSIP, attention of the Minister for Justice, Equality and with other agencies and programmes, to meet the Law Reform? needs of migrant workers and their families The Minister of State claims the money is avail- include helping ensure that migrants’ information able but there is no more he can do. I believe he needs are met in appropriate ways, including in a is interested in tackling the drugs problem. Will variety of languages, arranging language classes he take charge and demand results? The strategy that are accessible to migrant workers and their needs to be driven. We waited long enough for families, facilitating the participation of migrant the recommendations of the mid-term review. We workers and their families in intercultural events cannot wait any longer to spend the money. The and their use of local amenities, community 1115 Other 21 March 2006. Questions 1116

´ ´ [Eamon O Cuı´v.] An Leas-Cheann Comhairle: The Deputy is out development processes to facilitate migrant of order. It is a Priority Question in Deputy workers and their families to take an active part O’Shea’s name. in programmes and policies that affect them and anti-racism initiatives at local level. Mr. O’Shea: This is an important issue and Pobal, the Dublin Employment Pact, and the every effort must be made to have an integrated Migrant Rights Centre Ireland are supporting an and multicultural society. The Minister has action research project on local development informed us that no one is answerable to him or strategies to meet the needs of migrant workers that he has no control over measures that are and their families. The research, intended to being drawn up for planning processes and good share practical lessons and to inform thinking practices for migrant workers. Is that not an about future strategies, will be published by the admission that he is doing nothing in the area? middle of 2006. As part of the cohesion process The issue of the integration and the welcoming of on local development the Department is the migrants and their families into our society extending the coverage of area partnerships to is not moving as it should. This is because the the whole State. Department is not forthcoming in its support.

Mr. O’Shea: For the past five years, migrant E´ amon O´ Cuı´v: It must be the jet lag that is workers and their families have comprised the getting to me. Pobal is funded by the Department largest single group of new residents in the State. and it operates independently on a day-to-day There have been problems, most notably with basis. On certain days of the week, it employment and work permits. A report is to be 4 o’clock is the Labour Party’s favourite policy prepared on the pilot project run by Pobal, the that people should operate indepen- Dublin Employment Pact and the Migrant Rights dently of the Department. Centre Ireland. I understand the analysis was to Pobal established a review group that claimed have been completed by December 2005 and the in autumn 2005 that it will publish a report in report documenting the planning process and spring 2006. Now, it claims it will publish it in the good practice was scheduled for publication in mid-year. The end of spring and mid-year are not spring 2006. From the Minister’s reply, I take it far apart. The Deputy then asks me to hold them the project is well behind schedule. to that. Since I did not commission the report, it is not so simple. Deputy O’Shea is always laying E´ amon O´ Cuı´v: No. The LDSIP autumn 2005 down good practices for me to follow, one of newsletter stated: which is I should lay down policy. However, I cannot become involved in the day-to-day man- The analysis is expected to be completed by agement of the agency. Deputy English asked the December 2005, with a report documenting the Minister of State to drive the drugs strategy, yet planning processes and good practice sched- the Opposition go mad with the Government for uled for spring 2006. introducing legislation to ensure control over—— I presume it is still on target to be published by spring 2006. Is spring in the middle of the year? Mr. O’Shea: Yes, I have a problem with legis- It is not far off. lation for slush funds.

Mr. O’Shea: We will hold the Minister to it. E´ amon O´ Cuı´v: When I spend the money, I am asked to keep control and micromanage it. If I E´ amon O´ Cuı´v: I am only telling the Deputy introduced legislation to take over Pobal, I would what I was informed. The Deputy cannot be hold- be accused of creating another slush fund and try- ing me to anything. ing to take total control. At times one cannot win with the Opposition because it is so inconsistent. Mr. O’Shea: I would not dream of doing that. There is no point in doing so. Mr. O’Shea: I am not accusing the Minister of creating a slush fund. I am accusing him of doing E´ amon O´ Cuı´v: The House amazes me at very little. times. Pobal, the Dublin Employment Pact and the Migrant Rights Centre Ireland, the groups E´ amon O´ Cuı´v: The Opposition’s approach is involved in the project, operate independently of inconsistent. the Department of Community, Rural and Gael- tacht Affairs. Since I cannot hold Pobal to any- Other Questions. thing, there is no point in holding me to when its report will be published. ———— Mr. English: The Minister could give them the National Drugs Strategy. funding to finish the project. 64. Ms McManus asked the Minister for Com- E´ amon O´ Cuı´v: I cannot micromanage. If I did, munity, Rural and Gaeltacht Affairs if he has had I would be accused of interference. discussions with the Department of Justice, 1117 Other 21 March 2006. Questions 1118

Equality and Law Reform regarding the preva- Additional information not given on the floor of lence of crack cocaine here; his views on the the House. danger this drug poses to communities, especially I fully accept that a potential danger exists that in urban areas; his further views on whether use the use of crack cocaine could spread rapidly. of the drug, though relatively confined for the Crack cocaine is a most damaging drug. Its use time being, can quickly spread; and if he will can cause fatalities in young, otherwise healthy make a statement on the matter. [10812/06] people as a result of strokes, heart attacks and clots and damage to the heart muscle or lungs. It Mr. N. Ahern: I assure the Deputy that I am in is also a highly addictive drug. Moreover, the ongoing contact with all those involved in dis- Garda Sı´ocha´na has informed me that the rupting the use of illegal drugs, not just the Mini- aggression associated with crack cocaine use ster for Justice, Equality and Law Reform. The could result in a rise in street crime and anti- available figures come from the joint national social behaviour. advisory committee on drugs and the drug and The potential damage of widespread crack alcohol information and research unit, Northern cocaine use is startling. However, I assure the Ireland, drug prevalence survey. This study sur- Deputy that I will continue to monitor the veyed 8,442 people aged 15 to 64 in Ireland and situation. In addition, I will ensure that all neces- Northern Ireland between October 2002 and sary steps are taken to address increased threats, April 2003. should they arise. The survey showed that the use of crack Mr. O’Shea: I thank the Minister of State for cocaine was very low at that time: 0.3% reported his reply but one sentence in it gave me cause for lifetime use, 0.1% reported use in the past 12 concern. That was a reference to a study of one months and there were no positive respondents drug to the exclusion of others. On the last concerning last month use. It is intended that a occasion we debated these matters, I tabled a second comprehensive drug prevalence study will Priority Question on crack cocaine. We went be carried out from late 2006 to mid-2007. Pre- through the various issues pertaining to the use liminary analysis will be done in the months fol- of crack cocaine, which make it a much more lowing that, with a first report of national preva- dangerous drug than any of the others we have lence figures and trends expected late in 2007. dealt with heretofore. For instance, 80% of crack I am confident that through the implemen- cocaine users become addicted within a fortnight tation of the actions in the national drugs strategy of first smoking it. That is serious and represents and the projects and initiatives operated through a rapid growth in its use. In dealing with this part- the local and regional drugs task forces, the prob- icular drug we need a focused, hands-on lem of crack cocaine use can be addressed. Each approach, including monitoring and surveillance. of the drugs task forces has in place an action No specific study has been carried out on the use plan to tackle drug use in its area based on its of crack cocaine in the State. own identified priorities. They continue to have The Minister of State also mentioned the new ongoing contact with their local communities. drug prevalence study which is to start this aut- These projects deal with supply reduction, pre- umn and will continue until mid-2007. Is that vention, treatment and rehabilitation for a range sufficient, however, given that this drug has the of drugs, including crack cocaine. Most drug users potential to cause a serious escalation of drug- engage in poly-drug use and, therefore, projects related illnesses and chaotic lifestyles? It also has generally aim to address this pattern of usage the potential to cause an increase in all crime rather than concentrating on one drug to the committed by cocaine addicts seeking to obtain exclusion of others. funds for their next fix. As a crack cocaine trip lasts 40 to 50 seconds, it is well known that such Over the past year or so, I have visited a addicts need to get frequent fixes. The Minister number of drugs task force areas and discussed of State knows exactly what I am talking about. with community representatives and others the More focused monitoring is required to cope with nature of the drug problem in their regions. I the increasing use of crack cocaine which can be have also met senior members of the Garda extremely damaging to society. As these devel- Sı´ocha´na who are involved in the drugs area. My opments can occur rapidly, a close eye needs to meetings and discussions indicate that crack be kept on them. cocaine is not being used extensively in Ireland but is confined to small areas of the population. Mr. N. Ahern: I do not disagree with anything Garda figures show that most of the recorded the Deputy has said. There is no doubt that crack seizures of crack cocaine, particularly in the past cocaine is much more dangerous than any other two years, have been in the north central division illegal drugs. The potential damage of its wide- of the Dublin metropolitan region. Garda drug spread use is quite startling. When I was abroad units and community policing personnel are tar- last week, I took the opportunity to visit some geting this problem with a view to addressing it drug awareness projects and discussed them with and stopping the spread of crack cocaine to a those concerned. The problems they have with wider area. crack cocaine are frightening and put other drug 1119 Other 21 March 2006. Questions 1120

[Mr. N. Ahern.] selling and behavioural therapy. One can only problems in the ha’penny place. There is no provide that, however, when people seek treat- doubt that what the Deputy says is true but ment or are observed to have that problem. potential crack cocaine users are more likely to While we are being vigilant, some responsibility be existing drug addicts who are already in treat- must rest with the individual. Many likely users ment. I sincerely hope they are less likely to be of crack cocaine are those who have previously first-time drug users in the 15 to 20 year old had a drug problem and who have been stabilised bracket. and weaned off it. Some cases involve chaotic We try to combine treatments for many drugs people. However, there is no doubt that crack to help people who already may be receiving cocaine is a serious matter and even people who rehabilitative treatment for cocaine or heroin. We believe they are experienced drug users or abu- have upskilled many staff so that they can spot sers must be very careful because, as Deputy and deal with various kinds of drug abuse. I agree O’Shea stated, one can become addicted to it with the Deputy that we need to be more careful, quickly. focused and aware because if crack cocaine abuse increases to a large extent we will be dealing with 65. Mr. Crowe asked the Minister for Com- a problem that is totally different from anything munity, Rural and Gaeltacht Affairs his views on we have yet seen. There is no substitution treat- whether the methadone programme is not a ment, such as a methadone equivalent, for crack panacea in the fight to tackle drug addiction; and cocaine, however, so it is up to trained, vigilant if so, the other measures which are being staff, including counsellors who are already deal- implemented or considered to combat heroin ing with these people, to keep a close eye on the use. [10774/06] situation. Mr. N. Ahern: While I have responsibility for Mr. Crowe: I wish to inform the Minister of the implementation of the national drugs State that crack cocaine is in my area in Tallaght strategy, the licensing of drugs such as methadone so there is a problem in that regard. I welcome to treat heroin addiction is the responsibility of the fact the Minister of State has visited other the Minister for Health and Children. Objective centres. There is a need to erect a firewall to stop reviews and evaluations have consistently shown the spread of this drug, which has the added that the prescription of methadone can lead to danger of the violence that is associated with it. reduced heroin use, reduced criminal activity and A number of pilot drug treatment schemes have reduced spread of HIV and sexually transmitted been launched in Dublin, which are currently diseases. It can stabilise an addict, allowing many being assessed and evaluated. In my area, more to lead otherwise normal lives. than 100 people are attending one such prog- While methadone is not the only tool we have ramme but it is up for evaluation and we have to combat heroin use, it has been an enormous been told it will close in April. A sum of \80,000 aid in helping thousands of drug misusers to beat in funding was provided for this project for six their addiction. More than 7,900 people receive months but it has been running for 14 months. I methadone treatment. Encouragingly, estimates realise the Minister of State is seeking responses from the national advisory committee on drugs from the projects but is there a date for the con- indicate that the number of heroin users has clusion of the evaluation process? The sooner it started to decrease in Dublin and has stabilised is concluded the better. One of the key areas we at low levels nationwide. The methadone main- need to address involves the use of cocaine and tenance programme has played a part in this crack cocaine. decrease in numbers. The 2005 report of the steering group on the mid-term review of the Mr. N. Ahern: I do not have an update on the national drugs strategy called for the expansion evaluations but I have heard favourable reports of methadone treatment. on the project to which the Deputy referred. I An alternative to methadone, bupenorphrine, will check on the situation and will revert to the was licensed 18 months ago by the Irish Medi- Deputy privately on it. One part of the national cines Board for use in specialist settings. Clinical drugs strategy is that projects must be evaluated trials have shown that bupenorphrine can result before they are mainstreamed and funding is allo- in reductions in heroin use, increased retention in cated. I accept that the reports of that project are treatment and reduced craving. Compared with positive and it is being professionally evaluated. methadone, there is less sedation and more lim- The Customs and Excise service and the Garda ited withdrawal symptoms. I understand the Sı´ocha´na have been targeting cocaine and crack Department of Health and Children is in dis- cocaine dealers and have had much success in this cussion with the Irish Medicines Board on the regard. Garda statistics show that most recorded issue of prescription of bupenorphrine by seizures of crack cocaine in the past couple of general practitioners. years have occurred in a confined part of the I established a rehabilitation working group to Dublin north central division. There is no substi- examine the provision of services for drug mis- tution treatment for crack cocaine, however, and users, including those who abuse heroin, and to the best that can be done is the provision of coun- make recommendations for improvements. The 1121 Leaders’ 21 March 2006. Questions 1122 report of the working group will be available in viously used to grow sugar beet and the pro- the coming months. Treatment and rehabilitation cedures to distribute the sugar compensation is just one aspect of this Government’s approach package; (3) Deputy Ferris — the possibility that to combating heroin use. Approximately 1,000 the promised community hospital at Tralee will places are available for recovering drug misusers not go ahead in 2006 despite assurances from the under the special FA´ S community employment Health Service Executive; (4) Deputy O’Dowd — scheme. that the Minister outline the action he intends to take to tackle rising crime in Drogheda, Ardee Mr. Crowe: I asked this question because I am and Dundalk; (5) Deputy Crawford — that aware of the increase in the number of people on adequate and equal funding be provided for the the methadone programme from 1,861 in 1997 to Health Service Executive in the north-eastern 8,962 in 2005 and that many people believe region on a per capita basis; (6) Deputy Cowley addicts are individuals and while methadone may — that the Minister reconsider her stance on the work for one individual, it may not work for provision of free health care for women who are everyone. What is the alternative? Addicts seem severely affected with hepatitis C; (7) Deputy to be pushed down the methadone route. Harkin — to discuss the situation regarding the However, many people believe that it replaces funding crisis experienced by frontline services one class A drug with another. Statistics also sug- responding to violence against women in Sligo- gest it is harder to give up methadone than Leitrim; (8) Deputy Cooper-Flynn — the reason heroin. Have we examined any alternatives? for the proposal by the Reception and Integration What supports are there for addicts who do not Agency to reclassify the accommodation centre want to go down the methadone route? In any at Kiltimagh, County Mayo, from family to single treatment centre, if a person is on heroin, the person accommodation; (9) Deputy Curran — next step is to go on methadone. In many cases that the Minister offer every assistance to a per- an addict who wants to reduce the quantity of son (details supplied) to have their two children methadone is not allowed to do so. We need returned to them from Australia; (10) Deputy alternatives. People are individuals and supports Ring — the position on a project (details do not seem to be in place. supplied) in County Mayo; and (11) Deputy Healy — the need to fund rape crisis centres and Mr. N. Ahern: The Deputy’s comments are women’s refuges properly and remove the fund- reasonable. I repeat the reply that the programme ing cap on these services. has been generally successful and has reduced The matters raised by Deputies Ferris, crime. I accept it is not suitable for everyone and Crawford, Kirk and Ring have been selected for it is not a long-term solution to put people on discussion. methadone and expect it to last for the rest of their lives. I mentioned bupenorphrine, which is called subutex in other countries. A report also Leaders’ Questions. exists on naloxone. The Department of Health Mr. Kenny: Yesterday, we witnessed the extra- and Children is examining those other drugs and ordinary scenes of a Minister making disgraceful they may be prescribed for some people. Some of political and personal remarks against a Member them have aspects which would be suitable for of the House. That the allegations were made some and not for others. against one of the most committed, honest and As part of the mid-term review we generally diligent parliamentarians made the offence all the accepted that putting people on methadone is not worse. I heard the apology of the Minister for a long-term answer. That is why the working Justice, Equality and Law Reform this morning. group on rehabilitation was established and why Deputy Bruton has, as one would expect from rehabilitation will get a higher status as the fifth him, accepted that apology with great dignity. It pillar from now on. I accept the point made by might be of interest to the Taoiseach that one of Deputy Crowe that being put on methadone is the books which Joseph Goebbels attempted to a temporary solution and it should not continue have published was called Michael. I hope this for years. experience will be a watershed for the Minister for Justice, Equality and Law Reform and that, Written Answers follow Adjournment Debate. in the future, instead of responding to serious matters of crime and growing crime with bluff Adjournment Debate Matters. and bluster, he will deal with the facts and recog- An Leas-Cheann Comhairle: I wish to advise nise the serious problems which the Garda Sı´och- the House of the following matters in respect of a´na face in keeping our streets safe. which notice has been given under Standing Will the Taoiseach confirm that the figures Order 21 and the name of the Member in each used by Deputy Bruton on Garda numbers in the case: (1) Deputy Kirk — the indicative time scale Dublin metropolitan area being at 3,740 on 31 for the Office of Public Works plans on decentra- December 2004 as against 3,742 on 31 December lisation to Drogheda, County Louth; (2) Deputy 2005 were correct and based on replies given to Naughten — the need for the Minister to outline him by the Minister for Justice, Equality and Law her plans for the future utilisation of lands pre- Reform? It is a “yes” or “no” answer. 1123 Leaders’ 21 March 2006. Questions 1124

[Mr. Kenny.] Mr. Costello: The Minister for Finance said it The Taoiseach’s Government stated it will be would be 2008 before they were all recruited. judged on whether people feel safer in their homes and on the streets at night. I will examine The Taoiseach: We are in the midst of the some of the key performance indicators in that biggest recruitment drive for new officers since area. Every year since 1998, detection rates have the foundation of the State. Starting in January fallen. Serious crime has increased by almost 20% 2005, more than 1,100 new officers per year have since 1998. Last year, 54 murders occurred, 16 been and are being recruited for three years. more than in 1997, a 42% increase. Rape The number of officers assigned to stations in increased by 61% and firearm offences by a the Dublin metropolitan area has risen by more whopping 440% in the same period. These crimes than 600 since 1997, from 3,200 to 3,794. In terrorise families, communities and individuals. addition to those gardaı´ assigned to stations in There is a sad story behind every statistic. Dublin there are 147 officers in the Dublin traffic Last night the Minister for Justice, Equality unit, 99 officers in the Dublin command and con- and Law Reform had a restless night. If so, he trol unit, bringing the strength of the force in the was still protected by two armed gardaı´, unlike Dublin region to 4,400 personnel today. This does the woman who keeps \200 under her pillow, in not include any of the several hundred officers fear that she will be broken into for the third included in the special units, such as the drugs time, as something to offer to keep herself safe. squad and others. They are not included because Perhaps the Minister does not have two armed they work mainly but not exclusively in Dublin. gardaı´ at his house. The reason for the seemingly low number of The following are critical questions for the gardaı´ in Dublin Garda stations in December Taoiseach and his Government in respect of 2005 was the transfer of 50 personnel from the being able to keep our policing methods up with uniformed service in Dublin stations in 21st century criminal activity. Why, after nine November to the national bureau of criminal years, are gardaı´ reduced to making telephone investigation. Under the auspices of Operation calls on their own mobile telephones for com- Anvil, those 50 officers dealt exclusively with munication purposes? Why, after nine years, have criminals involved in gun crime. we not had a serious review of rostering to let gardaı´ on the streets at night and weekends to be Mr. Costello: That was purely overtime. seen by the people who want to see this happen? Why is it that after nine years there are still 200 The Taoiseach: The number of gardaı´ available gardaı´ doing work that civilians could do? to Dublin stations increased every month for the I hope today might be a watershed for the past year. The latest figures show that there were Minister for Justice, Equality and Law Reform 3,685 gardaı´ in Dublin stations on 31 March last and for the Government. Serious crimes are run- year compared with 3,794 today, making an ning at more than 100,000 a year. If this Minister extra 109. survives for another 12 months, he will have pre- sided over 500,000 serious crimes which is truly a Mr. McCormack: Where are the extra 2,000? horrific legacy. Yesterday’s events showed us that the Minister is hurting badly because his policies The Taoiseach: The Minister made the point are not working. It is time for action in dealing that the overall increase in crime categories was with the serious facts exposed by Deputy Bruton disappointing because there was an increase in yesterday. the fourth quarter of last year compared with the first quarter of 2004. The Taoiseach: We have tried successfully to recruit more gardaı´ so that by Christmas there Mr. Crawford: That is zero tolerance. will be more than 14,000 in the force. That will include the students who are still in training. The Taoiseach: That figure was down on the 2003 figure and the statistics for last year and the Mr. J. O’Keeffe: There will be fewer than provisional headline figures, which I presume are 13,000. open to final examination, show decreases in some of the most serious categories. Man- Mr. Rabbitte: What about the pensioners? slaughter was down 50%, aggravated sexual assault was down 43%, robbery of cash goods in The Taoiseach: They will be trained and be transit was down 27%, robbery from the person good gardaı´. There will be 1,743 more gardaı´ if was down 23% and theft from the person was one excludes the trainees. down 18%.

Mr. J. O’Keeffe: The Taoiseach should stick to Mr. McCormack: Soon we will have no need the facts. for any police.

Mr. McCormack: How many are retiring? Mr. Durkan: What about the figures for rape? 1125 Leaders’ 21 March 2006. Questions 1126

Ms O. Mitchell: Yes, what about the figures for Mr. Allen: How does the Minister condemn murder and rape? the crime?

An Ceann Comhairle: Allow the Taoiseach Mr. Hayes: People do not report crime any speak without interruption. more.

The Taoiseach: I am quoting from the Commis- The Taoiseach: According to the records these sioner’s provisional report. are the statistics.

Ms O. Mitchell: That is called selective Mr. Timmins: There is non-detection and non- reporting. reporting.

Mr. Rabbitte: What about the figures for Mr. Kehoe: That is zero tolerance. burglary? An Ceann Comhairle: Allow Deputy Kenny An Ceann Comhairle: Allow the Taoiseach. speak without interruption.

The Taoiseach: I do not know offhand the fig- Mr. Kenny: Mr. Goebbels used to say that truth ures for burglaries. was the enemy of the state. I asked the Taoiseach a question. He has a pile of statistics in front of Mr. Allen: What about murders? him. Deputy Bruton used figures supplied by the Minister for Justice, Equality and Law Reform, The Taoiseach: The Minister tells me there was according to which on 31 December 2004, there an increase. In interpreting the figures one must were 3,740 gardaı´ in the Dublin metropolitan consider a sizeable increase in population. This area, and on 31 December 2005, there were 3,742 morning I read the figures supplied by the Mini- in the same area. Is that figure right or not? Is it ster’s Department. In 1995 with a population of correct or incorrect — yes or no? 3.6 million there were 29 crimes per thousand The figures the Taoiseach has read out seem to head of population, in 2005 with a population of indicate that he is trying to portray a lessening of more than 4.1 million there was an equivalent of aggression on the streets, a diminution in killing 24.6 crimes per thousand. by firearms, and a lower incidence of murder on streets around the country. That is not the case. Mr. Naughten: What was the ratio of gardaı´? Under the stewardship of this Minister and his predecessor, detection rates have fallen continu- The Taoiseach: The gardaı´ figures are up. ally. Those detection rates and the rise of serious crime are the key performance indicators by Mr. Naughten: What is the ratio per head of which this Minister and the Government will be population? judged. This refers not only to headline crime but to rape, assault, murder, possession of guns, lar- Mr. Hayes: They are up by two. ceny and so on. Why were 65% of assaults undetected in Bray The Taoiseach: By the end of this year there compared with 21% undetected in Santry last will be 3,500 more gardaı´, including the students year? Why were 72% of robberies undetected in going through the system. Clondalkin compared with 36.8% in Crumlin? Why must gardaı´ use their mobile phones to com- Mr. McCormack: What is the figure per head municate when they are up against the most of population? sophisticated criminal underworld this country has ever seen? Does that not indicate a total fail- Mr. Naughten: Are student doctors also con- ure by the Minister to supply the gardaı´ with the sidered as qualified doctors? equipment to do the job the people want them to do? Why are community police not deployed An Ceann Comhairle: Allow the Taoiseach more often at weekends and at night on streets speak without interruption, please. and in estates throughout the country where people want to see them? The Taoiseach: There are not more robbers. There is a crying need for the comfort of know- The crime rate is down per thousand head of ing that uniformed gardaı´ are on patrol. Why is population. this not happening? Why has there been no review of effective rostering to get gardaı´ out on Mr. Kehoe: The Taoiseach should go to any the streets where people want to see them? Is it rural community to find out about crime. not a fact that fundamentally the commitment in terms of garda numbers given by the Minister for The Taoiseach: By our own and international Justice, Equality and Law Reform cannot be met standards crime has decreased. Any crime is one and, despite all the hype, rhetoric, bluster and too many. intervention, will not be met? 1127 Leaders’ 21 March 2006. Questions 1128

[Mr. Kenny.] the digital communications system for the Garda It remains a fact that there is aggression on the will be in place next June. streets, the incidence of gun crime, assault, rob- If one excludes the people transferred, in part- bery and serious assault is increasing, and the icular the 50 personnel from the uniformed level of detection has fallen under this Govern- service who were moved, the answer to Deputy ment’s stewardship. Surely that is an indication of Bruton’s question is “yes”. As one who is good failure at a time when law and order have become with mathematics, I think Deputy Bruton will fundamental to the lives, fears, safety and con- accept that when making a comparison it is wrong cerns of our citizens. to exclude 50 people.

The Taoiseach: The Deputy has asked me sev- Ms O. Mitchell: The Minister excluded them. eral questions. Less crime is still being detected.

Mr. Kenny: The Taoiseach should give a yes or Mr. Bruton: On a point of order—— no answer. An Ceann Comhairle: No other member may Ms O. Mitchell: The Taoiseach should answer intervene during Leaders’ questions. the first question first. Mr. Bruton: The Taoiseach should read the The Taoiseach: I will answer all the questions. Minister’s reply.

Mr. Durkan: That will be a break with An Ceann Comhairle: Deputy Bruton will have tradition. to find another way of raising the issue. We are dealing with Deputy Kenny’s question. He is the Ms Enright: The Taoiseach should get on with only one entitled to ask a supplementary question it. and he is entitled to hear the answer. Mr. Bruton: There has been talk of lying here Mr. McCormack: The Taoiseach should say and I expect the protection of the Chair. “Yes” or “No”. An Ceann Comhairle: The Deputy will have to Mr. Kenny: The Taoiseach need only say yes find another way of raising the matter. The Chair or no. is not here to intervene in the functions of the debate. The Taoiseach: The figure of 14,000 will be reached at the end of the year. From 1995 to 1997 Mr. Kenny: Perhaps the Taoiseach might read there were 53 homicides while last year there the Minister’s reply. were 58. That is certainly an increase, but one must take into account that the population has An Ceann Comhairle: Deputy Kenny has had also increased by 600,000. his opportunity and should allow the Taoiseach to reply. Mr. Kenny: I asked a “yes” or “no” question. The Taoiseach: I am not getting into a dispute (Interruptions). about this. I am told that the low figures of per- sonnel in the Dublin Garda stations in December An Ceann Comhairle: Allow the Taoiseach to 2005, was due to transfer of 50 personnel from speak without interruption. the uniformed service.

The Taoiseach: The Garda budget in the Mr. Bruton: The Taoiseach is giving the Estimates for the capital programme has gone up impression that I am misleading the House. 35%, a huge increase. The strength of the force has increased significantly and the Garda budget The Taoiseach: I am not. I am merely giving is up 39%. The Commissioner has undertaken to the reason. If the Deputy was not told that, I am review the force’s performance, looking at some telling him now. new techniques in the areas where detection rates I have no difficulty mentioning the areas where are not so high. crime has increased. However, the policy of this Detection rates for crimes against the person Government was first to stop the revolving door continue to compare very well internationally. system—— Detection rates for property crime, vandalism, criminal damage and burglary, particularly of Mr. Allen: Starting with zero tolerance. unoccupied houses and business premises, are low internationally, and we are no exception. The The Taoiseach: ——to open up 1900 additional detection rates for property crime are falling and prison places, to bring Garda numbers up to the Minister raised this issue with the Garda 12,500 and now to 14,000. We had to make a con- Commissioner several months ago. I understand siderable investment in Templemore training 1129 Leaders’ 21 March 2006. Questions 1130 college to provide the necessary facilities. The poses. That is the snail’s pace performance on civ- policy was also to resource the Garda properly, ilianisation, just one aspect of the responsibility both in terms of existing staff, overtime rates and of the current Minister for Justice, Equality and equipment. Allowing for the population increase, Law Reform. the figures do not show that crime rates have increased, except in some areas, which I accept. The Taoiseach: Deputy Rabbitte is aware that the surplus clerical staff in the Department of Mr. Rabbitte: What is wrong with that reply is Agriculture and Food is to be appointed to the that the Taoiseach, like the Minister, is rhyming posts he speaks of. I understand some 300 people off statistics as if we were insulated in this House are to be involved. from what is going on in the streets and the estates. There is little point in telling people one Mr. Naughten: I thought they were going to is spending more money. The Government is look after the driving tests. spending more money, on the health services, for example, but it is not getting better value for it. The Taoiseach: I do not want to repeat all the Crime rates are worsening and more seriously, figures again, but we will have an additional 3,500 detection rates are worsening. In Dublin, the sub- gardaı´ on the streets. Our population has ject of this controversy, homicides were up 53% increased. The Minister took action to increase last year, yet detection rates in Dublin have fallen Garda numbers to what they are today. That took to 32%. If one takes any of the other areas, an enormous effort. Anyone familiar with the whether it is the 85% of burglaries, the 65% of training programme and the top class new facili- thefts the 62% of robberies or 44% of physical ties at Templemore will be aware of the effort to assaults which go undetected, we have a crisis of do that. We will reach the figure of 14,000. We confidence in the Government’s capacity to got rid of the revolving door because there are administer justice and police protection. 1,900 extra places, due to the fact that we have Many parts of the Taoiseach’s constituency and resourced the Prison Service and the Garda in of mine are tortured by anti-social behaviour yet terms of capital and resources, including overtime it is not possible to have the relevant estates which, perhaps, is not always the best means but policed visibly by gardaı´ on the beat. The Mini- it is necessary to have the individual programmes. ster seems to miss that point. He made a gracious We have managed to cut crime in many places. I apology for his entirely unbecoming antics yester- do not wish to get into the argument with Deputy day and I will say no more of that. However, I Rabbitte on the number of homicides for Dublin. heard people say he did not believe what he was I want to give the number of homicides for the saying. My concern is that he does believe what country which in 1993 was 53 and in 2005 was 58 he is saying and does not acknowledge the con- cern on the streets and in the estates. He seems with a population of a difference of 600,000. That to confuse the number of interviews he gives with is 53 and 58 too many. I am not happy with the number of additional gardaı´ he appoints. those numbers. Since the Government made zero progress on While the figures from the provisional headline zero tolerance for the five years before the cur- crime statistics for last year show an increase of rent Minister for Justice, Equality and Law 2.7% compared to 2004, the level of headline Reform took office, with the Taoiseach having crime in 2005 is lower than for 2003 by 1.6%. the wisdom to remove the former Minister and Even with an increase in population there is very put him in charge of hanging pictures and little difference. The figures show that man- attending race courses, is there now an argument slaughter is down 50% and aggravated sexual for appointing Deputy McDowell to the Depart- assault is down 43%. Those are substantial ment of Community, Rural and Gaeltacht reductions. It is fair to examine the numbers per Affairs? He speaks the language well and would 1,000 of population. Going back to 1995, the fig- be able to go about the country doling out little ures show a reduction — I wish it was far more — gifts from the dormant accounts fund. He is mani- from 29 crimes per 1,000, to 24.6 crimes per 1,000. festly overstressed and there are citizens out There are problems of lawlessness in some there who do not feel safe in their homes or on areas. The Public Order Act was successfully the streets. The rate of detection is falling to a implemented on St. Patrick’s Day. This time last level which is alarming most people. year I was here dealing with the difficulties that I draw the attention of the House to the 2001 arose on St. Patrick’s Day. I congratulate the Garda report on civilianisation. Under this plan, Garda and the Minister on the fact that there 556 gardaı´ were to be freed up to attend to the were very few difficulties on St. Patrick’s Day this prevention of crime. Five years later, does the year. One of the reasons for that—— Taoiseach know how many of the 556 have been transferred to operational and crime prevention Mr. Timmins: The Minister must have been duties? None. Some 113 people have been far away. appointed to civilian posts but no clerical admin- istrative personnel have replaced gardaı´ to free An Ceann Comhairle: The Taoiseach without them up for crime detection and prevention pur- interruption, please. 1131 Leaders’ 21 March 2006. Questions 1132

The Taoiseach: The Minister was in College ster is not doing his primary job and the Green on St. Patrick’s Day. Taoiseach appears quite happy to acquiesce in I do not want to get into the other issues either. that position. He will hear all about it when he The Minister has dealt with personal issues—— goes out to meet real people.

Mr. Gormley: No, he has not. Ms McManus: Hear, hear.

The Taoiseach: ——and it has been accepted The Taoiseach: While I have acknowledged by Deputy Kenny. some of the difficulties it is entirely wrong for any Member, not least Deputy Rabbitte, to try to por- Mr Sargent: He is not reading the newspapers. tray this or any other city as a lawless zone because that is totally untrue. This city has the The Taoiseach: I meant to answer Deputy third highest number of tourists in Europe. All Kenny’s question. I declare my position by saying the research carried out shows it is a safe city. I I have personal security. In fairness to the Mini- acknowledge there are pockets in my constitu- ster for Justice, Equality and Law Reform he has ency and in that of the Deputy. For crimes against not used personal security. I do not want to make the person the detection rate is very good but an issue of that because that may not be wise. when the crimes are against property the detec- tion rate is not as good. I acknowledge that. Mr. Rabbitte: On the Minister’s performance We will have 14,000 gardaı´ shortly. We have a yesterday he does not need any personal security. If the Taoiseach wants to move outside Dublin I number of dedicated specialist units. The highest will instance the case of the answers given to my amount of resources in the history of the State colleagues, Deputies Stagg and Wall. The are being given to the Garda. It has a substantial increase in serious crime in the past five years in capital programme — resources it has never had Kildare is 55%. We can swop figures all day. — to deal with technology and other issues. Its Those figures came from the Department of training is acknowledged internationally as being Justice, Equality and Law Reform. The fact is the second to very few. To give the impression that in position is worsening and there is no confidence some way this is a lawless country is not correct. I out there. People are concerned when they are have acknowledged that any crime is a bad thing. the subject of a burglary, a robbery or a personal Though perhaps the number is not as high as it assault that the crime will go undetected. That is was many years ago, unfortunately too many the issue and the Minister speaks about all his people are involved in drug-related crime. There legislation. Let us take the Criminal Justice Bill is also a bad and sinister element in society which which has been around for two years. When pub- shoots each other, even friends of people, and lished it had 34 pages. Today the Minister pub- shoots others also. I do not deny any of those lished 340 pages of amendments to the Bill. That things. Let us not try to portray that the 12,500 is the way this Minister legislates. The Bill bears gardaı´ are not doing their best to deal with crime. no similarity to the one originally published. In regard to the Criminal Justice Bill the Mini- When the House demands adequate time to ster has already said he will have it recommitted. debate it, he will complain the House is an irri- Effectively this will be a Second Stage debate to tant. The Taoiseach gets up and defends him for deal with the amendments. We all know it will all his life is worth, despite the memory of the help the Garda in crime detection. I have also posters. We have some great photographs from said that the Minister has asked the Garda Com- yesterday for posters in the next election. The missioner, and I understand the Deputy Com- Taoiseach will not say a word of condemnation missioner, Fachtna Murphy, is undertaking an about, for example, the disgraceful behaviour of examination of that issue, to ascertain what more the Minister for Justice, Equality and Law they can do by way of procedures to improve Reform on the floor of the House when he sought to link the Green Party to rioters and looters in their lot. With a far bigger population the level of South Frederick Street. It was an outrageous crime, in international and national comparison, charge to make against the Green Party and its is down. The level is still too high because we not members and yet the Taoiseach never issued a want to see a society with any crime, particularly word of rebuke. when there is close to full employment. Some 20 The fact is that detection rates are falling at an years ago unemployment and social disadvantage alarming rate. Some 85% of burglaries go unde- was given as the reason for high rates of crime. tected and 44% of personal assaults go unde- That argument is gone. tected. That is why people are afraid to walk some streets of this and other cities at night. That Mr. J. Higgins: I must move on to a different is why people are targeted for anti-social behav- topic, but yesterday’s events show that mocking iour in their homes in estates in parts of my con- is catching. stituency and in parts of the Taoiseach’s constitu- ency and there is no Garda to be found. The An Ceann Comhairle: The Deputy should stick Garda reforms have foundered because the Mini- to the topic on Leaders’ Questions. 1133 Leaders’ 21 March 2006. Questions 1134

Mr. J. Higgins: When former Deputy Desmond pendent Deputies, who have different ideological O’Malley predicted wrongly that Deputy Michael viewpoints, are opposed to the privatisation of D. Higgins would go mad if in Government, it Aer Lingus, as are the vast majority of Irish was bound to happen to one of his own. I said people. I ask the Taoiseach to reflect again on from this spot three years ago that it was a mis- where he is going and adopt a different tactic of take to allow the Minister for Justice, Equality maintaining the airline fully in public ownership and Law Reform close that last padded cell in and investing in it. Mountjoy because it might be required for him- self. Yesterday’s events go to show that. The Taoiseach: For Aer Lingus to grow, In the past few weeks the Taoiseach has got develop and expand in the immediate future, to many letters from Aer Lingus workers asking him get access to many new locations which it wants, to step away from privatisation of the company. and to avail of the opportunities of the European- Will he agree that as the financial experts of the US open skies agreement as against the current Government say, privatisation would realise only position where it can only fly into the five air- approximately \400 million, the price of a mere ports, it needs the flexibility and the competitive four aeroplanes? The argument that this vital advantage to be able to operate on that basis for strategic public asset should be privatised does its employees and the other issues. It needs not stand up. approximately \2 billion, not \400 million, over I ask the Taoiseach to reflect on a number of the period ahead to successfully operate on that issues. The European Commission has clarified basis. there is no barrier to the State investing in the national airline. The chairman of the National Mr. Broughan: What about leasing? Development Finance Agency, Dr. Somers, told me at the Committee of Public Accounts that if Mr. Cullen: It is the same effect. the Government asked it, it would have full powers to source funding for equity into Aer The Taoiseach: It is still a charge. The Mini- Lingus and would have the expertise. We were sters for Transport and Finance are completing also told that the National Pensions Reserve the review of the report prepared by the advisers Fund, on the directions of the Government, on the nature, scale and timing of the investment invests billions of euro in private industries transaction and will shortly advise the Govern- throughout the world including, shamefully, in ment of their consideration of the issue. Third the armaments industries and big tobacco “killer” party investment is necessary to provide the com- industries yet it will not be asked to invest in the pany with access to equity to fund its business socially useful underpinning of the national expansion plans and ensure it has the strength on airline. its balance sheet to withstand the recurring down- turns and external shocks that are a recognised An Ceann Comhairle: The Deputy’s time has feature. In the future, unlike the last two concluded. occasions when the State was able to help when the airline ran into difficulties, the State will not Mr. J. Higgins: Will the Taoiseach reflect on be able, on those day to day issues, to put in the inglorious record on privatisation of Fianna resources. Fa´il and the Progressive Democrats? Eircom The National Treasury Management Agency is involved an orgy of asset stripping and specu- an independent body. Because of a wise decision lation, with huge detriment to investment in that made by this Government some years ago to put industry. The Irish Sugar privatisation has wiped 1% of our national growth into a fund, we now out the beet industry to be replaced not by small have \15 billion in the National Pensions Reserve holders from the Third World but sweated sugar. Fund. I am aware that in the first few years, We had the B&I Line privatisation and last year’s because of Y2K, the returns were not good but spectacle of Irish Ferries replacing trade union last year I understand the figure was 19%. We workers with virtual galley slaves. have \15 billion which we can write off against When it comes to the privatisation of public our national debt and bring it down to a very low assets, Fianna Fa´il and the Progressive Demo- figure. They are independent in their decision crats have shown themselves to be the Podge and making. We are talking about a number of inter- Rodge of Irish politics, reinforcing one another’s national figures. If they believe, and I am sure ideological banalities and prejudices and the Dr. Somers would have told the Deputy this — backbenchers, like their audience, do not know that is a good strategic investment for them in whether they should laugh or squirm in embar- Aer Lingus when the options become available, rassment. They should squirm in embarrassment they can make that decision. There is nothing if they are prepared to tolerate the sell-out of barring them from doing that. I want to see Aer thousands of Aer Lingus workers, their communi- Lingus grow and expand and not remain in its ties and the national airline. current position or to decline. There is a good Why will the Taoiseach not show the same opportunity for it to do that with an increasing commitment to a publicly owned airline as that number of passengers and locations, good oppor- shown by the Aer Lingus workers? All the Inde- tunities in the future and more employment, not 1135 Requests to move Adjournment of 21 March 2006. Da´il under Standing Order 31 1136

[The Taoiseach.] the opportunities that exist in the aviation only in Aer Lingus but in the related areas of market. tourism throughout the country, which is a very I understand the point the Deputy is making. I good employer. referred to the National Pensions Reserve Fund, whereas the Deputy spoke about the NTMA rais- Mr. J. Higgins: Dr. Somers said the NTMA can ing funds for the State. However, my first answer raise up to \5 billion and that this money could, still applies. If the NTMA wants to use money in theory, be invested. He said that is a policy from the reserve fund, that is a strategic decision issue and not a decision for him to make. He said that can be made. The employment potential is that simply put, while it is technically possible it great for Aer Lingus and that has a knock-on is not his call. It is the Government’s call. The effect. There have been difficulties with airlines Government could make the call. A combination around the world due to terrorism and other of borrowing in this way and leasing is entirely factors, but Aer Lingus can still expand and grow. possible to kit out the national airline with all the The EU-US open skies policy will allow us to aeroplanes it needs in the future. access many more airports in the US. Is it because the Taoiseach does not have any confidence in the future of Aer Lingus that he is Requests to move Adjournment of Da´il under not prepared to do this or is it that he is ham- Standing Order 31. strung by the Fianna Fa´il-Progressive Democrats An Ceann Comhairle: Before coming to the ideology? How does the Taoiseach explain what Order of Business, I propose to deal with a happened to the other industries he privatised? Is number of notices under Standing Order 31. he not ashamed of what has happened to B&I, Irish Sugar and Eircom? Does he not realise it is Mr. Naughten: I seek the adjournment of the inevitable that if he privatises Aer Lingus, it will Da´il under Standing Order 31 to debate the fol- finish up in the hands of the same sharks that lowing urgent matter: the immediate need for the moved in, with dreadful consequences for Government to outline the measures it is taking workers and for this State, to take control? Does to develop alternative uses for the land previously the Taoiseach want his contribution to Irish his- utilised by the Irish sugar processing industry fol- tory to be that of a facilitator for the asset strip- lowing the closure of that industry; the need for ping of the national airline? the Minister for Agriculture and Food to inform the House of the steps she took, if any, to try An Ceann Comhairle: The Deputy’s time has to retain the industry for a final season and the concluded. procedures she intends to employ when distribut- ing the compensation envelope to those within Mr. J. Higgins: He may have moved on at that the industry who now face substantial losses. stage but that is what will happen. Is the Taoiseach aware of the history of New Zealand Mr. Ferris: I seek the adjournment of the Da´il Air, which was privatised with disastrous con- under Standing Order 31 to debate the following sequences and then had to be bought back by the urgent matter: the possibility that the proposed New Zealand state? community hospital project in Tralee will not be I ask the Taoiseach to listen to those workers given the go-ahead in 2006 despite assurances to who have been in touch with him and who have that effect from the Health Service Executive, shown tremendous commitment to this public and the implications this has for the area. asset and will continue to do so. Instead of taking a direction of privatisation, will he bring them Dr. Cowley: I seek the adjournment of the Da´il into the heart of the management of the airline, under Standing Order 31 to debate the following together with the investment, so that we can build urgent matter: if the Ta´naiste will reconsider her up this even more powerful company which will stance on the provision of free health care to be beneficial for the economy and the people of around 100 Irish women who are very ill with Ireland? hepatitis C but who have not tested positive for it, although they have every symptom of the ill- The Taoiseach: I made the point to Deputy ness and have had a positive diagnosis of hepatitis Higgins that the workers will have 15% of the C from consultant hepatoligist, and who desper- company. The workers are part of it and the State ately need help now. will retain whatever percentage it 5 o’clock decides to get. I do not believe that Mr. O’Dowd: I seek the adjournment of the will hold back or result in a decline Da´il under Standing Order 31 to debate the fol- in Aer Lingus. When I was Minister for Finance lowing urgent matter: the crime figures for in 1993, Aer Lingus had to let several thousand County Louth which have increased significantly workers go and it happened again a few years since 2000. Headline crime was up from 1,800 ago. At the same time, Aer Lingus was not crimes in 2000 to 2,600 in 2005, which is an allowed to develop, expand and move ahead in increase of 41%. Of the 841 burglaries recorded the market. It should be allowed to do so given in Louth in 2005, only 60 were detected. This 1137 Order of 21 March 2006. Business 1138

Government is losing the battle against serious Mr. Sherlock: My motion is on the Mallow crime. sugar factory.

Ms O. Mitchell: I seek the adjournment of the An Ceann Comhairle: We are dealing with Da´il under Standing Order 31 to debate the fol- requests to move the adjournment of the Da´il lowing urgent matter: the reversal of Government under Standing Order 31. policy in abandoning the long-promised introduc- tion of meaningful competition in the bus market Mr. Sherlock: It was submitted under Standing in Dublin, the sacrifice of the public interest to Order 31. vested interests and the immediate need to put vast numbers of additional buses on the streets Mr. Durkan: That is a disgrace. of Dublin. Mr. Boyle: I seek the adjournment of the Da´il Mr. Crawford: I seek the adjournment of the under Standing Order 31 to debate the following urgent matter: to allow statements to be made in Da´il under Standing Order 31 to debate the fol- the House by the Minister for Agriculture and lowing urgent matter: the failure of the Govern- Food and the Minister for Enterprise, Trade and ment to fund any of the truly cross-Border pro- Employment on the decision to close the sole jects, such as the Castle Sanderson scouting remaining sugar manufacturing plant in Mallow, project, the Ballybay wetlands or the re-opening County Cork, outlining what measures will be of the Ulster Canal. The Government is undertaken and support given to employees of demanding that cross-Border projects be brought the plant as well as sugar beet farmers who now forward for funding between now and 2012, yet have no outlet for their produce, and whether the some of these projects have not even been visited Government has any plans to encourage the con- by the Government officials concerned. version of the manufacturing process of this plant to produce ethanol as a substitute fuel. Aengus O´ Snodaigh: I seek the adjournment of the Da´il under Standing Order 31 to debate the Mr. Healy: I seek the adjournment of the Da´il following urgent matter: the need for the Govern- under Standing Order 31 to debate the following ment to address properly institutional racism urgent matter: to fund rape crisis centres and within the State, including its failure to recognise women’s refuges properly and to remove immedi- Travellers as a distinct ethnic minority, its immi- ately the funding cap on these services which has gration measures that have had discriminatory been in place since 2002, and to ask the Minister effects, as well as its inclusion of the equality brief to make a statement on the matter. within a Department that prioritises a criminal justice agenda, as highlighted in a new report by Mr. Hayes: I seek the adjournment of the Da´il Amnesty International. under Standing Order 31 to debate the following urgent matter: the recent revelation by the Mr. Crowe: I seek the adjournment of the Da´il Radiological Protection Institute of Ireland that under Standing Order 31 to debate the following residents in Clonmel and the surrounding areas urgent matter: on International Day against are at risk of radon poisoning and are experienc- Racism, the need for the Government to address ing as much radioactivity as workers at Sellafield, the role it is playing in encouraging racism by fail- and the urgent need for action due to the proven ing to deliver adequate resources for health, link between exposure to radon gas and the incid- housing, education and social security, resulting ence of lung cancer. in the wrongful scapegoating of immigrants and ethnic minorities. Mr. Cuffe: I seek the adjournment of the Da´il under Standing Order 31 to debate the following Caoimhghı´nO´ Caola´in: I seek the adjournment urgent matter: the failure by the Minister of the of the Da´il under Standing Order 31 to debate Environment, Heritage and Local Government to the following urgent matter: on International Day place any of the six nominees put forward by 24 against Racism, the need for the Government to environmental organisations onto the board of develop and implement a proactive, viable, com- the Environmental Protection Agency’s advisory prehensive national strategy for the positive inte- board. gration of immigrants and ethnic minorities into society, and for the mainstreaming of measures in An Ceann Comhairle: Having considered the all levels of Government and public services. matters raised, they are not in order under Stand- ing Order 31. Mr. Sherlock: Within the last hour, I was advised by the Ceann Comhairle’s office that my Order of Business. motion was not being allowed. The Taoiseach: It is proposed to take No.11, Aviation Bill 2005 [Seanad] — Order for Report, Mr. Boyle: It is not allowed as a Private Report and Final Stages; and No. 12, National Notice Question. Sports Campus Development Authority Bill 2006 1139 Order of 21 March 2006. Business 1140

[The Taoiseach.] Mr. Sargent: Will the Ceann Comhairle allow — Second Stage (resumed). Private Members’ the Government—— business shall be No. 47, motion re political donations and planning. An Ceann Comhairle: It is not appropriate to debate the issue now. Mr. Kenny: When is it proposed to publish the Abbeylara report into the death of Mr. John Mr. Sargent: It would take only a minute to Carthy? When can we expect publication of the correct the record. Harris report on the decline of spoken Irish in primary schools that has been with the Minister An Ceann Comhairle: We must deal with the for several months? I assume the reason is not to Order of Business. facilitate translation into Irish but that the National Council for Curriculum and Assessment Mr. Sargent: I am doing so, and with the order wishes to make recommendations before publi- in the House, a matter of interest to the Ceann cation. Perhaps the Taoiseach will state when Comhairle. those two important reports are expected. An Ceann Comhairle: The Deputy is not doing The Taoiseach: I do not believe that we have that, he has gone beyond it. He is asking about a yet received the Abbeylara report, but I may be motion on the Order Paper and whether it will wrong. I will check and let the Deputy know if I be taken in Government time. That is appro- am mistaken. I do not know the situation regard- priate, but he cannot debate that issue. ing the Harris report, but I will ask the Mini- ster’s office. Mr. Sargent: I would like the Minister of Justice, Equality and Law Reform, Deputy Mr. Rabbitte: Has the Government set its face McDowell, to set the record straight. against using the census to update the electoral register? At Question Time with the Minister of An Ceann Comhairle: That does not arise on State at the Department of the Taoiseach, the Order of Business. The Deputy will have to Deputy Kitt, there were several suggestions that find some other way to raise the matter. advantage be taken of the fact that every door is Mr. Sargent: It was a below-the-belt attack, being knocked on, allowing a more reliable data- lobbing a brick through the reputation of Deputy base for the register. Gormley and the Green Party. An Ceann Comhairle: Is legislation promised? An Ceann Comhairle: I call the Taoiseach on No. 66. The Taoiseach: As stated previously, I acknowledge the difficulties with the register. I Mr. Sargent: That is not in order for any know that the Minister of State, Deputy Kitt, has Member of this House, least of all a Minister for discussed the issues with the Central Statistics Justice, Equality and Law Reform. Office and has written to the Minister. However, I believe that the CSO is anxious to concentrate An Ceann Comhairle: It is not appropriate to on census work, not using it for any similar exer- discuss the motion at this stage. cise. The Minister is examining options for the register in the short term. There are also long- Mr. Sargent: I ask for a short time. term issues, but most of us are concerned with what he can do over the next few months. An Ceann Comhairle: The Deputy will have an opportunity to do so. Mr. Sargent: I refer the Ceann Comhairle to No. 66 on the Order Paper and ask that the The Taoiseach: I do not propose to give Government make time available to allow the Government time. Minister for Justice, Equality and Law Reform, Deputy McDowell—— An Ceann Comhairle: I call Deputy Kehoe.

An Ceann Comhairle: No. 66 on the Order Mr. Sargent: I am not prepared to accept that Paper. a Minister for Justice, Equality and Law Reform may enter this House and abuse his power. Mr. Sargent: ——to correct the record follow- ing his unwarranted and untruthful attack on my An Ceann Comhairle: The Deputy is being dis- colleague, Deputy Gormley, in which he made orderly and I ask that he obey the Chair. the incredible statement that Progressive Demo- crats offices had been ransacked by his sort of Mr. Sargent: I am not in the business of being people. disorderly, I am in the business of setting the record straight, and the Minister for Justice, An Ceann Comhairle: I ask Deputy Sargent to Equality and Law Reform is allowing an alle- resume his seat. gation to hang in the air. 1141 Order of 21 March 2006. Business 1142

An Ceann Comhairle: Deputy Sargent should but the Chair will move on to Report Stage of the resume his seat when the Chair is speaking. He next Bill. A party cannot come in here and dis- has an option. He has submitted a motion to the rupt the business of the House in this fashion. Order Paper and requested Government time, which is not available. The matter can be debated Mr. Sargent: The Ceann Comhairle has a in Private Members’ time and that is a matter for responsibility to this House. the Deputy. We will not debate it now. I call Deputy Kehoe. An Ceann Comhairle: It is entirely at the discretion of the Chair. Mr. Sargent: The Minister for Justice, Equality and Law Reform has a responsibility to this Mr. Sargent: The Minister for Justice, Equality House to uphold standards, tell the truth and not and Law Reform is abusing the Ceann Comh- impugn the reputation of any Member in such a airle’s position and that of the House, as well as fashion. my colleague, Deputy Gormley.

An Ceann Comhairle: I ask the Deputy to Mr. Gormley: On a point of order, the Minister resume his seat. The Standing Orders apply to wishes to make a statement. him as to any other Member. An Ceann Comhairle: The Deputy is well Mr. Sargent: The Minister for Justice, Equality aware of Standing Orders. and Law Reform must also abide by Standing Mr. Sargent: I ask the Ceann Comhairle to Orders. uphold the standards of this House. An Ceann Comhairle: The Chair has explained An Ceann Comhairle: There will be a debate to the Deputy that he is being disorderly. tonight when the Deputy will have plenty of time.

Mr. Sargent: I ask the Ceann Comhairle to Mr. Sargent: If I accused the Minister for ensure that the Minister for Justice, Equality and Justice, Equality and Law Reform, Deputy Law Reform abide by Standing Orders. McDowell, of attacking the Green Party’s office, would the Chair allow it to stand? An Ceann Comhairle: No, the Deputy is asking the Chair to request that he leave the House. Mr. McDowell: I withdraw the remark.

Mr. Sargent: There is no way that the Chair can Mr. Sargent: I thank the Minister. ask me to leave. Caoimhghı´nO´ Caola´in: While the Minister for Mr. Gormley: On a point of order, it is dis- Justice, Equality and Law Reform is in the busi- graceful for the Chair to suggest that my party ness of apologising and withdrawing accusations, leader will have to leave the House when—— will he also withdraw the scurrilous remarks that he directed at Daily Ireland, a newspaper that An Ceann Comhairle: That is not a point of many people enjoy and look forward to every day order, and I ask the Deputy to resume his seat. of the year?

Mr. Gormley: That is an abuse. An Ceann Comhairle: That is not on the Order of Business. An Ceann Comhairle: The Deputy knows that it is inappropriate to proceed in this way. The Caoimhghı´nO´ Caola´in: The Minister should Green Party has submitted a motion to the Order withdraw the remarks and apologise. We can be Paper and if it wishes to debate that, it may do so here all day. in Private Members’ time. I call Deputy Kehoe. Mr. Kehoe: This week a Wexford man will Mr. Gormley: The Ceann Comhairle should let appear in court for refusing to pay \362 to the me make my point of order. Health Service Executive because, of five nights he spent in Wexford General Hospital, four of An Ceann Comhairle: That is not a point of them were spent on a trolley. The Taoiseach was order. away last week, and if he went to his hotel room to find that there was no bed and that he had to Mr. Gormley: We can proceed here very rap- spend the night on the floor—— idly if the Minister for Justice, Equality and Law Reform makes a statement. It would take him 15 An Ceann Comhairle: That is not in order. I seconds to do so. What is wrong with the Minister suggest that the Deputy submit a question to the that he—— Minister.

An Ceann Comhairle: If the Deputy wishes to Mr. Kehoe: ——would he let the taxpayers of disrupt the business of the House, he may do so, Ireland pay the bill? 1143 Order of 21 March 2006. Business 1144

An Ceann Comhairle: I call Deputy McManus. plementary Estimate be introduced? Does the Taoiseach know where the sum went or can Mr. Kehoe: I want to ask the Taoiseach a money that is desperately needed in the health question. service not be found? Months have passed since the Minister for Finance, Deputy Cowen, came An Ceann Comhairle: The Deputy has already into the House and alerted us to the fact that it gone outside the Order of Business. I call was missing. Deputy McManus. The Taoiseach: I stated that the HSE would Mr. Kehoe: Does the Taoiseach think it is fair report to the Department of Finance in April. that a constituent must pay the full price of a bed, The Minister has said that he would know the having spent four nights on a hospital trolley? position then, but not until the end of the first quarter. An Ceann Comhairle: That question is appro- priate to the Minister for Health and Children An Ceann Comhairle: I call Deputy Crawford. and I ask Deputy Kehoe to be orderly in the House. He should provide a good example to Ms Burton: The Minister told us that he would other Members. know by February. Mr. Kehoe: It is an absolute scandal that the The Taoiseach: I thought that he said April. Health Service Executive is claiming \362 from a constituent who spent four out of five nights on Mr. Crawford: In light of the report issued a a trolley. few days ago focusing especially on the problem An Ceann Comhairle: We must move on to the of young people drinking, will the Taoiseach next business. reconsider the deal that he made with the drink industry? Ms McManus: The Ceann Comhairle called me and I am entitled to ask a question. An Ceann Comhairle: The question is appro- priate to the relevant Minister. An Ceann Comhairle: The Deputy will be first tomorrow. Mr. Crawford: Will he bring back the Bill on advertising alcohol? Ms McManus: I was called by you. An Ceann Comhairle: The Taoiseach to reply An Ceann Comhairle: Yes, but because of dis- on the legislation. ruption in the House, the Deputy could not be heard. The Taoiseach: The Minister decided to post- pone its introduction pending the outcome of the Ms McManus: I am entitled to ask my question. voluntary agreement. That period has not yet I have never had a problem being heard in this concluded. House. Ms O. Mitchell: More vested interests. An Ceann Comhairle: The Chair could not hear the Deputy when she was called. Caoimhghı´nO´ Caola´in: I have two questions in respect of legislation. Today, the Minister for Ms McManus: The only person stopping me Justice, Equality and Law Reform proposed 200 now is the Ceann Comhairle. amendments to the Criminal Justice Bill 2004 despite its passage through Second Stage in the An Ceann Comhairle: The Deputy will be House. As there are only 38 sections in the Bill first tomorrow. and there will be no Second Stage perusal of such an extensive change to that legislation, would it Mr. Rabbitte: She is the same as ever. not be better and more appropriate if it were Ms McManus: The leader of my party should withdrawn and debated again in the House from be careful. I would like to ask the Taoiseach a the outset? question, and I am completely in order. Yester- When is it planned to bring the Health day the chief executive officer of the Health (Repayment Scheme) Bill 2006, which was pub- Service Executive admitted that accident and lished last week, to Second Stage in this House? emergency services are in a chronic state of crisis. What programme does the Taoiseach and his col- leagues propose to introduce to inform people of An Ceann Comhairle: Does the Deputy have a the methodology of application? question that is in order? An Ceann Comhairle: The second question is Ms McManus: The HSE has been unable to not appropriate. The Taoiseach to reply on the state what happened to \56 million. Will a Sup- legislation. 1145 Aviation Bill 2005: 21 March 2006. Report and Final Stages 1146

The Taoiseach: On the legislation, will the Aviation Bill 2005 [Seanad]: Report and Final Deputy remind me which Bill he was referring Stages. to? An Ceann Comhairle: Amendments Nos. 1, 2, 3, 5 and 11 are related and will be discussed ´ Caoimhghı´nOCaola´in: I referred to the Crimi- together. nal Justice Bill 2004—— Ms Shortall: I move amendment No. 1: The Taoiseach: Yes. I dealt with that earlier. In page 3, between lines 21 and 22, to insert the following: Caoimhghı´nO´ Caola´in: —— and the 200 amendments which were only introduced today. “2.—Nothing in Section 40 (13) the Air Navigation & Transport (Amendment) Act The Taoiseach: I said there would be a recom- 1998 shall (i) permit the detention or sale of mittal to Second Stage. Effectively this means it any aircraft that is not owned by the operator will be a Second Stage debate. who is liable for the charge or (ii) prejudice any right of a Company to recover any Caoimhghı´nO´ Caola´in: What about the Health charges, or any part thereof, by action. Any (Repayment Scheme) Bill? sale ordered under this section shall be on such terms as to preserve the priority and The Taoiseach: It awaits an order for Second interests of any third parties with an interest Stage. in the aircraft or any part of it (including equipment, stores and documents) at the time the aircraft was detained.”. Caoimhghı´nO´ Caola´in: When will it come before the House? There has been considerable debate on this aspect of the Bill and its shortcomings in the The Taoiseach: As the Ta´naiste wants to take Seanad and on Committee Stage. I hope that as it soon, an order for Second Stage will be made the Minister of State has now had an opportunity very shortly. to reconsider his position, he might agree to the amendments tabled by Deputy Olivia Mitchell Mr. Costello: Deputy O´ Caola´in has asked my and me. question. As the Minister for Justice, Equality Many concerns were expressed regarding this and Law Reform is now in the business of with- Bill by aircraft leasing companies and aircraft drawals, perhaps he will withdraw the Criminal maintenance and repair organisations because it Justice Bill 2004 so it can be recommitted to will make it easier for Eurocontrol to take action against the customers of both types of company. Second Stage? It is now nearly ten times—— The Bill puts Ireland at a competitive disadvan- tage by allowing Eurocontrol to go further here An Ceann Comhairle: That is out of order. The than in any other country in terms of providing it Taoiseach has answered that question. with powers to seize and dispose of aircraft. As Eurocontrol is already very successful in col- Mr. Costello: It is now nearly ten times as long lecting unpaid fees, why should such additional as when it was introduced. powers be provided in Ireland? On Committee Stage, the Minister of State made the point that Mr. Broughan: I refer to the energy it would act as a deterrent. However, the existing (miscellaneous provisions) Bill. A few weeks ago powers already do so and there is nothing to indi- before the Minister for Communications, Marine cate that any further deterrents are required or and Natural Resources travelled to meet Gov- would be provided by the provisions of this Bill. ernor Arnold Schwarzenegger’s advisers on Under these proposals and given the inter- energy, he informed Members that he would national nature of the industry, Irish aircraft announce the new Bill. Members still await the owners could find themselves being sued before details. a foreign court. Any statements made by the Minister of State in the House or on Committee The Taoiseach: I do not have a date for it. Stage would be of no value because what matters is not how the Minister of State may wish the Bill Aviation Bill 2005 [Seanad]: Order for Report to be construed but how it is actually construed. Stage. It seems extraordinary that no cognisance will be taken of the rights of aircraft maintenance com- Minister of State at the Department of Trans- panies and aircraft leasing companies in respect port (Mr. Gallagher): I move: “That Report Stage of the principles regarding private property. be taken now.” On Committee Stage, I remarked that the pro- visions of this Bill are akin to giving the ESB the Question put and agreed to. power to seize the house of a landlord whose ten- 1147 Aviation Bill 2005: 21 March 2006. Report and Final Stages 1148

[Ms Shortall.] words, this will create a competitive disadvantage ant has not paid his or her ESB bill. It is exactly relative to every other European country. the same as that scenario. This constitutes inter- Even at this late stage, I ask the Minister of ference with the private property rights of owners State to go back to the drawing board and recon- of aircraft, or in my example, landlords, because sider this provision. I am also convinced that people with whom they do business have there will be constitutional challenges to this defaulted on paying a bill. This is what the Mini- measure based on property rights. We should get ster of State proposes. this right now. Why put an industry that we value, In natural justice, I cannot see how such pro- or say we value, at an unnecessary disadvantage? posals stand up. Undoubtedly, if the Minister of State proceeds along these lines, the legislation Minister of State at the Department of Trans- will be challenged in the courts. I hope he has port (Mr. Gallagher): This amendment and had time to reconsider this matter, that sense will amendments Nos. 2, 3, 5 and 11 are being taken prevail in this regard and that he will accept together. these amendments. The Deputies are quite correct. This matter was debated at length on both Second Stage and Ms O. Mitchell: This issue has been debated at Committee Stage. All of these amendments arise some length in the Seanad and in this House on from concerns about the powers of detention and Second and Committee Stages. I again, with sale of aircraft for non-payment of airport, air Deputy Shortall, make this plea on Report Stage. navigation and communications charges. We genuinely believe that a significant wrong will We have taken a policy decision not to impose be included in this Bill. It is contrary to natural the provisions of the revised Eurocontrol Con- justice. I tabled a composite amendment to the vention concerning joint and several liability in effect that no liability would be created on the the case of unpaid Eurocontrol en route charges. owner of an aircraft unless that owner was also We are not providing in this Bill for those pro- the operator. There should be no lien on an air- visions in Annex IV of the revised convention craft in circumstances where the operator reneges relating to this matter. I assure Deputies Olivia on fees to either Eurocontrol or an airport. There Mitchell and Shortall that the passage of this Bill should be no grounding of an aircraft unless the in its current form will not increase our current offender is both the owner and the operator, and powers relating to detention and sale of aircraft neither airports nor Eurocontrol should be given for unpaid charges. There may be a perception the power to sell aircraft unless the person who that we are doing something new. I will clarify reneges on the bill is also the operator. the position and give the facts. These provisions If Members allow this situation to pertain, they have been in place since 1988. It has been sug- will merely allow tardy and sloppy debt collection gested that this may be unconstitutional and it on behalf of airports and Eurocontrol which has may be challenged. had few problems in collecting bills. As my col- I acknowledge that, in addition to Deputies Mitchell and Shortall voicing concern, a number league, Deputy Shortall, noted, this runs counter of leasing companies also voiced concerns about to natural justice. It makes no sense to go beyond the powers in earlier Acts dating from 1988 and what is required to comply with the regulation. asked, as the Opposition spokespersons to whom I made a similar point in respect of property I refer did, that these be modified in the Air rights on Committee Stage. Deputy Shortall used Navigation (Eurocontrol) Bill 2005. As a result the analogy of an ESB bill. I used the example of of this and the contributions of the Deputies, I renting a car where a person may be fined for an consulted the Attorney General’s office and offence such as speeding. In a case such as this, other interested parties such as the Irish Aviation the Garda could take the car, even though it was Authority, the Dublin Airport Authority and rented. It makes no sense to give this kind of Eurocontrol. All argued against the removal or power to either Eurocontrol or the airports and dilution of the existing powers of detention and it goes far beyond what is permissible under com- sale. pany law for other sectors. Moreover, as this goes beyond what the laws in Ms O. Mitchell: Of course they did. other countries require in similar circumstances, we will penalise our own aviation sector. We will Mr. Gallagher: I am advised that the detention penalise those who lease aircraft or manufacture and sale provisions in Irish law are similar to aircraft parts as well as those who are involved in those in UK law. Both are common law systems. repair or maintenance. In addition, this measure Eurocontrol have also advised that Greece has a will make Ireland an unattractive place for planes detention procedure and that Cyprus has legis- to land because it exposes them to being lation which will become effective on the entry grounded, put up for sale to pay bills or debts, or into force of the revised convention which pro- used against money that is outstanding. Hence, vides for detention of aircraft until judicial we will penalise ourselves as well as the tourism measures are taken against the operator and-or industry and the air freight business. In other owner. 1149 Aviation Bill 2005: 21 March 2006. Report and Final Stages 1150

Ms O. Mitchell: That is outrageous. for airport charges. Any change in the legislative provisions relating to Eurocontrol charges would Mr. Gallagher: In addition, Eurocontrol has give rise to different treatment of air navigation indicated that member states that have civil law and airport charges. This would lead to arbitrary systems have similar powers to seize aircraft for discrimination between service providers to air- non-payment of debts. All of these procedures, lines and would not be appropriate. whether under common or civil law, have the Following consideration of all the views same effect of freezing the asset in question and expressed by Members of the House, and by the making it available as a security for the payment Irish Aviation Authority, the Attorney General’s of a debt. office and the Dublin Airport Authority, I have While I gave further consideration over the decided not to make any changes to the existing past ten days to the points raised by Deputies powers at this point. We are not making any Mitchell and Shortall, I regret that I am unable changes in legislation. This would not make it any to accept the amendments proposed and I will more unattractive for aircraft to land in Ireland. repeat a number of reasons for that. First, there It did not have that effect from 1988 to date and is a safeguard for an owner in the selling of the I do not see it having that effect in the future. I aircraft for the purposes of meeting a debt to have looked at this seriously and taken on board Eurocontrol in respect of liability of an operator. all of the recommendations made to me. Regret- To sell an aircraft an application must be made tably, I am unable to accept the amendments, to the High Court and the registered owner which I believe were tabled in good faith. would have to be on notice of any proposed sale. Ms Shortall: There is not much point in repeat- Second, it is not a procedure that has been ing comments made on Committee Stage. The resorted to lightly in the past. In fact there has Minister of State made these five points on Com- been no instance in the past, from 1988 to date, mittee Stage and they all were refuted. He is where an aircraft has been detained and sub- merely repeating them here again today. There is sequently sold due to non-payment of a debt to no point in pursuing it. It is regrettable that the Eurocontrol. I would make clear, however, that Minister of State has decided not to concede any the existence of these powers is regarded as hav- of these points, not to listen to the industry, who ing a significant deterrent effect. are extremely concerned about its impact on busi- Third, the aircraft leasing companies can afford ness here. There is a real risk that this will be themselves financial protection by building pro- challenged. I wish to press the amendment. visions into their lease agreements with these air- craft operators. This facility is not available to the Ms O. Mitchell: The fact that it has not impac- air traffic control provider when doing business ted negatively since its introduction does not with airlines. In practice an aircraft lessor is usu- mean that it is not a timebomb waiting for us. All ally in a better position than an airport authority it takes is one example of a grounded aircraft for or air traffic control provider to monitor the fin- Ireland to become a no-go area for other aircraft. ancial status of the operator as it can specify any That is the danger. It is not that it has not hap- necessary requirements under the aircraft lease. pened so far, but that it may happen and if so, we Furthermore, any amendment to the legislation will become the pariah of the aviation industry. that would give rise to different legal treatment This is an important issue and I very much regret of leased versus owned aircraft would be inap- that it is not being taken on board. propriate. Mr. Gallagher: I have nothing further to add. The provisions apply equally to debts incurred by airline companies for Eurocontrol charges or Amendment put.

The Da´il divided: Ta´, 52; Nı´l, 66.

Ta´

Allen, Bernard. Gilmore, Eamon. Boyle, Dan. Harkin, Marian. Breen, James. Healy, Seamus. Broughan, Thomas P. Higgins, Joe. Bruton, Richard. Higgins, Michael D. Burton, Joan. Howlin, Brendan. Connaughton, Paul. Kehoe, Paul. Costello, Joe. Lynch, Kathleen. Cowley, Jerry. McCormack, Padraic. Crawford, Seymour. McEntee, Shane. Crowe, Sea´n. McGrath, Finian. Deasy, John. McHugh, Paddy. Deenihan, Jimmy. McManus, Liz. Durkan, Bernard J. Mitchell, Olivia. Enright, Olwyn. Murphy, Catherine. Ferris, Martin. Naughten, Denis. 1151 Aviation Bill 2005: 21 March 2006. Report and Final Stages 1152

Ta´—continued

Neville, Dan. Rabbitte, Pat. O´ Caola´in, Caoimhghı´n. Ring, Michael. O’Dowd, Fergus. Ryan, Sea´n. O’Keeffe, Jim. Sherlock, Joe. O’Shea, Brian. Shortall, Ro´ isı´n. O’Sullivan, Jan. Stagg, Emmet. Pattison, Seamus. Timmins, Billy. Penrose, Willie. Twomey, Liam. Perry, John. Upton, Mary. Quinn, Ruairı´. Wall, Jack.

Nı´l

Ahern, Bertie. Kelly, Peter. Ahern, Dermot. Killeen, Tony. Ahern, Michael. Kirk, Seamus. Andrews, Barry. Kitt, Tom. Ardagh, Sea´n. Lenihan, Brian. Brady, Johnny. Lenihan, Conor. Brady, Martin. McDowell, Michael. Browne, John. McEllistrim, Thomas. Callanan, Joe. McGuinness, John. Callely, Ivor. Moloney, John. Carey, Pat. Moynihan, Michael. Carty, John. Mulcahy, Michael. Cassidy, Donie. Nolan, M.J. Cooper-Flynn, Beverley. O´ Cuı´v, E´ amon. Coughlan, Mary. O´ Fearghaı´l, Sea´n. Cullen, Martin. O’Connor, Charlie. Curran, John. O’Dea, Willie. Davern, Noel. O’Donnell, Liz. Dempsey, Noel. O’Donoghue, John. Dempsey, Tony. O’Donovan, Denis. Dennehy, John. O’Flynn, Noel. Devins, Jimmy. O’Keeffe, Ned. Ellis, John. O’Malley, Fiona. Fahey, Frank. Parlon, Tom. Fitzpatrick, Dermot. Power, Peter. Fleming, Sea´n. Power, Sea´n. Gallagher, Pat The Cope. Roche, Dick. Glennon, Jim. Sexton, Mae. Grealish, Noel. Smith, Michael. Haughey, Sea´n. Wallace, Dan. Hoctor, Ma´ire. Wallace, Mary. Jacob, Joe. Walsh, Joe. Kelleher, Billy. Woods, Michael.

Tellers: Ta´, Deputies Kehoe and Stagg; Nı´l, Deputies Kitt and Kelleher.

Amendment declared lost. Amendment put and declared lost.

Ms Shortall: I move amendment No. 2: Ms O. Mitchell: I move amendment No. 3: In page 3, between lines 21 and 22, to insert In page 4, between lines 32 and 33, to insert the following: the following: “2. — Ireland’s ratification of the protocol “(c) in section 43 by adding the following is subject to a reservation in relation to new subsection (3): Articles 5, 6 and 9 of Annex IV (“Provisions “(3) Nothing in this section shall create Relating to the Common Route Charges a liability on the owner of an aircraft System“) in that Ireland declares that the unless that owner was also the operator of provisions for the lien or the joint and sev- the aircraft at the time the charge was eral liability (under Article 5) and the deten- incurred, except where the owner is unable tion and sale of aircraft (including equip- to establish that some other person was ment, spare parts, fuel, stores and the operator at that time.“,”. documents) other than those legally and ben- eficially owned by the operator that is liable for the charge (under Articles 6 and 9) shall Amendment put and declared lost. not apply.”. Amendment No. 4 not moved. 1153 Aviation Bill 2005: 21 March 2006. Report and Final Stages 1154

Ms Shortall: I move amendment No. 5: Amendment agreed to.

In page 5, between lines 5 and 6, to insert Mr. Gallagher: I move amendment No. 8: the following: In page 8, after line 44, to insert the “(a) in section 43(2), by inserting “Nothing following: in this section shall create a liability on the owner of an aircraft unless that owner was “(c) where a commissioner is appointed also the operator of the aircraft at the time within the period referred to in paragraph the charge was incurred, except where the (a) but due to his or her incapacity to act as owner is unable to establish that some other a commissioner or ceasing to be a com- person was the operator at that time.”,”. missioner before making the decision within the period of 2 months referred to in subsec- tion (8)— Amendment put and declared lost. (i) within that period of 2 months, by the deputy commissioner, or An Leas-Cheann Comhairle: Amendment No. 6 is being recommitted. As amendments Nos. 7, (ii) if another commissioner has been 8 and 9 are consequential, these amendments will appointed within the period referred to in therefore be discussed together. subsection (8), by the other commissioner within that period.”. Bill recommitted in respect of amendments Nos. 6 to 9, inclusive. Amendment agreed to.

Mr. Gallagher: I move amendment No. 6: Mr. Gallagher: I move amendment No. 9: In page 8, line 39, to delete “or”. In page 9, line 3 to delete “(8A)(b)” and sub- stitute “(8A)(b)or(c)(i)”. This amendment is grouped with amendments Nos. 7, 8, and 9 which refine the technical amend- ments to section 40 of the Aviation Regulation Amendment agreed to. Act 2001. These original technical amendments related to the consideration of appeals of airport Bill reported with amendments. and aviation terminal charges determinations An Leas-Cheann Comhairle: Amendment No. made by the Commission for Aviation Regu- 9a is in the name of the Minister. Amendment lation. The amendments made on Committee No. 10 is an alternative and will be discussed Stage to section 40 of the Act extended the with it. maximum time available to the appeal panel established under that section to consider an Mr. Gallagher: I move amendment No. 9a: appeal from two months to three months. They also extended the time available to the Com- In page 11, to delete line 40 and substitute mission for Aviation Regulation to consider any the following: matter referred back to it by the appeals panel “6. — Paragraphs (a), (b) and (c)of from one month to two months. section 67 of the Act of 1993 are repealed.”. There was a further amendment to section 13 This amendment is grouped with amendment No. of the Aviation Regulation Act 2001 to cover a 10 which was proposed by Deputy Shortall. Fol- situation where an appeal panel referred to the lowing consideration of Deputy Shortall’s amend- Commission for Aviation Regulation took place ment on Committee Stage, I have had the matter when the commissioner’s post was vacant. The re-examined by the Parliamentary Counsel. The purpose of this further amendment, amendment principle outlined in Deputy Shortall’s amend- No. 6, provides that in the event of a com- ment has now been accepted, but her specific missioner starting consideration of an appeal wording has not. I take this opportunity to thank panel referral but being unable, through inca- Deputy Shortall for highlighting this issue. I ask pacity for example, to decide on an appeal within her to withdraw her amendment in favour of the proposed two-month statutory period, the amendment No. 9a. In principle it does the same appeal can be decided by the deputy com- as her amendment, but I am advised the wording missioner or another commissioner. While this in amendment No. 9a is more acceptable. may be a remote circumstance, it is considered preferable to address it to avoid any doubt. Ms Shortall: I am happy to do that.

Amendment agreed to. Amendment agreed to.

Mr. Gallagher: I move amendment No. 7: Amendments Nos. 10 and 11 not moved. In page 8, line 44, to delete “appointed.” and Bill, as amended, received for final con- substitute “appointed, or”. sideration. 1155 National Sports Campus Development Authority 21 March 2006. Bill 2006: Second Stage (Resumed) 1156

Question proposed: “That the Bill do now ance with Article 20.2.2° of the Constitution, will pass.” be sent to the Seanad.

Minister of State at the Department of Trans- National Sports Campus Development port (Mr. Gallagher): I thank the Deputies who Authority Bill 2006: Second Stage (Resumed). have contributed to this debate and to the pass- age of the Bill through the House, in particular Question again proposed: “That the Bill be Deputies Shortall and Olivia Mitchell who have now read a Second Time.” taken such an interest in it. I thank them and Mr. Glennon: As I indicated during my last other Deputies who have contributed for their contribution to this debate, it is a pleasure to support and understanding and for their accept- speak in support of this proposal. I dealt with the ance of amendments concerning the employee generalities of the legislation during my previous share ownership scheme for Aer Lingus and the contribution, but given the week we have just had appeals process regarding decisions of the Com- in terms of Irish sport, it is worthwhile to reflect mission for Aviation Regulation. on the relevance of sport to the Irish nation. It is After the House formally agrees this Bill, it will often said we are a nation of sports fans, and last return to the Seanad with the amendments week during the Cheltenham racing festival I approved by the House. heard that said as a criticism. People do not seem Enactment of the Bill will allow Ireland to rat- to understand the psyche of sport and its import- ify the revised Eurocontrol convention which will ance to this country. I am not referring here to provide for the necessary institutional reforms selfish, personal preferences but rather to the fail- required to achieve a uniform Euro- ure to understand the place of sport in the social 6 o’clock pean air traffic management system fabric of this country and its hugely positive for the control of general air traffic influence. in European airspace and airports. This revised The emergence of the Celtic tiger was by no convention seeks to provide for a more effective means coincidental to the emergence of the Irish air traffic management institutional policy and soccer team as a competitive international force, decision-making structure for Europe, with the which gave us all confidence that we could com- overall objective of increasing airspace capacity pete internationally and pit our wits, in athletic and reducing air traffic control delays. terms, against anybody in the world. The sup- Cuirim mo bhuı´ochas in iu´ l do na Teachtaı´ as porters, the ordinary people of Ireland, travelled ucht an chomhoibrithe eadrainn i rith na Dara the world, held their heads high and provided an agus Trı´u´ Ce´ime den Bhille. Ta´ su´ il agam go example of good social interaction without any of mbeidh an Bille fı´ortha´bhachtach seo trı´dan the security risks associated with certain inter- Oireachtas tar e´is na seachtaine seo chugainn. national sporting events, particularly soccer events. It was a huge boost to the national psyche Ms O. Mitchell: I said on Second Stage that the when we qualified for the European Champion- public at large had no idea we were discussing ship in 1988 and the World Cup finals in Italy in this Bill and could not care less. While it is 1990, the United States in 1994 and Japan and arcane, technical and not easily grasped by the Korea in 2002. majority of people who have no interest in The renaissance of the GAA took place in the aviation or how it is organised, nevertheless it is same period. The organisation which had been a important legislation for the aviation industry and bedrock in our local communities and national for every one who travels by air. Eurocontrol community for over 100 years has re-emerged does a very important job on our behalf. I thank and renewed itself over the past ten or 15 years. those involved in drafting the Bill, a job I would It has created a timeless memorial to the position not envy in any way. I agree with the Minister of of the association in Irish life and sport as well as State that the copperfastening of the sharehold- in the sporting world itself, way beyond our ing for Aer Lingus is an important measure, to shores. It has constructed an edifice that will put a belt and braces on it, as it were. I thank the stand up to comparison with any stadium I have Minister of State for his courtesy, particularly as visited and will do so for a long time to come. he took over this Bill mid-stream, which is no Those two factors over the past 15 years have easy matter, and all the staff involved. proved how important sport is to the social fabric of the country. Ms Shortall: I join Deputy Mitchell in thanking One only has to consider the sporting events of the Minister of State and his officials for their last week. Not well known outside her own dis- work in preparing this legislation and seeing it cipline, a young woman from Cork, Derval through the House. O’Rourke, took gold in the world indoor athletics championships. It was a marvellous achievement Question put and agreed to. that opens many possibilities at a stage in her life which could not be more timely. An Leas-Cheann Comhairle: The Bill, which is For the second year running, we had huge suc- considered to be a Da´il initiated Bill, in accord- cesses at Cheltenham. The jewels in the crown of 1157 National Sports Campus Development Authority 21 March 2006. Bill 2006: Second Stage (Resumed) 1158 champion hurdling, the Queen Mother Chase and The Bill’s provisions facilitate and encourage the Gold Cup, were won for the second year in a elite athletes in all sports, even the minority ones. row by Irish horses. The place of the Irish I welcome the fact that facilities will be made thoroughbred in international racing was available to the minority sports. It brings with it reasserted in the most glorious and positive man- the prospect of sport-for-all. Although sport for ner, not only by the trainers, the jockeys and the all will not happen overnight, the National Sports stable staff but also by the supporters who bring Campus Development Authority Bill is a key a level of enjoyment and positive social interac- stepping stone to facilitating this worthy and tion to this important event. realistic goal. The Bill will compliment the high On Saturday, it was capped by a marvellous achievers at international level of which we are performance from the international rugby side lucky to have many. It has come about not by against England at Twickenham. The perform- pure fluke but by well funded and well organised ance from players, backroom staff and supporters programmes from national governing bodies, sup- reflected nothing but credit on the country. ported financially by various Governments over It is important that sport is considered not just many years. Sport for all is the goal to which we as a business or a means of grabbing positive all aspire. In times to come, the legislation headlines at home or abroad, it must be con- enabling the development of the national sports sidered holistically for what it can do for us as a campus will be seen as the seminal event in the nation, its health and social benefits and the evolution of sport on the island. Hopefully, it will general sense of community and positivity it be looked back on gratefully by many partici- brings. The Bill will give effect to the establish- pants at local and elite international level. I wish the Minister well with the project and I especially ment and construction of a national sports cam- commend him on the highly successful term of pus. It will provide a magnificent facility for all office he has had to date. national governing bodies of sport. On com- pletion of the various phases, it will provide Mr. Durkan: I am glad to have an opportunity Ireland with an international campus that will to speak on this Bill which is important in terms stand comparison with most others in the world. of the development of the sports and recreational When the original proposal for the national industry. I use the latter term advisedly. I concur stadium was floated, the national sports campus with the sentiments expressed by my colleague was an intrinsic part of it. Unfortunately, the cam- Deputy Glennon on the importance of sport as a pus was overshadowed by the stadium project. medium to enable people to express themselves The more important element of the project is the locally, nationally and internationally. Sport also sports campus. I am delighted that it is going enables people to develop their disciplinary ahead independently of the stadium. It is the key expertise in playing for the sake of it and not to the future development of sport in the State. necessarily expecting to win all the time. One It must, however, be coupled with ongoing invest- should be magnanimous in victory while also ment in local sporting facilities on a community being able to accept defeat when it comes. Sport- basis. This has been the hallmark of the Depart- ing endeavour is an important part of a human ment of Arts, Sport and Tourism for several years being’s development. and particularly since Deputy O’Donoghue I do not want to dwell on the negative aspects became Minister for Arts, Sport and Tourism. of some recent incidents but I believe that if sport The top echelons of sport, particularly pro- is adequately funded and plays a central role, the fessional sport, are akin to showbusiness; they are unsavoury events we decry from time to time will professional, they are businesses and they are fade into the distance to be replaced by some- about entertainment. The sport we want to pro- thing more positive and people-driven than some mote at local level on a community basis with the other antics we have seen. sports capital grant programme is not showbus- The concept involved in this legislation is a iness. It may be entertainment in the broadest good one. Deputy Glennon said that Campus sense, but if it is, it is entertainment for a small Stadium Ireland overshadowed its contents, number of people. However, it is real sport and which is quite correct. I do not want to go down the essence of sport as it should be. It is the type that route, however. I am glad that we have got of sport that will generate the maximum advan- to this juncture whereby we now have an oppor- tage for our communities. I accept a showbusiness tunity to establish a centre of excellence in which element is required. People such as Derval everyone can become involved. Everyone will be O’Rourke, Paul Carberry, Brian O’Driscoll and able to participate in the venture as well as seeing Shane Horgan are essential in sports. Although where they are going and ascertaining the extent one wonders about sports stars as role models, by to which they can progress. That is critical, and large this country has been lucky. The especially in the international sphere where we majority of our domestic and international sports triumph occasionally. One such recent triumph people are excellent role models who will inspire was achieved by Derval O’Rourke, which was an new generations. All sporting organisations have excellent performance. She deserves all our con- youth programmes on a national basis. The role gratulations, as do some of her colleagues who model will encourage further participation. also participated in Moscow and did very well. 1159 National Sports Campus Development Authority 21 March 2006. Bill 2006: Second Stage (Resumed) 1160

[Mr. Durkan.] degree to which we can promote this country I hope the developments envisaged by the Bill positively through the medium of sports. will give an opportunity to young athletes to Previous speakers referred to the GAA which become involved and develop their full potential. has lived up to its responsibilities admirably. One In this way, they will recognise the ability of sport may say that because the GAA is active in every and recreational activities generally to portray parish it is easier for it to do so. Nonetheless, it the country in a different light both here and is active at all levels in virtually every town and abroad. No amount of debate here can do other village. GAA clubs have provided social facilities than pay a simple tribute to the importance of as well as sporting expertise and training. The those aspects of sport. GAA deserves recognition for having provided The centre of excellence concept is a good one the wider community with a large volume of as long as a number of matters are observed, as I social support. In the context of this Bill, due presume they will be. For example, there is no regard must be had for the GAA’s work and the sense in having the requisite buildings and other even greater contribution it will have to make in facilities unless we have managers, trainers, diet- future as our population increases. icians and other experts to enable us to compete Our population was low for 150 years for internationally. There is no reason we cannot do obvious reasons which I will not go into now. The so. Many other countries as small or smaller than fact remains, however, that the population will ours have done so repeatedly in the past. increase considerably beyond anything we can In the 1920s, 1930s and 1940s, when Ireland anticipate. was relatively under-developed, we still had In those circumstances, the degree to which people who excelled in track and field events, sporting organisations can contribute to social including athletics. I will not bore the Minister by inclusion, the promotion of the country’s culture going through a list of them but there were a and the well-being of individual communities is good few Munster people involved and we recog- significant and I hope it will receive due nise their endeavours. Sport has been lifted to a recognition. new plane in the era of semi-professionalism, Track and field events are lonely sports, as any- which puts greater stress and strain on competing one involved will state. In sports such as cross- countries. Some people say that these devel- country running, people train on their own. It is opments are not necessarily good for sport. quite boring and requires a great degree of devo- Deputy Glennon is an expert in rugby who played tion as well as expertise and athletic ability. While at international level but I am not sure that semi- the sport’s organisation is available and support- professionalism has done much good for that ive, support is also necessary from the State game. If one looks back at some of the rugby through the institutions we are discussing. It matches played in times gone by, well known affords the State an opportunity to encourage and players from all over the country could still have provide facilities for young people to allow them shown a clean pair of heels to anybody around to develop their skills and advance. today, notwithstanding the degree of profession- When I attempt to ask questions of the Mini- alism that is emerging. In other sports, likewise, ster on such matters as preparing for the Olympic there are several similar illustrations. Games I am usually refused because another Sport is a medium for promoting the country’s organisation has responsibility. There is no culture and tourism and has tremendous potential reason we cannot compete effectively in the in this regard. In the not too distant future the Olympic Games if we have the right training, Ryder Cup competition will be held in my con- preparation, promotion, opportunities and selec- stituency. I hope that those involved in all sport- tion of the most suitable people. That would not ing categories will take full advantage of the serve to exclude others, as the ability to recognise situation to promote their own sports. Ireland those with specific talent is critical and is the should be promoted as a location where sport is work of a centre of excellence. pursued open-handedly with due regard for Another role of a centre of excellence is to lia- young amateur participants. ise with organisations throughout the country. It Coverage of major sporting events can be of is pointless to have such a centre, and the sport immense benefit to tourism. One cannot possibly development that goes with it, if it is isolated in measure the degree of positive advertising that Dublin, does not relate to the rest of the country can be gleaned from a major sporting event such and is not involved in a meaningful and pro- as the Ryder Cup. My constituency has a long- motional way with all centres of education at all established association with the racing industry, levels, such as universities, third level and second which I am sure will play a role in the presen- level institutions. tation of various events accompanying the Ryder A centre of excellence must be able to identify Cup competition. That will benefit not only at the earliest possible stage the sporting poten- County Kildare and its racing industry but also tial of young people. One cannot tell someone at the country as a whole where sporting pursuits 25 or 30 years of age that if he or she had been are encouraged. Australia, New Zealand and the spotted in time, he or she could have been a great United States take a keen interest in their own 100 m sprinter. That is of no benefit to anyone. games, so we should not underestimate the The necessary technique is to identify such 1161 National Sports Campus Development Authority 21 March 2006. Bill 2006: Second Stage (Resumed) 1162 people at five, seven or ten years of age and that goes with sport allows us to recognise that develop them from there. That is what the best and put it to good and positive effect in terms of people do and I hope it can be done in the course how the country is viewed abroad. of this development. Like everything else, the The concept of the Bill is good. I hope all concept of the Bill is good and has great poten- sporting groups will have an opportunity to tial. Its success depends on what is done within develop to the best extent possible. I hope the the confines of the proposal. It may be very good influence of the centre will spread throughout the and of significant benefit to the country in ways country in an inclusive and all-embracing way, as such as those mentioned by previous speakers. a result of which our athletes will have the sup- However, it will be useless if it is not followed up. port, back-up and recognition they and the coun- I am sure the Minister knows in each sport it try deserve. will be necessary to identify how best to promote, facilitate, prepare, train, and ensure the avail- Mr. Dennehy: Like the previous two speakers, ability of the best coaches. It will also be neces- I welcome the opportunity to speak on the sary to ensure that when people want to progress, National Sports Campus Development Authority they are encouraged to do so and are reasonably Bill 2006. I agree with them that sport can be an assessed, by which I do not mean that they are all-embracing and powerful force in the com- put down, but that they are given a reasonable munity. In a comparatively small country such as assessment of their ability so they can progress in Ireland the stock of resources matters less than the knowledge that they have a reasonable how that stock is used to maximise efficiency. We chance against certain competitors. I cannot will never have the resources that sport enjoys in understand how we can send people into the Britain but last week when our rugby team won international arena who have never had a time in such thrilling circumstances at Twickenham, it even remotely close to their competitors. It is dis- showed that quality can often be better than heartening for the people concerned. Time, quantity. We cannot always beat our chests but energy and effort should be put into increasing there are events, such as that win, about which their speed to enable them to compete well, read- we can speak gladly. ily and evenly with their contemporaries. It would Sport is a social event and often provides an be hugely beneficial to their confidence and that escape from the complexities and difficulties of of the country and to the development of sport everyday life. When we choose to pursue a sport- generally. ing activity, be it hurling, rugby, soccer or golf we The Minister’s Department covers many posi- want it to be memorable and worthwhile. Elite tive areas in which people like to be involved. athletes whose sporting ambitions are their liveli- People like to kick a football, play rugby and hur- hoods also want to avail of modern and pro- ling, swim, get involved in track and field events fessional facilities. and participate in sports. It is important we recog- Those who follow sport also share a sense of nise it is also a means of promoting tourism and community through their allegiance to teams and the image of the country. Deputy Glennon sports heroes. This can lead to immense pride in reminded me of Italia ’90 and previous European respect of local and county teams, and national competitions when hordes of Irish supporters fervour and patriotism when there is success on travelled all over the world with their faces the international stage. There were examples of painted green, white and gold. We became recog- this last week and not just in Twickenham. The nised as a nation of good-humoured human games in Croke Park made an impact on Port- beings who could go anywhere, have a few jars, umna and people there responded, despite the enjoy ourselves and laugh it off. tragic accident that night at the team’s homecom- A peculiar development beset the country ing. It brought a sense of euphoria to an entire recently. We still have a few jars, perhaps more area. The same was true of Newtownshandrum than we should on many occasions. However, we last year and the year before, and of clubs such do not seem to have the same ability to laugh at as Nemo Rangers and Salthill last week. Sporting ourselves and deflect the barb when it is thrown, success can lift the country too as Deputy resulting in some unsavoury scenes. I do not want Durkan said. to dwell on that unnecessarily. However, it is a Sport can also be viewed as a natural regulator development in our society which requires atten- in society and a natural enemy of disorder and tion and sport is the best means of deflecting it. anti-social behaviour through its ideals of fair The Minister will recognise this is not a criticism play, participation, co-operation, social interac- of anybody. It is a simple fact of life that as we tion and respect for the rules. As those who have evolve and become wealthier, we tend to become been involved in promoting community games more self-centred and of the opinion that we are know, the concept behind them is that people superior. We are not. We are all human and participate and medals are awarded. It has should try to behave as normal, supportive become very competitive but the initial idea was human beings. Anything we do should reflect to get people competing rather than to focus on well on ourselves and our country. If we do not winning. always win, we should be able to state it is only a It is important to foster sport at all levels. I game and not a life or death issue. The discipline hope that when we are finished with the develop- 1163 National Sports Campus Development Authority 21 March 2006. Bill 2006: Second Stage (Resumed) 1164

[Mr. Dennehy.] Sports funding for this year is close to \250 mil- ment of the stadia we are discussing that such a lion. It is a great deal more than the \17 million facility will be provided for community games. allocated in 1997, even allowing for the gap in We ran into some trouble recently when facilities time. The public supports the idea of spending were not available. For example, Mosney was out such a sum on sport, and on preventative medi- of bounds for a time or was difficult to use. I hope cine rather than hospital-based medicine, as far as the Minister, who is enthusiastic about com- possible. Everybody in this House should support munity games, will comment on whether we can that idea. The Minister has taken the lead in that give them a new centre and area of recognition. regard and is involved in promoting projects People have become increasingly aware of the across the sporting spectrum. Regardless of any- value of sport in promoting good health. Personal body’s political affiliations or sporting allegiance, health nowadays covers physical, social and he has given it full support at every opportunity. emotional well-being. Meanwhile we suffer from There are many exciting projects under way, such heart disease, cancer, strokes and obesity, all of as the redevelopment of Lansdowne Road and which are significantly linked to a lack of activity. major investments in smaller club grounds A sports strategy taking all these factors into throughout the country. account is needed to unite the Departments of We must compliment the GAA which was Arts, Sport and Tourism, Health and Children, building and providing facilities before national and Education and Science in a common aim. lottery funding became available 14 or 15 years The national sports campus at Abbotstown has ago. This is true not just of the Croke Park the potential to be such a unifying force. development but also of hundreds of county and I was one of the few people from outside club grounds throughout the country. Dublin who was disappointed when the previous The Minister has been able to assist the suggestions for Abbotstown and related projects development or refurbishment of many pitches were attacked. Any person who had a real com- and facilities. For instance, in my constituency, mitment to sport and was not playing a political Cork South Central, many clubs providing facili- angle would have supported the concept. Some ties for a variety of sports have benefited from speakers mentioned minority sports. My major such developments. GAA clubs such as Black- sporting activity was track cycle racing which is rock, Bishopstown, Douglas and Nemo Rangers almost non-existent, primarily for lack of a velod- have undertaken major projects over the past two rome or indoor racing track. This would have been included in the original Abbotstown con- years or so. I hope my local St. Finbarr’s GAA cept. I was disappointed because people started club will be able to do something similar this year. to score political points and cite figures such as Major change is being forced on it by a realign- \1 billion when that was a frightening sum. Much ment of a nearby national road route and I hope damage was done. The same people would now the club will be financed for its project. tell us to grab the chance of hosting the Olympics Another project in my area has grabbed my and so on. attention and I strongly support it because it fol- The Government has a major part to play lows the precept of the Minister to get people to because public investment in sport must match share facilities. This is a gymnasium project based the twin aims of cost-effectiveness and the per- at Cola´iste Crı´ost Rı´ in Bishopstown, which is sonal development of individuals and communi- novel because it would become the centre for the ties. It is easy to keep track of economic success Cork indoor bowls association, and indoor bowls indicators but the benefits for the public good in is, for the older sector, the fastest growing sport, terms of well-being and social capital are some- certainly in the Cork region. This would also be times less tangible and harder to quantify but the home base for the Leevale athletic club, the should be of most concern to the Government. home club of Derval O’Rourke, while the While we may debate these benefits now and Bishopstown-Wilton badminton club would also again, overall programmes must be built on such be a tenant. The Minister for Arts, Sports and positive factors. Tourism, Deputy O’Donoghue, always encour- Government intervention in sport does not ages the sharing of facilities and this project cement the divide between the haves and have- would be a textbook example of the concept. nots but contributes to a situation in which sport School personnel of the Presentation order and is made accessible to all. We need to consider others are behind the project which I hope will many aspects of that idea. I wrote to the Minister be supported. for Finance last year pointing out that it is diffi- The Government has spent more than \750 cult to get insurance cover to use school or other million on sport since 1997, with 18 swimming community-based facilities. I suggested that the pool projects completed since 2000, Churchfield State find some method of underwriting these in Cork being among them. I had the honour of insurance costs nationally. The Minister agreed proposing in Cork City Council that the pool in with the idea but qualified it. We should return Douglas be named after a former colleague of to the issue. The Minister for Arts, Sport and mine, a former lord mayor of Cork, the late Gus Tourism is interested in promoting any idea that Healy. I hope that will be one of the pools to be will help to promote sport. modernised in the coming year. 1165 Political Donations and Planning: 21 March 2006. Motion 1166

The national campus at Abbotstown will be the country we must invest, and the investment will apex of this development in modernising Irish reap major dividends in terms of elite success and sports infrastructure and will provide top-class community involvement if it is planned properly facilities to cater for both the elite and com- and done right. With the national sports campus munity sports people to international standards. at Abbotstown, Ireland is going for gold in a big Deputy Durkan mentioned how people improve way. We will finally be able to compete in the fast all the time, but we have examples of late starters, lane of world sport. I wish the Minister well in probably none better known than the captain of speeding up the plans as he negotiates his way our hurling team last year, Sea´nO´ gO´ hAilpı´n, down the winning straight. He has done some who started out at quite an older age for hurling. great training along the way. One is supposed to be born with a hurley because I also pay tribute to the Opposition. I do not otherwise one cannot play the game, as most know if Deputy Deenihan is the formal Oppo- Kerry people discover. Sea´nO´ g was a late starter sition spokesperson on sporting activities but in that regard but it shows that if encouraged, when I mentioned detractors and critics of the people can develop their talents and do not have original concept, one of the real exceptions was to start at the age of five, six or seven. Deputy Deenihan, a man who gave us rough In 2004 the Government decided to move for- going now and then — Cork being a smaller, ward with the Abbotstown development after modest county — when he hammered us a few consultation with the major governing bodies in times. However, he always supported the Mini- sport and other interested groups. Phase one of a ster in his genuine efforts to promote sporting five-year plan will provide a national field sports activity. I come from a sports-mad county. If this training centre, a national indoor training centre Bill had been discussed this time last year, we and sports science, medical and athletic accom- might have felt we should have had a monopoly modation facilities following on from the view on it because we had security guards to mind development of the national aquatic centre as all the silver trophies at various functions. We part of the Abbotstown project. Training require- may have lost our way a little at the outset of this ments for up to 30 national governing bodies will year but I hope we will recover. be met by the development at Abbotstown. Deputy Durkan mentioned Derval O’Rourke This is the concept we want which is why I am and noted that many of her co-athletes are doing so disappointed we had difficulties in the past. very well and are just a few seconds from the Major or minor, every sporting activity should be centre of the rostrum. We also want to remember encouraged and have facilities. This is an exciting the community games, the Special Olympics and time for sport. The national sports campus will those with special needs. Sport is great at joining aid dedicated athletes such as Derval O’Rourke people and lifting their spirits. To revel in the suc- from Douglas, our most recent world champion, cess, we do not all need to participate, but those to continue to prosper on the national and world who take part in sport will forever talk of the stage. Deputy Durkan mentioned staging the friends they made, the enjoyment they got from Olympics and clearly that is what we should aim it no matter how tough the training or how mad at, but I also emphasise the community games one might have seemed to be. When one has concept. Reports after the Sydney and Athens done 5,000 or 6,000 miles of training on a bike, Olympic Games indicated that the system of sup- one imagines one might be mad or wonders if one port for athletes in Ireland fell far short of what is doing the right thing. However, when we look would be expected internationally, and the back at the end of the day, all of us will have national campus will go a long way towards enjoyed our time in sport. We must look forward addressing that. We now have a chance to now, and the Minister is doing that by putting the develop modern and up-to-date facilities which plans in place. With the passing of the Bill which will be among the best in the world. I hope will have support from all, we will move To achieve our goals of participation, perform- on to a very successful international stage. ance and excellence we need a network of facili- ties at local and national level to be built around Debate adjourned. one centre, the national sports campus. The esti- \ mated cost of the Abbotstown project is 119 mil- Private Members’ Business. lion. It will have its detractors, as previous efforts had. Some people might say the money would be ———— better spent on health but they might be the same people to bemoan our lack of success on the Political Donations and Planning: Motion. Olympics or World Cup stages. It is incredible that the same people will have such split views. An Ceann Comhairle: Before the commence- As the Minister noted, the 2012 Olympic ment of Private Members’ Business, I remind Games in London will present opportunities for members that the subject-matter of the motion Ireland to market itself as a centre for elite ath- relates in part to a sitting tribunal of inquiry letic excellence. The timeframe for the campus at established by the Houses under the relevant Abbotstown appears to fit in too. If we are Acts. As Members are aware, the Chair has ruled serious about the development of sport in this on a number of occasions that issues before a tri- 1167 Political Donations and Planning: 21 March 2006. Motion 1168

[An Ceann Comhairle.] — put in place measures to ensure that the bunal are not a matter for the Da´il. The Da´il must majority of the increase of value in not attempt to have a parallel tribunal on these rezoned land shall accrue to the State matters. While the motion has broad policy impli- and endorse the recommendation of the cations which are clearly in order for debate, ref- Kenny report of 1974 that would allow erence to direct evidence before a tribunal by local authorities to purchase land for named or identifiable individuals who have not housing at the existing use value plus been convicted of any offence should not be 25%; and made. There is an onus on Members to ensure — create properly planned communities their contributions are not in breach of Standing that are well-designed, that contain a Order No. 56 which states: variety of housing types and tenures, [A] matter shall not be raised in such an with mixed-use developments, and that overt manner so that it appears to be an are well-linked by sustainable trans- attempt by the Da´il to encroach on the func- port links. tions of the Courts or a Judicial Tribunal[.] Mr. Cuffe: I wish to share time with Deputies I ask Members to bear this in mind when making Gormley, Boyle, O´ Caola´in, O´ Snodaigh, Harkin, their contributions. Finian McGrath, and Cowley.

Mr. Boyle: Is the Minister for Arts, Sport and An Ceann Comhairle: Is that agreed? Agreed. Tourism taking the debate? We had been expecting the Minister for the Environment, Mr. Cuffe: As the Green Party prepares for its Heritage and Local Government. annual convention in Kilkenny this weekend I wish to speak to a motion regarding the ongoing Mr. Sargent: I move: and damning admissions that senior 7 o’clock politicians have received payments “That Da´il E´ ireann, in view of the on going over the years which can only have and damning admissions that senior politicians been made to promote certain vested interests at have received payments, which can only have the expense of the common good of the people, been made to promote certain vested interests their families and communities. at the expense of the common interest of the I do not often read the Old Testament but Sol- Irish people, their families and communities: omon’s words in the Book of Proverbs or Ezekiel — condemns those parties that have failed in the Jewish faith contain some insight as to what to discipline their members for their was going on in Dublin County Council in the collective amnesia with regard to 1980s and 1990s. Book of Proverbs, Chapter 29, moneys received from developers and verse 18 reads, “Where there is no vision the their agents at the time of wide-scale people perish but he that keepeth the law, happy rezonings by local authorities; is he”. Politicians of all persuasions have to provide a — deplores the culture of alleged corrupt vision but sadly in the chamber of Dublin County planning and rezoning that has resulted Council on O’Connell Street there was no vision in urban sprawl, where schools, play- at that time and the chequer-board pattern of grounds, local jobs and public transport land rezonings in north-west and south Dublin were not provided in tandem with sowed the seeds of urban sprawl that continues housing; to haunt us today. At the time the Green Party — regrets the Government’s continual and raised its voice about what was going on but that overwhelming support for the interests voice was drowned out by the snuffling of corrupt of private developers over the public public representatives at the trough in Patrick interest, which has resulted in its failure Conway’s pub on Parnell Street, around the cor- to provide a suitable mix of social and ner from the council chamber on O’Connell affordable homes; and Street. Some others had voiced concern. Frank McDonald and Mark Brennock from The Irish — condemns the poor transport planning Times had dissected the dubious rezonings that which in combination with questionable had occurred. The Irish Planning Institute had rezoning led to a doubling of the aver- publicly questioned what had been going on and age commuting distance between 1991 the barrister, Michael Smith, and his colleague, and 2002, resulting in a significant Colm Mac Eochaidh had offered a £10,000 deterioration in people’s quality of life; reward for information on alleged planning cor- calls on all parties to: ruption. It is a damning indictment that in the — decline funding from developers, as the current Government the Taoiseach has failed to mere acceptance of such moneys may condemn or discipline the members of his party be constructed as having an undue sitting in the Oireachtas who have suffered collec- influence on development decisions; tive amnesia in regard to the payments they 1169 Political Donations and Planning: 21 March 2006. Motion 1170 received. At a time when members of my party increase of value in rezoned land accrues to the were running election campaigns on a budget of State and we have to endorse and legislate for the hundreds of pounds Fianna Fa´il was accepting recommendations of the Kenny report of 1974. thousands upon thousands of pounds and forget- Put simply, that report stated that local auth- ting about it afterwards. They were dangerous orities should have a pre-emptive right to acquire times for speaking out and I would like to think rezoned land at the existing use value plus 25%. we have moved on but many of the county coun- That, in one fell swoop, would remove the influ- cillors who made questionable rezonings then are ence brought to bear on elected representatives. still sitting on seats in Dublin City Council. Even It would also help to reduce the crazy house price Senator Don Lydon who caught our party leader inflation of recent years. It would allow local in a headlock in the Dublin County Council—— authorities to buy land for development for hous- ing, for local authority housing, voluntary housing An Ceann Comhairle: The Chair has ruled that associations and affordable housing. That would it is not appropriate to name members who—— slice a significant chunk off the over-heated prices in the marketplace. Mr. Cuffe: Even a Senator who is still sitting in There is an onus on the Taoiseach to act. He the other House—— was handed the ninth report of the All-Party Committee on the Constitution almost two years An Ceann Comhairle: I ask the Deputy to obey ago which contains the recommendations of the the ruling of the Chair or he will have to resume Kenny report and has failed to legislate. The his seat. Taoiseach should not only move against Members of the Government but on those recom- Mr. Cuffe: I accept your ruling. Even Senators mendations that have held the test of time. Time still sitting in the Upper House performed ques- and again in the property pages we note that tionable acts back then. I note that an individual lands have increased tenfold and 100 fold in value sitting in the Upper House admitted to the tri- overnight as a result of questionable rezonings. bunal that he failed to disclose a £2,500 donation The answer is simple and the Minister could from Monarch Properties in 1992. The same indi- move on that if the will was there but, sadly, I vidual caught my party leader in a headlock. It is doubt the will is there. time for the Taoiseach to take action and call to account those in his party who suffered from We also need to create properly planned com- amnesia. Curious rezonings are still going on munities. They need to be well-designed and con- around Ireland. One need only glance at the web- tain a variety of housing types and tenures. The site Irishcorruption.com to see many of the coun- Minister must upgrade the building regulations ties throughout Ireland being named and the indi- that have fallen far behind what is on the Statute vidual acts of councillors who are performing Book in the UK. We need a mixture of uses in rezonings for all the wrong reasons today. development, rather than sterile industrial estates It is not a victimless crime. It is the people who located miles from where people live. We need to suffer, those who have to commute longer dis- encourage people to live, work and relax within tances to work, those who have no option of the same neighbourhood. That can be done and if public transport who must have a car to drive sev- the Minister is mindful he can make that happen eral miles to buy a litre of milk, whose children through the use of planning regulations. We also have to be shoved into the car to get to school, need to ensure these communities are well linked and whose workplace is located dozens of miles by sustainable transport. In partnership with his from where they live. That is the legacy of corrupt colleague, the Minister for Transport, he can rezoning that continues to today. It is time a line make that happen and I urge him to do so. was drawn in the sand by the Taoiseach and members of the Cabinet to rule out those kinds Mr. Gormley: When I became a Member of rezoning. almost nine years ago the revelations regarding The only action taken by the Minister for the the former Minister, Ray Burke, surfaced. It is Environment, Heritage and Local Government important to cast our minds back to that time. I was to call to attention Du´ n Laoghaire-Rathdown have the distinction of being the first Deputy to County Council for not rezoning enough land and call for the resignation of the former Minister, the debased currency under his tenure and pre- Ray Burke. At the time a commentator said to vious Ministers for the Environment, Heritage me that it was a low blow. It was not, it was the and Local Government continues without a truth. I remember a Fianna Fail backbencher, a whimper from successive Ministers. fairly decent bloke, standing up and asking me if The way forward is simple. All parties must I was trying to tell him that if somebody put decline funding from developers as the mere £30,000 on a table in front of me that I would not acceptance of such moneys is an undue influence take it. I said I would not. He rolled his eyes up on development decisions. We have to put in to heaven and walked off. That says something place measures to ensure the majority of the about the culture of the time. It says that the per- 1171 Political Donations and Planning: 21 March 2006. Motion 1172

[Mr. Gormley.] council to grant permission to another neigh- son who does not take money is the oddball and bour of the Ta´naiste [that is Mr. Beattie] for a that it would be human to take the money. bungalow at Brownstown, Newcastle. My colleague, Deputy Cuffe, said we should All this is on the record. It further states: “At draw a line in the sand. I remember the former that stage—— Minister, Ray Burke, standing in front of the gates of this House telling us he had drawn a line An Ceann Comhairle: I take it the Deputy is in the sand. I also recall the Ta´naiste, Deputy not suggesting that there was anything wrong Harney, saying she had full confidence in Ray with these proposals—— Burke. Does the Ta´naiste have confidence now in all her Fianna Fa´il colleagues? I suspect the Mr. Gormley: I am simply reporting what is reason she is not saying anything is that she too contained in a newspaper report. has been part of that culture. I also believe the Taoiseach is not taking action because he hopes An Ceann Comhairle: ——and that he is not that tribunal fatigue has set in and that everyone making allegations against—— is tarred with the same brush. “Sure they are all at it” is the refrain, but we are not all at it. There Mr. Gormley: I am saying there is a newspaper are people who do not want to take bribes or, as report stating all of this information. It states that they now call them, legitimate political donations. at that stage, a report had identified the I recall the evening when there was a motion Ta´naiste—— of censure against the former Deputy Liam Lawlor. He was left alone on the backbenches Mr. Roche: The Deputy has made a very spec- and treated like a pariah. His friends in the ific allegation. Fianna Fa´il Party deserted him. I decided to go up and speak to Liam Lawlor. I asked him if he Mr. Gormley: ——as one of the most active would not make a clean breast of it and tell every- councillors for moving the notorious section 4 thing he knew and he replied, “All in my own and material contravention motions between good time, John”. That will not happen now but 1982 and 1983. It further states: it is interesting that he had information which he passed on to me. I will not be one of those people Having proposed ten motions, she occupied who abuse Da´il privilege and reveal this evening joint second spot with two other councillors on what he told me. There are others in this House the 78 member council. Deputy Lawlor only who abuse Da´il privilege, but I am not one of came in fourth, so he was not up there with the them. best of them.

Mr. F. McGrath: Hear hear. Mr. F. McGrath: Free speech. Mr. Gormley: It is on the record that there Mr. Roche: There is a big difference between were others who voted with Liam Lawlor in the free speech and libel. Deputy Gormley would not 1980s. That was published in The Sunday Busi- have the courage to do this outside the House. ness Post and it is worth going back over it because it reveals the reason the Ta´naiste, Mr. Gormley: The Minister, Deputy Roche, Deputy Harney, does not take action against any- said I would not repeat this outside the House, body on the opposite benches. It states: but I certainly would repeat it outside the House. The Ta´naiste proposed or seconded seven motions with the former Deputy Lawlor for An Ceann Comhairle: As long as the Deputy section 4 approval or material contravention of is just quoting facts and information I will allow the county development plan. The proposed him to continue. He should not make allegations developments included a section 4 directing against individuals. officials to grant a planning application for a Mr. V. Cosgrove for a restaurant at Rathcoole Mr. Gormley: I do not abuse Da´il privilege. I service station on the Naas Road. A planning deal in facts and the truth. official said at the time that “the proposed development would endanger public safety by Mr. Roche: Is the Deputy accusing the Ta´naiste reason of a traffic hazard”. of some wrongdoing? It goes on to state that there was a development Mr. Gormley: This is the truth. for a Mr. Henry Beattie. The article states: Mr. Beattie was a Fianna Fa´il activist and Mr. Roche: Is the Deputy accusing her of neighbour of the Ta´naiste at the time. A anything? section 4 motion proposed by Deputy Lawlor, seconded by Deputy Harney, directed the An Ceann Comhairle: No, he is not. 1173 Political Donations and Planning: 21 March 2006. Motion 1174

Mr. Gormley: The article further states: won the support of other Opposition parties and Independent Members of this House. We wel- Deputy Harney was even more active with come any process whereby motions we put down section 4 planning motions in 1980 and 1981, are subject to amendment because, unlike others working closely with the late Sea´n Walsh. in this House, we do not operate on the maxim of Deputy Harney proposed or seconded 12 knowing what we know and knowing more than section 4s with the former Fianna Fa´il TD. others. On those grounds we look with interest Is it any wonder the Ta´naiste does not take action on amendments that have been tabled to our against Fianna Fa´il Deputies? This is the Ta´naiste motion by other Opposition parties. They appear whose colleague, the Minister for Justice, to suggest other routes of achieving the same Equality and Law Reform, said, “Single party objective and we would be open to such dis- Government? No thanks”. I do not see any dis- cussions. tinction. Where is the distinction between Fianna Unfortunately, there appears to be a quibble Fa´il and the Progressive Democrats? There is with some of the wording in our substantial none because they put themselves up as paragons motion and I take this opportunity of putting of virtue and the moral guardians of Fianna Fa´il. those quibbles to rest. Our motion condemns It is a load of rubbish and we all know it. It is those parties that have failed to discipline their regrettable that the facts I have put on the record members. It is fairly accepted that one party more are not widely known. They should be widely than others has been predominant in all this pro- known. cess but it is also an established fact that other political parties have chosen to discipline their An Ceann Comhairle: Again I draw the members by other means. There have also been Deputy’s attention to the fact that he is not parties of Government during this period which entitled to make allegations against—— have not done so. There appears to be a difficulty with the part Mr. Gormley: I have simply quoted the truth. of our motion that states that funding should be declined from developers. I note in the Labour An Ceann Comhairle: Yes, Deputy, but it is Party amendment it is willing to set up an all- important that you put them in context. You are party grouping to look at means by which all pol- not entitled to come into this House and make itical party funding is examined. We would be unsubstantiated allegations against—— prepared to go down that road but in terms of the most recent political history of this country and Mr. Gormley: May I make one simple obser- political decision making, both at local and vation? You are quite assiduous in dealing with national level, in the way property developments my behaviour but you were not assiduous in deal- proceed here, it would be a statement of intent, ing with the behaviour here of the Minister for and not to wait for decisions made in other Justice, Equality and Law Reform, Deputy places, that all political parties in this House McDowell, when he made—— would decide that particular types of donations An Ceann Comhairle: I was not in the House from particular types of corporate entities should when the point was made. no longer be accepted. If other parties have diffi- culties with that, that is something they need to Mr. Gormley: ——a disgraceful remark about examine in terms of their own decision making me. processes. I share the views of my two party colleagues An Ceann Comhairle: I was not in the Chair. who opened the debate on the motion regarding the points we are trying to make. It is unfortunate Mr. Gormley: There was no reprimand, yet you that in the nine years of the lifetime of this inter- are taking me to task now for telling the truth. It twined mono-Government, regardless of its is the truth, a Cheann Comhairle. That is why this intention to appear to be some type of coalition, motion is important and we hope to get the sup- there has been no attempt to bring forward port of all right thinking Deputies. reforms in this area. There have been no attempts to tackle the culture that existed then and may Mr. Boyle: The Private Members’ motion even exist, albeit on a smaller scale, today. In before the House this evening in the name of my particular there has been no attempt by the head party colleague is one of the few opportunities we of the Government to discipline members who have had in the 29th Da´il to either bring forward have, by public utterances, deviated from what Private Members’ legislation or bring to task should be normal, accepted standards of public what we believe are poor standards in the life. Such individuals, when they have been Government’s day-to-day operations and in caught out in the nature of their behaviour and upholding the standards of public life in general. the standard of their public representation, still In all the Private Members’ time my party has find themselves members of a parliamentary had in this Chamber we were fortunate to have party supporting the interests of the Government 1175 Political Donations and Planning: 21 March 2006. Motion 1176

[Mr. Boyle.] into these suburbs. That is part of the forgotten and keeping such a Government in power. It is human cost of corruption. our duty as an Opposition party to question the The brown envelope culture has been exposed inconsistency and even the immorality of the lack but it has been replaced with the institutionalised of action in that area. On these grounds, this brown envelope. This Government’s housing Governments stands indicted. The substantive policy is driven not by the housing needs of Government amendment is several times longer families and individuals but by the profit motive than the Green Party motion and is nothing other of developers and speculators who still call the than a sea of verbiage. The Minister makes no shots. Early this month housing figures exposed attempt to defend the poor standards for which the abject failure of this Government’s social and his Government has been responsible. affordable housing policy. They confirmed that Our party is not confident that the Govern- we now have legalised and institutionalised brib- ment will take on board anything from our ery of local authorities by developers, facilitated motion but we feel confident that the reality of by this Government. It has allowed developers to those poor standards in public life will hit home bribe their way out of providing social housing in the coming general election when the elect- under Part V of the Planning and Development orate makes its decision. Act 2000. As originally passed, this Act required developers to devote 20% of each housing Caoimhghı´nO´ Caola´in: I commend An Com- development to social and affordable housing. haontas Glas for tabling this motion and I express The friends of Fianna Fa´il in the construction the full support of the Sinn Fe´in Deputies for it. industry raised an almighty clamour and the Act It is often said that the people are suffering from was amended to allow them to side-step this obli- tribunal fatigue. Since 1997, the planning tribunal gation by paying money or providing land to local under Mr. Justice Flood and Mr. Justice Mahon authorities. Seldom has a lobby succeeded in get- has slowly exposed the complex web of planning ting a law changed in such a short time. corruption in and around our capital city. This The amending legislation to allow the devel- has been a very cumbersome and drawn-out pro- opers off the hook was rammed through the Dail cess. The tribunals now seldom make the head- with the use of the guillotine in December 2002 lines. It is true that many people have switched and it has turned out exactly as we predicted. It off, but that does not mean that people have for- has done nothing to provide homes for those gotten or have absolved those involved in plan- most in need of them. It has fuelled the spiralling cost of housing and encouraged property specu- ning corruption — far from it. The tribunals have lation. We now find that of 80,000 new homes been a process of education, confirming what built last year, only 830 were allocated to local many of us suspected for years — that there was authorities under Part V of the Act. That is not a corrupt relationship between developers, prop- much more than 1% of all housing and is a far cry erty speculators and the establishment political from the intended 20%. Since 2002, more than parties in this State. In recent times, certain 230,000 homes have been completed for sale on senior members of those parties have admitted the market, a third of which are second homes or receiving very large payments. owned by investors. At the best estimate, just Although we cannot go into detail, It is crystal over 1,600 have been provided under Part V of clear to anyone with a brain that those payments the Act. That is pathetic. were not made by developers out of the goodness When Part V was introduced in 1999 the then of their hearts. Conveniently, certain witnesses Minister for the Environment and Local Govern- claim that they have forgotten about payments ment, Deputy Noel Dempsey, said “the plan will made to them. The tribunal may find that in most lead to an additional 35,000 local authority units, or all cases, there was no evidence of illegality. It an increase in the voluntary housing sector pro- may not even use the word “corruption”, but only vision of houses...to4,000 a year and an the most naive and the most partisan can refuse increase to 2,000 units per year under the current to believe that Dublin County Council in the local authority affordable housing and shared 1980s was rotten with corruption. The developers ownership schemes”. That reads like a bad joke. and speculators called the shots. Less than 6% of all housing now being built is Two questions arise. What was the result and local authority housing. More than 130,000 what has changed? The result was bad planning people are denied decent housing in one of the on a massive scale. People were housed in what wealthiest states in Europe. When I raised this were often badly built and badly serviced estates with the Taoiseach recently at Leaders’ Ques- with few facilities. We live with the legacy of that tions, his ears were closed. If the Government to this day. Large and often sub-standard local were really sincere about housing and planning, authority estates were built with communities it would reinstate the requirement on developers experiencing high unemployment. The specu- to provide homes under Part V, implement the lators stripping the inner city for profit forced recommendations in the report of the National long-established communities out of the city and Economic and Social Forum and set a target for 1177 Political Donations and Planning: 21 March 2006. Motion 1178 the provision of homes for the 43,600 households Aengus O´ Snodaigh: Ce´ a dhein an phleana´il on local authority waiting lists. seo ach iad siu´ d a bhı´ sna pa´irtithe sin, Fine Gael, I have been calling for a just social housing Fianna Fa´il agus Pa´irtı´ an Lucht Oibre? Bhı´dı´sag policy since my election in 1997. There is no pros- glacadh breabanna an t-am ar fad. pect that this Government will change course in its remaining time in power. I can only hope that Mr. O’Dowd: Ce´ a thog an t-airgead o´ n we can place our trust and faith in the people and Tuaisceart? Na´rbh e´ an Teachta e´ fe´in? that we will see real and substantive change after the next general election. Caoimhghı´nO´ Caola´in: Ba cheart don Teachta an cheist sin a chur ar a chairde fe´in. Aengus O´ Snodaigh: Ba mhaith liom an deis seo a tho´ gaint chun mo bhuı´ochas a ghabha´il leis Mr. O’Dowd: Nı´ ghlacfaidh me´ le haon cheist an Chomhaontas Glas as ucht an ru´ nta´bhachtach o´ n Teachta O´ Caola´in. seo a chur faoi bhra´id na Da´la. Is ait liom — b’fhe´idir nach bhfuil se´ chomh Mr. Roche: At least they were not robbing hait sin — go bhfuil an che´ad chomhrialtas eile, banks. nach bhfuil ann fo´ s, fiu´ , scoilte ar an gceist seo. Chuireadar leasuithe sı´os ata´ ag lagu´ an ru´ in seo. Aengus O´ Snodaigh: Nı´lanre´ sin thart go fo´ ill. Bhı´ me´ ag su´ il lena leithe´id o´ Fhianna Fa´il, le Nı´ ga´ du´ inn ach fe´achaint ar na heasta´it nua stair na caimile´ireachta ata´ aige maidir leis an timpeall Bhaile A´ tha Cliath, agus fiu´ i mbailte phroise´as pleana´la sa tı´r seo, ach cad faoi Pha´irtı´ 100 mı´le o´ Bhaile A´ tha Cliath. B’fhe´idir go bhfuil an Lucht Oibre agus an leasu´ ata´ curtha sı´os aige athru´ tagtha ar na clu´ daigh dhonna, ach ta´ an rud ar an ru´ n seo? Ba cho´ ir go mbeadh se´ ag tacu´ ann fo´ s. Ta´ an chaimile´ireacht fo´ s i gceist sna agus ag cur leis seachas e´ a lagu´ . pa´irtithe sin, mar is iadsan ata´ fo´ sagde´anamh na Nı´ ga´ du´ inn ach smaoineamh ar an stair a bhı´ gcinnithe ce´anna. Nı´l aon loighic le roinnt de na ag an pha´irtı´ sin nuair a bhı´ se´ i Rialtais le cinnithe mo´ ra ata´ de´anta sa tı´r seo maidir le pa´irtithe e´agsu´ la thar na blianta. Ba cheart du´ inn to´ ga´il mo´ torbhealaı´ no´ prı´osu´ in nua in Thornton smaoineamh orthu siu´ d a bhı´ ar na comhairlı´ Hall. Ba cheart du´ inn fe´achaint ar an a´itiu´ la thar ceann na bpa´irtithe sin, a bhı´ ag mo´ torbhealach ata´ ag dul trı´ Theamhair. Ta´ siad glacadh na gcinnithe agus ag cur saibhris i dtreo ag dı´ol beairicı´ do lucht an rachmais, na lucht an rachmais sa Sta´t seo, i bhfoirm to´ ga´laithe, seachas d’u´ dara´is a´itiu´ la. Nı´l aon athghra´da´il thailte, go ha´irithe timpeall Bhaile loighic ar na cinnithe seo seachas go bhfuil an A´ tha Cliath. Ta´ a leithe´id tar e´is ta´rlu´ timpeall na Rialtas ag iarraidh slad a dhe´anamh ar an tı´re, an chaimile´ireacht ata´ bainteach le oidhreacht agus an timpeallacht chun a bpo´ caı´ hathghra´da´il thailte, ag cur luach as cuimse le fe´in a lı´onadh. Ta´ se´ sin fo´ s ag tarlu´ . Nuair a talamh talmhaı´ochta. fhe´achtar siar 20 bliain, ta´ an t-airgead sin fo´ s Ce´ a bhı´ agus ce´ ata´ fo´ s thı´os leis na cinnithe ann, agus deirim go bhfuil bru´ fo´ saran seo, ata´ bunaithe ar bhreabanna o´ rachmaso´ irı´ chosmhuintir bogadh as Baile A´ tha Cliath, mar agus to´ ga´laithe, o´ leithe´idı´ Gallagher, Gilmartin nı´l siad a´balta maireachta´il agus tithe a agus Dunlop, a bhı´ sa´sta airgead a chaitheamh cheannacht i mBaile A´ tha Cliath, no´ fiu´ i mbailte timpeall chun a bhealach a bheith acu seachas ar mo´ ra eile timpeall na tı´re. son leas an phobail mar ba cho´ ir? Sin an fa´th gur Molaim an ru´ n seo, agus tacaı´m go hiomla´n toghadh daoine — chun leas an phobail a chur leis. Ba cho´ ir d’Fhine Gael agus do Pha´irtı´ an chun cinn, seachas a bpo´ caı´ fe´inalı´onadh no´ Lucht Oibre na leasuithe a tharraingt siar agus po´ caı´ a gcarad. Is iad na daoine ata´ fo´ s thı´os leis tacu´ leis an Chomhaontas Glas agus leo siu´ d ata´ seo na´ gna´th chosmhuintir na hE´ ireann. sa´sta seasamh suas maidir leis an cheist seo. Ce´nfa´th ar to´ gadh bo´ ithre de shı´or seachas airgead na hEorpa a infheistiu´ i gco´ ras taistil Ms Harkin: I am happy to speak on this poiblı´, le traenacha agus busanna? Ta´ nı´os mo´ motion, and while I fully support its thrust, I have brabu´ is ar fa´il ag feirmeoirı´ Fhianna Fa´il agus one small caveat. I would not want to suggest that Fhine Gael, timpeall Bhaile A´ tha Cliath ach go all builders and developers should be tarred with ha´irithe, as mo´ torbhealaı´ a thioma´int trı´da the same brush. There are those in the construc- dtailte, nuair nach ga´ ach dual carriageway a tion sector who are not corrupt and do not pass tho´ gaint. Ba cho´ ir co´ ras ceart iarnro´ id a tho´ gaint brown envelopes to people but who make a vital mar a bhı´ sa tı´r seo 50 no´ 100 bliain o´ shin. Nı´ ga´ contribution to the economy. ach fe´achaint ar stair na ceiste seo — ar na However, there are ongoing and shocking rev- heasta´it tithı´ochta ar fad gan seirbhı´sı´ bunu´ sacha elations in tribunals. Part of the problem may be timpeall orthu, scoileanna, siopaı´, tionsclaı´ocht, that we are so used to hearing such revelations a´iseanna spo´ irt, a´iseanna do leanaı´, uisce fiu´ , that they are no longer shocking, and ordinary bo´ ithre, agus cosa´in. people simply shrug their shoulders with grim acceptance of a totally corrupt situation. In that Mr. O’Dowd: Agus bancanna. context, I fully understand, accept and support 1179 Political Donations and Planning: 21 March 2006. Motion 1180

[Ms Harkin.] Mr. Roche: The Deputy should speak to her this motion’s intent. I was not a member of friends in the Greens about that. Dublin County Council in the dark days referred to by the Green Party. In that context, I com- Ms Harkin: ——to maintain vibrant rural com- mend those who stood up and were counted, munities. I also ask the support of the Green shedding some light on this dark and corrupt cor- Party in seeking a balance between sustainable ner of Irish life. We owe those people a debt, rural and urban living. since they put their heads above the parapet and risked ridicule, which at times was heaped upon Mr. Roche: The Deputy need not hold her them. breath. There have been far too many instances of unacceptable methods being used by certain Mr. Eamon Ryan: The Minister should speak developers seeking the zoning or rezoning of to Wicklow County Council. land. There has also been an unacceptable accumulation of large land banks by a small Mr. F. McGrath: I am happy to speak in this number of developers who have been placed in a important debate on payments to politicians, position to dictate the excessive cost of housing their collective amnesia regarding moneys throughout the country and especially in the received, and corrupt planning decisions in wider Dublin area. Land acquired for development society. In England, they seem to have loans for should be built on within a short time or surren- peerages, but in this country, it is donations for dered at an equitable price to be used for its land rezoning or brown envelopes for contract zoned purpose. If that mechanism existed, we work. Let us stop kidding the public and call a would not have the current, totally unacceptable spade a spade. When senior Ministers or leaders situation where numbers of social and affordable of political parties get donations in envelopes in houses built are massively short of Government the middle of the night and then claim not to targets. It reflects once again the unacceptable remember the kind donor, the public simply does influence of developers on the Government. not believe them. It is as plain and simple as that. I see particular merit in the Green Party’s call That is the reality and what people on the street for greatly increased efforts to create properly are saying. planned communities. In recent years, there have What a country this is, now that we have a been some improvements, but they still fall far Minister for Justice, Equality and Law Reform, short of what is needed. We are still building Deputy McDowell, who blatantly abuses his housing estates without adequate infrastructure, power. He shows no respect for due process or especially social infrastructure. There is not the Office of the Director of Public Prosecutions. adequate community space, indoor or outdoor, He gloats and brags about taking out the Centre for communities to meet, flourish, integrate and for Public Inquiry, which was established to root create their own sense of identity and pride of out corruption and sleaze. He destroyed Frank place. Communities need adequate child care and Connolly’s name by leaking files. He stayed silent recreational facilities. Otherwise, we are actively on the Greysteel massacre and evidence regard- destroying them. ing collusion. He huffs and puffs about crime In this House we speak of children on the while working-class people are slaughtered on street and childhood obesity, yet we are guilty by our streets. omission. We have community and voluntary This political bully and intellectual snob has to groups and local associations raising money and be challenged, and I do so tonight. He is silent lobbying every politician in sight, writing tonnes regarding his colleagues’ amnesia, since he too of letters and generating hundreds of Da´il ques- will look after his powerful and wealthy friends. tions and answers. It happens because we still He should resign and apologise to the Irish allow developers to build estates and devel- people for damaging the integrity of the office of opments without providing the community space. Minister for Justice, Equality and Law Reform. We must live as communities and not as individ- This is clearly where I stand. He should also uals in boxes all in a row. apologise once more to Deputy Gormley and the When we speak of sustainable communities, we Green Party for his recent remarks. A little must ensure we include rural ones. Given that humility might do him well in future. one third of people live in the country, we must Regarding the motion, I commend the Green ensure that the choice remains for those who wish Party for highlighting the sleaze and corruption to continue to live in rural areas. Current rural in Irish political life. I agree with their philosophy housing guidelines are still too restrictive and will and political vision that green politics is clean not allow rural areas to regenerate themselves or politics. I advise them, however, not to get into maintain a balance between rural and urban liv- bed with right-wing, conservative, pro-war, pro- ing. I urge the Minister to revisit the current rural greed, pro-exploitation parties. They will destroy housing guidelines—— that vision and damage their integrity. 1181 Political Donations and Planning: 21 March 2006. Motion 1182

Mr. O’Dowd: Perhaps the Deputy should sing Mr. Roche: I move amendment No. 1: those words. I cannot hear him. To delete all words after “Da´il E´ ireann” and substitute the following: Mr. F. McGrath: This motion is about the com- mon interest of the Irish people, their families “having established and resourced the Tri- and communities. Once known as the land of bunal of Inquiry into Certain Planning saints and scholars, Ireland today is better known Matters and Payments: as the land of scandals and tribunals. Politics, — notes the four interim reports of the banking, the church, business, medicine, law and Tribunal and awaits the findings of the the gardaı´ have suffered from an erosion in public Tribunal on matters currently under confidence in the wake of an astonishing list of examination in public hearings, as well scandals. Moreover, Ireland has undergone rapid as any overarching recommendations social, economic and political change over the last for legislative amendment; decade that has had a profound impact on its value system. For example, the declining auth- — notes the comprehensive ethics frame- ority and influence of the Catholic Church in work applicable to local government recent years has forced many to seek other councillors and employees under the sources of ethical and moral guidance. However, Local Government Act 2001, supported this creates dilemmas of its own. Difficult by separate Codes of Conduct issued decisions about the distribution of resources raise under the Act in 2004; awkward questions for society. How is the tension — notes the importance attached by this between the rights of individuals and the overall Government to probity in public office good of society to be resolved? We will not look generally, as reflected in the Standards for guidance from the political elite, the Christian in Public Office Act 2001, the Preven- church, the medical and legal professions or from tion of Corruption (Amendment) Act business leaders. All have had their credibility 2001 and the Commissions of Investi- seriously tainted by damaging scandals. Poli- gation Act 2004; ticians have damaged the integrity of politics. We — notes the detailed controls in relation to must face up to this reality and win back politics political donations and election spend- for the vast majority of the people. ing enacted in the Electoral Moreover, the housing situation is a scandal, as (Amendment) Act 1998, the Local we are unable to provide homes for young Elections (Disclosure of Donations and couples and people on social and affordable hous- Expenditure) Act 1999, and the Elec- ing waiting lists. This is unacceptable. I also chal- toral (Amendment) Act 2001; lenge those parties which have failed to discipline their members for their collective amnesia with — notes the increased transparency of the regard to money received from developers and planning system under the Planning and their agents, at a time of widespread rezoning by Development Act 2000; local authorities. I am amazed at the brass neck — commends the Government’s commit- of some politicians in this House, Ministers and ment to implementing the National leaders of Opposition parties included, who state Spatial Strategy (NSS) as the strategic they cannot remember, or found nothing strange national planning framework for or amazing about people coming with envelopes achieving more balanced regional in the middle of the night. development, in the context of Ireland’s This motion is about honest politics and a fair rapidly changing economic and social and just society. It is concerned with cleaning up circumstances, including population politics and with decent and quality planning. growth which will see the population Finally, it is about respecting our citizens and increasing to around 5 million people ensuring a quality of life and future for our chil- by 2020; dren. I urge all Members to support the motion — notes that the NSS is having an increas- tabled by the Green Party. ing influence on policies and prog- rammes across a range of Government Minister for the Environment, Heritage and Departments and agencies, underscored Local Government (Mr. Roche): I apologise for by the Government’s decision in July having laryngitis. My response will not be as 2005 that the regional dimension of the robust as it would be otherwise. next National Development Plan, now in preparation, will be broadly based on Mr. O’Dowd: Praise the Lord. the NSS; An Ceann Comhairle: The Minister, without — notes that at regional level, a key policy interruption. bridge between national development 1183 Political Donations and Planning: 21 March 2006. Motion 1184

[Mr. Roche.] thing infinitely more sinister was going on over priorities and local planning has been on those benches. put in place with the adoption of Regional Planning Guidelines in each Caoimhghı´nO´ Caola´in: What is the Minister region to provide a strategic framework suggesting? for local authority development plans and local area plans; Mr. Roche: I am pointing at Deputy O´ Caola´in and his colleague, Deputy O´ Snodaigh. — notes that the priorities of the NSS and regional planning guidelines have been Caoimhghı´nO´ Caola´in: What is the Minister recognised in the Government’s 10-year saying now? investment plan for transport, Trans- port 21; Mr. Roche: It was not just the type of political — notes the success of Government policy activity—— in expanding the range of housing sup- ports and facilitating record housing Mr. Sargent: What are the allegations now? output in the face of unprecedented demand; Mr. Roche: ——and the paramilitary activity and the criminal activity—— — notes the requirement upon planning authorities to prepare housing stra- Caoimhghı´nO´ Caola´in: The Minister should tegies providing for a mixture of house spell it out. types and sizes to meet the needs of all categories of households, including pro- Mr. Roche: ——that was supported by the vision of Part V social and affordable Deputy. housing, and to zone adequate land to meet these projected housing needs; Caoimhghı´nO´ Caola´in: I beg the Minister’s pardon. I never did so. The Minister should — welcomes the record levels of funding withdraw—— being provided for social and affordable programmes, under which, for instance, An Ceann Comhairle: Minister, you should not 23,000 units of social housing will be make unsubstantiated allegations against any commenced in 2006-2008; Member of the House. — endorses the Government’s new Hous- ´ ing Policy Framework ‘Building Sus- Mr. Roche: In the case of Deputy O tainable Communities’, under which Snodaigh—— active land management strategies are ´ being put in place to support an Caoimhghı´nOCaola´in: I ask the Minister to expanded programme of social housing withdraw his allegation of association of crimi- delivery in mixed community settings; nality in any shape or form. and Mr. Roche: For God’s sake. — notes the broad range of measures under which an element of the Caoimhghı´nO´ Caola´in: As for the laughing increased value of zoned and serviced jackass in the front row of the Fine Gael benches, land may be recovered, including, Deputy O’Dowd, he could show some manners development levies, Part V provision of this evening. I ask the Minister to withdraw social and affordable housing or its those remarks. equivalent value, capital gains tax and the Government’s readiness, if neces- Mr. Roche: I certainly will not withdraw them. sary, to pursue other options in this regard.” Caoimhghı´nO´ Caola´in: They are outrageous and untrue—— While I have a great deal of time for Deputy Cuffe on a personal level, I am amazed at his Mr. Roche: Sinn Fe´in was up to its elbows and brass neck in talking about amnesia. Frankly, I its ears in criminality and Deputy O´ Caola´in sup- am stunned. I like him as a person, but when it ported it and you supported the slaughter of Irish comes to the hypocrisy stakes he takes the gold men and Irish women. medal, or rather his friends over there on the Sinn Fe´in benches do so. No one in politics can be Caoimhghı´nO´ Caola´in: ——and the Minister happy with what went on in Dublin County should withdraw them. He should at least learn a Council during those years however, regardless of lesson from the idiot who passes as a Minister what went on in Dublin County Council, some- for Justice, Equality and Law Reform, who was 1185 Political Donations and Planning: 21 March 2006. Motion 1186 obliged to withdraw the remarks he made over Caoimhghı´nO´ Caola´in: He is absolutely the past 48 hours. bankrupt.

Mr. Roche: The Deputy supported the slaugh- Mr. Roche: Perhaps they should. Members ter of Irish men and Irish women. should deal with the issues.

An Ceann Comhairle: May the Chair make a Mr. Boyle: On a point of order—— point? An Ceann Comhairle: A point of order from Mr. Cuffe: I never engaged in amnesia, unlike Deputy Boyle. the Minister’s political colleagues. Mr. Boyle: The Minister has not taken the Caoimhghı´nO´ Caola´in: Is attack the best form opportunity to clarify his allegation that Deputy of defence? Cuffe had suffered from amnesia in order to cover up some criminal act. That remains on the An Ceann Comhairle: The Chair wishes to record of the House and I ask him to withdraw make a point. It is inappropriate to make that statement. remarks, allegations of corruption, of criminality, of anything against individual Members of this Mr. Roche: Deputy Boyle is probably the only House. Member in the House who does not know what I mean. Mr. Eamon Ryan: What was the Minister implying about Deputy Cuffe? Mr. Boyle: That is what the Minister intended.

An Ceann Comhairle: There is a dividing line Mr. Roche: There was a small matter of per- between political charges, but it is inappropriate sonal shares. However, we will come back to that. to make any remarks of a personal nature, that a Member was involved in criminality. Mr. Boyle: Where was the amnesia? Where was the criminal act? Mr. Roche: Allow me clarify the position. I am Mr. Eamon Ryan: What does the Minister not making an allegation against either Deputy. mean? However, I am making a very specific allegation against the party and politics that Deputy O´ Mr. Roche: We will return to that. I listened Caola´in has been—— to the Opposition Members with courtesy and in silence and pray that they will do the same for Caoimhghı´nO´ Caola´in: No difference—— me. First, as to what has been done—— An Ceann Comhairle: Deputy O´ Caola´in Mr. Boyle: The Minister still has not with- should allow the Chair to deal with the issue. drawn. He has placed a specific allegation on the record of the House. Mr. Roche: ——delighted to support. As ´ Deputy O Snodaigh prepares to get on his feet, Mr. Eamon Ryan: What is the Minister perhaps he might tell the House what his cronies implying that Deputy Cuffe did? were doing in Bray. It is a matter of public record what happened when they went to court. Mr. Roche: This is nonsense. ´ Aengus O Snodaigh: That has nothing to do Mr. Boyle: Deputy Cuffe has not been involved with me. in amnesia or in any criminal act——

Mr. Roche: Perhaps he should clarify it. If the Mr. Roche: I did not say that Deputy Cuffe was Deputy is prepared to come into the House—— involved in any criminality.

Aengus O´ Snodaigh: Clarify what? Mr. Boyle: ——and the Minister should with- draw his remark. Mr. Roche: If Sinn Fe´in Deputies are prepared to come into the House and tar brush as they Mr. Roche: I said absolutely no such thing. I are—— will not withdraw a remark I did not make.

Caoimhghı´nO´ Caola´in: The Minister should Mr. F. McGrath: The Minister should address the motion before the House instead of apologise. always looking for a pound of flesh. Mr. Roche: I said the man suffers from (Interruptions). amnesia, and everybody knows about that. 1187 Political Donations and Planning: 21 March 2006. Motion 1188

Mr. Boyle: Knows about what? Mr. Cuffe: On a point of order, there was no amnesia on my part. It was a deliberate slur by An Ceann Comhairle: The Minister has stated the Minister. that he did not make the remark, which Members must accept. Mr. Roche: I have not made the point that there were any criminal acts. I will say it again Mr. Roche: I will not be heckled from my time here—— by this sort of semi-fascistic barracking. An Ceann Comhairle: The Minister has clari- Mr. Boyle: I cannot agree. The Minister stated fied his point. Can we move on with the debate. that Deputy Cuffe was involved in an act of amnesia. Mr. Roche: The Government, since it was first elected—— Mr. Roche: He was involved in an act of Mr. F. McGrath: The Minister should resign, amnesia. along with the Minister for Justice, Equality and Law Reform, Deputy McDowell. Mr. Boyle: About what? Mr. Eamon Ryan: On a point of order—— Mr. Roche: He forgot about his shareholding. An Ceann Comhairle: Deputy Eamon Ryan, An Ceann Comhairle: That was a political on a point of order. charge. Mr. Eamon Ryan: It is totally inappropriate for Mr. Eamon Ryan: On a point of order—— the Minister to equate inheriting shares from one’s mother with taking a bribe. That is what he Mr. Roche: Members should get real. is doing and he should withdraw it.

(Interruptions). An Ceann Comhairle: Sorry Deputy, that is not a point of order. Mr. Cuffe: I ask the Minister to withdraw what he has just said. He accused me of amnesia with Mr. Roche: I did not do that. regard to my own dealings. I suffered no amnesia in that regard. I fulfilled every aspect and every Mr. Eamon Ryan: That is exactly what he is letter of the law. I ask the Minister to withdraw doing. his statement. Mr. Roche: No I did not. Mr. Roche: I made no suggestion that the Deputy was involved in criminal activity. An Ceann Comhairle: The Minister, without However, he was very selective. Let us get on interruption. with the issues. Mr. Eamon Ryan: This nonsense from the Mr. Cuffe: What was I selective in? I was Minister’s party for the past three years will not never selective. be taken any more. Mr. Roche: Since the Government was elected Mr. Eamon Ryan: Again, on a point of order I in 1997—— ask the Minister to withdraw. Mr. Eamon Ryan: It is complete nonsense. It An Ceann Comhairle: The Chair will not take is the difference between bribery and getting an a point of order when the Minister is speaking. inheritance from one’s mother.

Mr. Gormley: The Minister is an absolute An Ceann Comhairle: Allow the Minister to disgrace. speak without interruption.

An Ceann Comhairle: Deputy Cuffe made a Mr. Roche: Since the Government was elected point and the Minister was responding to it and in 1997, it has done more to tackle corruption the House will not hear—— than any Government since the foundation of the State. First, it has established tribunals to investi- Mr. Cuffe: I ask the Minister to withdraw that. gate planning corruption and payments to There was no amnesia on my part. politicians.

An Ceann Comhairle: The Minister—— Mr. Cuffe: To bury the issue. 1189 Political Donations and Planning: 21 March 2006. Motion 1190

Mr. Roche: Second, it has improved the trans- protesters who have scant regard for the planning parency of the planning system. Third, it has process. We see this in my constituency, where introduced a new regime of ethics in local govern- they came out to support professional protestors ment. Fourth, it established the Standards in who have wasted tens of millions of euro in tax- Public Office Commission. Fifth, it introduced payers’ money in the Glen of the Downs and new controls over political donations and finally, Carrickmines. it modernised the legislation governing corruption. Mr. Eamon Ryan: They made a perfectly In that context, the motion tabled by the Green valid point. Party and supported, among others, by Sinn Fe´in, is cynical and opportunistic in the extreme. Given Mr. Cuffe: The Minister brought in a fee to the pop-eyed indignation from the Green Party make their views known in the planning process. at reported comments by the Minister for Justice, Equality and Law Reform earlier today this An Ceann Comhairle: Deputy Cuffe had his motion is also somewhat hypocritical, to put it opportunity. It is the Minister’s turn. mildly. In a blatant attempt at political point scoring, Mr. Roche: In my constituency a Green Party the Green Party Members seek to pre-empt the councillor praised these self-styled eco-warriors, ongoing work and ultimate findings of a tribunal who were a completely unrepresentative and of inquiry established by the Oireachtas. They unelected group, as witnesses for democracy. also seek to tar all politicians in the main parties The Irish planning process has continually been of this State as criminals or closet sympathisers. held to ransom by these same protestors. They They ignore the substantial body of legislation deliberately conflate a range of important issues introduced by this Government to ensure probity in a failed attempt to attack the genuine achieve- in public office and in the public service. More ments of the Government in planning and hous- importantly they ignore the fact that the vast ing delivery, and they endorse a policy proposal majority of the men and women who serve in pol- that could have major implications for the hous- itical office, from all parties in this State, do so ing market. with integrity. The bizarre proposition—— Mr. Cuffe: The Government filleted Part V of Mr. Boyle: More than the vast majority. the Planning and Development Act 2000.

Mr. Roche: The bizarre proposition made by Mr. Roche: What we have before us is yet the Deputy opposite, that somehow or other, vot- another demonstration that the Green Party is ing for a section 4 motion, something which I incapable of adopting reasoned and realistic poli- tended not to do, automatically labels the cies based on what is achievable in a complex Ta´naiste as being in some way improper, is extra- modern society, and remains wedded to rhetoric ordinary. and simplistic solutions.

Mr. Eamon Ryan: It simply explains her silence Mr. Gormley: Who wrote this ridiculous speech on this issue. for the Minister? Did he write it himself?

Mr. Roche: That particular section of law is Mr. Roche: The Government has no objections part and parcel of the democratic law of the land. to the sentiment of the Fine Gael amendment. The vast majority of people from all political par- However, the Government has put down its own ties in this State have nothing to do with hypoc- constructive amendment, outlining what has been risy or corruption and have served with great done to root out corruption, and we consider that integrity. By drawing this broad stroke across all this is a more positive approach. We will be political parties, the Green Party does politics a pressing our amendment. disservice. I have no intention of engaging with the Green Party in fruitless discussion or argument concern- Mr. Gormley: Who does? Everyone would ing recent disclosures at the Tribunal of Inquiry think we all are at it but we are not. into Certain Planning Matters and Payments. These tribunals which were set up should be Mr. Roche: Through a mixture of innuendo, allowed to run their course and produce their allegation and conspiracy theory, they would reports, and then we can deal with them. have us believe that our planning system is cor- rupt and inefficient, when by any international Mr. Gormley: What about the Minister’s standard it is open, transparent and effective. script? Indeed, the Green Party has some brass neck to preach about the planning process. This is the Mr. Roche: The bottom line is that the tribunal same party that regularly supports professional was established by the Oireachtas to investigate 1191 Political Donations and Planning: 21 March 2006. Motion 1192

[Mr. Roche.] proper standards of integrity, conduct and con- acts of planning corruption and it continues its cern for the public interest. The framework is work in public hearings. based on three basic requirements, first, an annual declaration of a wide range of interests, Mr. Gormley: I thought there was something second, disclosure of any pecuniary or beneficial about Deputy Cuffe in the script that the Minister interest in a matter coming before the authority seems to have skipped. and, third, a public register of these interests. There is also a requirement to disclose interests Mr. Roche: I made the point earlier. in any matter which arises in the performance of functions by the local authority and in which the A Deputy: Some people have amnesia. councillor or employee concerned or a connected person has an interest. Failure to comply with the Mr. Roche: I made it earlier and it caused the key requirements of this legislation is an offence Deputy some offence. and the penalties concerned have been set at a high level to achieve a clear deterrent effect. Mr. Cuffe: Damn right. In addition, separate national codes of conduct for local authority employees and councillors Mr. Roche: So I left it out. were published under the Act in 2004. Their pur- Mr. Cuffe: The Minister could not explain it. pose is to set out standards and principles of con- duct and integrity, to inform the public of the Mr. Roche: I can, I will explain it if you give conduct it is entitled to expect and to enhance me time. public trust and confidence in the local govern- ment system. An Ceann Comhairle: Will the Minister Of course, we already had the Local Elections address his remarks through the Chair? (Disclosure of Donations and Expenditure) Act 1999, as amended, which sets out comprehensive Mr. Roche: To date, the tribunal has issued requirements on the size and disclosure of politi- four interim reports, which made certain findings. cal donations. The Local Government Act 2001 Following the conclusion of its public hearings, is bolstered by other public service-wide ethics the tribunal will prepare and furnish to the legislation. Oireachtas its final report. In this regard, the tri- bunal has a mandate to make recommendations Mr. Boyle: There is no limit to expenditure in and, at that stage, we will follow those recom- local government elections. mendations. Mr. Roche: Under the Prevention of Corrup- Mr. Cuffe: We all will be dead at that stage. tion (Amendment) Act 2001 corruption is pre- sumed where there is proof that certain persons Mr. Roche: While we await the completion of in public office have received money or other the work of the tribunal, the Government has not benefits from a person who has an interest in the been slow to put in place reforms to protect the way certain functions are carried out or the out- openness, probity, fairness and efficiency in the come of specified decisions, including planning operation of the planning system. To this end, we decisions. In effect, this reverses the normal bur- have introduced various new measures to den of proof. A person who receives a payment improve the openness and transparency, a few of in these circumstances will have to prove the pay- which I will outline. For instance, the Planning ment is not corrupt, instead of the prosecution and Development Act 2000 extended the existing proving that it was. This should make the pros- rules relating to ethics for planning authority ecution of corrupt payments much easier. staff. It also introduced more opportunities for The Standards in Public Office Act 2001 pro- public consultation and scrutiny of both zoning vided for the establishment of the Standards in decisions and the grant of individual planning Public Office Commission with wide investigative permissions, and it increased political oversight of powers, and the Members are aware of the facts the system of development contributions. there. The Act imposes on politicians an obli- As well as changes to the planning code, there gation to have one’s tax affairs in order and to have been significant developments in the legis- swear a statutory declaration that this is so. lative and regulatory framework governing the Members of the Da´il or Seanad are required to conduct of public representatives and public ser- furnish annual statements of registerable vants. In so far as local government is concerned, interests. The Commission can also have regard the Local Government Act 2001 provided a new to a person’s compliance with the Local Govern- and comprehensive ethics framework for local ment Code of Conduct in carrying out its government employees and councillors. As its functions. starting point, the Act provides that it is the duty The Electoral (Amendment) Acts 1998 and of every councillor and employee to maintain 2001, together with the Local Elections 1193 Political Donations and Planning: 21 March 2006. Motion 1194

(Expenditure and Donations) Act 1999, strength- suggest that I have any less interest in this than ened substantially the controls that apply to pol- anybody on the benches opposite because I have itical donations and election spending. The new a record on the matter over the years. controls included a requirement to open special Building sustainable communities means accounts for political donations. delivering quality dwellings in quality devel- This corpus of legislation reflects the intent of opments with a proper transport infrastructure, the Government that our planning and local social services, schools etc. government systems, as well as the wider public 8 o’clock Expanding communities need edu- service, are seen to operate to the highest stan- cation and health facilities, child care dards of probity in the common interest. There- services and so on. Departments and regional and fore, I reject emphatically any suggestion that we local authorities have been working, and will con- are less than wholehearted in our pursuit of this tinue to work, together to ensure the unpre- objective. cedented rate of population growth and housing I consider that the body of law I outlined pro- development being experienced in Ireland is vides a robust framework within which legitimate planned for in a manner that will support more political donations can continue to be received balanced regional development and the creation across the political spectrum. I do not accept the of sustainable communities. proposal that all such donations from any part- In planning for housing provision, we need to icular group must be deemed undesirable per se. ensure high standards are applied and this will be That is a nonsense. That discredits politics. I have done through quality development plans and outlined what the Government has done and local area plans. The Green Party has members emphasise, because Deputy O’Dowd is looking on local authorities which make those plans, and across at me, that this was built on a good found- the party can make an input there. ation that was put in as we were coming into Reference was made to the issue of urban office. Those are the facts. There is a substantial sprawl. I am not familiar with a case in which the body of legislation. It is new and it is working. Green Party has favoured higher density developments. (Interruptions). Deputies: Wrong. An Ceann Comhairle: Deputies will have their opportunity to contribute to the debate if they Mr. Cuffe: The Minister has his fingers in his want to but should not spoil somebody else’s con- ears. He should get out more. tribution. Mr. Roche: If I am wrong, I accept that. I have Mr. Eamon Ryan: The Minister has the cheek never witnessed Green Party support. to—— Mr. Cuffe: The Minister’s party colleague Mr. Roche: Deputy Ryan has a habit of coming declared his opposition to apartments at a public in here, roaring and shouting like a bull, and mak- meeting in Stillorgan. We supported higher den- ing as much sense as a bull. sities in our submission.

Mr. Eamon Ryan: The Kenny report made Mr. Roche: From a national perspective, the sense in the 1970s. eastern half of the State has witnessed the most rapid development over the past decade. It has Mr. Roche: Deputy Ryan will have his oppor- been a challenge to respond to this phenomenon tunity and I will listen to him with more courtesy in infrastructural investment in areas such as than he is showing me. If he stops behaving like transportation and housing, two issues referred to a little jackbooted bully we may get somewhere in the motion. in this House. Each occasion I come in here to make a speech he comes up, red-faced with indig- Housing development rapidly accelerated over nation, roaring and shouting and making little the past decade throughout the so-called outer sense. I suggest he take a tranquilliser, calm down Leinster counties. Housing output in the Dublin and listen to a little common sense. city and county area was more static. However, this has put more distance between where people Mr. Eamon Ryan: I never realised I had that live and work. However, in recent years a good effect on the Minister. deal of progress has been made in countering these trends. In a far-reaching measure, the Mr. Roche: With regard to the scale and nature Government has for the first time put in place, of the physical development which has taken and is committed to implementing, a national place over past decades, there is common cause spatial strategy. The strategic planning guidelines in this House that it is not good enough that, as of 1999 and their successors, the regional plan- has happened in the past, we built without putting ning guidelines for the greater Dublin area, the infrastructure in place. Certainly, nobody can GDA, have set a policy framework aimed at 1195 Political Donations and Planning: 21 March 2006. Motion 1196

[Mr. Roche.] Mr. Roche: We have witnessed unprecedented accommodating significant population and hous- demand for housing over the past decade, ing growth in the GDA. reflecting significant economic success and rap- Major development areas such as the Adams- idly changing demographics. town strategic development zone, Pelletstown and the north fringe of Dublin city have been Mr. Cuffe: And a trebling of housing waiting facilitated by significant and continuing invest- lists. ment in critical and enabling infrastructure such as new water services schemes and enhancement Mr. Roche: The Deputy could do his bit in Du´ n of the capacity of rail and bus services. The con- Laoghaire-Rathdown, which has the worst social centration of development in these areas rep- housing record in the State. I will not be lectured resents best practice in the effective integration by him. He should examine the record of the of physical planning and provision of transport council in an area where he has influence. and essential services. Mr. Cuffe: Thanks to the Minister. Mr. Cuffe: Twenty new buses. Mr. Gormley: And the Deputy behind him. Mr. Roche: Transport 21 is proceeding to roll out further major investment in fixed line public Mr. Roche: The Green Party controls the transport networks. majority on that council, not Deputy Andrews.

Mr. Boyle: When will this happen? When will Mr. Sargent: He has the Minister’s imprimatur. the money be spent? Mr. Eamon Ryan: Fine Gael and Labour con- Mr. Gormley: When was the last time the Mini- trol that council. ster was on a train? Mr. Roche: We have focused on increasing Mr. Roche: About a week ago. Transport 21 overall supply to meet increasing demand and will support the spatial development framework improve affordability. We have delivered that for the GDA from a transportation perspective. supply and we will continue to do so. We are In Adamstown, for example, this will result in the building at a much higher rate than our EU col- four tracking of the Kildare-Heuston suburban leagues — almost four times the western Euro- rail service, providing a rapid and frequent link pean average. More than one third of the coun- between west Dublin and the city centre and try’s homes have been built since 1996. other transport networks such as Luas. People and communities will also benefit from the Mr. Boyle: To what standard? extended Luas, the new metro and the quality bus corridors systems which the Transport 21 plan Mr. Cuffe: They have been built using substan- will deliver. I hope that when these projects come dard housing regulations. up for critical planning, they will have the support of the Green Party. Aengus O´ Snodaigh: And on the basis of profiteering. Mr. Cuffe: Overriding democracy. Mr. Roche: In 1994, fewer than 27,000 homes Mr. Roche: Taking all of the foregoing were being built in Ireland but by 1997 this had together, we are turning around recent develop- increased to almost 39,000, an extraordinary rate ment trends. We accept we face a challenge and of increase, and there has been unprecedented we are more realistic than the Green Party in growth since. Last year was the 11th year of that regard. record house completions, with output of more than 80,000 units. Crucially, we are delivering Mr. Sargent: The Minister has made a big mess. where demand is most acute and have increased supply to 18,000 units in Dublin and 28,000 in the Mr. Roche: My Department and I will continue GDA. This is almost double the level of a decade to work closely with other Departments, regional ago. In overall terms, the quality of Ireland’s and local authorities to ensure an integrated housing stock is very high. approach. An element of the Green Party motion and the Mr. Cuffe: It is not. Sinn Fe´in rhetoric suggests that the Government has favoured private housing development to the Mr. Sargent: What is the Minister’s standard? detriment of our social and affordable housing provision, which is patently untrue. Mr. Roche: The majority — 92% — of house- holds surveyed during the last national survey of Deputies: It has. housing quality expressed satisfaction with the 1197 Political Donations and Planning: 21 March 2006. Motion 1198 general condition of their accommodation, their Mr. Cuffe: It could hardly make less. area and their neighbourhood. Mr. Roche: It will make much more sense than Mr. Boyle: Is the Minister paying their heat- anything the Deputy has said. ing bills? The delivery of housing under Part V of the 2000 Act is beginning to increase significantly. At Mr. Roche: All available indicators suggest the end of 2005, almost 1,400 units had been high levels of housing output will continue to be delivered during the year, 2,500 were under con- required annually in the period to 2020. This will struction and a further 3,500 were proposed be a major challenge but one where this Govern- under agreements with developers. ment’s track record justifies confidence. With the support of the other major political parties at Mr. Sargent: That is 1%. local government level, we can achieve the hous- ing output required. While we will continue to Mr. Roche: I expect 6,000 social and affordable facilitate the strong housing market necessary to units will be delivered under Part V between 2005 meet the needs of our increasing population, the and 2007. market on its own cannot address the housing Recognising the affordability issues in the problems. Dublin area, the Government last year estab- lished a new agency, the Affordable Homes Part- Mr. Cuffe: Is that the Minister’s Galway races nership, to co-ordinate and add impetus to the script? delivery of affordable housing in and around the capital. The partnership is well established and is Mr. Roche: Accordingly, the provision of making good progress on the implementation of strong support for social and affordable housing its work programme, including the advancement remains a key objective of this Government. of affordable housing projects on State lands and Record funding is being provided for social and co-ordination of the provision of housing related affordable housing programmes this year. With infrastructure. the additional funding secured in the budget, the The new housing policy statement, Building provision for 2006 will be in excess of \2 billion, Sustainable Communities, provides the frame- more than double such expenditure in 2000. work for a wide-ranging review of housing policy. To support the introduction of these policy Mr. Sargent: The Minister should bring back initiatives, my Department has commissioned a Part V. research study into apartment size and space standards that will feed into new planning guide- Mr. Roche: The Deputy should at least have lines due later this year. I share the concerns the honesty to acknowledge that fact. about the quality of some apartments. Additional We are using these resources to good effect. In guidance on best practice mechanisms in the the past three years, local authorities have started effective linkage of the development of new resi- on average 5,100 units, 40% higher than the aver- dential areas with the provision of wider social age number of units commenced between 1994 infrastructure such as schools and amenities is and 1997. During that period, the voluntary and also envisaged. co-operative sector supplied approximately 900 The Green Party motion proposes the recovery units per annum but this has increased by two of betterment due to land rezoning, through the thirds to average 1,500 units in more recent years. introduction of a complex mechanism first pro- A total of 23,000 new units of social housing will posed in 1973, the designated area scheme, commence between 2006 and 2008. Rather than whereby local authorities would be required to crow from the benches, Opposition Members designate and acquire all development land in the could join me in encouraging local authorities to State at its existing value plus 25%. meet or surpass their targets. Before addressing this proposal, it is worth Further households will be assisted through the pointing out that there are already a number of new rental accommodation scheme. The output existing mechanisms that in effect recover of affordable housing in 2005 was double that increases in value arising from planning decisions between 1994 and 1997. A total of 15,000 units of to improve public infrastructure. The longest affordable housing will be delivered between standing is capital gains tax. 2006 and 2008. Almost 100,000 households have benefited from various social and affordable An Leas-Cheann Comhairle: The Minister housing measures over the past eight years. We should conclude. are greatly expanding this provision and we expect 50,000 households to benefit from various Mr. Roche: I will conclude in a moment. I was social and affordable housing measures over the harangued and harassed during my contribution. coming three years. Part V will make an increas- A more recently introduced measure was the sup- ing contribution to meeting these targets. plementary development scheme. 1199 Political Donations and Planning: 21 March 2006. Motion 1200

(Interruptions). — condemns the actions of those public representatives, officials, developers Mr. Roche: With regard to the designated areas and landowners who engaged in the scheme, I question whether the Green Party has corrupt activity outlined by the tri- ever read the 1973 Kenny report. bunal; and — notes the deterioration in public stand- Mr. Eamon Ryan: Not only did we read it, we ing of all politicians as a result of this endorsed it. corruption; Mr. Roche: If it had, it would see that Judge calls: Kenny rejected the Green Party’s stated objective — for the immediate passing of whistle- of recovering most of the increased value of land blower legislation to protect those attributable to rezoning. working in local authorities who reveal Mr. O’Dowd: The Minister has used two of corruption; and our minutes. — on all parties to fully comply with the provisions of the Electoral Acts in Mr. Roche: I will finish in a moment. The relation to financial donations.” Kenny report stated explicitly that legislation which provided that a local authority could Our amendment deals specifically with one issue acquire lands at existing value plus some percent- which we think will bring about an immediate age of it—— change in how people address corruption and planning in local government generally. It calls Mr. Gormley: The Minister should get on with for the immediate passing of whistleblower legis- it and read it properly. lation to protect those working in and elected members of local authorities who reveal corrupt Mr. Roche: I will read it properly because it is practices. worth reading out. The Kenny report states The corruption that was so prevalent in local explicitly that legislation which provided that a authorities in Dublin in the 1980s and 1990s must local authority could acquire lands at existing use be unequivocally condemned and I welcome this value plus some percentage of it when its price opportunity to condemn it. It seems that at that had been increased not by local authority works, time, the era of Mr. Charles Haughey and Mr. but by planning decisions only, would be unjust Ray Burke, the system of planning in this city was and probably repugnant to the Constitution. hijacked by a few greedy people intent on making a quick buck, regardless of the consequences on Mr. McCormack: On a point of order, will our our system of planning, on local government and time be reduced by the amount of time the Mini- on the communities of Dublin. Corrupt poli- ster has used of our time? ticians, landowners, developers and their inter- mediaries must share the blame for the disgrace- An Leas-Cheann Comhairle: I have called on ful series of events that occurred. This must never the Minister to conclude. be allowed to happen again. Central to the change required is a proposal Mr. O’Dowd: He has taken two minutes of that comes from the Standards in Public Office our time. Commission. In its 2004 report it recommended a whistleblowers’ charter whereby council Mr. Roche: I thought Deputy O’Dowd was employees and councillors who reported illegal, offering me two minutes. I beg his pardon. I see improper, unprofessional or unethical activities no merit in the Green Party motion, just a great would be protected. However, successive Fianna deal of hypocrisy. Fa´il Ministers have ignored this recommendation. The Minister is ignoring the issue also. Where Mr. O’Dowd: I wish to share time with Fianna Fa´il dithers, Fine Gael, in government, Deputies McCormack and Ring. would act. The Fine Gael amendment calls for I will address the key issues in this important one of the most vital anti-corruption tools in the debate. Fine Gael proposes an amendment history of the State to be put in place, whistle- which reads: blowers’ legislation. Faith in government is at the heart of democracy and we will not take a back To delete all words after “Da´il E´ ireann” and seat on issues of transparency and faith in local substitute the following: government but will enact the necessary “— condemns the corruption in planning legislation. matters exposed by the reports of the I wish to address some of the issues with practi- Tribunal of Inquiry into Certain Plan- cal suggestions for what we ought to introduce. I ning Matters and Payments; made these suggestions previously, but will make 1201 Political Donations and Planning: 21 March 2006. Motion 1202 them again. Notwithstanding all the Minister said, taken on planning grounds and that they should he is missing an important opportunity to change avoid the appearance of improperly favouring our local government system. We want him to any person, company, group or locality. They introduce a code of ethics or code of planning should not accept gifts, hospitality, bribes etc. practice to which councillors and officials These are simple fundamental rules that we could throughout the country would sign up. This introduce and I urge the Minister to introduce system would be open and transparent and if any them because this would protect the body politic members of the public felt it was not being fol- and the public and would have due process in the lowed they could make a complaint through the planning area. relevant office dealing with the code or standards. A key point of the British code deals with an This system could be set up immediately. Despite issue at the heart of the planning problem. It all the pious talk on the issue, we will have recommends that all elected members should pay nothing if we do not act now. Land rezonings particular attention to the professional advice and around the country create millions in profit for recommendations of officers. Councillors should some people and the matter must be addressed. I not be bound to follow officers’ advice or recom- accept that the tribunals have a significant part to mendations, but they should only depart from the play in how we deal with this issue, but this does advice or recommendations when they have good not mean we should stand idly by as the Govern- reason to do so, based on clear and legitimate ment has done by refusing to face this reality planning grounds. head on. The current situation here does not insist on British county councils have adopted a code of these protocols. We should introduce this code. I practice that we could follow. When councillors do not see why the Minister cannot do so after are making decisions they are under a lot of consultation with all the parties in the House. pressure from the community. We need to ensure One of the proposals made by the Labour Party that when a decision is made, the common good was that we should get together on this. Let us of the community is the sole consideration at the put forward the proposal and see how we can time of the decision. To ensure this, we should bring about change. A core Fine Gael belief is protect our councillors and provide them with the that we must ensure the public has total confi- same guidelines as provided for British council- dence in the planning process. I know the Mini- lors. They should not make statements in advance ster believes the same so let us do it. of a meeting on how they will vote on a contro- I welcome the condemnation of corruption versial planning matter, they should not take up from all sides of the House but I am sick to the a campaigning role for or against an application, teeth of Sinn Fe´in lecturing me on corruption they should not act as an advocate for groups when they, or their associates, are the very people opposed to or supporting the application and they who have robbed banks left, right and centre should not take part in prior consideration of the throughout this country, most recently the application through membership of organisations Northern Bank. I accept and acknowledge—— such as residents’ groups, lobby groups or civic societies which are consulted on the application. Aengus O´ Snodaigh: Deputy O’Dowd’s party This does not mean that councillors should has been robbing the people for years. remain silent about an application or should not listen to or meet developers or other groups. Mr. O’Dowd: ——that they have changed but Councillors are entitled to express a legitimate I will not be lectured by them. concern about an application when approached by constituents. Care must be taken and council- Aengus O´ Snodaigh: The Deputy does not lors should not approach a decision with a closed have to be. He just has to listen. mind. A key point is that councillors must act in a quasi-judicial fashion. They must act indepen- Mr. O’Dowd: They can call me whatever dently and as if they are judging all the evidence names they like. Sticks and stones will break my in each case. At the heart of the corruption in bones but names will never hurt me. They should Irish life is the absence of such a code of ethics not put themselves on the high horse of honesty or guidelines which would reinforce and ensure and integrity—— councillors would always act with due process and without prior commitments. Aengus O´ Snodaigh: That applies to the A further section of the British code of conduct Deputy himself. is important. It suggests that in personal dealings with applicants councillors should be mindful of Mr. O’Dowd: They have been involved in the need to avoid giving a firm commitment to crime for too many years. support or oppose the application. They should bear in mind that their overriding duty is to the Aengus O´ Snodaigh: The Deputy should look whole community and not just to the people in at his own party. It came from a fascist their ward, that planning decisions need to be organisation. 1203 Political Donations and Planning: 21 March 2006. Motion 1204

Mr. McCormack: I welcome the opportunity to village which it is proposed will be zoned residen- speak in this debate—— tial. There are meetings with community councils, residents’ associations, the public and lobby Mr. O’Dowd: My party never killed groups to which all elected representatives are anybody—— invited and which, particularly during an election year, all attend. Councillors will be lobbied. Sub- Aengus O´ Snodaigh: It never killed anybody? missions will be presented to have the land zoned as an open space, for example. Councillors then Mr. Ferris: What about Countess Bridge where have a decision to make. If the land is zoned resi- you strapped men to mines and blew them to dential, it would probably be worth, in terms of bits? land in Galway, approximately \16 million to the land owner. If the land is zoned for open space, Mr. O’Dowd: ——or buried people in it would be worth about \3 million or \4 million. unmarked graves, like they did in my con- The difference could be as much as \14 million stituency. and that is an enormous responsibility for elected members to bear. Perhaps there is a better way Mr. McCormack: I am sorry the Minister was to adopt development plans than the method tempted to depart from his script at the beginning used heretofore. of this debate because we would have had a more I understand from councillors on the city and constructive and productive discussion if we did county councils now that the lobbying has not have such crossfire happening. However, that become even stronger than before. Councillors is done now. are under severe pressure. They are also lobbied I welcome the opportunity to speak on this by those who wish to have their land zoned as motion, which is principally about the function of residential land in the draft development plan. elected members with regard to planning. Elected When the matter of open spaces is being decided, members have two rights or responsibilities in planners use maps and outline where they should this regard. They have the duty to adopt, every be located. They should consider, where several five years, a county or city development plan. landowners have adjoining lands on the outskirts They also have the right, written into legislation, of towns or cities, the option of zoning part of to implement what are known as section fours each landowner’s land as open space rather than and, sometimes, material contraventions, of the designating all of one parcel of land as residential plan. This is very dicey ground. Section fours or and the other as open space. That might solve material contraventions of the plan should only be entered into in extreme circumstances. That many of the problems that arise and would make said, there are cases where a section four is neces- it easier for councillors to make a decision on sary because sometimes planners do not get it the matter. right. The Planning and Development Act 2000 con- I was a member of two local authorities, a tained a provision requiring developers to devote county council and a city council, for many years. 20% of their developments to social and afford- I was involved in the adoption of at least four able housing. In 2002, that Act was amended to county development plans and three city develop- allow developers to give land, money, some ment plans and am aware of the pressure exerted houses or some of each instead. They were not on councillors when a development plan is being even required to give land in the area being adopted. Working as a councillor was relatively developed but could give land from any part of easy when I started in 1974. It was left to the the local authority area. For example, around councillors and officials to adopt the plan. Galway city in the areas of Castlegar, Oranmore However, as time went by, and especially in and Moycullen, land is very valuable so the devel- recent times, lobbying became much more severe opers offered the local authorities land in Glena- and demanding. No matter who came to me with maddy, Tuam and other places, where land is not recommendations for a county or city develop- as valuable. They have succeeded in doing that ment plan, I listened but kept an open mind until because of the Government amendment to the the draft plan was published. Once the draft was 2000 Act. The Government simply caved in to the published, people were entitled to make their demands of the developers, some of whom they submissions but I still kept an open mind until I meet annually in Galway at a famous sporting had read the manager’s report. Only then did the event. council collectively make a decision on adopting I call on the Minister, Deputy Roche, who I the draft plan or supporting submissions referring think was the Minister in 2002—— to that plan. One could get very strong representations from Mr. Cuffe: It was Deputy Cullen who did that. those on both sides of the argument. For example, a draft development plan is produced. Mr. McCormack: Fair enough, it was Deputy A man has 20 acres on the outskirts of a town or Cullen, but the current Minister has done nothing 1205 Hospitals Building 21 March 2006. Programme 1206 to correct it and I appeal to him to revert to the Mr. Ring: Many powers have been given away. situation pertaining before 2002. The one power that must be reconsidered is zon- ing. Some other process must be put in place Mr. Ring: I am glad to contribute to this where local authority officials and elected council debate. Shame on those who have let down the representatives are both involved. I never name of public representatives in this country. believed I would say that in the House. The time They have done a serious injustice to all the pol- has come for another process for re-zoning land. itical parties. When I see the small amounts of The current system allows for too much temp- money being described on the television and in tation with big money and with the builders hav- the newspapers, to see such fine people being ing an input into political parties. Councillors do destroyed by small donations is a disgrace and is their best and make the best decisions they not good for politics or politicians. believe are correct.

Mr. Gormley: It was real money back then. Debate adjourned.

Mr. Ring: It might have been real money but Adjournment Debate. one’s name and family are worth more than that, as is politics. People have let down the political ———— system, the people who elected them and the community. My name is worth more to me than Hospitals Building Programme. £1,000, £1,500 or whatever the case may be. Mr. Ferris: A community hospital for Tralee I come from a constituency where that problem has been promised since 1999. Since that time, did not exist until this year. In fact, at times we Tralee senior citizens, campaigning for the were looking for developers to build houses, but hospital, have met with three different Ministers, that is no longer the case. Will the Minister, as a all of whom have given their word that the pro- former councillor, review the drafting of develop- ject will go ahead. The last meeting was as ment plans? The officials have all the resources of recently as May with the Ta´naiste and Minister the State at their disposal. They have consultants, for Health and Children, Deputy Harney. Many engineers and others advising them on what is of the senior citizens who initiated the campaign right. When a development plan is being adopted, in the mid-1990s have since passed away. councillors should be able to employ an indepen- Despite the undertakings given by Ministers dent consultant who will advise them separately and the high status of the proposed hospital in from the officials. The officials have their own the Health Service Executive, HSE, capital prog- people and resources but the councillors should ramme, it is feared the project will be further at least be advised by a professional person. delayed. The HSE has informed the campaign of Deputy McCormack is correct about lobbying, unresolved revenue costs implications of the pro- which has never stopped. In fact I had first-hand ject. It is feared this may be used by the HSE as an excuse to abandon or further delay the project. experience recently, even though I am not a Given the ongoing crisis afflicting Tralee member of the council, of lobbying in my area in General Hospital, any further delay in the build- Westport. A parcel of land was zoned as agricul- ing of a community hospital will place further tural and a certain sporting organisation wanted strains and pressures on the provision of health that zoning to be maintained. It wanted to buy care in Kerry. Many in the county are unable to the land and develop it into a sports ground. It access care, particularly in emergencies. was zoned as commercial and was sold for \3.5 Tralee General Hospital is the second largest million last week. That is what rezoning means. \ of the southern region’s seven acute hospitals and A bit of land that was worth possibly 100,000 provides services to County Kerry, as well as a \ as agricultural land was sold for 3.5 million as proportion of people in west Limerick and north commercial land. Cork. Statistics have shown a marked increase in Local authority officials should not have all of demand, yet the hospital is forced to get by with the power in the planning process. There should the same number of medical staff as 20 years ago. be a committee comprising elected representa- Facilities are stretched beyond limit with an tives and planners from the council with an inde- unsustainable nurse to patient ratio. I commend pendent planning officer who will adjudicate on the staff and physicians who are doing fantastic a decision on which he or she believes there will work in spite of these factors. be no agreement. As a former member of a local A full-time consultant cardiologist with neces- authority, I feel we have given away all its sary support services is urgently needed in the powers. area. A long-promised consultant cardiologist was appointed in March 2005 and shared with the Mr. S. Power: There is one power we have not Bon Secours Hospital in Tralee but has since given away yet. resigned. A replacement is being sought but again 1207 Health 21 March 2006. Services 1208

[Mr. Ferris.] comprise two modules of 25 beds each, plus ancil- that consultant will have to be shared with the lary facilities providing continuing care, respite Bon Secours Hospital. County Kerry has the and convalescent care to dependent older people. highest rate of coronary diseases in proportion to The prioritisation of all health capital devel- its population. The 2003 national cardiovascular opments is a matter for the HSE under the strategy report recommended the appointment of Health Act 2004. The capital plan has been a full-time cardiologist for the county. The strong approved by the HSE board and was recently support for such a provision was proved by over submitted to the Ta´naiste for consideration. The 30,000 signatures on a petition that a cardiologist plan, which includes the proposed development be appointed. at Tralee Community Hospital, is being con- Tralee General Hospital services a large catch- sidered by the Department of Health and Chil- ment area of north Kerry, parts of west Limerick dren in conjunction with the Department of Fin- and into east Kerry as far as Killarney. However, ance. I expect to be in a position to revert to the it has no public community service for elderly HSE in the near future about the plan. people in need of full-time care. This week, a 72- year-old woman attended my constituency office. Health Services. For the past ten years she has minded her hus- band, who suffered a stroke, at home in north Mr. Crawford: I thank the Ceann Comhairle Kerry. He was recently moved to a community for allowing me the opportunity to raise the hospital in Killarney. If she wanted to visit him, important issue of funding for the Health Service she would have to drive 75 miles on a round trip. Executive, HSE, in the north east. Due to her health and age, she is not in a position The population of counties Cavan, Monaghan, to do so. Instead, she is dependent on family Louth and Meath, in what was then the north- members and neighbours to take her to visit the eastern health board region, has increased more husband with whom she has shared 40 years of than in any other region between 1971 and 2002. her life. The most recent figures available show that This is the situation across north Kerry where between 1996 and 2002 there was an increase of there is no facility for elderly people in need of 12.7% as against an 8% rise in the overall popu- full-time care. Anyone in that situation will find lation. From 1971 to 2002 the population themselves located to St. Columbanus’s Hospital increased from 250,000 to almost 345,000 in the in Killarney. People living as far away as Tarbert north-east region and that trend has continued at must drive to Killarney to visit their loved ones. a significant rate to date. It is an intolerable situation. I appeal to the Mini- Unfortunately funding for health services in ster of State at the Department of Health and the north east, even this year under the new HSE, Children, Deputy Sea´n Power, to make the fund- has not taken into account the massive popu- ing available for a community hospital to be built lation increase. The most dramatic increase is in In Tralee to allow elderly people live their lives the 25 to 44 year age group. There is also a mass- in dignity and security. ive increase in the number of persons aged 65 years and over, many whom have to be dealt with Minister of State at the Department of Health by the HSE through home help or home care and and Children (Mr. S. Power): It is the policy of nursing home structures with the support of sub- the Department of Health and Children to main- vention. The demand for the services provided by tain older people in dignity and independence at the HSE continues but unfortunately funding home in accordance with their wishes, and at the does not match. Funding is based on the funds same time to provide high quality residential care supplied when the health boards were established for older people when living at home is no in 1971. It was not adjusted to take account of longer possible. the massive increases in population in the region. The Government’s commitment to the Having raised the issue before, I appreciate argu- development of a comprehensive range of ments will be made that the north east benefits services for older people has been demonstrated from the services provided by hospitals in the by the significantly increased resources made Dublin region. However, the same can be argued available in recent years. From 1997 to 2005 regarding the midlands, the west or any other inclusive, additional spending on services for region. older people is in excess of \302 million. In the My problem and that of the people I represent budget package announced for 2006, additional is that we find out the services available in other revenue funding of \150 million in full year costs areas are completely different. For instance, only was allocated, that is \110 million in 2006 and a recently I came across a seriously handicapped further \40 million in 2007, for services for older person having to use a wheelchair. She had lived people and palliative care. in Donegal were she was receiving 12 hours home The proposed development in Tralee is a 50- care per week, yet because her husband’s involve- bed unit to be built on a greenfield site located ment brought him to Monaghan she now receives off the Killerisk Road, Tralee. The facility will only two hours. 1209 Health 21 March 2006. Services 1210

In another case I dealt with, a constituent from mal carers. In line with the Government’s con- Cavan-Monaghan was put into full-time care in tinued commitment to community support for the western region to be near some of her family our older people, an additional \33 million was members. However, the owner of the home could allocated in the budget to the home help service not believe the difficulties he had in getting the — \30 million for 2006 and \3 million for 2007. subvention agreed initially and then getting pay- The additional investment will provide 1.75 mil- ment of that subvention from the time the person lion home help hours this year and is being entered the nursing home. He told me that there implemented in a flexible way by the HSE. would not be the same financial pressure in his By its nature, the home help service is a flexible region. service which responds to clients’ needs. As a Another issue of serious concern is the fact that result, therefore, the level of service required in almost 10,000 people in the constituency of individual cases will fluctuate from time to time. Cavan-Monaghan have lost their medical cards To ensure effective prioritisation of the service, since 1997. That figure is out of a population of assessments are undertaken at local sector level 109,000 people with an average income, accord- and carried out in all cases by the Health Service ing to Government statistics, of approximately Executive’s public health nursing services. The \14,500. By comparison, only 8,000 people lost service is targeted at high and medium depen- medical cards in the county and city of Cork, with dency clients in accordance with their assessed a population of 550,000, although the figures sug- needs. The Health Service Executive is respon- gest the average income there is around \16,000. sible for the implementation of the home help Out of a national population of 4 million, service on a national basis. The HSE has advised 100,000 medical cards were lost. This clearly the Department that it is currently implementing shows a totally unacceptable and uneven distri- the national rollout of the additional \30 million bution of access to free medical care, with Cavan- allocated to the service for this year. Monaghan at a serious loss. This loss was even In addition, \55 million was also allocated in more clearly highlighted to Oireachtas Members budget 2006 for home care packages. It is planned from Monaghan who, with the deputation from to have an extra 2,000 packages in place by the the VEC, met the Minister for Education and end of 2006, almost trebling of the current Science, Deputy Hanafin. They were advised that service. Home care packages will deliver a wide the only reason Ballybay College in County range of services and in many cases these will also Monaghan was not classified as disadvantaged include an element of home help. was the fact that parents of the children did not In the case of the particular example cited by have medical cards. That means they would have the Deputy, the HSE has indicated to my Depart- to pay for bus services, if such were made avail- ment that it would be happy to review this case able. In addition, they do not benefit from the if requested. free book scheme or the back to school clothing Under the Health Act 2004, the determination allowance. of eligibility for medical cards is the responsibility This is the reason I am not just asking but beg- of the Health Service Executive. Persons aged 70 ging the Minister and the Health Service Execu- and over are automatically eligible for a medical tive to treat the people of the north east on equal card without reference to their means. Assess- terms, like everyone else, for funding. They are ment guidelines, having account of both income not seeking better terms or asking for any advan- and allowable outgoings, are used by the HSE to tage. Wherever they live, elderly persons should assist in the determination of a person’s eligi- have the same services available to them. A low- bility. These guidelines are not statutorily binding income couple with a young family should have and in cases where a person’s income exceeds the the same right to a medical card as those else- guidelines, a medical card may still be awarded if where. I urge the Minister to ensure that a per the HSE considers that his other medical needs capita sum is made available nationally, rather or other circumstances would justify this. than being based some historical and irrelevant Information supplied to my Department by the numbers that bear no relation to the current HSE’s primary care reimbursement service for situation. March 2006 indicates that there are 1,168,273 per- sons covered for services under the general medi- Mr. S. Power: I thank Deputy Crawford for cal services scheme. This is 23,190 more than the raising this matter on the Adjournment and I comparative figure for January 2005. A further wish to reply on behalf of my colleague, the 10,034 people hold GP visit cards. Ta´naiste and Minister for Health and Children, Funding of \60 million was provided in 2005 to Deputy Harney. the HSE to provide an additional 30,000 tradit- The aim of the home help service is to enable ional medical cards and a further 200,000 persons people, who might otherwise need to be cared for with GP visit cards. Since the beginning of 2005, in residential care, to remain at home where significant improvements have been made to the appropriate. It is recognised that the home help way in which eligibility for medical cards and GP service is an essential support to family and infor- visit cards is assessed. In January 2005, the 1211 Decentralisation 21 March 2006. Programme 1212

[Mr. S. Power.] Being situated in the North-South corridor, income guidelines were increased by 7.5%. In Drogheda was one of the prime locations to be June 2005, the means test for both medical cards considered as part of the decentralisation prog- and GP visit cards was simplified. It is now based ramme. The decision to relocate a significant on an applicant’s and spouse’s income after tax number of public service employees to Drogheda and PRSI, and takes account of reasonable was welcomed. In recent years, the town has been expenses incurred in respect of rent or mortgage one of the most rapidly growing areas on the east payments, child care and travel to work costs. coast and some may say in western Europe. The This is much fairer to applicants. number of housing units built in the town has In October 2005, the income guidelines for grown phenomenally and a significant dormitory both medical cards and GP visit cards were population live in Drogheda and work in Dublin. increased by an additional 20%. This means the That they can live in Drogheda and commute on income guidelines are now approximately 29% a daily basis to Dublin is a tribute to the positive higher than they were at the end of 2004. It will and worthwhile investment in road infrastructure be noted that the income assessment guidelines by way of the M1 from Dublin to the Border. It used for GP visit cards are 25% higher than those illustrates the importance of investment in our used for medical cards. The HSE has publicised road network for the development of towns such these changes to encourage people to apply and as Drogheda in County Louth. has made the application process as simple as People in the public service have significant possible. The HSE has also provided a national and understandable interest in coming to information helpline. My Department and the Drogheda. I am sure it will be much easier for HSE will continue to monitor the number of public servants who live on the north side of cards issued and will examine any further changes Dublin to turn the car northwards towards to ensure the targets of an additional 30,000 Drogheda than to face the traffic problems they medical cards and the provision of 200,000 GP may encounter in going to work in various visit cards are met. Government Departments around the city. Records show that between June 1997 and It goes without saying that people with an March 2006 the number of medical card holders interest in the completion of this project are recorded by the HSE has reduced by approxi- anxious to see the timescale for locating the mately 76,000 — that is, from 1,244,459 to offices in Drogheda and for public servants to 1,168,273. However, these changes may largely be begin to come to the town in greater numbers attributed to the increased number of people in than previously. I look forward to the Minister of employment and the improved economic State’s reply on this subject. situation nationally with people on higher wages. The ongoing management and review of medical Mr. S. Power: I thank Deputy Kirk for raising card databases has also been a factor which has this matter. On behalf of my colleague, the Mini- improved data quality in the HSE’s databases. ster of State at the Department of Finance, Regarding counties Cavan and Monaghan, cur- Deputy Parlon, I wish to reply. The Govern- rent information for March 2006, provided by the ment’s decentralisation programme envisages HSE, shows that there are 35,540 people with that the headquarters of the Department of medical cards compared to 34,752 in March 2005. Social and Family Affairs will be relocated to Thus, over the last year, the number of people Drogheda, County Louth, together with a with medical cards has increased by 788. Further- number of other public service operations, includ- more, including GP visit card holders, there are ing, inter alia, Comhairle, Reach, the social and 1,191 more people in counties Cavan and family affairs appeals office and certain maritime Monaghan who now have free access to GP elements of the Department of Transport. All services under the general medical services told, the total number of posts to be decentralised scheme than this time last year. to Drogheda is approximately 700. These numbers will provide a significant and welcome Decentralisation Programme. economic boost to the town of Drogheda. The Office of Public Works has the task of Mr. Kirk: I thank you, a Leas-Cheann Comh- sourcing suitable property solutions to meet the airle, for the opportunity to raise this issue which requirements of the decentralising Departments is important both to my constituency and the east and agencies throughout the country. The office coast generally. I refer to the decentralisation has made good progress in this regard. To date it plans for Drogheda and south Louth. Some time has completed or significantly advanced property ago, many parts of the country welcomed the acquisition negotiations in 23 of the more than Government’s decision to decentralise significant 50 locations targeted under the decentralisation portions of the public service. People recognised programme. Sites for the balance of the decentra- the significant economic impact that decentralis- lisation locations are also being actively pursued ation would have in the target locations. by the Office of Public Works. 1213 Fire 21 March 2006. Stations 1214

In the case of Drogheda, the Office of Public I compliment and congratulate the station Works has identified a number of centrally officer, Noel Duffy, and his staff for the excellent located sites which meet the criteria of the decen- job they have done over the years on behalf of tralisation implementation group together with Mayo County Council and the people of West- those of those of the relevant decentralising port and surrounding areas. They have been in bodies. These sites are in the ownership of the rented accommodation for a number of years and local authority. Agreement in principle has been it is time the Minister made the announcement reached with the local authority officials for the and provided the necessary funding, which is the sale of these sites to the OPW for decentralis- problem. ation purposes. I believe \4 million has been allocated for the Detailed site investigations and archaeological construction of the station, the cost of which has assessments are under way and are expected to increased to \4.4 million. If that is the problem, I be completed shortly. In tandem with the ongoing ask the Government and the Department to sanc- technical assessments, negotiations on the terms tion the extra \400,000. However, they should and conditions of sale have commenced with the first appoint a contractor and start building as local authority. Subject to satisfactory terms soon as possible. A site has been chosen, planning being agreed and satisfactory outcomes to the permission has been received and everybody is technical assessments, the Office of Public Works ready for the development. hopes to be in a position to complete the pur- During the local elections last year, I thought chase of the selected sites in the near future. The the former Minister for the Environment, Heri- decentralisation implementation group has set tage and Local Government, Deputy Cullen, out indicative timescales for the completion of would dig the foundations and put down the the construction of decentralised offices in the blocks when he was in Westport because “early mover” locations, which include announcements had been made. I thought it was Drogheda. ready for off and that the roof would be on the The indicative timescale for construction com- building before he left the town that evening. pletion in the case of the Department of Social That has not happened. and Family Affairs offices is the first quarter of I hope the Minister of State will have good 2009. For the maritime related bodies, the indica- news for the fire station staff, that the project will tive timescale is the first quarter of 2007. It is be sanctioned, that we will have the tender out important to remember that these timescales are next week and that the operation will be up and indicative. This reflects the fact that many unfore- running as soon as possible. The staff are in seen circumstances could impact on these time- rented accommodation, which costs a small frames. However, the Office of Public Works will fortune. Westport is an expensive town and it continue to strive to ensure that the decentralis- would be better to put the money into a project ation plans for Drogheda are implemented within to get their own building up and running and to the indicative timescales set out by the decentra- give that staff the building they need to provide lisation group. their service. It is not fair that staff work in rented accommodation unsuitable for the job they do. Fire Stations. Everything is in order and I hope the Depart- ment and the Minister will sanction the project Mr. Ring: I wish to raise the situation regarding within the coming days. The tender has gone in the Westport fire station. In 2003, details of the and it is a matter for the Government to select a fire service capital programme were announced, builder, announce that funding has been which included the construction of a new replace- approved and get the project up and running. ment fire station in Westport. Approximately \445,700 was recouped by Mayo County Council Mr. S. Power: I thank Deputy Ring for raising to meet expenditure already incurred in respect this matter. I wish to reply on behalf of the Mini- of the site and fees for the Westport project. On ster for the Environment, Heritage and Local 26 October 2005, the Department authorised Government. The Minister is aware of Deputy Mayo County Council to invite tenders for the Ring’s interest in the provision of a new fire construction. The tenders have come back to the station at Westport and he shares his desire to council and the Department. However, to date an have this project completed as quickly as possible. announcement on the fire station has not been There has been no delay in dealing with this pro- made. posal since the Department approved the con- I wish to outline how serious the situation is tract documents for the project on 26 October in Westport, a town that has almost doubled in 2005. Mayo County Council advertised for population during recent years. It has 12 hotels tenders on 25 November with a closing date of and in the summer months the population trebles. 30 December. Last night, the fire service had to travel as far as Following examination of the tenders by the Leenaun to deal with a serious fire and tonight it county council’s technical advisers, a proposal for has been called out to another fire. the acceptance of a tender was submitted to the 1215 The 21 March 2006. Adjournment 1216

[Mr. S. Power.] is in order a decision will be announced within a Department, where it was received yesterday. couple of weeks. Funding will be available for the This proposal must now be examined in the project as expenditure arises and a sum of Department before a decision can be notified to \445,700 has already been paid to the local auth- the county council. This is likely to be within a ority in respect of site costs and fees. number of weeks unless queries give rise to further correspondence between the Department The Da´il adjourned at 9 p.m. until 10.30 a.m. and the county council. Assuming that everything on Wednesday, 22 March 2006 1217 Questions— 21 March 2006. Written Answers 1218

Written Answers. Government, there is a commitment to ensure accountability of the charities sector and to pro- ———— tect against abuse of charitable status and fraud. That is the commitment on which the Charities The following are questions tabled by Members Regulation Bill will deliver. for written response and the ministerial replies In the two weeks since publication of the received from the Departments [unrevised]. general scheme for the Charities Regulation Bill, the feedback from the charities sector has been Questions Nos. 1 to 8, inclusive, answered favourable. The general scheme has been called orally. “a hugely positive step in the right direction”. A welcome has also been given to our stated inten- Questions Nos. 9 to 58, inclusive, resubmitted. tion that the legal structure of those charities which are companies limited by guarantee under Questions Nos. 59 to 65, inclusive, answered existing company law will not hinder compliance orally. with the new legislation. The Charities Regu- lation Bill will ensure that dual registration and Proposed Legislation. dual filing of annual returns, that is, with both the future charities regulator and the Companies 66. Ms Enright asked the Minister for Com- Registration Office, will be avoided where cor- munity, Rural and Gaeltacht Affairs when the porate charities are concerned. full Charities Bill will be published; the reason he has failed to deal with the legal structures and Fo´ ram na Gaeilge. status of charities under existing laws; his views on whether this may hinder the ability of the 67. D’fhiafraigh Ms O’Sullivan den Aire Gno´ - charity sector to comply with his proposed legis- thaı´ Pobail, Tuaithe agus Gaeltachta cathain a lation; and if he will make a statement on the bheidh an che´ad chruinniu´ eile ag Fo´ ram na matter. [10771/06] Gaeilge, agus an nde´anfaidh se´ ra´iteas ina leith. [10820/06] 75. Ms Enright asked the Minister for Com- munity, Rural and Gaeltacht Affairs when the 89. D’fhiafraigh Dr. Upton den Aire Gno´ thaı´ full Charities Bill will be published; the feedback Pobail, Tuaithe agus Gaeltachta ce´nfa´th gur he has received from the sector regarding the athraigh ro´ l agus fo´ cas Fho´ ram na Gaeilge de re´ir heads of the Bill, which were published recently; a che´ile; agus an nde´anfaidh se´ ra´iteas ina and if he will make a statement on the matter. leith. [10821/06] [10772/06] 119. D’fhiafraigh Mr. Gilmore den Aire Gno´ - 99. Mr. Boyle asked the Minister for Com- thaı´ Pobail, Tuaithe agus Gaeltachta an aon- munity, Rural and Gaeltacht Affairs when it is taı´onn se´ go bhfuil an iomarca daoine ar Fho´ ram intended that the heads of the proposed Charities na Gaeilge; agus an nde´anfaidh se´ ra´iteas ina Bill will be converted into a fully fledged Bill; and leith. [10818/06] when such a Bill will be published and debated in the Houses of the Oireachtas. [10781/06] 120. D’fhiafraigh Mr. Gilmore den Aire Gno´ - thaı´ Pobail, Tuaithe agus Gaeltachta ce´nfa´th Minister of State at the Department of Com- nach dtuigeann cuid mhaith de bhaill Fho´ ram na munity, Rural and Gaeltacht Affairs (Mr. N. Gaeilge ce´nro´ ldı´reach ata´ ag an bhFo´ ram; agus Ahern): I propose to take Questions Nos. 66, 75 an nde´anfaidh se´ ra´iteas ina leith. [10822/06] and 99 together. Two weeks ago, I was pleased to announce 124. D’fhiafraigh Mr. M. Higgins den Aire Government approval of the general scheme for Gno´ thaı´ Pobail, Tuaithe agus Gaeltachta an aon- the Charities Regulation Bill 2006 and its publi- taı´onn se´ go bhfuil an momentum caillte ag cation on my Department’s website, www.pobai- Fo´ ram na Gaeilge, nach bhfuil aon dul chun cinn l.ie. The Government also determined that the de´anta; agus an nde´anfaidh se´ ra´iteas ina leith. general scheme should be sent to the Office of [10819/06] the Attorney General for priority drafting. Deputies will have noted that the general scheme Minister for Community, Rural and Gaeltacht is a large and complex document, comprising 148 Affairs (E´ amon O´ Cuı´v): To´ gfaidh me´ Ceiste- heads and four Schedules. However, I hope that anna Uimh. 67, 89, 119, 120 agus 124 le che´ile. priority drafting should facilitate publication of D’fho´ gair me´ ar 30 Nollaig 2005 go raibh an the Charities Regulation Bill during 2006. Coiste Comhairleach a bhunaigh me´ i 2002 chun The matter of legal structures for charities does comhairle a chur orm maidir le tuarasca´il Choimi- not constitute the purpose of the future Charities siu´ n na Gaeltachta nasctha le Fo´ ram na Gaeilge, Regulation Bill, which is to regulate the charities a bunaı´odhimı´ Iu´ il 2004. Mar gheall ar go bhfuil sector for the first time since the foundation of forbairt na Gaeilge agus na Gaeltachta fite fuaite the State. Under An Agreed Programme for agus go raibh como´ ntacht shuntasach ann i 1219 Questions— 21 March 2006. Written Answers 1220

´ ´ [Eamon O Cuı´v.] National Drugs Strategy. gcomhdhe´anamh an fho´ raim agus an choiste faoi 69. Mr. O’Shea asked the Minister for Com- seach, rinneadh an cinneadh ag cruinniu´ den fho´ - munity, Rural and Gaeltacht Affairs if he will ramimı´ Aibrea´in 2005 go nde´anfaı´ an da´ ghru´ pa undertake major initiatives to combat the crisis a nascadh le che´ile. Nı´l amhras ar bith orm ach surrounding the use and abuse of illegal drugs; go gcuirfidh an beart seo go mo´ rlehe´ifeacht an and if he will make a statement on the matter. fho´ raim trı´ che´ile nuair a smaoinı´tear ach go ha´ir- [10792/06] ithe go mbeidh ionadaı´ocht ag na pa´irtithe leasmhara cuı´ air, sa chomhthe´acs na´isiu´ nta agus Gaeltachta araon. Cuideoidh se´ seo, i mo thuai- 94. Mr. Durkan asked the Minister for Com- rim, le comhordu´ , comhoibriu´ agus comhpha´ir- munity, Rural and Gaeltacht Affairs if he will tı´ocht nı´os fearr a chothu´ i measc na bpa´irtithe increase the amount available through his faoi leith ata´ pa´irteach san fho´ ram. Department to community based groups Bhı´ ple´ go dtı´ seo ag an bhfo´ ram, i measc a´bh- attempting to combat drug abuse; and if he will air eile, ar inmholtacht plean straite´iseach 20 make a statement on the matter. [10778/06] bliain don Ghaeilge. Mar ata´ mı´nithe agam don Teach cheana fe´in mar fhreagra ar cheisteanna Minister of State at the Department of Com- eile faoin a´bhar seo, ta´ an tsaincheist maidir lena munity, Rural and Gaeltacht Affairs (Mr. N. tha´bhachtaı´ is a bheadh ra´iteas soile´ir o´ n Rialtas Ahern): I propose to take Questions Nos. 69 and i nda´il le ro´ l agus ta´bhacht na Gaeilge tar e´is 94 together. teacht chun cinn mar a´bhar tosaı´ochta sa My Department has overall responsibility for chomhthe´acs sin. Ta´ bailchrı´och a´ chur faoi la´th- co-ordinating the implementation of the national air ar cha´ipe´is chun na crı´che sin, a chuirfear os drugs strategy 2001-08. This incorporates the comhair an fho´ raim ag an gce´ad chruinniu´ eile. work of the local and regional drugs task forces Ta´ su´ il agam nach fada go dtiono´ lfar cruinniu´ da´ and the young people’s facilities and services leithe´id. fund. Through these initiatives a broad range of community and voluntary groups are funded to tackle drug misuse. Dormant Accounts Fund. To date, approximately \125 million has been 68. Mr. English asked the Minister for Com- allocated to implement in the region of 440 pro- munity, Rural and Gaeltacht Affairs the reason jects under two rounds of local drug task force, he does not support allowing emigrant groups LDTF plans; approximately \99 million has been representing Irish born citizens living overseas to allocated under the young people’s facilities and apply for funding under the dormant account services fund to support in the region of 450 funds scheme; if he will reconsider his position; initiatives; a further \13.66 million has been allo- and if he will make a statement on the matter. cated to projects under the LDTF premises [10763/06] initiative which is designed to meet the accommo- dation needs of community based drugs projects. Minister of State at the Department of Com- Expenditure on the implementation of the new munity, Rural and Gaeltacht Affairs (Mr. N. action plans of the regional drugs task forces, Ahern): I dealt with this issue comprehensively which cover all areas not covered by a local drugs during Priority Questions. The Government is task force, commenced in 2005 and allocations fully committed to providing supports to vulner- totalling almost \5 million have been made to able Irish communities living abroad. This com- facilitate getting a range of projects up and run- mitment is clearly demonstrated by the allocation ning in the regions this year. Furthermore, fund- of significant funding directly from the ing of the regional drugs task forces will be Exchequer to support emigrant organisations. increased incrementally over a number of years The figure in 2006 comes to over \12 million. until full implementation of their plans is With regard to the dormant accounts fund, the achieved. Deputy will be aware that disbursements are A sum of \43 million has been allocated in my designed to assist three broad categories of per- Department’s Vote for the drugs initiative/young sons: those who are economically or socially people’s facilities and services fund in 2006. This disadvantaged, those who are educationally represents an increase of 37% on the original disadvantaged and persons with a disability. In 2005 allocation and a massive 61% increase on light of the significant funding for emigrant the 2004 figure. It will allow us to consolidate and organisations as outlined above, it is my intention build on previous investment and continue to that allocations from dormant accounts in 2006 tackle the drug problem in a comprehensive way. will remain focused on tackling disadvantage in All of the projects and programmes funded Ireland. In this regard, the Deputy will be aware through the national drugs strategy have been that following Government approval, I devised through a partnership process involving announced details on 4 January 2006 concerning consultation and discussion with the relevant the allocation of \24 million for the purpose of Departments and agencies as well as the com- supporting programmes and projects tackling munity and voluntary sectors. I am satisfied that economic and social disadvantage. the range of activities and initiatives currently 1221 Questions— 21 March 2006. Written Answers 1222 being funded represents a comprehensive from a labour market training scheme to a approach to tackling the problems of drugs scheme which supports essential community misuse. services. In addition, disbursements of dormant accounts have a particular emphasis on disability. Departmental Programmes. The Dormant Accounts Fund Disbursements Board approved 109 projects under the heading 70. Ms Burton asked the Minister for Com- of disability, totalling almost \18.4 million. munity, Rural and Gaeltacht Affairs his views on the establishment of a community development unit for older people within his Department; and Rural Development. if he will make a statement on the matter. 72. Mr. Howlin asked the Minister for Com- [10809/06] munity, Rural and Gaeltacht Affairs the progress that has been made to date in regard to the imple- Minister of State at the Department of Com- mentation of the future vision and policy agenda munity, Rural and Gaeltacht Affairs (Mr. N. contained in Ensure the Future — A Strategy for Ahern): I have no plans at present to establish Rural Development in Ireland; and if he will a community development unit for older people. make a statement on the matter. [10811/06] Older people benefit under a number of my Department’s programmes and schemes, includ- Minister for Community, Rural and Gaeltacht ing the local development social inclusion prog- Affairs (E´ amon O´ Cuı´v): The strategic goal of my ramme, the scheme of community supports for Department in rural development is to promote older people and the community development and maintain living and working populations in programme. This is in addition to the supports for rural areas by helping to foster sustainable and older people provided by the Government across culturally vibrant communities. The White Paper a range of Departments. on Rural Development defines Government A number of groups focusing on the needs of policy in this regard and provides a context for older people also receive funding from my realising these goals. Department, including the Federation of Active Retirement Association, the Older Women’s Net- In view of the time that has elapsed since the work and the Senior Citizen’s Parliament. I do publication of the White Paper, Brendan Kearney not believe that the establishment of a dedicated and Associates were engaged in June 2005 to pre- community development unit for older people pare a Background Report on Changes In factors would necessarily improve service to this Affecting Rural Development since the Publi- important group. Indeed, the focus at the cation of the White Paper on Rural Development moment is on promoting linkages, cohesion and 1999. A copy of this report has been forwarded sharing resources between existing local and com- to the Deputy for his information. munity agencies to improve service delivery At present, my Department together with the generally. Department of Agriculture and Food are jointly engaged in the preparation of a national strategy Services for People with Disabilities. for rural development for 2007-13 as required by the new European Council regulation on rural 71. Mr. Gogarty asked the Minister for Com- development. A detailed national programme/s munity, Rural and Gaeltacht Affairs the assist- will be prepared following completion of the ance that will be available from his Department national strategy. This will be submitted to the for the newly established national advisory group European Commission with a view to its agree- on independent living. [10788/06] ment by the end of 2006 to enable commence- ment of the new programme/s in January 2007. Minister for Community, Rural and Gaeltacht The report prepared by Brendan Kearney and ´ ´ Affairs (Eamon O Cuı´v): My Department does Associates will be used in this context. not have primary responsibility for supporting the disabled. However, as I have recently indicated, 73. Mr. Gormley asked the Minister for Com- an additional \5 million has been allocated to the community services programme in 2006 to fund munity, Rural and Gaeltacht Affairs his views on new projects. It is my intention to expressly his recent speech to the annual general meeting include services for people with disabilities in the of the Irish Farmhouse Holidays organisation. eligibility criteria for new project funding. My [10787/06] Department is engaged in discussions with the Federation of People with Disability and with the 78. Mr. Howlin asked the Minister for Com- Department of Health and Children to determine munity, Rural and Gaeltacht Affairs if he is pro- how best to complement existing services. posing to introduce a system whereby farmers are Responsibility for the social economy prog- compensated for allowing hill walkers to cross ramme transferred to my Department on 1 their land; if he has received representations from January 2006. It has been renamed the “commun- farmers or farming organisations on this issue; ity services programme” to reflect the fact that I and if he will make a statement on the matter. intend to change the nature of the programme [10796/06] 1223 Questions— 21 March 2006. Written Answers 1224

91. Ms Burton asked the Minister for Com- and on my Department’s website at munity, Rural and Gaeltacht Affairs if he will www.pobail.ie. expand on recent comments he made regarding Comhairle na Tuaithe is currently working on access to land for rural walkers; the way in which the development of a national countryside he proposes to deal with the issue of farmers recreation strategy. The first phase in the refusing access to their land to hill walkers; if he development of the strategy involved consul- proposes to issue guidelines on the issue of hill tation with interested parties. In this regard, it walking; and if he will make a statement on the invited submissions from interested individuals matter. [10795/06] and groups. The three main farming organis- ations, that is, the IFA, the ICMSA and the Minister for Community, Rural and Gaeltacht ICSA, made submissions to Comhairle na Tuai- Affairs (E´ amon O´ Cuı´v): I propose to take Ques- the following the call and each of the organis- tions Nos. 73, 78 and 91 together. ations listed has a representative on Comhairle I refer the Deputies to my answer to Question na Tuaithe and is actively involved in the No. 116 on 8 February 2006 where I made my development the strategy. I have also met with views on issues of access to the countryside clear. representatives of the farming organisations to On that occasion and in my speech to the Irish discuss their views on the matter of access to the Farmhouse Holidays Association I stated that a countryside in particular and countryside local community based approach is the way for- recreation in general. ward where issues of access to the countryside I look forward to receiving the draft strategy arise. Where it is not possible to reach agreement, from Comhairle na Tuaithe following its con- in a particular location, alternative routes should sideration of the issues arising. I will, of course, be explored and developed so that landowners’ carefully consider any proposals which Comhairle rights over access to their lands are not interfered na Tuaithe makes regarding countryside with. In addition, I must again restate my view recreation which will help inform policy decision that any proposal for direct Exchequer payment in the wider rural development domain. for access would not be acceptable. The issue of access to land and the develop- Dormant Accounts Fund. ment of walkways is one that can only be solved 74. Mr. Penrose asked the Minister for Com- by the active participation and support not just of munity, Rural and Gaeltacht Affairs the amount farmers and recreational users of the countryside that has been paid from the dormant accounts but also the wider rural community, who stand fund since January 2006; the projects that have to benefit a great deal from the development of received money from the fund since that date; if activity based rural tourism, including walking. further allocations are to be made in 2006; and if For many years in rural Ireland, communities he will make a statement on the matter. have adapted and used their heritage, music and [10800/06] archaeology to promote their areas to tourists. I firmly believe, however, that the area of activity Minister of State at the Department of Com- based holidays is important but has so far been munity, Rural and Gaeltacht Affairs (Mr. N. left relatively underdeveloped in rural Ireland. Ahern): Decisions on the disbursements of funds The issue of access to land is fundamental to from dormant accounts under the initial round of this question and it was in this context that, in funding were a matter for the Dormant Accounts February 2004, I established Comhairle na Tuai- Fund Disbursements Board, an independent the to address the three priority issues of access body established under the Dormant Accounts to the countryside, developing a countryside code Acts. Under this round, the board approved 521 and developing a countryside recreation strategy. projects for funding totalling over \60 million. Comhairle na Tuaithe comprises representatives While to date approximately \13 million of this of the farming organisations, recreational users of amount has been drawn down by successful appli- the countryside and State bodies with an interest cants, the amount drawn down from 1 January in the countryside. It has approached its work in 2006 was over \2.5 million. Full details of these a spirit of co-operation and through working draw downs, including the names of the relevant groups, which progress components of these aims. organisations and the amounts involved, are in Comhairle na Tuaithe has identified and Table 1. reviewed a set of access parameters in the The Dormant Accounts (Amendment) Act countryside, which it believes will serve as a basis 2005 provided for significant changes in decision for conflict prevention and integrate a variety of making on disbursements from dormant needs and responsibilities. It has also agreed the accounts. Following the commencement of the key features necessary for countryside code Act on 1 September 2005, the Government now development, with a focus on the potential appli- makes decisions on disbursements in line with the cation of the internationally recognised Leave No process set out in the legislation. In this regard, Trace Initiative. Details of the access parameters the Deputy will be aware that the Government and the countryside code are available in a book- approved the allocation of a further \60 million let, which I launched in September of last year from the fund in 2006. A breakdown of this figure 1225 Questions— 21 March 2006. Written Answers 1226 shows that \24 million will be allocated towards Details of the announcement are available on the projects tackling economic and social disadvan- website of my Department at www.pobail.ie and tage, \18 million towards projects tackling edu- are in Table 2. cational disadvantage and \18 million towards With regard to the other two categories, edu- projects assisting persons with a disability. cational disadvantage and persons with a dis- ability, the consultation process required under After consulting the appropriate Ministers and the legislation has now been completed. Pro- having obtained the approval of Government, I posals which provide for funding of \18 million announced details on 4 January 2006 concerning under each of these categories are in the process the allocation of \24 million for the purpose of of being submitted to the Minister and will be supporting programmes and types of projects brought to Government very shortly for tackling social and economic disadvantage. approval.

Table 1

Details of amounts paid from Dormant Accounts Fund between 1 January 2006 and 13 March 2006

Name of Group Amount Paid

\

Avondhu Development Group 9,338.00 RosEqual Ltd 21,067.00 St. Brendan’s The Glen Senior Citizens 10,000.00 Cork YMCA Ltd 8,182.00 Community Addiction Programme 14,975.00 Waterford LEDC Ltd 102,720.00 Cahir Development Association 21,000.00 North & West Connemara Rural Project 32,277.00 Loreto Centre 8,463.00 Avondhu Development Group 5,467.00 St. Teresa’s Football Club 5,000.00 Vita House Family Centre 19,256.00 Adrigole Family Resource Centre 720.00 Castlecomer Community Project 35,402.00 Kerry Adolescent Counselling Services 5,180.00 Aspire Asperger Syndrome Association 3,700.00 Bray Adult Learning Centre 20,810.00 Crosscare Aftercare Support Unit 24,708.00 Ability Enterprises 1,590.00 The Intercom Initiative 11,200.00 Cheshire Ireland 50,000.00 St. Paul’s Youth Club 25,000.00 Dochas Family Centre 20,000.00 Duniry Community Pitch & Putt Dev. Cmtte. 9,080.00 Threshold Ltd. 58,918.00 Franciscan Social Justice Initiative 15,780.00 Scouting Ireland 6,149.00 Second Chance Education for Women 19,835.00 Ballinasloe Community Resources Ltd. 15,900.00 Aware 31,935.00 Tralee Town Council 52,500.00 The Web Project 4,800.00 Mulhuddart Lifestart 11,220.00 Glengarrif Playground Development Group 5,855.00 Inishowen Partnership 10,027.00 Waterford Area Partnership 14,799.00 Camphill Communities of Ireland 35,000.00 Roscommon Enter Initiative 31,485.00 1227 Questions— 21 March 2006. Written Answers 1228

[Mr. N. Ahern.]

Name of Group Amount Paid

\ Hope House 40,000.00 Foxford Sports & Leisure 62,873.00 Donegal Youth Services 14,603.00 DCU Educational Trust 19,167.00 Sligo Northside Partnership 26,089.00 Community Womens Education Initiative 8,242.00 Duneske Leisure Ltd. 31,347.00 St. Mary’s Community Adult Education Committee 22,604.00 Killinarden Drug Primary Prevention Group 8,184.00 Merchants Quay Project 28,004.00 Barnardos — Carlow 9,389.00 Ballyfermot Travellers Action Project 9,040.00 Clondalkin Community Health Initiative 26,695.00 Mary Queen of Angels 50,995.00 Ballypheane/Togher CDP 19,930.00 Leitrim Gaels 36,700.00 Millennium Holiday Homes Project 8,750.00 Knockanrawley FRC 19,116.00 Dublin Simon Community 26,358.00 West Cork Support Group 14,561.00 Smashing Times Theatre Co. Ltd. 23,962.00 West Tallaght Resource Centre 18,845.00 Brothers Of Charity National Secretariat 36,740.00 Rahoon Family Centre 2,438.00 Order of Malta Ambulance Corps 143,046.00 Duhallow Carers Network 855.00 Vantastic 129,420.00 After Care Recovery Group 14,326.00 Loughboy Area Resource Centre 14,001.00 Kilrush Family Resource Centre 5,461.00 County Leitrim Partnership 15,752.00 County Wexford Community Workshop 34,500.00 Walkinstown Association 25,000.00 Comhla´mh 3,950.00 Collinstown Park School Completion Programme 39,090.00 Faranree FRC 9,923.00 Kilcannon Industries Ltd. 114,833.00 Easi Cab Travel Club 10,803.00 Little Bray FRC 10,286.00 Little Bray FRC 10,629.00 Ballymun Job Centre 17,480.00 The Common Ground 6,511.00 Sligo County Council 19,417.00 South West Mayo Development Company 12,500.00 Galway Refugee Support Group 13,408.00 Samaritans 14,024.00 CANDO 6,000.00 Ferns Diocesan Youth Service 16,667.00 Cherry Orchard Equine Centre 35,347.00 Walkinstown Association 7,767.00 Pathways Through Education 31,504.00 1229 Questions— 21 March 2006. Written Answers 1230

Name of Group Amount Paid

\ Catherine McAuley Centre 9,534.00 Cahir Development Association Ltd. 21,000.00 Kilbarrack Community Development Project 4,500.00 Clondalkin Partnership — Local Employment Services 8,225.00 Churchfield Community Trust 51,756.00 L’Arche Community 32,571.00 Migrane Association of Ireland 6,850.00 Traveller Visibility Group 930.00 An Sı´ol 34,200.00 St. Peter the Apostle 4,095.00 B.A.N.D. — Borrisokane 7,059.00 Disability Federation of Ireland 20,473.00 Drumcollogher & District Respite Centre 21,167.00 Adrigole Family Resource Centre 6,480.00 Carrick On Shannon Active Age Group 588.00 Swinford National School 3,372.00 Bedford Row Family Project 13,616.00 Waterford LEDC 147,319.00 Waterford Befriending Project 7,434.00 Drogheda Northside Community Partnership 8,283.00

Total 2,505,927.00 1231 Questions— 21 March 2006. Written Answers 1232 to unding stream ic funding stream that funding for priority projects is front-loaded in 2006 Grant scheme does notany include element of capitalfor funding equipment provided for personal equipment voluntary groups supporting older people Table 2 Programmes and Types of Projects Recommended by Social & Economic Disadvantage Committee information technology with a particular focus on earlyleavers. school grants for youth groupsparticular with focus a on disadvantaged and marginal groups. purpose of supporting priorityprojects within RAPID areas. areas. for RAPID areas will ensure available to disadvantaged children and disadvantaged young people. services including transport and mobility. Funding ring-fenced for the Strand 1 and Strand 2 RAPID RAPID AITs invited to apply Yes. The ring-fencing of funding Programme Heading Programme Description Target Group / Area Application Process Additionality Demonstrated 11.5 million 7.5 million \ young people. young people to adapt to groups active in this area for this measure. traditional appeal to youthdisadvantaged in areas (e.g. boxing; halls etc. not essential funded equipment under / hire of areas. Capital Programme not access to recreational &development personal opportunities fordisadvantaged young people. recreational pursuits and personal development activities which are not normally wrestling; disadvantaged martial young arts; people. weight-liftingetc.). Sports Capital Programme. companies provide such services \ Additionality under RAPID Specific Priority Measures: Programme. assist older people livinghomes in and their in own the community. care services for older people such as groups improved supporting access older to people. in this area for local community and 1. 2. Youth Disadvantage Initiatives — Supports for youth groups.— Supports Once-off to small provide scale enhanced equipment Young people. Grants to fund participation in— Supports for Disadvantaged sports children which and have Grants to fund— purchase of IT Invitation initiatives Public to for invitation Partnership disadvantaged to youth groups Yes. Existing Local Young Projects Youth people supporting Club in disadvantaged disadvantagedOlder People Yes. Disadvantaged Initiatives No young specific people. fundingEnhanced stream interventions and supports to Invitation to specified Supports sports for community based Targeted public invitation to Local Yes. Community Funding and under voluntary Sports Yes. No specific f Public invitation to groups active Yes. No specif 1233 Questions— 21 March 2006. Written Answers 1234 mto ing stream tive is to encourage status or granted leaveremain to in the State. prevention with a particularfocus on ·supports tocommunity strengthen based suicide prevention; ·young men under 35. this area. and voluntary groups active in provide funding for community groups. counselling for prisoners /prisoners. ex-responses addressing problemsassociated with alcohol groups misuse. active in this area for such services. interventions for which fundingfrom private/philanthropic orcommunity sources can be levered. and voluntary groups active in this area. provide funding for such philanthropic or community sources for innovative projects services. private, philanthropic or community sources. supports for prisoners /prisoners. ex- groups active in this area for such services. Projects providing employment Prisoners / ex-prisoners. Targeted public invitation to Yes. No specific funding stream Programme Heading Programme Description Target Group / Area Application Process Additionality Demonstrated 5 million immigrants. who have been granted refugee companies. stream for such services. \ Flagship Projects Jointly Funded: of social and economicdisadvantage. matters of major public concern disadvantaged. and/or headline policy have substantial guaranteed innovative projects which can funding from private, lever significant funding from Social Disadvantage Measures: Supports for offenders / ex-offenders. Projects providing addiction— Prisoners Supports / for ex-prisoners. vulnerable— Suicide prevention. Targeted Supports public for invitation immigrant to families Immigrant families.— Yes. No Projects specific tackling fund alcohol misuse. Measures tackling suicide Supports3. for community basedInnovative At At Public initiatives risk risk invitation addressing individuals. individuals. to issues Partnership Innovative initiatives addressing Yes. No specific targeted funding Socially and economically Public Public invitation invitation to to community community Public invitation to groups Yes. who Yes. No No specific specific funding funding stream strea to Yes. Objec 1235 Questions— 21 March 2006. Written Answers 1236

Question No. 75 answered with Question pean countries where similar comprehensive No. 66. population surveys were undertaken. It is intended that a second comprehensive drug prevalence study will be carried out from National Drugs Strategy. late 2006 to mid-2007. Preliminary analysis will be done in the months following that, with a first 76. Mr. Bruton asked the Minister for Com- report of national prevalence figures and trends munity, Rural and Gaeltacht Affairs if he is satis- expected late in 2007. At that stage we will be fied that the response by his Department to the much better placed to measure effectively huge increase in the use of cocaine is adequate; changes in the level of cocaine use in Ireland. and if he will make a statement on the matter. I am confident that through the implemen- [10766/06] tation of the actions in the national drugs strategy and the projects and initiatives operated through 80. Mr. Crowe asked the Minister for Com- the local and regional drugs task forces, the prob- munity, Rural and Gaeltacht Affairs his views on lem of cocaine use can be addressed. Each of the whether cocaine abuse is spiralling out of control; drugs task forces has in place an action plan to his further views on the need for a more coherent tackle drug use in their area based on their own policy on tackling the rapid increase in the rise of identified priorities and they continue to have cocaine use across the Twenty-six Counties; and ongoing contact with their local communities. if so, the measures which have been devised to There is no substitution treatment drug for tackle this epidemic. [10773/06] cocaine and existing services, such as counselling and behavioural therapy, are the best treatments 93. Mr. Penrose asked the Minister for Com- available. In this context, the Health Service munity, Rural and Gaeltacht Affairs if he has had Executive has recruited additional counsellors discussions with the Department of Health and and outreach workers in recent years. Further- Children in regard to the anticipated increase in more, in 2005 I launched four pilot cocaine treat- cocaine users presenting for treatment; and if he ment projects to examine different methods of will make a statement on the matter. [10814/06] treatment for cocaine use, as well as a training initiative focusing on frontline workers. Funding 109. Mr. Bruton asked the Minister for Com- of almost \400,000 was provided by me to sup- munity, Rural and Gaeltacht Affairs his views on port these initiatives. The four projects deal with whether the four pilot projects to deal with the the following cohorts of cocaine users: intra- spread of cocaine use here is sufficient to deal venous cocaine users; poly-drug users using with the problem; his further views on introduc- cocaine; problematic intranasal cocaine users; and ing additional measures to tackle this serious problematic female cocaine users. problem; and if he will make a statement on the The evaluation of these pilot projects has com- matter. [10767/06] menced and it is expected that a preliminary report will be available in the coming months. 111. Aengus O´ Snodaigh asked the Minister for The main thrust of the evaluation will be to ana- Community, Rural and Gaeltacht Affairs his lyse, in a systematic manner, what is being views on how serious and prevalent the use of achieved by the projects and to report on the cocaine is throughout the Twenty-six Counties; lessons to be learned as a result. It is hoped that and what he intends to do to combat this worry- the results of this evaluation will aid the formula- ing trend. [10777/06] tion of effective actions aimed at tackling cocaine misuse. If they prove to be effective, I will roll Minister of State at the Department of Com- similar projects out on a national basis, where munity, Rural and Gaeltacht Affairs (Mr. N. necessary. Ahern): I propose to take Questions Nos. 76, 80, All schools now have substance misuse preven- 93, 109 and 111 together. tion programmes. In addition, the national drugs While anecdotal evidence suggests that there awareness campaign focused specifically on has been a growth in the use of cocaine, we are cocaine use in 2004/05. This well received cam- not in a position to quantify the level of any paign sought to dispel the image that cocaine was increase. The 2002-03 national drug prevalence a clean and safe drug with few detrimental con- survey provides comprehensive baseline infor- sequences. Moreover, I have established a mation on cocaine use in this country. This study, rehabilitation working group to examine the cur- which surveyed 8,442 people aged 15-64 in rent provision of services for drug misusers, Ireland and Northern Ireland between October including those who abuse cocaine. This group 2002 and April 2003, reported that 3% of the includes representatives from a range of Depart- population had used cocaine at some time, 1.1% ments and agencies involved in delivering had used it in the previous 12 months and 0.3% rehabilitation services as well as the national had used it in the previous month. I understand drugs strategy team, NDST, the national advisory that these figures put us at roughly average at committee on drugs, NACD, and representatives that time in terms of cocaine use in other Euro- from the community and voluntary sectors. The 1237 Questions— 21 March 2006. Written Answers 1238 report of the working group will be available in All of us who are involved in tackling the prob- the coming months. lems of drugs misuse share the same aims. I am I assure the Deputies that I am in ongoing con- sure that we will continue to address and over- tact with all those involved in the provision of come any issues that arise from time to time so treatment, including the Minister for Health and that we can jointly tackle the misuse of drugs in Children. While the problems of cocaine use must the most effective way possible into the future. not be underestimated, I believe progress is being made and I will continue to respond in a flexible Question No. 78 answered with Question and focused way as the situation evolves. No. 73.

77. Mr. Hogan asked the Minister for Com- Rural Development. munity, Rural and Gaeltacht Affairs the steps he 79. Mr. Kenny asked the Minister for Com- has taken to discuss and deal with the problems, munity, Rural and Gaeltacht Affairs the position as expressed by representatives of the community with the development of a national strategy on sector, with the implementation of the national rural development; the reason the proposed con- drugs strategy; if he has met with community rep- sultation forum on this issue has yet to take place; resentatives regarding their concerns; and if he when an outcome from this process can be will make a statement on the matter. [10768/06] expected; and if he will make a statement on the matter. [10770/06] 81. Mr. Morgan asked the Minister for Com- munity, Rural and Gaeltacht Affairs the steps he 110. Mr. Stagg asked the Minister for Com- has taken to address the concerns raised by the munity, Rural and Gaeltacht Affairs when it is community sector regarding the national drugs expected that the joint national strategy for rural strategy team since the resignation of a person development will be formally agreed, adopted (details supplied). [10776/06] and published; and if he will make a statement on the matter. [10806/06] Minister of State at the Department of Com- munity, Rural and Gaeltacht Affairs (Mr. N. Minister for Community, Rural and Gaeltacht Ahern): I propose to take Questions Nos. 77 and Affairs (E´ amon O´ Cuı´v): I propose to take Ques- 81 together. tions Nos. 79 and 110 together. Representatives of the community sector My Department and the Department of Agri- remain fully engaged in all aspects of the national culture and Food are jointly engaged in the prep- drugs strategy. This includes the continuation of aration of a national strategy for rural develop- their input to the work of the national drugs ment as required by the new European Council strategy team, NDST, in partnership with other regulation on rural development. This task is members. The community sector representative being carried out in association with the Euro- on the NDST has recently resigned and I have pean Commission. In October 2005, advertise- asked the NDST to liaise with the community sec- ments were placed in the national newspapers tor representatives on the local and regional inviting representative organisations with an drugs task forces with a view to recommending a interest in rural development to indicate if they replacement representative. Meanwhile, the com- wished to be consulted on the preparation of the munity sector representatives also continue to national strategy. In December 2005, a consul- play a full part in the work of the local and tation document — draft — Ireland Rural regional drugs task forces. There is similar full Development National Strategy Plan, NSP, 2007- engagement with the national assessment com- 2013 — issued to the interested representative mittee of the young people’s facilities and organisations which were invited to make sub- services fund and the interdepartmental group missions by 27 January 2006. Some 70 sub- on drugs. missions have been received to date and are being I believe that the significant steps being taken, considered by both Departments. both by my Department and other agencies The public consultation process on the national involved in the implementation of the strategy, strategy culminated with a seminar, organised by including the substantially increased funding for the two Departments, on 14 March 2006 in this year, will help allay concerns community rep- Tullamore. Over 70 representative organisations resentatives might have about progress and our participated and approximately 170 people sustained commitment. At the same time, there attended the seminar. The views elicited will be are encouraging signs of progress in recent years considered in finalising the national strategy, — be it in the areas of drug seizures, the expan- which I expect to be agreed with the European sion of treatment services or in prevention prog- Commission in the coming months. A detailed rammes in schools. The landscape has changed national programme/s will be prepared following significantly and, while there is certainly no room completion of the national strategy. This will be for complacency, it is also important to acknowl- submitted to the Commission with a view to its edge our achievements. agreement by the end of 2006 to enable com- 1239 Questions— 21 March 2006. Written Answers 1240

´ ´ [Eamon O Cuı´v.] Rural Transport Services. mencement of the new programme/s in January 83. Ms Lynch asked the Minister for Com- 2007. munity, Rural and Gaeltacht Affairs if he has had Indicative funding for rural development pro- discussions with Pobail regarding the rural trans- gramming was agreed at the December 2005 port initiative; the content and issues raised dur- European Council. Its distribution between ing those discussions; his priority issues in this member states will be agreed at a forthcoming regard; and if he will make a statement on the meeting of the EU Council of Agriculture matter. [10810/06] Ministers. 537. Mr. Durkan asked the Minister for Com- Question No. 80 answered with Question munity, Rural and Gaeltacht Affairs the extent to No. 76. which he has assisted in the provision of free travel facilities in areas lacking public transport; Question No. 81 answered with Question and if he will make a statement on the matter. No. 77. [11092/06]

National Drugs Strategy. Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuı´v): I propose to take Ques- 82. Mr. Sherlock asked the Minister for Com- tions Nos. 83 and 537 together. munity, Rural and Gaeltacht Affairs his views on As the Deputies will be aware, the rural trans- extending the drugs task force area; the position port initiative, RTI, is the responsibility of my regarding the work of the drugs task force; and if colleague, the Minister for Transport, Deputy he will make a statement on the matter. Cullen, and questions about it should be [10804/06] addressed to him.

Minister of State at the Department of Com- Irish Language. munity, Rural and Gaeltacht Affairs (Mr. N. Ahern): My Department oversees the work of the 84. Mr. Quinn asked the Minister for Com- 14 local drugs task forces, 12 of which are in munity, Rural and Gaeltacht Affairs the number Dublin with the others in Cork and Bray, which of Irish language schemes approved by him since were established in the areas experiencing the 8 February 2006 under the Official Languages highest levels of drugs misuse, as well as the ten Act 2003; the number of schemes commenced regional drugs task forces in the areas not under the Act since that date; and if he will make covered by local drugs task forces. Thus, all parts a statement on the matter. [10815/06] of the country are serviced by a drugs task force. Local drugs task forces, LDTFs, are well estab- Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuıv): I refer the Deputy to lished and have been operating for almost ten ´ my reply to Question No. 112 of 8 February 2006 years. The LDTFs have prepared two rounds of in which I indicated that a total of 22 language local action plans and these include a range of schemes prepared by public bodies have been measures relating to treatment, rehabilitation, confirmed by me and published and that my education, prevention and curbing local drug sup- Department was in discussion with in excess of ply. The LDTFs are currently implementing the 70 additional public bodies about completion or second round of those plans at an annual cost of \ commencement of the process of drafting a approximately 16 million. In addition, the scheme. In this context, public bodies have a LDTFs provide a mechanism for the co-ordi- period of six months to prepare and submit draft nation of services in these areas, while at the language schemes to me for confirmation. My same time allowing local communities and volun- Department officials have then to examine the tary organisations to participate in the planning, draft schemes and in many instances this requires design and delivery of services. They are designed further discussion or clarification with public to complement, and add value to, the extensive bodies before schemes are forwarded to me for range of interventions being delivered through final confirmation. the State agencies. Although the number of schemes approved are Additionally, progress has been made by the small, they include agencies and Departments regional drugs task forces, RDTFs, which were either with a strategic importance nationally, a established in 2003, in the development of their large customer base nationally or a functional action plans. A sum of \5 million has been allo- area with a Gaeltacht in it with a large customer cated to the ten RDTFs to progress implemen- base. tation of those plans for 2006. I envisage that funding will be increased on an incremental basis 85. Mr. Wall asked the Minister for Com- over the coming years to achieve the full roll out munity, Rural and Gaeltacht Affairs the consul- of these action plans, which are estimated to have tations his Department has had with the Garda a full cost in the region of \12.2 million per Commissioner and the Department of Justice, annum. Equality and Law Reform regarding the require- 1241 Questions— 21 March 2006. Written Answers 1242 ment for Irish language training for recruits to the level of interaction which is taking place between Garda Sı´ocha´na; and if he will make a statement his Department and the task force on active on the matter. [10807/06] citizenship. [10784/06]

Minister for Community, Rural and Gaeltacht Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuı´v): I refer the Deputy to Affairs (E´ amon O´ Cuı´v): The Taoiseach my reply to Question No. 139 of 8 February 2006 announced his intention to establish a task force in which I indicated that an interdepartmental on active citizenship last year and recently working group had been established to recom- announced that Mary Davis will chair the task mend an appropriate approach to Irish language force. A secretariat has been set up in Taoiseach’s training for recruits to the Garda Sı´ocha´na. The Department to review current trends in civic par- group was established in the context of a review ticipation in Ireland and consider the latest of the requirements for recruitment to the force, national and international research in this policy which was carried out to ensure opportunities for area. Officials from my Department have been recruitment for representatives of communities liaising with the secretariat on relevant matters newly established in Ireland in recent years. and will continue to input into the work of the There are ongoing discussions between my task force where appropriate. Department, the Garda authorities and the Department of Justice, Equality and Law Reform Departmental Funding. in that regard. I understand that details of the 88. Mr. Durkan asked the Minister for Com- revised Irish language training arrangements for munity, Rural and Gaeltacht Affairs the full recruit gardaı´ will be announced in due course by extent of the funding made available by his the Garda Commissioner. Department and through various bodies under his aegis to various community based groups to Departmental Programmes. deal with social or economic deprivation in 2005; 86. Mr. Naughten asked the Minister for Com- the extent to which he expects to increase such munity, Rural and Gaeltacht Affairs if he pro- funding in the current year under the various poses changes to the CLA´ R areas; and if he will headings; and if he will make a statement on the make a statement on the matter. [10445/06] matter. [10779/06] Minister for Community, Rural and Gaeltacht 92. Mr. Naughten asked the Minister for Com- Affairs (E´ amon O´ Cuıv): My Department pro- munity, Rural and Gaeltacht Affairs his plans to ´ vides funding, either directly or through bodies review the CLA´ R areas; if he will include the under its aegis, to various community based town of Castlerea in County Roscommon in the groups to deal with social or economic depri- CLA´ R area; and if he will make a statement on vation. The descriptions of these schemes are the matter. [10444/06] available on my Department’s website at Minister for Community, Rural and Gaeltacht www.pobail.ie. It is the practice of both my col- Affairs (E´ amon O´ Cuı´v): I propose to take Ques- league, the Minister of State, Deputy Noel tions Nos. 86 and 92 together. Ahern, and myself to make details of all I refer the Deputy to my previous answer of 16 announcements relating to grant approvals and February 2006 on this issue. The results of the other expenditure related decisions under these review commissioned are currently being programmes available on the Department’s analysed and until such time as the analysis is website. complete, I cannot say what, if any, changes may Provisional expenditure outruns for 2005 and be made to the CLA´ R areas. estimated outruns for 2006 for my Department are included in the recently published Revised Estimates Volume 2006. Expenditure across the Interdepartmental Committees. main programme areas, including administration, 87. Mr. Eamon Ryan asked the Minister for for 2005 and Estimates for 2006 are given in the Community, Rural and Gaeltacht Affairs the table.

2005 (Provisional Outturn) 2006 estimate

\m \m

An Ghaeilge agus an Ghaeltacht 88.393 103.318 Community Affairs 146.593 207.769 Rural Affairs 73.893 99.101 Other Services 30.054 48.8 Administration 15.571 19.482 1243 Questions— 21 March 2006. Written Answers 1244

´ ´ [Eamon O Cuı´v.] uage and cultural diversity across the island and If the Deputy would like information on a part- commended both the Ulster-Scots Agency and icular scheme, I would be glad to provide details Foras na Gaeilge on their achievements to date. to him. We agreed in principle, subject to the approval of the North-South Ministerial Council, that 30 Question No. 89 answered with Question Foras na Gaeilge staff posts should be located in No. 67. Gaoth Dobhair and that the board of foras should now bring forward firm proposals on the phases Community Development. of locating this staff complement to Gaoth Dobh- air, and a decision on the precise sections and 90. Mr. Cuffe asked the Minister for Com- functions to be located there. munity, Rural and Gaeltacht Affairs if his With regard to Waterways Ireland, Minister Department will process the information regard- Hanson and I welcomed the publication of a ing voluntary activity that will come from the cen- Socio-Economic Summary Report for the North sus 2006 data; and if he will make a statement on East and South West Sections of the Ulster Canal the matter. [10782/06] and a feasibility study into the Re-opening of the Minister of State at the Department of Com- Ulster Canal, which Waterways Ireland had com- munity, Rural and Gaeltacht Affairs (Mr. N. missioned at our request. We noted the potential Ahern): As I have indicated, my Department will these reports give for the canal to be developed review the experience of the package of volun- and for boosting its social and economic potential teering measures that I initiated around this time and we were pleased to acknowledge the assist- last year as we develop a national policy on vol- ance provided by the Blackwater Partnership to unteering for the future. In this context, my Waterways Ireland in the production of these Department will endeavor to take all relevant reports. Minister Hanson and I, and our respec- information into account. tive Departments, will now consider the reports. We also noted with satisfaction the achieve- Question No. 91 answered with Question ments made by Waterways Ireland against 2005 No. 73. business plan objectives and its steady progress on the main targets for 2006. We expressed sup- Question No. 92 answered with Question port for the ongoing work of developing and pro- No. 86. moting the inland waterways network on this island and commended Waterways Ireland for its Question No. 93 answered with Question progressive approach to identifying the issues fac- No. 76. ing staff in a cross-Border context, bringing together existing and new staff from different Question No. 94 answered with Question backgrounds and cultures and putting in place a No. 69. positive action plan to take the organisation for- ward. I have arranged for a copy of the joint Official Engagements. statement that was issued following the meeting to be forwarded to the Deputy. 95. Mr. Broughan asked the Minister for Com- munity, Rural and Gaeltacht Affairs if he will Departmental Programmes. report on his recent meeting in Belfast with Mr. David Hanson, Northern Ireland Office Minister 96. Mr. Gormley asked the Minister for Com- for Culture, Arts and Leisure; the issues that were munity, Rural and Gaeltacht Affairs if the eval- discussed at this meeting; the areas in which he uation of the RAPID programme being carried hopes to develop more North-South co-oper- out by a company (details supplied) will be made ation; and if he will make a statement on the available to the public upon its completion; and matter. [10794/06] if he will make a statement on the matter. [10786/06] Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuı´v): Minister Hanson and I Minister for Community, Rural and Gaeltacht held meetings on 6 March 2006 with the chairs Affairs (E´ amon O´ Cuı´v): Pobal co-ordinates the and chief executives of Foras na Gaeilge and the RAPID programme on behalf of the Govern- Ulster-Scots Agency and with the chief executive ment. The evaluation in question was com- of Waterways Ireland, to discuss matters which missioned by Pobal. I understand Pobal intends fall within the remit of these cross-Border Imple- to make it available to the public. mentation Bodies. The discussions focused on a range of corporate governance issues and work Rural Development. priorities and goals for 2006, as part of our reg- ular review of the work of these bodies. 97. Mr. McGinley asked the Minister for Com- With regard to An Foras Teanga-Tha Boord o munity, Rural and Gaeltacht Affairs when there Leid, Minister Hanson and I reaffirmed the two will be a national country walkway strategy; his Governments’ commitment and support for lang- views on the loss of tourism revenue which is 1245 Questions— 21 March 2006. Written Answers 1246 resulting from this situation; and if he will make Under axis 3 of this programme — The Wider a statement on the matter. [10764/06] Rural Economy — the overarching objective is one of creating employment opportunities. The 112. Ms B. Moynihan-Cronin asked the Mini- range of measures available under this axis will ster for Community, Rural and Gaeltacht Affairs be used to promote the development of rural the position regarding the work of Comhairle na communities and also to ensure that rural areas Tua´ithe; and if he will make a statement on the remain attractive for future generations. To meet matter. [10799/06] these priorities, the EU strategic guidelines and Council regulation identify key actions, among Minister for Community, Rural and Gaeltacht which is encouraging the development of rural Affairs (E´ amon O´ Cuı´v): I propose to take Ques- tourism. tions Nos. 97 and 112 together. The issue of rural tourism in the context of the Community Development. opportunities presented by the development of walkways is one, I believe, which can only be 98. Mr. O’Shea asked the Minister for Com- solved by the active participation and support of munity, Rural and Gaeltacht Affairs his proposals not just farmers and walkers but also the wider to develop structures, including a centralised unit, rural community, who stand to benefit a great to drive and co-ordinate social inclusion policies; deal from the development of activity based rural and if he will make a statement on the matter. tourism, including walking tours. The issue of [10793/06] access to land and walkways is fundamental to this question and it was in this context that, in 100. Mr. Rabbitte asked the Minister for Com- February 2004, I established Comhairle na Tuai- munity, Rural and Gaeltacht Affairs the progress the to address the three priority issues of access, he has made in regard to the streamlining and co- developing a countryside code and developing a ordination of service delivery in the community countryside recreation strategy. and voluntary sectors; and if he will make a state- Comhairle na Tuaithe comprises representa- ment on the matter. [10802/06] tives of the farming organisations, recreational users of the countryside and State bodies with an Minister for Community, Rural and Gaeltacht interest in the countryside. As well as having Affairs (E´ amon O´ Cuı´v): I propose to take Ques- identified and reviewed a set of access parameters tions Nos. 98 and 100 together. in the countryside, Comhairle na Tuaithe has also Arising from the review process which I considered the key features necessary for initiated, in conjunction with my colleagues, the countryside code development, with a focus on Ministers for the Environment, Heritage and the potential application of the internationally Local Government and Justice, Equality and Law recognised Leave No Trace Initiative. Reform, in January 2004, the Government agreed Comhairle na Tuaithe is currently working on a series of measures designed to improve delivery the development of a national countryside of services on the ground, improve arrangements recreation strategy. The objective of the strategy under which community and local development is to put in place an accepted and agreed vision initiatives are delivered and improve cohesion for countryside recreation and a blueprint for and focus across various measures. In line with action and implementation of that strategy going that decision, local and community development forward. A total of 190 submissions were received agencies were requested to advance improve- in answer to a call in national and provincial pap- ments in linkages, cohesion and sharing ers and by letter to stakeholder organisations. These submissions are currently being examined resources. City and county development boards and the work of drafting the countryside were given the role of overseeing and co- recreation strategy is proceeding. ordinating the cohesion process. Cohesion Fund- \ I look forward to receiving the draft strategy ing of 3,248,600 was allocated during 2004 to from Comhairle na Tuaithe following its con- support specific measures arising from that sideration of the issues arising. It is also intended process. to use the rural social scheme to develop and The core objective of the 2005-06 round is the maintain walkways. alignment of local, community and rural develop- I am aware that recent Fa´ilte Ireland figures ment organisations to achieve full area coverage. indicate that the number of visitors to Ireland The major advantage of such an approach is that continued to increase during 2005 but that the the State will be able to deliver programmes such trend towards short urban based breaks con- as the local development social inclusion prog- tinued, which draws the overseas leisure visitors ramme and the rural social scheme through these away from rural areas. It should be noted that my new unified structures because they will have all- Department is working in close partnership with area cover. My preference is for unified overarch- the Department of Agriculture and Food on the ing structures based around county boundaries new rural development programme/s 2007-13. where practicable. However, I am prepared to 1247 Questions— 21 March 2006. Written Answers 1248

´ ´ [Eamon O Cuı´v.] which was to establish the population prevalence consider variations across county boundaries on of drug use on the island of Ireland in 2002/03. their merits. This study surveyed over 8,000 people aged 15-64 The intention is that from 2007 there will be in Ireland and Northern Ireland between October one company delivering services in any given area 2002 and April 2003 and examined the prevalence and fewer companies overall in the country. This of a number of drugs. The survey collected data will lead to improved co-ordination of service relating to both cocaine powder and crack on a delivery and maximise the impact of social lifetime — ever used — basis; last year — recent inclusion measures at a local level. To date, I use — basis; and last month — current use — have been able to support a number of proposals basis. for integration of Leader and partnership com- Expressions of interest from potential tender- panies. Further proposals are being developed by ers have been sought for a second population the relevant agencies. I will consider these pro- drug prevalence survey. With the baseline infor- posals in due course. mation in place from the first survey, the findings A total of \4,836,927 was awarded in respect of of this survey should prove very informative, giv- cohesion initiatives during 2005, including ing valuable information on trends, including \1,463,400 for promotion of volunteering. I have those relating to crack cocaine, that can feed into approved a further \760,600 from the cohesion drugs policy formulation for the future. It is fund since the beginning of the year. intended that the drug prevalence study field- work will be carried out from late 2006 to mid- Question No. 99 answered with Question 2007. Preliminary analysis will be in the months No. 66. following, with a first report of national preva- lence figures and trends expected in late 2007. Question No. 100 answered with Question No. 98. 103. Mr. Boyle asked the Minister for Com- munity, Rural and Gaeltacht Affairs the reason Rural Development. increases in spending on the national drugs 101. Mr. Eamon Ryan asked the Minister for strategy since 2002 have not been accompanied Community, Rural and Gaeltacht Affairs the by a decrease in the availability or usage of illegal individual projects being sanctioned as part of the drugs. [10780/06] \55,000 grant from the rural development fund Minister of State at the Department of Com- which he recently made available to the Irish munity, Rural and Gaeltacht Affairs (Mr. N. Rural Tourism Federation. [10785/06] Ahern): I am pleased with the increasing levels of Minister for Community, Rural and Gaeltacht funding being made available to tackle the prob- lems of drugs misuse. An allocation of \43 million Affairs (E´ amon O´ Cuı´v): The Irish Rural Tour- ism Federation, IRTF, applied to my Department has been made to my Department’s Vote for the for funding under the rural development fund, drugs initiative/young people’s facilities and RDF, for a project to: establish the nature and services fund in 2006. This represents an increase spatial distribution of the rural tourism product; of 37% on the original 2005 allocation and a establish current and predict future market trends massive 61% increase on the 2004 figure. It will for the sector; develop a communications strategy allow us to consolidate and build on previous for the IRTF and the Irish rural tourism sector. investment and to continue to tackle the drug The federation has been allocated \55,000 from problem in a comprehensive way. I remain hope- the RDF to assist it in carrying out this work. ful that through this sizeable programme of investment we will continue to impact in a serious way on the availability and usage of illegal drugs. National Drugs Strategy. With respect to the availability or usage of 102. Ms Lynch asked the Minister for Com- illegal drugs, although there is anecdotal evidence munity, Rural and Gaeltacht Affairs when the of a growth in the use of some illegal drugs, albeit next drugs prevalence survey will be published; from a relatively low base, we are not in a posi- the timeframe of this survey; if a special study will tion to quantify the level of any increase. At the be conducted into the use of crack cocaine; and same time, the rate of success of the gardaı´ and if he will make a statement on the matter. the customs service is significant, with seizures of [10797/06] approximately \49 million in 2002, increasing in 2003 and 2004 to \100 million and \132 million Minister of State at the Department of Com- respectively. Overall, there are encouraging signs munity, Rural and Gaeltacht Affairs (Mr. N. of progress in recent years, be it in the areas of Ahern): The national advisory committee on drug seizures, the decline in the number of new drugs and the drug and alcohol information and cases of problematic opiate misuse in Dublin, the research unit, Northern Ireland, commissioned expansion of treatment services or in prevention the first drug prevalence survey, the purpose of programmes in schools. 1249 Questions— 21 March 2006. Written Answers 1250

It is intended that the field work for the second across a number of pillars — supply reduction, drug prevalence study will be carried out from prevention, treatment, rehabilitation and late 2006 to mid-2007. Preliminary analysis will research. Implementation of the strategy across a be done in the months following, with a first range of Departments and agencies, and directly report of national prevalence figures and trends involving the community and voluntary sector, is expected in late 2007. At that stage, we will be co-ordinated by my Department. Moreover, much better placed to measure effectively current although there is anecdotal evidence of a growth drug use in Ireland. in the use of some illegal drugs, albeit from a rela- tively low base, we are not in a position to quan- Irish Language. tify the level of any increase. It is intended that the field work for the second 104. Mr. Rabbitte asked the Minister for Com- drug prevalence study will be carried out from munity, Rural and Gaeltacht Affairs if he has had late 2006 to mid-2007. Preliminary analysis will discussions with relevant agencies and the be in the months following, with a first report of Department of Education and Science regarding national prevalence figures and trends expected the provision of Irish language translators and in late 2007. At that stage we will be much better interpreters; and if he will make a statement on placed to measure effectively the level of growth the matter. [10816/06] of drug misuse in Ireland. The report of the mid-term review of the Minister for Community, Rural and Gaeltacht national drugs strategy, which was published in Affairs (E´ amon O´ Cuıv): Foras na Gaeilge, at my ´ June 2005, found that the current aims and objec- request, is introducing an accreditation system for tives of the drugs strategy are fundamentally private sector Irish language translators, which sound and that there were encouraging signs of will be the first such system of its kind in this progress in its implementation. Officials of the country. Details on the introduction of the Ministers for Justice, Equality and Law Reform, accreditation system have been agreed with Foras Education and Science and Health and Children na Gaeilge and were announced in December sit on the regional and local drugs task forces, the 2005. It is intended to arrange the first examin- national drugs strategy team and the inter- ation in April 2006, with a view to having a panel departmental group on drugs, illustrating the of accredited translators in place for both public degree of co-ordination involved between our and private sectors by May 2006. When oper- Departments under the national drugs strategy. I ational, this will be a significant resource for am confident that the general consensus on the public bodies in their implementation of the direction and implementation of the strategy will Official Languages Act. continue. I am currently considering how additional measures could be put in place to increase the Teanga Ghaeilge. output of qualified translators and I hope to be in a position to make an announcement in this 106. D’fhiafraigh Mr. Sargent den Aire Gno´ - regard before too long. thaı´ Pobail, Tuaithe agus Gaeltachta cad e´ an dul chun cinn ata´ de´anta o´ thaobh chur i bhfeidhm National Drugs Strategy. Alt 7 Acht na dTeangacha Oifigiu´ la. [10824/06]

105. Mr. Quinn asked the Minister for Com- Minister for Community, Rural and Gaeltacht munity, Rural and Gaeltacht Affairs the dis- Affairs (E´ amon O´ Cuı´v): Tiocfaidh alt 7 d’Acht cussions he has had with the Department of na dTeangacha Oifigiu´ la i bhfeidhm go uathoib- Justice, Equality and Law Reform, the Depart- rı´och ar 13 Iu´ il 2006 i gcomhre´ir le halt 1 den ment of Education and Science and the Depart- Acht fe´in. Tuigtear dom gur ceist ı´ do Chle´ireach ment of Health and Children, regarding the na Da´la, faoi Bhuan-Ordaithe na Da´la, an re´amh- worsening situation and prevalence of illegal ullmhu´ cha´n cuı´ a dhe´anamh chun na crı´che sin. drugs here; his views on the need for a more co- ordinated Government response to the national Decentralisation Programme. drugs crisis; and if he will make a statement on the matter. [10801/06] 107. Ms Shortall asked the Minister for Com- munity, Rural and Gaeltacht Affairs if he will Minister of State at the Department of Com- provide a report on the various decentralisation munity, Rural and Gaeltacht Affairs (Mr. N. projects relating to his Department; and if he will Ahern): The officials of my Department and I are make a statement on the matter. [10805/06] in ongoing contact with all those involved in dis- rupting the use of illegal drugs in this country. 121. Mr. Hogan asked the Minister for Com- A comprehensive framework for a co-ordinated munity, Rural and Gaeltacht Affairs the position Government response to the issue of drug misuse regarding the staff within his Department who do is already in place. The national drugs strategy not wish to decentralise; if they will move to other 2001-08 addresses the problem of drug misuse Departments or continue to be employed by his 1251 Questions— 21 March 2006. Written Answers 1252

[Mr. Hogan.] National Drugs Strategy. Department; and if he will make a statement on 108. Ms B. Moynihan-Cronin asked the Mini- the matter. [10769/06] ster for Community, Rural and Gaeltacht Affairs the discussions he has had with the Department Minister for Community, Rural and Gaeltacht of Education and Science regarding drug use ´ ´ Affairs (Eamon O Cuı´v): I propose to take Ques- among undergraduate students in full-time third tions Nos. 107 and 121 together. level education; and if he will make a statement The Deputy will be aware that my Depart- on the matter. [10813/06] ment’s Dublin based operations are decentralis- ing in full. The headquarters will relocate to Minister of State at the Department of Com- Knock Airport while some 13 posts will transfer munity, Rural and Gaeltacht Affairs (Mr. N. to Na Forbacha in Galway. The move to Knock Ahern): I have had no specific discussions with Airport is scheduled for completion by the end of the Minister for Education and Science on drug 2007. It is, however, planned to relocate up to 70 use among undergraduate students in full-time posts in advance of the main move to temporary third level education but I am in ongoing contact accommodation in the general Knock area. This with all those involved in efforts to disrupt the advance move is planned to take place from mid- distribution and consumption of illegal drugs 2006. A further small number of posts may be throughout society, including the Minister for relocated there in early 2007. Of the 13 Na Forba- Education and Science. cha posts mentioned, seven have now transferred The primary focus of the 108 actions of the to our offices there and it is expected that the national drugs strategy is on the illegal drugs that remainder will be in place by the end of this year. do the most harm and on the most vulnerable As my Department will be decentralising in drug misusers as well as their families and com- full, staff who are not relocating with it will move munities. The main focus of the strategy with to other Departments, either by way of bilateral respect to the education sector is on preventative transfers with officers transferring into this strategies targeting the primary and secondary Department or under the arrangements agreed levels and the informal education sector, includ- ing youth services. Arising from this, all such centrally for redeployment of staff remaining in schools now have substance misuse prevention Dublin. programmes included on their curricula. A con- At a meeting with my counterpart, Mr. David sequence of this strategy should be to arm under- Hanson MP, Minister for Culture, Arts and graduate students with the knowledge about the Leisure, in Belfast on 6 March 2006, we agreed dangers of drug misuse before they enter college. in principle, subject to completion of the formal The strategy also includes a national awareness North-South Ministerial Council approval pro- campaign, managed by the Department of Health cess, that 30 Foras na Gaeilge staff posts should and Children and aimed at promoting greater be located in Gaoth Dobhair. The formal awareness and understanding of the causes and approval process is being taken forward at official consequences of drug misuse throughout society. level. The board of foras will be asked to bring Aspects of this campaign were specifically tar- forward firm proposals on the phases of locating geted at the young adult population. this staff complement to Gaoth Dobhair and a It is very difficult to quantify drug use by socio- decision on the precise sections and functions to economic group. The drug prevalence survey be located there. carried out for the national advisory committee Pobal, formerly ADM, will transfer some 40 on drugs and the drug and alcohol information posts to Clifden, County Galway. The first phase and research unit, Northern Ireland, which is of this programme, the transfer of the manage- recognised as the most comprehensive baseline ment of the rural social scheme, RSS, involving data we have for prevalence rates in this country, ten posts, has been completed, while a second identified usage in the past 12 months by young phase involving a similar number of staff will be adults — 15 to 34 years — as 8.6% for cannabis completed in May-June of this year. Temporary and 2.3% for ecstasy. That survey covered 8,442 accommodation has been acquired in Clifden for people, aged between 15 and 64, on the island these staff. The OPW has identified a local auth- of Ireland. ority site for Pobal’s permanent Clifden office. The college lifestyle and attitudinal national — Negotiations are at an advanced stage and it is CLAN — survey, which was jointly carried out anticipated that contractual procedures for the by the health promotion unit of the Department acquisition of the site should be finalised shortly. of Health and Children and NUI Galway in the Indications from the OPW are that if everything academic year 2002-03, dealt with a sample of proceeds according to plan, the offices would be 3,259 students from universities and other third level institutions across Ireland. Drug use was one available for occupation in late 2007 or early of the many areas under focus. The focus and 2008. methodology of the survey differed from the 1253 Questions— 21 March 2006. Written Answers 1254

2002-03 drug prevalence survey. Therefore, the representational work undertaken for St. results of the two surveys are not directly compar- Patrick’s Day, commencing with the parade in able and they do not throw up the same figures. Auckland on 11 March and continuing daily However, the findings are nonetheless valuable in throughout the visit; attendance at consular improving our understanding of drug misuse by reception in Auckland on 17 March, attended by university students in Ireland. Minister Clayton Cosgrove MP on behalf of the Established research suggests that this cohort Prime Minister, Members of Parliament, and rep- is more likely to experiment with drug use than resentatives of the diplomatic corps, public and are other sections of society and the CLAN sur- business life; extensive media coverage, including vey reflected this. In the CLAN survey, 37% interviews on national television. reported having used cannabis and 8% indicated There is great potential to enhance economic that they had used ecstasy in the previous 12 and cultural ties between us — total trade with months. It would be expected that these figures New Zealand in 2004 was valued at \83 million would include many who experimented once, or and substantial numbers in the New Zealand at least very few times, rather than reflecting population claim Irish ancestry. Also of the order more problematic long-term or regular use, which of 26,000 visitors from New Zealand visited is the main focus of the national drugs strategy. Ireland in 2005 and their stays tend to be above average in duration, and encompass visits to the Question No. 109 answered with Question regions, as well as Dublin. Against this back- No. 76. ground, and matters of common interest which we share, I believe that the visit was immensely Question No. 110 answered with Question worthwhile and will help reap considerable No. 79. benefits for the State.

Question No. 111 answered with Question 2006 St. Patrick’s Festival Visit — New Zealand No. 76. E´ amon O Cuı´v TD, Minister for Community, Rural and Gaeltacht Affairs and his wife, Secretary General of the Question No. 112 answered with Question Department, media adviser to Minister, private secretary to No. 97. the Minister Final Itinerary Official Engagements. As at 16 March 2006 113. Mr. Cuffe asked the Minister for Com- Friday 10th March munity, Rural and Gaeltacht Affairs if he will 10.50 Deputy E´ amon O Cuı´v, Minister of Community, report on his official visit to New Zealand for St. Rural and Gaeltacht Affairs and his wife and party Patrick’s Day festivities; the length of his visit; the arrive Auckland International Airport events attended; and the number of officials and Met by Honorary Consul General, Rodney HC Walshe along with representative of distinguished others accompanying him and the estimated visitors division of internal affairs, Frances Reynolds. cost. [10783/06] 11.30 Depart airport for hotel Minister for Community, Rural and Gaeltacht PM Rest Affairs (E´ amon O´ Cuı´v): I refer the Deputy to my answer to Question 149 on 9 March 2006. I Saturday 11th March travelled to New Zealand for the St. Patrick’s 11.30 Depart hotel for St. Patrick’s festival parade meet- Day celebrations there and was accompanied by ing point my wife, the Secretary General of my Depart- 12.00 Participate in St. Patrick’s festival parade ment, the private secretary and the media adviser. 12.30 Parade concludes and music festival commences at As we arrived in New Zealand on 10 March and Aotea Square departed on 18 March it is not practical to 13.00 Join Mayor of Auckland City, His Worship Dick provide an accurate indication of costs involved Hubbard, in the opening of the St. Patrick’s Music at this juncture. Festival at Aotea Square, draw a prize for tickets to the U2 concert the following week. I attach a comprehensive itinerary for infor- mation and the Deputy may wish to note the wide 14.00 Return to hotel and on the way visit Waterford dis- play at Smith & Caughey Department Store, 253- range of Irish groups and interests met with dur- 261 Queen St., Auckland. ing the trip across New Zealand in Auckland, 19.00 Depart hotel for Langham Hotel Auckland, 83 TaranguaTauranga, Christchurch and Welling- Symonds Street, Auckland, ton; meetings with Ministers of the New Zealand 19.15 Attend the St. Patrick’s Festival Banquet at the Government about rural tourism, including walk- Langham Hotel Auckland. Lynne Pillay, MP for ways, and with the chairman of the Maori Langu- Waitakere, Auckland will be representing the New age Commission on language issues; my formal Zealand Prime Minister. Maurice Maxwell, Charge´ presentation to the New Zealand Parliament; d’Affaires, Delegation of the European Commission, will also be in attendance as will His Worship Garry breadth of contacts with both local and national Moore, Mayor of Christchurch, and four of Auck- representatives throughout New Zealand; key land Region’s mayors; His Worship Dick Hubbard, 1255 Questions— 21 March 2006. Written Answers 1256

[E´ amon O´ Cuı´v.] 14.00 Hon Damian O’Connor, Minister of Tourism Mayor of Auckland City, His Worship, Bob Harvey, presents Minister O´ Cuı´v to Parliament Mayor of Waitakere City, His Worship Sir Barry 14.30 Beehive tour Curtis, Mayor of Manukau City and His Worship George Wood, Mayor of North Shore City along 15.00 Return to hotel with Mike Lee, Chairman, Auckland Regional 15.45 Transfer to Beehive for meeting with Minister of Council. Minister to respond to the Toast to St. Conservation, Housing and Ethnic Affairs. Patrick proposed by the Prime Minister’s representa- tive with a toast to “The Irish and the Friends of the 16.00 Meeting with the Honourable Mr. Chris Carter, Irish in New Zealand” Minister for Conservation, Housing and Ethnic Affairs, on Walkways and Rural Tourism issues Midnight — Return to hotel. 18.00 Return to hotel Sunday 12th March 18.30 Dinner at hotel 09.30 Depart hotel for Auckland Domestic Airport 19.15 Transported to the Hutt Valley Irish Society for Sup- 10.45 Domestic flight Tauranga per at the Hutt Valley Irish Society Clubrooms, 12 Raroa Rd, Lower Hutt. 11.20 Arrive Tauranga Airport and transported to Hotel 22.00 Return to Hotel 12.00 Attend Irish Fair Day at the Tauranga Race Course Reserve. Wednesday 15th March 14.00 Tauranga Port tour accompanied by the Mayor of 09.15 Depart hotel for Wellington Domestic Airport Tauranga. 10.20 Domestic flight to Christchurch 15.00 Transported to Hotel. 11.15 Arrive Christchurch Airport, transferred to Hotel 17.30 Reception hosted by Tony Fahy and attended by His Worship Mayor Stuart Crosby at Fahy’s Motor Inn, 14.00 Briefing on Christchurch walkways with Kay Holder 1237 Cameron Road, Tauranga. from Christchurch City Council, and visit to Walkways. 19.00 Dinner at venue to be confirmed 17.00 Transported to the Christchurch Irish Society for 22.00 Return to hotel function attended by Mayor of Christchurch, His Worship Garry Moore, 31 Domain Terrace, Sprey- Monday 13th March don, Christchurch 09.00 Depart hotel for Tauranga Domestic Airport 19.30 Transferred to Hotel 10.15 Domestic flight to Wellington 20.00 Dinner hosted by Mayor of Christchurch 11.30 Arrive Wellington Airport, transported to hotel Interviewed by Oliver Lee for Local Community Radio 12.30-14.00 Transfer to the Maori Language Commission, Level 14, Investment Centre, Corner Feather- Thursday 16th March ston & Balance Streets, Wellington, Ph: 04 471-0244, Fax: 04 471-2768, tereo@tetaurawhi- 09.00 Depart hotel for Christchurch Domestic Airport ri.govt.nz for lunch meeting with the chairman 10.30 Domestic Flight to Auckland and chief executive officer, Mr. Haami Piripi, to discuss preservation and development of 11.50 Arrive Auckland Domestic Airport and transported languages. to Hotel 14.15 Walk to next meetings. Minister O´ Cuı´v returns to 14.10 Meet Julia Hart, Department of Conservation who hotel. is an expert on the DOC track network, she will discuss the network and the DOC perspective on 16.45 Attend function at Department of Social access issues. Development 14.20 Board ferry to be transported to Devonport. 17.45 Return to hotel 14.45 Arrive Devonport and met by Bill Trusewich and 18.00 Dinner with CEO Maori Language Commission another DOC Officer who will transfer the group from Devonport Wharf to North Head. 19.45 Transported to the Wellington Irish Society Club- rooms for function hosted by the Wellington Irish 15.00 Arrive at North Head, the group will be met by Society Senior DOC archaeologist Dave Veart and Geoff Chapple from the Te Araroa Trust. Dave Veart will 20.00 Irish Society Function, 10 Fifeshire Avenue, Welling- give an overview of DOC’s work in the Auckland ton City, PH: 64 4 384-8535, Web: www.irish. area especially at North Head. Geoff Chapple will wellington.net.nz/ talk of his experience in setting up a Walkway of 22.00 22.00 — Return to Hotel New Zealand — including issues of gaining access across the front of residential properties in Tuesday 14th March Devonport. 09.15 Transfer to Beehive from hotel. 17.15 Ferry back to Auckland — 5:15pm or 5:45pm. 09.30 Hon Damien O’Connor, Minister of Tourism at the Friday 17th March Beehive, 5th Floor to discuss New Zealand’s experi- ences in visitor access to rural land and to sea and 06.00 Leave hotel for Auckland Harbour Bridge, Transit lake shore. Services Area under southern end. 10.30 Transfer from Beehive to Hotel 06.20 Climb Auckland Harbour Bridge and raise the Irish Flag on top of bridge. 13.00 Lunch at a venue to be confirmed 07.45 Transported to TVNZ studio, TVNZ Television 13.45 Transfer to Beehive for presentation to Parliament. Centre, 100 Victoria Street West, Auckland. 1257 Questions— 21 March 2006. Written Answers 1258

08.00 Interviewed by Paul Henry on Breakfast show Minister for Community, Rural and Gaeltacht operated by TV New Zealand. Affairs (E´ amon O´ Cuı´v): Dı´rı´m aird an Teachta 08.45 Minister transported from TVNZ to Claddagh Irish ar an bhfreagra a thug me´ ar Cheist Uimh. 113 Bar, Newmarket to attend Starship Hospital Char- den 8 Feabhra 2006 faoin a´bhar seo. Mar a thug ity Breakfast me´ le fios sa bhfreagra sin, leagann na treoirlı´nte 08.45 Remainder of Party transfer from Hotel to Claddagh faoi alt 12 d’Acht na dTeangacha Oifigiu´ la 2003, Irish Bar, Newmarket a foilsı´odh i mı´ Mhea´nFo´ mhair 2004, gur cho´ ir 10.10 Transferred to Eden Rugby Club, Gribblehust Park, do chomhlachtaı´ polasaı´ soile´ir a chruthu´ da´ Sandringham Road to attend Auckland Irish Society function. n-eagraı´ochtaı´ fe´in maidir le sola´thar sheirbhı´sı´ dha´theangacha i gcomhthe´acs sce´im teanga faoi 10.30 Attend Youth Mass and Auckland Irish Society ´ function followed by lunch. alt 11 a ullmhu. Mar ata´ ra´ite agam roimhe seo, ce´ go bhfuil 13.30 Transferred to Consulate General of Ireland office, bunta´istı´ la´idre don chustaime´ir go mbeadh an Level 7, Citibank Building, 23 Customs Street East, Auckland. Be´arla agus an Ghaeilge taobh le taobh ar lea- thanaigh, is ceist ı´ do gach comhlacht ar leith pol- 16.00 Interviewed Auckland Community Radio asaı´ a chruthu´ da´ eagraı´ocht fe´in a oireann da´ 16.45 Leave for the Auckland Club, 34 Shortland Street, chustaime´irı´ o´ thaobh sheirbhı´sı´ dha´theangacha a Auckland shola´thar, ag to´ ga´il san a´ireamh nithe a bhaine- 17.00 Attend the Irish Consulate General cocktail recep- ann le costais agus modhanna chun doicime´id tion to be held at the Auckland Club, 34 Shortland Street, Auckland agus foirmeacha a sheachadadh. 20.00 Dinner at venue to be arranged. Oideachais La´n-Ghaeilge. TBC Return to Hotel 116. D’fhiafraigh Mr. Costello den Aire Gno´ - Saturday 18th March thaı´ Pobail, Tuaithe agus Gaeltachta cad iad na 07.50 Transported from Hotel to TVNZ for interview with cainteanna a bhı´ aige leis an Roinn Oideachais Lisa Owens from TV New Zealand. agus Eolaı´ochta, maidir le hAonad Oideachais 15.30 Delegation depart on International Flight La´n-Ghaeilge Bhaile Bhuirne; agus an nde´an- faidh se´ ra´iteas ina leith. [10817/06] Rural Social Scheme. Minister for Community, Rural and Gaeltacht 114. Mr. McGinley asked the Minister for Affairs (E´ amon O´ Cuı´v): Bhı´ cruinnithe agam leis Community, Rural and Gaeltacht Affairs when an Aire Oideachais agus Eolaı´ochta ar o´ ca´idı´ e´ag- his proposals for reform of the rural social su´ la maidir leis an gceist ata´ luaite ag an Teachta. scheme will be implemented; and if he will make Bhı´ an cheist mar a´bhar ple´ freisin ag cruinnithe a statement on the matter. [10765/06] e´agsu´ la idir oifigigh mo Roinne-se agus oifigigh na Roinne Oideachais agus Eolaı´ochta. Ce´ go Minister for Community, Rural and Gaeltacht bhfuil an pro´ iseas ple´ sin fo´ sarsiu´ l, tuigfidh an ´ ´ Affairs (Eamon O Cuı´v): Following the recent Teachta gur ceist ı´ seo a bhaineann go prı´omha review of the rural social scheme a small number leis an Aire Oideachais agus Eolaı´ochta. of changes to the scheme, particularly relating to eligibility, are being finalised. In this regard, the Department is consulting the Department of Community Development. Social and Family Affairs on how best to 117. Mr. Broughan asked the Minister for implement some of the changes. In this context, Community, Rural and Gaeltacht Affairs the pro- it is worth noting that following the agreement of gress made to date in regard to the development that Department it has already been agreed that of community and social connection in Irish children and siblings of qualifying herd/flock society since the establishment of his Depart- owners, subject to certain restrictions, are now ment; and if he will make a statement on the eligible to participate on the scheme. matter. [10808/06]

Teanga Ghaeilge. Minister for Community, Rural and Gaeltacht 115. D’fhiafraigh Mr. Sargent den Aire Gno´ - Affairs (E´ amon O´ Cuı´v): When announcing the thaı´ Pobail, Tuaithe agus Gaeltachta an nglacann decision to establish this new Department in se´ leis gur maith an smaoineamh e´ mu´ nla a chur 2002, the Taoiseach stressed the need for Govern- ar fa´il a chabhro´ idh le foilsitheoirı´ freastal ar chu- ment to address issues of regional and social spo´ irı´ Acht na dTeangacha Oifigiu´ la agus a balance in a more effective way as well as secur- chinnteoidh go mbeidh an da´ theanga nasctha le ing economic development. He explained that the che´ile taobh le taobh mar a bhı´onn amhlaidh i new Department was being set up to produce a gca´ipe´isı´ Bwrdd Yr Iaith Gymraeg / Bord Teanga more co-ordinated engagement by the State with na Breatnaise agus an nglacfaidh se´ leis go gcuire- communities around the country as they pursue ann mu´ nla mar sin le foghlaim an da´ theanga agus their own development. It is now acknowledged le laghdu´ chostas na clo´ do´ ireachta. [10823/06] that the setting up of the Department marked a 1259 Questions— 21 March 2006. Written Answers 1260

´ ´ [Eamon O Cuı´v.] rural/agri-tourism sector. The initiative, in so far new focus on the importance of community and as it supports the latter sector, has a budget of social connections in Irish society. \30 million for the period 2000-06 and provides In the period since, the key principle underly- support for the development of the rural/agri- ing the Department’s activities has been the pro- tourism product, including the provision of vision of support that enables communities them- amenities, accommodation and marketing. This selves to identify and address issues in their own support is provided for eligible projects in rural areas. That support takes the form of prog- areas generally. rammes and measures which, individually and My Department also funds the western collectively, focus on communities, particularly development tourism programme, WDTP, those that are vulnerable or under threat. Those through the rural development fund, RDF. The communities may be in rural or inner city set- WDTP was established to develop a strategic tings, grappling with difficulties caused by a range approach to tourism initiatives in underdeveloped of factors, including declining populations, unem- areas within the western region. It has been ployment, language issues, social disadvantage or awarded \405,000 from the RDF for the period drug misuse. As well as communities that can be April 2003 to December 2006. In addition, defined in terms of geographic location, the \192,500 has been allocated from the RDF for Department also supports communities that are Galway East Tourism Marketing Limited for the defined on the basis of a common focus on a part- period 2003 to the end of 2006. This project aims icular issue. to promote and develop the potential for rural My Department’s purpose is to provide sup- tourism in east Galway. port to communities in the most appropriate way Funding of \55,000 has recently been approved as they work to shape their own futures, address from the RDF for the Irish Rural Tourism Feder- their common goals and achieve their full poten- ation to assist it in developing a communications tial. To be effective in this vital work, the Depart- strategy. U´ dara´s na Gaeltachta and the islands ment has sought to provide a co-ordinated section of my Department also support rural approach not only across the range of prog- tourism in various ways. rammes and measures for which it has direct responsibility but also with other Departments Questions Nos. 119 and 120 answered with and State agencies. Question No. 67. In the relatively short period since 2002, signifi- cant progress has been made and is recorded in Question No. 121 answered with Question the Department’s annual reports. We have No. 107. adapted and improved some of the programmes we inherited, we have introduced new prog- Rural Development. rammes, we have taken steps to ensure cohesion 122. Ms McManus asked the Minister for Com- between programmes and we have secured more munity, Rural and Gaeltacht Affairs the input he resources for investment in key areas such as will have on the formulation of Agri-Vision 2015; community development, rural development, and if he will make a statement on the matter. supports for volunteering and for the formation [10798/06] of social capital and tackling the problem of drugs misuse. The results of that can be seen in com- Minister for Community, Rural and Gaeltacht munities right around the country. We have also Affairs (E´ amon O´ Cuı´v): The Agri-Vision 2015 taken a series of measures to ensure that what we committee was established in January 2004 by the invest is targeted on areas of real need. Minister for Agriculture and Food and reported The new approach taken in 2002 is working and in November 2004. Significant work has been is delivering results and it is my intention that we done since the publication of the report in will continue with that approach. response to its recommendations to improve the competitiveness of the agri-food sector and to Tourism Industry. contribute to a healthy and vibrant rural econ- omy. The result is the Agri-Vision 2015 action 118. Dr. Upton asked the Minister for Com- plan which will be launched tomorrow, 22 March, munity, Rural and Gaeltacht Affairs the action by my colleague, the Minister for Agriculture and his Department is taking to support business Food, Deputy Coughlan. Many of the key recom- opportunities for farmers and SMEs in agri-tour- mendations contained in the report will be ism; and if he will make a statement on the reflected in the next national rural development matter. [5932/06] programme which will encompass EU priorities for the next generation of rural development Minister for Community, Rural and Gaeltacht policy. Affairs (E´ amon O´ Cuı´v): My Department funds, through the Leader companies, the area based National Drugs Strategy. rural development initiative, a sub-measure of the regional operational programmes aimed at pro- 123. Mr. S. Ryan asked the Minister for Com- viding support for the development of the munity, Rural and Gaeltacht Affairs the progress 1261 Questions— 21 March 2006. Written Answers 1262 that has been made to date with the emerging All of these practical measures will assist in needs fund in the work of drugs task forces; and consolidating the viability of the language. The if he will make a statement on the matter. Deputy will also appreciate that significant [10803/06 resources continue to be made available to sup- port the work of Foras na Gaeilge in promoting Minister of State at the Department of Com- Irish on an all-island basis. munity, Rural and Gaeltacht Affairs (Mr. N. Ahern): The emerging needs fund was devised to National Drugs Strategy. address an evolving situation in regard to the mis- use of drugs on a flexible basis, in the light of new 126. Mr. Gregory asked the Minister for Com- munity, Rural and Gaeltacht Affairs when a needs. To date I have allocated almost \850,000 decision will be made on the funding application under the emerging needs fund to 14 projects. by a group (details supplied) in Dublin 7 for its In the light of the substantially increased level drug rehabilitation project; and if he will make a of funding allocated in the Revised Estimates fig- statement on the matter. [10975/06] ures for drugs initiatives under my Department, I will shortly make further allocations under the Minister of State at the Department of Com- fund. The total allocation to projects under the \ munity, Rural and Gaeltacht Affairs (Mr. N. fund is likely to be in excess of 3 million. I look Ahern): I refer the Deputy to Priority Question forward to successful outcomes from the initiat- No. 61. ives that are allocated moneys under this fund. Machine Imports. Question No. 124 answered with Question No. 67. 127. Mr. Haughey asked the Taoiseach the number of petrol chainsaws, electric chainsaws, Irish Language. walk-behind petrol lawn mowers, lawn tractor mowers with rear engine and lawn tractor mow- 125. Mr. English asked the Minister for Com- ers with front mounted engine imported in 2005; munity, Rural and Gaeltacht Affairs when work and if he will make a statement on the matter. on the development of a strategy for the Irish lan- [10262/06] guage will be sanctioned; his views on whether the language is suffering due to the lack of a long- Minister of State at the Department of the term vision for it; and if he will make a statement Taoiseach (Mr. Kitt): The goods classification of on the matter. [10762/06] the European Union — the combined nomencla- ture CN — does not distinguish various types of Minister for Community, Rural and Gaeltacht lawn mowers and chainsaws in the manner Affairs (E´ amon O´ Cuı´v): As I have already indi- requested by the Deputy. However, Table 1 as cated in response to similar questions, the matter follows gives the descriptions of these goods that of the advisability of a 20 year strategic plan for are currently available at CN level, while Table 2 the Irish language has been amongst the issues identifies the units of each of these commodity which have been considered in general terms by types imported during 2005. For comparative pur- Fo´ ram na Gaeilge in its deliberations thus far. In poses data for 2004 are also provided. that context, the need for the development of a clear statement on the part of the Government Table 1 regarding the Irish language and its importance Mowers for lawns, parks or sports grounds as a whole has emerged as a key issue and con- siderable work is in hand on this matter. I hope CN Code to be able to advance the matter at a meeting of the fo´ ram in the near future. Powered, with the cutting device Substantial progress is being made to foster the rotating in a horizontal plane: language and to further underpin its viability 84331110 Electric since the publication of the Gaeltacht Com- Other: mission’s report in 2002. The Official Languages Self -propelled Act is benefiting both the Irish language and the Irish language community, and substantial pro- 84331151 With a seat gress has also been made regarding the status of 84331159 Other Irish in the European Union. A number of new 84331190 Other initiatives have been introduced in Gaeltacht Other: areas, including the language planning initiative, With motor: the scheme for language assistants, the expansion 84331910 Electric and development of the summer camps scheme as well as the development of public awareness Other: measures aimed at the Gaeltacht community in Self-propelled: particular. 84331951 With a seat 1263 Questions— 21 March 2006. Written Answers 1264

[Mr. Kitt.] within the employment rights and industrial CN Code relations division of the Department of Enterprise, Trade and Employment and from 84331959 Other information collected directly from other sources 84331970 Other by the Central Statistics Office. The details 84331990 Without motor requested by the Deputy are set out in the table. Other mowers, including cutter bars Number of Industrial Disputes relating to Union for tractor mounting: Recognition, 1995 to 2005 84332010 With motor Other: Year Disputes Firms Duration Average Designed to be carried on or hauled Duration by a tractor: 84332051 With the cutting device rotating in a 1995 Total 0 0 0 horizontal plane 1996 Total 1 1 7 84332059 Other 1997 Total 1 1 114 84332090 Other 1998 Total 3 3 6 Saws: 1999 Total 0 0 0 with self-contained electric motor: 2000 Total 1 1 1 84672210 Chainsaws 2001 Total 1 1 1 84672230 Circular saws 2002 Total 3 3 19 84672290 Other 2003 Total 1 1 56 84678100 Other chainsaws, including those 2004 Total 1 1 22 operated by petrol motor 2005 Total1 000 1 2005 figures relate to published data to the third quarter Table 2 only. Firms — Number of firms involved in each dispute. Average Duration— is given only where there is more than CN code 2004 2005 one dispute in a given year. Source: Industrial Disputes, Central Statistics Office. Units Units 84331110 14,645 19,705 Computerisation Programme. 84331151 20,154 28,323 129. Mr. Kenny asked the Taoiseach if the 84331159 6,966 10,342 development of the e-Cabinet project is com- 84331190 10,486 18,324 plete; if not, the reason therefor; and if he will 84331910 3,487 8,247 make a statement on the matter. [10094/06] 84331951 4,147 5,541 The Taoiseach: With the completion of the first 84331959 386 279 phase, e-Cabinet became operational in June 84331970 1,663 1,026 2004. Since then, it has hosted some 25,000 elec- 84331990 1,031 634 tronic transactions a year and has virtually elimin- 84332010 6,420 948 ated manual dissemination of Cabinet papers. 84332051 2,416 1,797 Further phases, adding functionality and improv- ing user experience, have been deployed since 84332059 3,850 881 then. Over 5,500 users are registered to the 84332090 482 91 system. 84672210 4,996 13,585 The final planned phase of the e-Cabinet pro- 84672230 28,262 35,603 ject was delivered to my Department at the end 84672290 50,398 49,917 of 2005. Testing of that final phase to ensure 84678100 14,279 17,616 operational stability and performance, which is technically complex, is nearing completion. The software is expected to be deployed and become Industrial Disputes. fully operational during March-April. Deploy- 128. Mr. Morgan asked the Taoiseach the ment will be accompanied by familiarisation number of strikes related to union recognition in briefing for key users across all Departments. The each of the past ten years; and the average dur- software developers are working under the terms ation of such strikes in each of those years. of a fixed price contract and final payment to [10909/06] them is contingent upon satisfactory testing and operation of the software in my Department. Minister of State at the Department of the The e-Cabinet system is one of the most com- Taoiseach (Mr. Kitt): Statistics on industrial dis- plex and innovative ICT projects undertaken in putes are compiled from details supplied by the the public sector to date and has won a number monitoring unit of the industrial relations section of prestigious awards. It has involved designing 1265 Questions— 21 March 2006. Written Answers 1266 and building a system that incorporates all Governments communicated their final proposals Departments, with different internal working for a comprehensive agreement, addressing these practices and technical infrastructures-configur- key issues, to the DUP and Sinn Fe´in in early ations. Although the impending deployment of December 2004. I received a letter on 7 the final phase of the e-Cabinet project marks the December from Sinn Fe´in in which it indicated project’s completion, as with any live system, it is that it could agree to the political package con- our intention to continually seek to improve the tained in the proposals of the two Governments. benefits and efficiencies that the system brings. Food Safety. 130. Mr. Kenny asked the Taoiseach the pro- gress to date in implementing the e-payments 132. Mr. Boyle asked the Ta´naiste and Minister strategy; when same will be fully implemented; for Health and Children if her attention has been and if he will make a statement on the matter. drawn to the complaints made against the [10098/06] Safefood agency regarding contracts. [10014/06]

The Taoiseach: In December 2004, the Minister of State at the Department of Health Government approved a memorandum dealing and Children (Mr. S. Power): The Food Safety with increasing the use of e-payments by Depart- Promotion Board — Safefood — is a North- ments and in the public sector. It was decided that South Implementation Body established under by the end of 2005, where possible, all Depart- the Good Friday Agreement; its remit is to pro- ments and offices would use electronic funds mote awareness and knowledge of food safety transfer, EFT, to make payments. In the case of issues on an all-island basis. I am not aware of my Department, EFT has been implemented as a complaints relating to contracts. However, I am payment method and is used to make payment advised that one unsuccessful software tenderer to all suppliers who have provided the necessary has raised a concern with Safefood regarding its authorisation details. Continuous efforts are participation in a recent tender for a laboratory being made to increase the number of payments information management system which was by EFT with a view to eventually making all pay- tendered and awarded using the EU restricted ments by this method. tendering procedure. Work is also progressing at a European level Responding to this concern, Safefood held a where the European Payments Council, an indus- debriefing meeting with the company in accord- try body, is leading an initiative aimed at creating ance with the European Union remedies a single European payment area, SEPA. This directive. Safefood further addressed the same initiative has the objective of eliminating any concern through freedom of information, FOI, effective distinction between a cross border pay- procedures under the FOI code of practice for ment and a domestic payment within the euro- North-South Bodies and Tourism Ireland Lim- zone. The intention is that as early as 2008, Euro- ited. Safefood has informed my Department that pean banks should be offering SEPA compliant it considers that it has fully and fairly discharged products to their customers. its duties regarding the unsuccessful tenderer’s This initiative is supported by the European concern. Commission and the European Central Bank. Ireland is participating with other member states Special Educational Needs. in Council negotiations on a proposed directive 133. Mr. Connolly asked the Ta´naiste and setting out a legal framework for payment Minister for Health and Children if improved services in the EU. This directive will provide the psychiatric, speech and language, physiotherapy necessary legislative backing for SEPA. However, and occupational therapy services will be pro- neither SEPA nor the directive apply to cheques, vided to schools to enable them to meet their which will remain a purely domestic payment responsibilities under the Education for Persons instrument. with Special Educational Needs Act 2004; and if she will make a statement on the matter. Northern Ireland Issues. [10105/06] 131. Mr. Quinn asked the Taoiseach if he received formal confirmation from any political Minister of State at the Department of Health party in Northern Ireland that that party accepted and Children (Mr. T. O’Malley): An integral part the December 2004 comprehensive agreement; of the national disability strategy is the imple- and if he will make a statement on the matter. mentation of the provisions of the two major [10387/06] legislative measures which have been enacted recently, that is, the Disability Act 2005 and the The Taoiseach: Intense efforts were made by Education for Persons with Special Educational both Governments in the latter half of 2004 to Needs Act 2004, both of which have significant broker an agreement on the key issues to be implications for the planning and delivery of resolved to finally and definitively assure peace health and personal social services for people and political stability in Northern Ireland. The with disabilities. Additional funding of \155 mil- 1267 Questions— 21 March 2006. Written Answers 1268

[Mr. T. O’Malley.] The OMC is putting arrangements in place lion has been allocated to services for people with with the Department of Social and Family Affairs disabilities in 2006. Of this funding, \59 million is to administer the supplement on its behalf on an being provided to meet costs associated with the agency basis. These arrangements will provide for various elements of this programme. the supplement to be made to parents in the same The bulk of the balance of the \41 million way as they receive their child benefit payments. revenue provided in 2006 is being used to The OMC expects the first payment, which would enhance the multi-disciplinary support services be due in July 2006, to be made in August with for people with disabilities, in line with the the subsequent quarterly payments this year Government’s commitment to build capacity expected to be made in October and December. within the health services to deliver on the var- The criteria governing eligibility for child ious legislative provisions contained in the benefit will be applied to the early child care sup- national disability strategy, with a priority in 2006 plement. As a result, parents in receipt of child on enhancing the assessment and support services benefit and with children aged under six years for children with disabilities. As outlined in the will automatically receive the supplement. Over multi-annual investment programme 2006-09, 350,000 children under the age of six are expected additional capital funding amounting to \55 mil- to benefit from the Supplement at an estimated \ \ lion is also being provided in 2006 to support cost in 2006 of 265 million rising to over 350 these developments. million in a full year. The OMC will be in contact with parents of eligible children shortly with details of the sup- General Register Office. plement and how it will be paid to them in the 134. Mr. Kenny asked the Ta´naiste and Mini- coming months. ster for Health and Children if a birth, death or marriage certificate can be applied for on-line; if Child Care Services. not, the reason this service is not available; and if 136. Mr. Kehoe asked the Ta´naiste and Mini- she will make a statement on the matter. ster for Health and Children the funding which is [10118/06] available for the building of a cre`che child care centre; the way in which a person can apply for Ta´naiste and Minister for Health and Children the funding; the criteria which must be met; and (Ms Harney): The administration of the civil if she will make a statement on the matter. registration system in Ireland, which includes the [10538/06] provision of certificates of life events on payment of the appropriate fees, rests with an tArd-Chla´- 137. Mr. Kehoe asked the Ta´naiste and Mini- raitheoir or Registrar General for births, deaths ster for Health and Children if child care funding and marriages. I have made inquiries of an tArd- for building cre`ches has been put on hold; the Chla´raitheoir and he advises me that his office, reason for same; when they will be open to appli- in consultation with the public services e-broker, cation again; and if she will make a statement on REACH, is in the final stages of the development the matter. [10552/06] of an on-line application system for certificates of life events. It is anticipated that the service will Minister of State at the Department of Health be operational by the end of June 2006. and Children (Mr. B. Lenihan): I propose to take Questions Nos. 136 and 137 together. Child Care Payments. The Government’s commitment to a major investment in child care services is reflected in 135. Mr. O’Connor asked the Ta´naiste and the fact that it has introduced a new \575 million Minister for Health and Children the arrange- national child care investment programme 2006- ments being put in place for the payment of the 10 in advance of the completion of its prede- new child care payment announced in budget cessor, the \499 million EU co-funded equal 2006; the criteria for payment; and if she will opportunities child care programme, EOCP, make a statement on the matter. [10236/06] 2000-06, which will continue to operate until the end of 2007. Consequently, while grant appli- Minister of State at the Department of Health cations under the EOCP continue to be pro- and Children (Mr. B. Lenihan): The Office of the cessed, new grant schemes under the national Minister for Children, OMC, has been given child care investment programme 2006-10 may be responsibility for the early child care supplement applied for. which is being introduced with effect from 1 April Responsibility for both the EOCP and the new 2006. The payment, which is non-taxable, will child care investment programme have been amount to \1,000 per annum and will be made to assigned to the new Office of the Minister for parents of all eligible children aged less than six Children, OMC, under the Minister of State, years, in quarterly instalments of \250. The sup- Deputy Brian Lenihan. The establishment of the plement will be paid where a child is eligible for OMC is an important development for children’s any part of a quarter. services as responsibility for key policy areas 1269 Questions— 21 March 2006. Written Answers 1270 affecting children, including child welfare and in County Kildare; and if she will make a state- protection, early years education, youth justice, ment on the matter. [10836/06] the national children’s strategy and the child care strategy, have been brought together in a single Minister of State at the Department of Health office under one Minister. and Children (Mr. S. Power): The Deputy’s ques- With regard to the national childcare invest- tion relates to the management and delivery of ment programme 2006-10, the necessary arrange- health and personal social services, which are the ments to implement the new programme are now responsibility of the Health Service Executive in place and new applications are being pro- under the Health Act 2004. Accordingly, the cessed. A key objective of the new programme is Department has requested the parliamentary to ensure the development of quality child care affairs division of the executive to arrange to have supports and services in a proactive way which this matter investigated and to have a reply issued takes account of identified local child care needs. directly to the Deputy. As a result, arrangements have been put in place to enable the initial developmental stage of grant Child Care Services. applications to be facilitated at local level by the 139. Ms Shortall asked the Ta´naiste and Mini- city and county child care committees, CCCs. ster for Health and Children the way in which Applications may be made by completing she intends to physically pay the early child care expression of interest forms and returning them supplement to parents; and if she will make a to the relevant local CCC. The expression of statement on the matter. [10903/06] interest forms are available from the CCCs and also from Pobal, www.pobal.ie, and the OMC, Minister of State at the Department of Health www.omc.gov.ie. Full contact details for the and Children (Mr. B. Lenihan): While the Office CCCs are available on the OMC website. Follow- of the Minister for Children, OMC, is responsible ing completion of the developmental and techni- for the early child care supplement, the adminis- cal stages of the assessment process, the appli- trative arrangements for the payment will be cations will be forwarded to the OMC for final dealt with by the Department of Social and appraisal and decision. Family Affairs, acting on an agency basis on As in the case of the EOCP, different levels of behalf of the OMC. large scale capital grants are available to private I understand that the Department of Social and and community-not for profit sector child care Family Affairs is taking the necessary steps to put providers under the new programme. Private sec- these arrangements in place and that these are at tor child care providers may apply for grant an advanced stage and will operate in a way assistance of up to \100,000 towards the capital which enables parents to receive the early child cost of developing a child care services in a catch- care supplement in the same way as they cur- ment area where there is a demonstrated child rently receive their child benefit payment. For care need. An applicant may apply for more than example, a parent receiving child benefit by one grant provided the subsequent child care means of an EFT transfer to his or her bank facilities are in different catchment areas and sub- account will receive the supplement, which will ject to an overall ceiling of \500,000. In each case, be paid on a quarterly basis, by this means also. an applicant must provide at least 25% of the I understand that full details of the arrange- total cost of the project. Community-not for pro- ments for the payment will be sent to parents of fit child care providers may apply for grant assist- eligible children in the coming weeks. ance up to a maximum of \1 million per project. Eligibility for grants under the national child Health Services. care programme 2006-10 will be determined hav- 140. Mr. O’Dowd asked the Ta´naiste and Mini- ing regard to an applicant’s rating across a range ster for Health and Children if the medical treat- of criteria each of which is intended to contribute ment received by a person (details supplied) in to the overall objectives of the programme. These County Louth will be investigated by her Depart- include the service being located in an area of ment; and if she will make a statement on the identified need for the type of service proposed, matter. [10028/06] its resulting in an increased provision of child care places for particular child care services, including Ta´naiste and Minister for Health and Children pre-school places aimed at three to four year olds (Ms Harney): Under the Medical Practitioners and school age child care, a focus on the needs Act 1978, the Medical Council was established as and development of the child and compliance the body with the responsibility for the regis- with regulatory and other legal obligations. tration of medical practitioners and the regu- lation of their activities. The Medical Council conducted an inquiry into the medical prac- Health Services. titioner referred to by the Deputy and by order 138. Mr. Durkan asked the Ta´naiste and Mini- of the High Court dated 2 September 2003 the ster for Health and Children if home help can be medical practitioner’s name was struck off the provided in the case of a person (details supplied) general register of registered medical prac- 1271 Questions— 21 March 2006. Written Answers 1272

[Ms Harney.] Health Services. titioners. Accordingly, the Medical Council has 143. Ms Shortall asked the Ta´naiste and Mini- completed its statutory function and has no ster for Health and Children her views on further role in relation to this medical prac- whether it is in order for a \45 charge to be titioner as he is no longer on the register. applied to a medical card holder for an eye test As you may be aware, the Government, at its in order that they can replace broken glasses; if meeting on 6 April 2004, gave its approval to the so, the statutory basis for same; the procedures terms of reference for a non-statutory inquiry currently in place between her Department and relating to certain events at Our Lady of Lourdes opticians to ensure that such charges do not fall Hospital by Judge Maureen Harding Clark. Fol- on the medical card holder; and if she will make lowing the recent publication of the Lourdes a statement on the matter. [10039/06] Hospital inquiry report, I have asked Judge Maureen Harding Clark to advise the Govern- Ta´naiste and Minister for Health and Children ment on an appropriate scheme of redress arising (Ms Harney): The ophthalmic scheme operated from the findings of her report. Judge Harding by the Health Service Executive entitles adult Clark will also advise on the cost of such a medical card holders and their adult dependants scheme and on a mechanism for ensuring the to a sight test and spectacles, free of charge, once maximum recoupment of such costs from wrong- every two years. The scheme also provides for the doers and indemnifiers. replacement of lost or broken spectacles, again at no cost to the client. 141. Ms McManus asked the Ta´naiste and As this question appears to relate to a part- Minister for Health and Children if she received icular individual and to the management and a letter from a group (details supplied); her views delivery of health and personal social services, on their request for retrospective diagnosis from which are the responsibility of the Health Service their consultant hepatologist stating that they had Executive under the Health Act 2004, the Deputy post viral syndrome; and the action she will take may wish to raise the matter directly with the with regard to the points raised in their letter. HSE. [10029/06]

Ta´naiste and Minister for Health and Children Health Service Staff. (Ms Harney): The issue of an extension of the 144. Mr. J. Higgins asked the Ta´naiste and Health (Amendment) Act 1996 to provide free Minister for Health and Children if the Health health care for the women referred to by the Service Executive will be directed to treat home Deputy has been carefully examined and advice helps on a par with all other health service taken from a number of relevant experts. employees by granting them written terms of While I am sympathetic to the women in ques- employment, eliminating zero hour contracts and tion, I cannot support an extension to the current by granting both patients and home helps enough eligibility requirements. This position was sig- hours to ensure a proper service prevails. nalled to the support group representing the [10048/06] women at a meeting that I had with them in February 2005. Following further analysis of the 185. Mr. Carey asked the Ta´naiste and Minister matter I confirmed my decision to the support for Health and Children if she will establish with group in September last. the Health Service Executive when it proposes to give effect to the agreement with SIPTU in April Hospital Services. 2005 on the issue of contracts to home helps 142. Ms McManus asked the Ta´naiste and where written contracts were to be issued based Minister for Health and Children the steps which on historic hours worked; and if she will make a have been taken at St. Colmcilles Hospital, statement on the matter. [10366/06] Loughlinstown, County Dublin, to combat the problems of lack of hygiene; if a hygiene nurse 210. Mr. Blaney asked the Ta´naiste and Mini- has been appointed; and if there is provision of ster for Health and Children if her attention has cleaning staff after 5 pm in the day. [10030/06] been drawn to the fact that despite Health Service Employers Agency concluding an agree- Ta´naiste and Minister for Health and Children ment with SIPTU in April 2005 to end zero hour (Ms Harney): The Deputy’s question relates to contracts and to issue home helps with written the management and delivery of health and per- contracts based on historic hours worked, the sonal social services, which are the responsibility Health Service Employers Agency has still not of the Health Service Executive under the Health delivered and continues to be in breach of the Act 2004. Accordingly, the Department has Terms of Employment Information Act 1994 and requested the parliamentary affairs division of subsequently 2001 and the Organisation of Work- the executive to arrange to have this matter inves- ing Time Act 1997; the action she intends to take tigated and to have a reply issued directly to the to have this matter rectified; and if she will make Deputy. a statement on the matter. [10437/06] 1273 Questions— 21 March 2006. Written Answers 1274

214. Mr. Ring asked the Ta´naiste and Minister the fact that it was assumed that negotiations for Health and Children if agreements and legal regarding those issues would have concluded by obligations to the home help service and to the December 2004. [10711/06] members who provide that service will be hon- oured; and when the agreement reached in April 254. Mr. Gregory asked the Ta´naiste and Mini- 2005 to end zero hour contracts and issue home ster for Health and Children when home helps helps with written contracts based on historic will be provided with written contracts by the hours worked will be honoured. [10454/06] Health Service Executive agency as required by the Terms of Employment Information Act 1994 228. Mr. McHugh asked the Ta´naiste and Mini- and the Organisation of Working Time Act 1997; ster for Health and Children if she will liaise with and if she will make a statement on the the Health Service Executive in order that agree- matter. [10721/06] ments and legal obligations of the Health Service Executive in relation to the home help service are 266. Mr. Lowry asked the Ta´naiste and Mini- honoured; and if she will make a statement on ster for Health and Children her views on corre- the matter. [10585/06] spondence (details supplied); the steps she will take to remedy the matter; and if she will make 229. Mr. McHugh asked the Ta´naiste and Mini- a statement on the matter. [10846/06] ster for Health and Children her views on the home health service and the agreement entered 267. Mr. Lowry asked the Ta´naiste and Mini- into with SIPTU in relation to zero hour con- ster for Health and Children her plans to enhance tracts; and if she will make a statement on the the home help service; if she will instruct the matter. [10586/06] HSEA to implement the April 2005 agreement to issue written contracts based on historic hours 230. Mr. McHugh asked the Ta´naiste and Mini- worked; and if she will make a statement on the ster for Health and Children when the agreement matter. [10847/06] entered into with SIPTU in relation to zero hour contracts will be implemented in full; and if she 274. Mr. Cregan asked the Ta´naiste and Mini- will make a statement on the matter. [10587/06] ster for Health and Children when the Health Service Executive will be issuing written contracts 234. Mr. Bruton asked the Ta´naiste and Mini- to home helps based on their hours worked as ster for Health and Children if her attention has agreed in April 2005; and if she will make a state- been drawn to the fact that home help workers ment on the matter. [10898/06] continue to be employed on zero hour contracts in breach of the Organisation of Working Time 278. Mr. Stanton asked the Ta´naiste and Mini- Act 1997; and if she has taken initiatives to bring ster for Health and Children the situation regard- this situation to an end which is in breach of the ing zero hour contracts where home helps are Government’s own policies. [10609/06] concerned; her plans to end zero hour contracts; and if she will make a statement on the 248. Mr. Penrose asked the Ta´naiste and Mini- matter. [10917/06] ster for Health and Children if she will take steps to ensure that the home help service is properly Ta´naiste and Minister for Health and Children funded and in particular that the home helps who (Ms Harney): I propose to take Questions Nos. provide the necessary service on the ground are 144, 185, 210, 214, 228, 229, 230, 234, 248, 250, afforded fair and reasonable treatment; and if she 251, 254, 266, 267, 274 and 278 together. will take steps to instruct the Health Service The Deputies’ questions relate to the manage- Executive authority to honour it’s agreement and ment and delivery of health and personal social legal obligation without further delay to stop tre- services, which are the responsibility of the ating the care of the elderly as an optional extra; Health Service Executive under the Health Act and if she will make a statement on the 2004. Accordingly, the Department has requested matter. [10690/06] the parliamentary affairs division of the executive to arrange to have these matters investigated and 250. Mr. O’Shea asked the Ta´naiste and Mini- to have replies issued directly to the Deputies. ster for Health and Children her proposals to I am, however, aware that a high level group address the concerns of home help workers has been established, with representatives from (details supplied); and if she will make a state- the Health Service Executive and staff represen- ment on the matter. [10707/06] tatives from SIPTU and IMPACT, to address issues pertaining to the standardisation of home 251. Mr. Allen asked the Ta´naiste and Minister help services. This group is due to have its first for Health and Children when a proper contract meeting on 23 March 2006. of employment will be given to home helps which An additional \33 million full year cost was would include provision for a pension scheme and allocated to the home help programme in budget the elimination of zero hour contracts in view of 2006, \30 million of which will be for 2006 with 1275 Questions— 21 March 2006. Written Answers 1276

[Ms Harney.] the executive to arrange to have this matter inves- the remaining \3 million in 2007, which will tigated and to have a reply issued directly to the enable the Health Service Executive to provide Deputy. an additional 1.75 million hours nationally in 2006. The additional resource will further Cancer Screening Programme. enhance the service and facilitate the expressed wish of many more older people to continue to 148. Mr. Connolly asked the Ta´naiste and live in their own homes for as long as possible. Minister for Health and Children her views on the necessity for a national cancer screening prog- Hospital Services. ramme; if she proposes to introduce such a prog- ramme; and if she will make a statement on the 145. Aengus O´ Snodaigh asked the Ta´naiste matter. [10108/06] and Minister for Health and Children the position regarding the case of a person (details Ta´naiste and Minister for Health and Children supplied). [10057/06] (Ms Harney): National population based screen- ing programmes for cancer are considered where Ta´naiste and Minister for Health and Children clear evidence exists of benefit to the health of (Ms Harney): The Deputy’s question relates to the whole population to be screened. There is evi- the management and delivery of health and per- dence in relation to some specific cancers which sonal social services, which are the responsibility show that population based screening can of the Health Service Executive under the Health improve population health in terms of survival, Act 2004. Accordingly, the Department has morbidity and quality of life. Population based requested the parliamentary affairs division of screening programmes for two specific cancers, the executive to arrange to have this matter inves- breast and cervical, have demonstrated their effi- tigated and to have a reply issued directly to the cacy and planning is underway for the national Deputy. roll out of these two programmes to all regions in the country. 146. Mr. Allen asked the Ta´naiste and Minister I received a Strategy for Cancer Control in for Health and Children the progress being made Ireland 2006 from the Chairman of the National on the setting up of a regional acute unit for the Cancer Forum in January this year. As part of National Rehabilitation Centre which was prom- this work, the forum developed a framework for ised several years ago to be located at St. Mary’s evidence based decision making in relation to the Orthopaedic Hospital, Gurranbraher, Cork; and introduction of population based screening prog- if she will make a statement on the matter. rammes. I am examining the strategy with a view [10063/06] to bringing proposals to Government. I expect to have the strategy published shortly. Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- Hospital Staff. sonal social services, which are the responsibility 149. Mr. Connolly asked the Ta´naiste and of the Health Service Executive under the Health Minister for Health and Children her plans to Act 2004. Accordingly, the Department has increase the number of neurologists per capita; requested the parliamentary affairs division of and if she will make a statement on the the executive to arrange to have this matter inves- matter. [10112/06] tigated and to have a reply issued directly to the Deputy. 176. Mr. Connolly asked the Ta´naiste and Minister for Health and Children if she has satis- Hospital Waiting Lists. fied herself with the adequacy of neurological 147. Mr. Penrose asked the Ta´naiste and Mini- services here; her views on whether the service ster for Health and Children the steps she will could be enhanced or improved; and if she will take to have a person (details supplied) in County make a statement on the matter. [10310/06] Westmeath immediately admitted to St. James’s Hospital, Dublin, for urgent medical treatment 263. Caoimhghı´nO´ Caola´in asked the Ta´naiste which is necessitated by their medical condition; and Minister for Health and Children the steps and if she will make a statement on the she is taking to improve neurology services here; matter. [10072/06] and if she will make a statement on the matter. [10843/06] Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to 295. Mr. Connolly asked the Ta´naiste and the management and delivery of health and per- Minister for Health and Children her views on sonal social services, which are the responsibility whether the ratio of neurologists to patients here of the Health Service Executive under the Health at one for 250,000 people, or 16 overall, is the Act 2004. Accordingly, the Department has worst in Europe; if she appreciates that one for requested the parliamentary affairs division of 100,000 persons is an optimum minimum require- 1277 Questions— 21 March 2006. Written Answers 1278 ment for a basic neurological service in view of units will commence during 2006, one in the mid the fact that the norm in Europe is one per 40,000 west, one in the north west and one in the south people; the steps she proposes to increase the east, with the appointment of multidisciplinary number of neurologists to a realistic level; and if teams comprising consultant neurologists and she will make a statement on the matter. support staff. [11115/06] The HSE will also be investing in neurophysi- ology services in 2006, with the development of Ta´naiste and Minister for Health and Children an innovative teleneurophysiology link between (Ms Harney): I propose to take Questions Nos. Sligo General Hospital and Beaumont Hospital. 149, 176, 263 and 295 together. This initiative is designed to reduce waiting times As part of the Estimates for health services in for diagnostic testing. 2006, additional funding of \3 million was allo- cated specifically for the further development of Medical Cards. neurology and neurophysiology services. This 150. Mr. Connolly asked the Ta´naiste and funding was provided to allow the Health Service Minister for Health and Children the number of Executive to further progress the implementation persons covered by medical cards in each year of the recommendations made by the former since 2000; the percentage of the total population Comhairle na nOspide´al in respect of these this represents; the numbers who have availed of services. The comhairle report, which has been the doctor only medical card in 2005; and if she published, recommended significant enhance- will make a statement on the matter. [10113/06] ment of services, including the appointment of additional consultants. While reaching the full Ta´naiste and Minister for Health and Children complement of consultant posts as recommended (Ms Harney): Information supplied to my will take some time, major improvements in pati- Department by the Health Service Executive’s, ent care can be achieved in the shorter term HSE, shared services primary care reimburse- through a combination of additional consultant ment service indicates that the following number posts and the appointment of a number of clinical of persons held a medical card in December of nurse specialists and allied health professionals. the relevant years. The national population fig- My Department is advised by the executive ures for the years 2003, 2004 and 2005 are as esti- that the development of three new neurology mated by the Central Statistics Office:

Year No. of persons covered by a Population % of population medical card

2000 1,148,055 3,786,900 30.32 2001 1,199,454 3,838,900 31.24 2002 1,168,745 3,917,336 29.84 2003 1,158,143 3,978,900 29.11 2004 1,148,914 4,043,800 28.41 2005 1,159,397 4,130,700 28.07

The HSE has advised that on 1 December 2005, or persons moving from one board area to some 2,824 people held a GP visit card. The another with a certain proportion removed due executive has also indicated that, as of 14 March to being duplicates or expired records. 2006, some 11,177 people hold a GP visit card. Changes in the number of medical cards can Drugs Payment Scheme. largely be explained by a number of factors 151. Mr. Kehoe asked the Ta´naiste and Mini- including the introduction of automatic eligibility ster for Health and Children the reason a drug to medical cards for people aged 70 and over in (details supplied) is no longer available; if her 2001. Other factors which have contributed to the Department has plans to reintroduce this drug; changes include the increased number of people and if she will make a statement on the in employment and the improved economic matter. [10130/06] situation nationally with people on higher wages. Also the ongoing management and review of Ta´naiste and Minister for Health and Children medical card databases has been a factor which (Ms Harney): The common list of reimbursable has improved data quality in the HSE’s data- medicines for the general medical services and bases. For example a cleansing exercise under- drug payment schemes is reviewed and amended taken by the former health boards in 2003 monthly, as new products become available and resulted in the removal of approximately 104,000 deletions are notified. For an item to be included cards. Most of these cards would have been con- on the list, it must comply with published criteria, sidered by the health boards to be normal including authorisation status as appropriate, deletions due to death, change in eligibility status price and, in certain cases, the intended use of the 1279 Questions— 21 March 2006. Written Answers 1280

[Ms Harney.] Hospital Services. product. In addition, the product should ordi- 153. Mr. F. McGrath asked the Ta´naiste and narily be supplied to the public only by medical Minister for Health and Children the reason a prescription and should not be advertised or pro- person (details supplied) was on a trolley at moted to the public. Beaumont Hospital and was treated in such a My Department was advised by the manufac- manner; and if this practice will be ended turers in 2003 that the product referred to by the immediately. [10143/06] Deputy had been discontinued and that it should be removed from the common list. This was a Ta´naiste and Minister for Health and Children commercial decision taken by the company con- (Ms Harney): The Deputy’s question relates to cerned as it considered that the product was no the management and delivery of health and per- longer viable. The Irish Medicines Board indi- sonal social services, which are the responsibility cated at the time that newer and more efficient of the Health Service Executive under the Health products were available. Act 2004. Accordingly, the Department has requested the parliamentary affairs division of Pharmacy Regulations. the executive to arrange to have this matter inves- 152. Caoimhghı´nO´ Caola´in asked the Ta´naiste tigated and to have a reply issued directly to the and Minister for Health and Children if there are Deputy. means by which a pharmacist trained outside the EEA, Australia or New Zealand may register to Health Services. practise here; and if she will make a statement on 154. Mr. Hayes asked the Ta´naiste and Mini- the matter. [10138/06] ster for Health and Children if respite care has been provided to a person (details supplied) in Ta´naiste and Minister for Health and Children County Tipperary. [10147/06] (Ms Harney): To be eligible to register as a phar- macist in Ireland, a candidate must have com- Minister of State at the Department of Health pleted a recognised degree in pharmacy and have and Children (Mr. T. O’Malley): The Deputy’s undergone a year’s training in practice. The Phar- question relates to the management and delivery maceutical Society of Ireland, PSI, is the pro- of health and personal social services, which are fessional organisation for pharmacy in Ireland. the responsibility of the Health Service Executive All practising pharmacists in Ireland must be under the Health Act 2004. Accordingly, the registered with the PSI. Department has requested the parliamentary Pharmacists from outside the EU/EEA, affairs division of the executive to arrange to have Australia or New Zealand are registered under this matter investigated and to have a reply issued the adjudication route of the society. However, directly to the Deputy. the PSI has experienced difficulties in the oper- ation of this route of registration. In order to Health Services Staff. address these difficulties, the PSI submitted a 155. Mr. Bruton asked the Ta´naiste and Mini- proposal for amended regulations to the Minister ster for Health and Children her policy in relation at that time. However, the PSI’s proposals for to working beyond the age of 65; if the Health amended regulations are not possible under cur- Service Executive facilitates working beyond 65; rent legislation and an amendment to the Phar- and if she will make a statement on the macy Act is required. The PSI has suspended the matter. [10155/06] adjudicating route of registration and are unable, at this time, to consider any application for regis- Ta´naiste and Minister for Health and Children tration under this route. (Ms Harney): The Public Service Superannuation A Government decision was taken in June 2005 (Miscellaneous Provisions) Act 2004 removed the to introduce new pharmacy legislation. The legis- compulsory retirement age of 65 for new entrant lation will take the form of a bill which will public servants recruited after 1 April 2004. For remove the ‘derogation’ on EU-EEA qualified existing employees, defined in the Act as non new pharmacists, introduce fitness to practice regu- entrant public servants, the maximum retirement lations and give an appropriate statutory basis for age remains 65. the PSI. It will also address the problems with However, public health service employees who adjudication route of registration. My Depart- have retired are sometimes re-employed on con- ment is at an advanced stage in drawing up the tract for various periods and have a very useful heads and general scheme of a pharmacy fitness contribution to make. This generally occurs to practice Bill and I intend to take a memor- where vacancies have arisen in particular sectors andum to Government in the very near future, due to a shortage of skilled personnel. My seeking approval for the draft heads and general Department issued a circular last October which scheme and requesting that the legislation be changed the method of calculation of pension referred to the parliamentary counsel’s office for abatement in these cases. In general, this means formal drafting of the Bill. that where it is necessary to re-employ pensioners 1281 Questions— 21 March 2006. Written Answers 1282 this can be done on the basis that they can earn, visit a person (details supplied) in County Cork in effect, up to half what they would have earned who had applied to Cork County Council for a in their previous position before their pension is disabled persons grant, the occupational therapist reduced. has not yet called; and if she will arrange for the occupational therapist to call without further Hospital Services. delay. [10207/06]

156. Mr. J. Breen asked the Ta´naiste and Mini- Minister of State at the Department of Health ster for Health and Children if her attention has and Children (Mr. T. O’Malley): Having made been drawn to the ongoing serious overcrowding inquiries regarding this matter I have been at Ennis General Hospital; if her attention has informed by the Health Services Executive that further been drawn to the fact that the front door the person (details supplied) was assessed by the of the hospital was closed last week due to occupational therapist for disabled persons grant patients lying on trolleys in the reception area; if on 17 December 2004 and a report was forwarded health and safety standards were breached on this to Cork County Council on 17 January 2005. occasion; and if she will make a statement on the matter. [10168/06] Health Expenditure. Ta´naiste and Minister for Health and Children 159. Mr. Sherlock asked the Ta´naiste and Mini- (Ms Harney): The Deputy’s question relates to ster for Health and Children the original financial the management and delivery of health and per- allocation for 2003, 2004, and 2005 in respect of sonal social services, which are the responsibility Cork University Hospital, South Infirmary- of the Health Service Executive under the Health Victoria Hospital, Mercy Hospital, and Mallow Act 2004. Accordingly, the Department has General Hospital; the number of inpatients requested the parliamentary affairs division of treated at each hospital during the same period; the executive to arrange to have this matter inves- the average duration of stay; the number of tigated and to have a reply issued directly to the inpatient days; the estimated daily cost per Deputy. inpatient; and if she will make a statement on the matter. [10217/06] Health Services. 157. Mr. Kenny asked the Ta´naiste and Mini- Ta´naiste and Minister for Health and Children ster for Health and Children the reason no facili- (Ms Harney): The Deputy’s question relates to ties exist within the Republic of Ireland where the management and delivery of health and per- patients with a known latex allergy or a suspected sonal social services, which are the responsibility latex allergy can receive even routine dental of the Health Service Executive under the Health treatment; if she will confirm that patients with Act 2004. Accordingly, the Department has such allergy or suspected allergy are being trans- requested the parliamentary affairs division of ferred to Great Britain for treatment; if this hap- the executive to arrange to have this matter inves- pens due to the fact that currently no intensive tigated and to have a reply issued directly to the care unit facilities or latex free environments are Deputy. available in which patients can be treated here; her views on whether this situation is acceptable; Hospital Waiting Lists. and if she will make a statement on the 160. Mr. Ring asked the Ta´naiste and Minister matter. [10204/06] for Health and Children when a person (details supplied) in County Mayo will be provided with Ta´naiste and Minister for Health and Children a bed in a hospital in Galway. [10233/06] (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- Ta´naiste and Minister for Health and Children sonal social services, which are the responsibility (Ms Harney): The Deputy’s question relates to of the Health Service Executive under the Health the management and delivery of health and per- Act 2004. Accordingly, the Department has sonal social services, which are the responsibility requested the parliamentary affairs division of of the Health Service Executive under the Health the executive to arrange to have this matter inves- Act 2004. Accordingly, the Department has tigated and to have a reply issued directly to the requested the parliamentary affairs division of Deputy. the executive to arrange to have this matter inves- tigated and to have a reply issued directly to the Services for People with Disabilities. Deputy. 158. Mr. N. O’Keeffe asked the Ta´naiste and Minister for Health and Children if her attention 161. Mr. Kehoe asked the Ta´naiste and Mini- has been drawn to the fact that despite requests ster for Health and Children the length of time a to the Health Service Executive, Southern region, person (details supplied) in County Wexford will on 26 July 2004, 17 November 2004 and 6 be waiting for an appointment to see the special- December 2005 for the occupational therapist to ist; the efforts being made to reduce waiting 1283 Questions— 21 March 2006. Written Answers 1284

[Mr. Kehoe.] from the common list of reimbursable drugs and times; and if she will make a statement on the medicines when the manufacturer advised my matter. [10234/06] Department that, because of problems in the manufacturing process, they had become tempor- Ta´naiste and Minister for Health and Children arily unavailable both in Ireland and the UK. The (Ms Harney): The Deputy’s question relates to manufacturer has informed my Department that the management and delivery of health and per- the problems with one of the products, Cytamen, sonal social services, which are the responsibility have now been resolved and it will now be of the Health Service Executive under the Health restored to the common list. Neo-cytamen is still Act 2004. Accordingly, the Department has unavailable. requested the parliamentary affairs division of An alternative product, Cobalin H, is available the executive to arrange to have this matter inves- in community pharmacies for people who have tigated and to have a reply issued directly to the been prescribed the original product. Cobalin H Deputy. is reimbursable under the drug payment scheme. It is a matter for the relevant area of the Health Child Care Services. Service Executive to make arrangements for its 162. Mr. Bruton asked the Ta´naiste and Mini- reimbursement when prescribed for and dis- ster for Health and Children the Government pensed to medical cardholders. policy regarding child protection and family sup- port in respect of asylum seeking families; if a Medical Cards. case worker is appointed where issues of child 164. Mr. Kehoe asked the Ta´naiste and Mini- protection arise; if that case officer continues to ster for Health and Children the number of appli- deal with the case if the family is separated to cations that were received by her Department for different parts of the country; if such a separation medical cards over the past five years that were has a fixed review date; if there are clear proto- not granted; the number of medical cards that cols for dealing with requests for family reunifi- were not renewed or extended over the same cation when it is appropriate to do so; and if she period; and the percentage of new medical cards will make a statement on the matter. [10243/06] granted since 2002 which were for families with children. [10253/06] Minister of State at the Department of Health and Children (Mr. B. Lenihan): The Department Ta´naiste and Minister for Health and Children of Justice, Equality and Law Reform, through the (Ms Harney): The Deputy’s question relates to Reception and Integration Agency, is responsible the management and delivery of health and per- for providing accommodation and services to asy- sonal social services, which are the responsibility lum seeking families. Where a child protection of the Health Service Executive under the Health issue arises within these arrangements, the Child Act 2004. Accordingly, the Department has Protection Policy for Accommodation Centres, requested the parliamentary affairs division of which I launched in October of last year, is the executive to arrange to have this matter inves- implemented and a referral is made to the Health tigated and to have a reply issued directly to the Service Executive. Under the provisions of the Deputy. Child Care Act 1991 the Health Service Execu- tive is responsible for promoting the welfare of Hospital Services. children who are not receiving adequate care and protection and, if necessary, the placing of these 165. Mr. Wall asked the Ta´naiste and Minister children in the care of the State. for Health and Children the reason the x-ray unit Accordingly, my Department has transferred at St. Vincent’s Hospital, Athy, County Kildare, your question to the parliamentary affairs div- is not in operation; when the problems will be ision of the executive and has asked them to issue resolved; and if she will make a statement on the you with a detailed reply to the specific matters matter. [10269/06] you have raised which are of an operational matter. Minister of State at the Department of Health and Children (Mr. S. Power): The Deputy’s ques- Medicinal Products. tion relates to the management and delivery of health and personal social services, which are the 163. Mr. Costello asked the Ta´naiste and Mini- responsibility of the Health Service Executive ster for Health and Children her proposals to under the Health Act 2004. Accordingly, the facilitate patients who are prescribed vitamin B12 Department has requested the parliamentary injections for pernicious anaemia and who can no affairs division of the executive to arrange to have longer find the product; and if she will make a this matter investigated and to have a reply issued statement on the matter. [10247/06] directly to the Deputy. Ta´naiste and Minister for Health and Children Mental Health Services. (Ms Harney): The vitamin B12 products con- cerned, Cytamen/Neo-cytamen, were removed 166. Mr. Stanton asked the Ta´naiste and Mini- 1285 Questions— 21 March 2006. Written Answers 1286 ster for Health and Children the structure of the ster for Health and Children if her attention has child and adolescent psychiatric services in each been drawn to the case of a person (details Health Service Executive area as described in supplied) in Dublin 7. [10277/06] Parliamentary Question No. 233 of 31 January 2006; the number awaiting services in each Ta´naiste and Minister for Health and Children respective area; the number awaiting assessment (Ms Harney): The Deputy’s question relates to in each respective area; her plans to further the management and delivery of health and per- expand the services available; and if she will sonal social services, which are the responsibility make a statement on the matter. [10271/06] of the Health Service Executive under the Health Act 2004. Accordingly, the Department has Minister of State at the Department of Health requested the parliamentary affairs division of and Children (Mr. T. O’Malley): The Deputy’s the executive to arrange to have this matter inves- question relates to the management and delivery tigated and to have a reply issued directly to the of health and personal social services, which are Deputy. the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Child Care Services. Department has requested the parliamentary affairs division of the executive to arrange to have 170. Mr. Gregory asked the Ta´naiste and Mini- this matter investigated and to have a reply issued ster for Health and Children the financial assist- directly to the Deputy. ance that can be given to a person (details supplied) in Dublin 7 for the full-time care of their three grandchildren; if an allowance similar Hospital Services. to a fostering allowance is payable in addition to 167. Mr. Stanton asked the Ta´naiste and Mini- the normal children’s allowance; if not, the steps ster for Health and Children the number of this person must take to foster the children; and hospital beds in each Health Service Executive if she will make a statement on the matter. area dedicated exclusively to adolescents at [10282/06] present; her plans and timescale for same to increase this number; and if she will make a state- Minister of State at the Department of Health ment on the matter. [10272/06] and Children (Mr. B. Lenihan): The Deputy’s question relates to the management and delivery Ta´naiste and Minister for Health and Children of health and personal social services, which are (Ms Harney): The Deputy’s question relates to the responsibility of the Health Service Executive the management and delivery of health and per- under the Health Act 2004. Accordingly, the sonal social services, which are the responsibility Department has requested the parliamentary of the Health Service Executive under the Health affairs division of the executive to arrange to have Act 2004. Accordingly, the Department has this matter investigated and to have a reply issued requested the parliamentary affairs division of directly to the Deputy. the executive to arrange to have this matter inves- The foster care allowance can only be paid in tigated and to have a reply issued directly to the respect of children who are taken into the care of Deputy. the Health Service Executive under the Child Care Act 1991 and placed in foster care or rela- Medical Cards. tive care in accordance with the Child Care Regu- lations 1995. 168. Mr. Ardagh asked the Ta´naiste and Mini- ster for Health and Children the reason people in The issue of relative care was dealt with in Ballyfermot who are on the medical card are find- detail in the 2001 report of the working group ing it increasingly difficult to have their dentures entitled Foster Care — A Child Centred Partner- looked after by dentists (details supplied). ship. The report sets out a number of basic prin- [10276/06] ciples that should guide placements with relatives. These are: that the best interests of the child are Ta´naiste and Minister for Health and Children paramount; that the child should be placed only (Ms Harney): The Deputy’s question relates to in an appropriate, safe, healthy and stable envir- the management and delivery of health and per- onment; that the standard of care must be equiv- sonal social services, which are the responsibility alent to that provided in a traditional foster care of the Health Service Executive under the Health arrangement; that relative placements should Act 2004. Accordingly, the Department has only be made where a secure attachment exists requested the parliamentary affairs division of or has the potential to develop between the child the executive to arrange to have this matter inves- and the relative concerned; that a partnership tigated and to have a reply issued directly to the approach should be used in developing skills and Deputy. supports for relatives providing foster care; and that placements should not be made as a means to provide income support. Hospital Services. The working group considered the possibility 169. Mr. Crowe asked the Ta´naiste and Mini- that some children are placed in the care of the 1287 Questions— 21 March 2006. Written Answers 1288

[Mr. B. Lenihan.] Health Insurance. health boards in order to provide income support 173. Mr. O’Connor asked the Ta´naiste and for the family in relation to the child. The group Minister for Health and Children if the term of was strongly of the view that such a practice office of the first Health Insurance Authority has would be highly inappropriate. Income support is expired; if not, when she expects it to expire; a matter for the Department of Social and Family when she proposes to announce the composition Affairs and those in need of such support should of a new authority; and if she will make a state- contact that Department. The working group ment on the matter. [10289/06] stated that children should only be brought into the care of the health boards if they meet the Ta´naiste and Minister for Health and Children criteria regarding the need for care and protec- (Ms Harney): The term of office of the first tion set out in the Child Care Act. In addition, Health Insurance Authority expired on 31 the choice of placement of any child in the care January 2006. I appointed the following as system should be based on the particular child’s members of the new authority from 1 February individual best interests. 2006: Mr. Jimmy Joyce, Chairman; Ms Mary Under the current legislation, the Health Doyle; Ms Anne Maher and Mr. Aidan Service Executive must assess the needs of a child O’Donnell. Arrangements are in train for the placed in care and the suitability of the prospec- appointment of a fifth member. tive foster or relative carers, and draw up a child care plan. The implementation of the child care Health Services. plan places significant responsibilities and duties 174. Ms Cooper-Flynn asked the Ta´naiste and on foster carers, whether relatives or non-rela- Minister for Health and Children if a person diag- tives. The foster care allowance is paid in recog- nosed with Down’s syndrome will qualify for a nition of these additional responsibilities and the mobility allowance; and if not, the criteria they additional costs of looking after foster children. fail to meet. [10296/06]

Hospital Services. Minister of State at the Department of Health 171. Mr. Wall asked the Ta´naiste and Minister and Children (Mr. T. O’Malley): The Deputy’s for Health and Children when a person (details question relates to the management and delivery of health and personal social services, which are supplied) in County Kildare will be allocated an the responsibility of the Health Service Executive appointment; and if she will make a statement on under the Health Act 2004. Accordingly, my the matter. [10286/06] Department has requested the parliamentary affairs division of the executive to arrange to have Ta´naiste and Minister for Health and Children this matter investigated and to have a reply issued (Ms Harney): The Deputy’s question relates to directly to the Deputy. the management and delivery of health and per- sonal social services, which are the responsibility 175. Ms B. Moynihan-Cronin asked the of the Health Service Executive under the Health Ta´naiste and Minister for Health and Children if Act 2004. Accordingly, the Department has she will meet with public representatives and a requested the parliamentary affairs division of committee lobbying for the 14-bed extension to the executive to arrange to have this matter inves- Kenmare Community Hospital in County Kerry tigated and to have a reply issued directly to the at the earliest opportunity; and if she will make a Deputy. statement on the matter. [10297/06]

172. Mr. McGinley asked the Ta´naiste and Ta´naiste and Minister for Health and Children Minister for Health and Children her Depart- (Ms Harney): I advise the Deputy that the plan- ment’s plans in relation to cancer services at ning and delivery of health and personal social Letterkenny General Hospital and the appoint- services is a matter for the Health Service Execu- ment of a breast care surgeon; and if she will tive in the first instance. This includes identifying make a statement on the matter. [10288/06] priorities for the development of a capital prog- ramme for the health system. Accordingly, it is Ta´naiste and Minister for Health and Children more appropriate for discussions to be held with (Ms Harney): The Deputy’s question relates to the HSE with regard to this proposal. the management and delivery of health and per- sonal social services, which are the responsibility Question No. 176 answered with Question of the Health Service Executive under the Health No. 149. Act 2004. Accordingly, the Department has requested the parliamentary affairs division of Speech and Language Therapists. the executive to arrange to have this matter inves- 177. Mr. Connolly asked the Ta´naiste and tigated and to have a reply issued directly to the Minister for Health and Children the number of Deputy. speech and language therapists employed in the 1289 Questions— 21 March 2006. Written Answers 1290 various regions of the Health Service Executive; the public health service has contributed to an her views on whether this number is adequate in increase of 266, or 95%, speech and language view of lengthening waiting lists here; her pro- therapists over the number employed at the end posals to increase the number of therapists of December 1997, and reflects significant through recruitment or training; and if she will increases in the numbers employed in pro- make a statement on the matter. [10311/06] motional grades. At the end of September 2005, 548 whole-time equivalent speech and language Ta´naiste and Minister for Health and Children therapists were employed in the public health (Ms Harney): Additional investment in speech service In addition, three new speech and langu- and language therapy services in recent years, age therapy courses commenced in the 2003-04 coupled with enhancements in the professional academic year in UCC, NUIG and UL. In total, training, career development and remuneration these courses provide an additional 75 training of these therapists, have led to significant places in speech and language therapy. This improvements in staffing levels. These devel- expansion in training numbers was identified in opments are in line with the recommendations the Bacon report as sufficient to meet the long- made by the expert group on various health pro- term demand supply balance for speech and lang- fessions which included new pay scales and uage therapists in Ireland. The first graduates enhanced career structures. from the two year Masters course in UL com- In general, developments such as pay increases, pleted their studies in June, 2005. The first gradu- improvements in career structure and enhanced ates from the BSc courses in UCC and NUIG will opportunities for professional and career graduate in 2007. development have all supported increased staff- Essential to the successful roll-out of these ing levels for key health and social care pro- additional training places is the provision of fessions, including speech and language thera- sufficient quality clinical placements in speech pists. The implementation of the pay and language therapy. The funding I provided recommendations of the public service bench- this year, along with that allocated in the past two marking body made a further important contri- years, will enable the Health Service Executive, bution to recruitment and improved retention. working with my Department, to put in place the The continued implementation of the action plan enhanced structures necessary to ensure that for people management, a key action under the students will have access to a sustainable, high- health strategy, has a crucial role in improving quality clinical training model. The number of retention and reducing turnover of skilled staff. speech and language therapists employed in the The success of the intensive efforts to improve various regions of the Health Service Executive staffing levels in speech and language therapy in is set out in the following table.

Speech and Language Therapists employed in the Public Health Service

Former Health Board Area End 1997 End September Change 1997 to end % change 1997 to 2005 September 2005 end September 2005

Eastern 117 211 93 79.76 Midland 22 46 25 114.56 Mid-Western 24 24 10 41.08 North-Eastern 17 39 22 134.20 North-Western 19 28 10 51.89 South-Eastern 32 56 24 76.88 Southern 28 84 56 200.29 Western 24 50 26 108.49

Total 282 548 266 94.56 Source: Health Service Personnel Census at 31 December Note: All figures are expressed as wholetime equivalents.

Services for People with Disabilities. provide the Deputy with the information 178. Mr. Collins asked the Ta´naiste and Mini- requested as my Department does not have a ster for Health and Children if she will provide a complete schedule of all national groups, recog- complete schedule of all national disability nised groups or groups who represents all individ- groups here; and also a schedule of the recog- ual groups for each form of disability. However, nised group or groups which represent the indi- the information the Deputy seeks may be avail- vidual groups for each form of disability. able in the Comhairle “Directory of National [10324/06] Voluntary Organisations and other Agencies”. As this is a matter for the Health Service Execu- Minister of State at the Department of Health tive, my Department has requested the and Children (Mr. T. O’Malley): I am unable to 1291 Questions— 21 March 2006. Written Answers 1292

[Mr. T. O’Malley.] if she will make a statement on the matter. parliamentary affairs division of the executive to [10340/06] arrange to have this matter investigated and to have a reply issued directly to the Deputy. Ta´naiste and Minister for Health and Children (Ms Harney): I recently received the HSE Capital Emergency Planning Measures. Plan 2006, including further information sub- sequently sought by my Department on certain 179. Mr. Connolly asked the Ta´naiste and aspects of this. The plan, which includes the pro- Minister for Health and Children the state of pre- paredness of hospitals to cope with major disas- posed development at Dingle Community ters, for example train or air crashes, where mul- Hospital, is being considered by my Department, tiple casualties would result, in view of the in conjunction with the Department of Finance. I overcrowded and overstretched state of accident expect to be in a position to revert to the HSE in and emergency departments of the hospitals here; the near future on agreement on the plan, includ- and if she will make a statement on the ing a decision on progressing this project. matter. [10325/06] Health Services. Ta´naiste and Minister for Health and Children 182. Mr. McGuinness asked the Ta´naiste and (Ms Harney): As part of the health reform prog- Minister for Health and Children if she will ramme, a national office of emergency planning increase the subvention being awarded to a per- was established within the Health Service Execu- son (details supplied) in County Kilkenny; and if tive, HSE. Acute hospitals have emergency plans she will expedite a response. [10351/06] designed to cope with a surge in capacity require- ment arising from a major emergency. The plans Minister of State at the Department of Health involve calling in off-duty doctors, nurses and and Children (Mr. S. Power): The Deputy’s ques- other staff, opening additional areas to receive and treat casualties, cancelling admissions and tion relates to the management and delivery of discharging patients to free capacity. health and personal social services, which are the The Government framework for a co-ordinated responsibility of the Health Service Executive response to major emergencies was recently under the Health Act 2004. Accordingly, the reviewed by an interdepartmental group, chaired Department has requested the parliamentary by the Department of the Environment, Heritage affairs division of the executive to arrange to have and Local Government. This group also included this matter investigated and to have a reply issued representation from the Departments of Health directly to the Deputy. and Children and Justice, Equality and Law Reform. The revised framework will be presented 183. Mr. McGuinness asked the Ta´naiste and to the Government shortly. Minister for Health and Children if a medical card will be approved for a person (details Health Services. supplied) in County Kildare. [10352/06]

180. Mr. Connolly asked the Ta´naiste and Ta´naiste and Minister for Health and Children Minister for Health and Children if palliative care (Ms Harney): The Deputy’s question relates to services will be developed in each Health Service the management and delivery of health and per- Executive region; her proposals in this regard; sonal social services, which are the responsibility and if she will make a statement on the of the Health Service Executive under the Health matter. [10326/06] Act 2004. Accordingly, my Department has requested the parliamentary affairs division of Minister of State at the Department of Health the executive to arrange to have this matter inves- and Children (Mr. S. Power): The Deputy’s ques- tion relates to the management and delivery of tigated and to have a reply issued directly to the health and personal social services, which are the Deputy. responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Planning Issues. Department has requested the parliamentary 184. Mr. Andrews asked the Ta´naiste and Mini- affairs division of the executive to arrange to have ster for Health and Children if her attention has this matter investigated and to have a reply issued been drawn to planning difficulties experienced directly to the Deputy. by applicants who wish to set up multi-dis- ciplinary health practices in residential areas; if Hospitals Building Programme. she has communicated with planning authorities 181. Mr. Deenihan asked the Ta´naiste and to improve the roll-out of improved primary care Minister for Health and Children when she will facilities; and if steps are being taken to ensure approve the Health Service Executive capital that such facilities operate at unsocial hours to plan for 2006 to enable projects such as the new take pressure off accident and emergency depart- Dingle Community Hospital to go to tender; and ments. [10365/06] 1293 Questions— 21 March 2006. Written Answers 1294

Ta´naiste and Minister for Health and Children decision to provide for more home help care (Ms Harney): I have not been informed of part- packages for senior citizens; and if she will make icular difficulties in this matter and I have not a statement on the matter. [10376/06] had contact with the planning authorities on the provision of primary care facilities. Health Minister of State at the Department of Health services must be available at times which enable and Children (Mr. S. Power): The Deputy’s ques- the needs of their users to be met and this is true tion relates to the management and delivery of of services within the community as well as those health and personal social services, which are the provided within institutional settings. I am also responsibility of the Health Service Executive anxious to ensure that in the context of support- under the Health Act 2004. Accordingly, the ing adequate health service provision, particularly Department has requested the parliamentary in areas of new housing development or where affairs division of the executive to arrange to have suitable facilities are limited or non-existent, pro- this matter investigated and to have a reply issued vision is made for the development of appro- directly to the Deputy. priate primary care facilities. The Deputy is aware that planning legislation and regulations 189. Mr. McGuinness asked the Ta´naiste and are the responsibility of my colleague, the Mini- Minister for Health and Children the status of a ster for the Environment, Heritage and Local grant application made to the Health Service Government in the first instance. Executive south east region by a council (details supplied) in County Kilkenny for funding to off- Question No. 185 answered with Question set the cost of the meals on wheels scheme serv- No. 144. ing the local rural community; and if a response will be expedited. [10380/06] Health Services. Minister of State at the Department of Health 186. Mr. McGuinness asked the Ta´naiste and and Children (Mr. S. Power): The Deputy’s ques- Minister for Health and Children if home help tion relates to the management and delivery of attendant hours will be provided for persons health and personal social services, which are the (details supplied) in County Kilkenny. responsibility of the Health Service Executive [10374/06] under the Health Act 2004. Accordingly, the Department has requested the parliamentary Minister of State at the Department of Health affairs division of the executive to arrange to have and Children (Mr. S. Power): The Deputy’s ques- this matter investigated and to have a reply issued tion relates to the management and delivery of directly to the Deputy. health and personal social services, which are the responsibility of the Health Service Executive 190. Mr. McGuinness asked the Ta´naiste and under the Health Act 2004. Accordingly, the Minister for Health and Children the reason for Department has requested the parliamentary the delay in providing tender documents for the affairs division of the executive to arrange to have delivery of renal dialysis services in the Health this matter investigated and to have a reply issued Service Executive south east region; if she will directly to the Deputy. confirm a timeframe for the provision of docu- ments and the acceptance of a successful tender; 187. Mr. McGuinness asked the Ta´naiste and and if she will make a statement on the Minister for Health and Children if home help or matter. [10381/06] home care attendant hours will be granted in the case of a person (details supplied) in County Ta´naiste and Minister for Health and Children Kilkenny; and if a response will be expedited. (Ms Harney): The Deputy’s question relates to [10375/06] the management and delivery of health and per- sonal social services, which are the responsibility Minister of State at the Department of Health of the Health Service Executive under the Health and Children (Mr. S. Power): The Deputy’s ques- Act 2004. Accordingly, my Department has tion relates to the management and delivery of requested the parliamentary affairs division of health and personal social services, which are the the executive to have a reply issued directly to responsibility of the Health Service Executive the Deputy. under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have Health Service Staff. this matter investigated and to have a reply issued 191. Mr. McGuinness asked the Ta´naiste and directly to the Deputy. Minister for Health and Children the reason it is taking such a long time for the Health Service 188. Ms O’Sullivan asked the Ta´naiste and Executive south east region to obtain Garda Minister for Health and Children when the clearance for a person (details supplied) in Health Service Executive local offices will receive County Kilkenny; and if the Health Service the extra funding to implement the Government’s Executive will expedite the matter. [10382/06] 1295 Questions— 21 March 2006. Written Answers 1296

Ta´naiste and Minister for Health and Children ster for Health and Children the waiting time for (Ms Harney): As this is a matter for the Health psychiatric assessment for children. [10390/06] Service Executive, my Department has requested the parliamentary affairs division of the executive Minister of State at the Department of Health to arrange to have this matter investigated and to and Children (Mr. T. O’Malley): The Deputy’s have a reply issued directly to the Deputy. question relates to the management and delivery of health and personal social services, which are Health Services. the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my 192. Mr. McGuinness asked the Ta´naiste and Department has requested the parliamentary Minister for Health and Children the reason affairs division of the executive to arrange to have home support hours were cut and then discon- this matter investigated and to have a reply issued tinued in the case of a person (details supplied) directly to the Deputy. in County Kilkenny; if the proper level of support will be approved and provided; and if she will 196. Mr. Neville asked the Ta´naiste and Mini- make a statement on the matter. [10383/06] ster for Health and Children the number of chil- dren who are on a waiting list for an initial psychi- Minister of State at the Department of Health atric assessment. [10391/06] and Children (Mr. T. O’Malley): The Deputy’s question relates to the management and delivery Minister of State at the Department of Health of health and personal social services, which are and Children (Mr. T. O’Malley): The Deputy’s the responsibility of the Health Service Executive question relates to the management and delivery under the Health Act 2004. Accordingly, my of health and personal social services, which are Department has requested the parliamentary the responsibility of the Health Service Executive affairs division of the executive to arrange to have under the Health Act 2004. Accordingly, my this matter investigated and to have a reply issued Department has requested the parliamentary directly to the Deputy. affairs division of the executive to arrange to have this matter investigated and to have a reply issued 193. Mr. McGuinness asked the Ta´naiste and directly to the Deputy. Minister for Health and Children if she will expedite a decision in the case of a person (details Health Contribution Levy. supplied) in County Kilkenny regarding her appeal for a discretionary payment in addition to 197. Mr. S. Ryan asked the Ta´naiste and Mini- nursing home subvention for her mother; and if ster for Health and Children her proposals to she will make a statement on the matter. abolish payment of the 2% health levy by people [10384/06] over 65 years of age. [10393/06]

Minister of State at the Department of Health Ta´naiste and Minister for Health and Children and Children (Mr. S. Power): The Deputy’s ques- (Ms Harney): The health contribution was intro- duced by virtue of the Health Contributions Act tion relates to the management and delivery of 1979 and came into effect on 6 April of that year. health and personal social services, which are the The contributions are levied on income at a per- responsibility of the Health Service Executive centage rate set in pursuance of the Health Con- under the Health Act 2004. Accordingly, the tributions Act and are paid over to the Minister Department has requested the parliamentary for Health and Children in respect of the Vote for affairs division of the executive to arrange to have the Health Service Executive. The current rate of this matter investigated and to have a reply issued contribution is 2% of gross income and, subject directly to the Deputy. to exemptions, is applicable to all persons over the age of 16 with reckonable income, earnings Clinical Trials. or emoluments. 194. Mr. Neville asked the Ta´naiste and Mini- The exemptions, as outlined in section 11 of the ster for Health and Children the number of clini- Act, are those whose income does not exceed cal trials which were conducted on psychiatric \440 per week, those who are fully eligible for patients over the past three years. [10389/06] health services as set out in section 45 of the Health Act 1970, such as medical cardholders in Ta´naiste and Minister for Health and Children this State, including those workers covered under (Ms Harney): The Irish Medicines Board has EC Regulation 1408/71, recipients of a social wel- been asked to compile the information sought fare widow’s or widower’s pension, one-parent and it will be forwarded to the Deputy as soon family payment or deserted wife’s benefit or as possible. allowance, as well as those in receipt of a widow’s or widower’s pension acquired under the social security legislation of an EU member state. Health Services. When the primary legislation was enacted, no 195. Mr. Neville asked the Ta´naiste and Mini- upper age limit applied to the health contri- 1297 Questions— 21 March 2006. Written Answers 1298 bution. However, as the Deputy is aware, follow- Planning is under way for the roll-out of the ing the announcement in budget 2001, full eligi- programme to the remaining regions in the coun- bility for health services under section 45 of the try. Approximately 130,000 women are in the tar- Health Act was granted to those aged 70 and get population for screening in the southern and over, effectively placing an upper age limit of 69 western regions. BreastCheck is confident that years on liability to pay health contributions. the target date of next year for the commence- There are no proposals to alter any of these ment of the roll-out will be met. On full roll-out, exemptions or to provide an exemption from pay- women in the 50 to 64 age group in every county ing health contributions to those aged between 65 will have access to breast screening and follow up and 69. treatment where appropriate. When the national roll-out of the programme Medical Cards. is sufficiently developed and it is assured that a quality service is being delivered at national level, 198. Mr. S. Ryan asked the Ta´naiste and Mini- consideration will be given to including older ster for Health and Children the reason the medi- women and thereby continuing the screening of cal card does not cover full chiropody cost for women in the programme who have reached 65 older people; and if she proposes to address this years of age. issue. [10394/06] Health Service Staff. Ta´naiste and Minister for Health and Children (Ms Harney): There is no statutory obligation on 200. Mr. Blaney asked the Ta´naiste and Mini- the Health Service Executive, HSE, to provide ster for Health and Children if a reply will issue chiropody services to general medical services, to Question No. 179 of 29 November 2005; and if GMS, patients. However, in practice arrange- she will make a statement on the matter. ments are made to provide these services. Prior [10411/06] to the establishment of the HSE, the nature of the arrangements for chiropody and the level of Minister of State at the Department of Health service provided was a matter for individual and Children (Mr. T. O’Malley): Having made health boards and a degree of variation in prac- inquiries regarding this matter I have been tice developed over time. Priority is usually given informed by the Health Service Executive that a reply issued to the Deputy on 24 February 2006. to certain groups of people, including people who are medical card holders aged 65 years and over. In several regions the service is provided by Health Services. private chiropodists by arrangement with the 201. Mr. McGuinness asked the Ta´naiste and HSE. Minister for Health and Children if ongoing fin- I consider it inappropriate for private chirop- ancial assistance will be given to a person (details odists who provide services on behalf of the HSE supplied) in County Kilkenny; if she will be con- to charge patients a top-up fee, and I have con- sidered for domiciliary care allowance; if both veyed this view formally to the HSE. My Depart- matters will be investigated and an outcome ment requested the HSE to initiate a review of expedited; and if she will make a statement on the fee arrangements in place for the provision of the matter. [10414/06] chiropody services, with a view to ensuring that such additional fees will no longer be levied on Minister of State at the Department of Health persons in receipt of this service. The HSE and Children (Mr. T. O’Malley): The Deputy’s recently advised me that it has initiated a review question relates to the management and delivery of chiropody services. of health and personal social services, which are the responsibility of the Health Service Executive Cancer Screening Programme. under the Health Act 2004. Accordingly, my Department has requested the parliamentary 199. Mr. S. Ryan asked the Ta´naiste and Mini- affairs division of the executive to arrange to have ster for Health and Children her proposals to this matter investigated and to have a reply issued extend BreastCheck for women over 65. directly to the Deputy. [10398/06] 202. Mr. McGuinness asked the Ta´naiste and Ta´naiste and Minister for Health and Children Minister for Health and Children the reason a (Ms Harney): BreastCheck, the national breast person (details supplied) in County Kilkenny has screening programme, is available to women in been refused treatment by a consultant specialist the 50 to 64 age group in the eastern, north at Waterford Regional Hospital under the eastern, south eastern and midland regions. National Treatment Purchase Fund; the further Approximately 160,000 women are in the target reason he was not given an explanation by the age group in these regions and since the prog- consultant when he requested same; if he will be ramme commenced more than 1,600 cancers have referred elsewhere for treatment; if some consult- been detected. ants or specialists have an issue with treating 1299 Questions— 21 March 2006. Written Answers 1300

[Mr. McGuinness.] Ta´naiste and Minister for Health and Children public patients under the National Treatment (Ms Harney): The Deputy’s question relates to Purchase Fund; if so, the action being taken to the management and delivery of health and per- resolve the issues; if she will make a statement on sonal social services, which are the responsibility the overall issue and expedite an early response of the Health Service Executive under the Health to the case. [10415/06] Act 2004. The Health Service Executive has informed my office that a response to this ques- Ta´naiste and Minister for Health and Children tion has issued to the Deputy. (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- 206. Mr. Timmins asked the Ta´naiste and Mini- sonal social services, which are the responsibility ster for Health and Children the catchment area of the Health Service Executive under the Health for the district hospitals at Rathdrum, Wicklow Act 2004. In the circumstances as outlined by the Town and Baltinglass, County Wicklow; and the Deputy, my Department has asked the population breakdown of these areas. [10428/06] parliamentary affairs division of the executive to investigate the matter and to arrange for a reply Minister of State at the Department of Health to issue directly to the Deputy. and Children (Mr. S. Power): The Deputy’s ques- tion relates to the management and delivery of 203. Mr. McGuinness asked the Ta´naiste and health and personal social services, which are the Minister for Health and Children if a permanent responsibility of the Health Service Executive place will be provided for a person (details under the Health Act 2004. Accordingly, the supplied) in County Kilkenny at St. Columba’s Department has requested the parliamentary Hospital, Thomastown, County Kilkenny in view affairs division of the executive to arrange to have of the fact that she cannot be cared for in her this matter investigated and to have a reply issued home; and if she will expedite a response. directly to the Deputy. [10416/06] 207. Mr. Timmins asked the Ta´naiste and Mini- Minister of State at the Department of Health ster for Health and Children if Rathdrum and Children (Mr. S. Power): The Deputy’s ques- Hospital takes patients for respite care and long tion relates to the management and delivery of stay; if there is an embargo on this facility; and if health and personal social services, which are the so, the reason for same. [10429/06] responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Minister of State at the Department of Health Department has requested the parliamentary and Children (Mr. S. Power): The Deputy’s ques- affairs division of the executive to arrange to have tion relates to the management and delivery of this matter investigated and to have a reply issued health and personal social services, which are the directly to the Deputy. responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary Community Development. affairs division of the executive to arrange to have 204. Mr. McGuinness asked the Ta´naiste and this matter investigated and to have a reply issued Minister for Health and Children further to directly to the Deputy. Question No. 118 of 24 November 2005, if she will request the Health Service Executive to issue Hospital Accommodation. a comprehensive response. [10422/06] 208. Mr. Blaney asked the Ta´naiste and Mini- ster for Health and Children if a reply will issue Ta´naiste and Minister for Health and Children to Question No. 225 of 7 February 2006; and if (Ms Harney): The Deputy’s question of 24 she will make a statement on the matter. November 2005 referred to matters of estate [10430/06] management which fall within the remit of my colleague the Minister for Environment, Heritage Ta´naiste and Minister for Health and Children and Local Government who I requested to (Ms Harney): I understand the Health Service respond directly to the Deputy. I understand Executive issued a reply to the Deputy dated 24 from my colleague the Minister for Environment, February 2006. Heritage and Local Government that a response has issued to the Deputy on the matter. Health Services.

Health Services. 209. Dr. Upton asked the Ta´naiste and Mini- ster for Health and Children if, in view of both 205. Mr. McGuinness asked the Ta´naiste and the strain on provision of beds in hospitals and Minister for Health and Children further to the inequitable situation whereby women who Question No. 111 of 1 December 2005, if the live within the ambit of one division of the Health Health Service Executive will be requested to Service Executive may not be entitled to receive issue a response. [10423/06] a home birth grant, whereas women living across 1301 Questions— 21 March 2006. Written Answers 1302 the road, but within the jurisdiction of another self that the helicopter landing facility in Our division of the Health Service Executive are, she Lady of Lourdes Hospital, Drogheda, County will consider introducing an obligation on all Louth is adequate to cater for any emergency health boards to provide such grants to women needs which may arise; and if she will make a who wish to avail of them; and if she will make a statement on the matter. [10440/06] statement on the matter. [10433/06] Ta´naiste and Minister for Health and Children Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- the management and delivery of health and per- sonal social services which, under the Health Act sonal social services, which are the responsibility 2004, is the responsibility of the Health Service of the Health Service Executive under the Health Executive. However, I understand the Health Act 2004. Accordingly, my Department has Service Executive has written to the Deputy indi- requested the parliamentary affairs division of cating its decision in this case and has given the executive to arrange to have this matter inves- advice on the manner in which the persons in tigated and to have a reply issued directly to the question should proceed if their circumstances Deputy. change in the future.

Question No. 210 answered with Question Question No. 214 answered with Question No. 144. No. 144.

211. Mr. Blaney asked the Ta´naiste and Mini- Health Service Staff. ster for Health and Children if her attention has 215. Ms McManus asked the Ta´naiste and been drawn to the fact that the last statistics avail- Minister for Health and Children further to the able show a reduction in home help hours of outstanding pension entitlement of former staff 730,000 between 2002 and 2004 in view of the of the National Rehabilitation Board (details long waiting lists for home help and applications supplied), when this matter will be resolved fully; for increase in hours; and if she will make a state- and if she will make a statement on the ment on the matter. [10438/06] matter. [10462/06] Minister of State at the Department of Health Ta´naiste and Minister for Health and Children and Children (Mr. S. Power): The Deputy’s ques- (Ms Harney): The Deputy’s question relates to tion relates to the management and delivery of human resource management issues within the health and personal social services, which are the Health Service Executive. As this is a matter for responsibility of the Health Service Executive the executive under the Health Act 2004, my under the Health Act 2004. Accordingly, the Department has requested the parliamentary Department has requested the parliamentary affairs division of the executive to arrange to have affairs division of the executive to arrange to have this matter investigated and to have a reply issued this matter investigated and to have a reply issued directly to the Deputy. directly to the Deputy.

212. Mr. McGuinness asked the Ta´naiste and Health Services. Minister for Health and Children if, further to 216. Mr. English asked the Ta´naiste and Mini- previous parliamentary questions, a full medical ster for Health and Children the waiting time for card or a doctor only card will be issued to per- a hearing test at the county clinic in Navan; the sons (details supplied) in County Kilkenny. measures which will be put in place to reduce this [10439/06] time; and if she will make a statement on the matter. [10463/06] Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to Ta´naiste and Minister for Health and Children the management and delivery of health and per- (Ms Harney): The Deputy’s question relates to sonal social services which, under the Health Act the management and delivery of health and per- 2004, is the responsibility of the Health Service sonal social services, which are the responsibility Executive. However, I understand the Health of the Health Service Executive under the Health Service Executive has written to the Deputy indi- Act 2004. Accordingly, my Department has cating its decision in this case and has given requested the parliamentary affairs division of advice on the manner in which the persons in the executive to arrange to have this matter inves- question should proceed if their circumstances tigated and to have a reply issued directly to the change in the future. Deputy.

Ambulance Service. Nursing Home Subvention. 213. Mr. Kirk asked the Ta´naiste and Minister 217. Mr. McGuinness asked the Ta´naiste and for Health and Children if she has satisfied her- Minister for Health and Children if an increased 1303 Questions— 21 March 2006. Written Answers 1304

[Mr. McGuinness.] sonal social services, which are the responsibility level of subvention will be awarded on appeal to of the Health Service Executive under the Health a person (details supplied) in County Kilkenny; Act 2004. This includes responsibility for con- and if she will expedite a response. [10475/06] sidering new capital proposals or progressing those in the health capital programme. Minister of State at the Department of Health Accordingly, my Department is requesting the and Children (Mr. S. Power): The Deputy’s ques- parliamentary affairs division of the executive to tion relates to the management and delivery of arrange to have this matter investigated and to health and personal social services, which are the have a reply issued directly to the Deputy. responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Long-Term Illness Scheme. Department has requested the parliamentary affairs division of the executive to arrange to have 220. Ms Cooper-Flynn asked the Ta´naiste and this matter investigated and to have a reply issued Minister for Health and Children her views on directly to the Deputy. including patients who have undergone illeos- tomy procedures in the long term illness Long-Term Illness Scheme. scheme. [10520/06] 218. Mr. Sargent asked the Ta´naiste and Mini- 227. Mr. Crowe asked the Ta´naiste and Mini- ster for Health and Children the position regard- ster for Health and Children her views on ing the case of a person (details supplied) in whether it is fair that a person suffering from Dublin 5; and if this person should have been Crohn’s disease, who has to attend hospital regu- charged for his stay in hospital in view of the fact larly and who returns to work, will lose their that they are a PAYE worker paying PRSI. medical card and hence be in a worse off financial [10491/06] position due to the fact that this disease, which can be long-term, is not recognised as such by the Ta´naiste and Minister for Health and Children State; her views on whether this is unfair; when (Ms Harney): The statutory hospital in-patient \ she will reform the long-term illness scheme to charge of 60 per night applies to everyone enable people suffering from unrecognised long- receiving treatment in a public hospital with the term illnesses to retain their much-needed medi- exception of people with full eligibility (i.e. those cal cards; and her further views on whether it entitled to a medical card), women receiving should not be decided on name of disease but services in respect of motherhood, children up to rather on the severity and expected duration of the age of six weeks and children suffering from illness based on a doctor’s examination. prescribed long-term diseases. [10559/06] Persons suffering from epilepsy have the same eligibility for services as all other persons. In Ta´naiste and Minister for Health and Children addition, under the long-term illness scheme they (Ms Harney): I propose to take Questions Nos. are entitled to obtain drugs and medicines neces- 220 and 227 together. sary for the treatment of the condition free of Under the 1970 Health Act, the Health Service charge. Executive may arrange for the supply, without The management and delivery of health and charge, of drugs, medicines and medical and sur- personal social services is the responsibility of the gical appliances to people with a specified con- Health Service Executive under the Health Act dition, for the treatment of that condition, 2004. Accordingly, my Department has requested through the long-term illness scheme. The the parliamentary affairs division of the executive scheme does not cover GP fees or hospital co- to arrange to have this case investigated and to payments. The conditions are: mental handicap, have a reply issued directly to the Deputy. mental illness, for people under 16 only, phenyl- ketonuria, cystic fibrosis, spina bifida, hydro- Health Services. cephalus, diabetes mellitus, diabetes insipidus, 219. Mr. Sargent asked the Ta´naiste and Mini- haemophilia, cerebral palsy, epilepsy, multiple ster for Health and Children if she will report on sclerosis, muscular dystrophies, parkinsonism, the current usage and future plans for the Health conditions arising from thalidomide and acute Service Executive property (details supplied) in leukaemia. There are no plans to extend the list Dublin 5; the structural condition of this building; of eligible conditions. when the site will be cleaned and the derelict con- Products necessary for the management of the tainers removed; if her attention has been drawn specified illness are available to patients on the to reports of rodent and pigeon infestation in and scheme. Other products are available according around the building; and if she will have this to the patient’s eligibility. People who cannot, matter investigated. [10492/06] without undue hardship, arrange for the provision of medical services for themselves and their Ta´naiste and Minister for Health and Children dependants may be entitled to a medical card. In (Ms Harney): The Deputy’s question relates to the assessment process the Health Service Execu- the management and delivery of health and per- tive can take into account medical costs incurred 1305 Questions— 21 March 2006. Written Answers 1306 by an individual or a family. The Deputy will be nursing home fees; and if she will make a state- pleased to know that people in receipt of pay- ment on the matter. [10543/06] ments from the Department of Social and Family Affairs may retain the medical card for a speci- Minister of State at the Department of Health fied period of time following return to work or and Children (Mr. S. Power): The Deputy’s ques- participating in an approved scheme. tion relates to the management and delivery of In November 2004, I introduced a new gradu- health and personal social services, which are the ated benefit — the GP visit card to extend free responsibility of the Health Service Executive GP care and treatment to individuals and families under the Health Act 2004. Accordingly, the on low incomes. In June last year, I simplified the Department has requested the parliamentary means test for both medical and GP visit cards. It affairs division of the executive to arrange to have is now based on an applicant’s and spouse’s this matter investigated and to have a reply issued income after income tax and PRSI, and takes directly to the Deputy. account of reasonable expenses incurred in respect of rent or mortgage payments, child care Health Services. and travel to work. In October, I announced that 223. Mr. Kehoe asked the Ta´naiste and Mini- the income guidelines for both medical and GP ster for Health and Children if her Department visit cards would be increased by an additional funds a group (details supplied) in County 20%. This means the income guidelines are now Wexford; if so, the amount of funding received; 29% higher than they were this time last year. the person who is responsible for this group or These improvements have also made the assess- organisation; and if she will make a statement on ment process much fairer and ensure that those the matter. [10544/06] on low to moderate incomes can qualify for free GP care. Non medical card holders can use the Ta´naiste and Minister for Health and Children drug payment scheme, which protects against (Ms Harney): My Department has not provided excessive medicines costs. Under this scheme, no funding to the organisation referred to by the individual or family unit pays more than \85 per Deputy. However, I am informed that there has calendar month, or approximately \20 per week, been contact between the Health Service Execu- towards the cost of approved prescribed medi- tive and the organisation. Accordingly, my cines. The scheme is easy to use and significantly Department has requested the parliamentary reduces the cost burden for families and individ- affairs division of the executive to arrange to have uals incurring ongoing expenditure on medicines. this matter investigated and to have a reply issued In addition, non-reimbursed medical expenses directly to the Deputy. above a set threshold may be offset against tax. 224. Mr. Kehoe asked the Ta´naiste and Mini- Health Services. ster for Health and Children the number of suicide counselling agencies which are registered 221. Mr. Kehoe asked the Ta´naiste and Mini- with her Department; the name of each agency ster for Health and Children the action she will and the funding they receive from her Depart- take following her Department receiving a letter ment; and if she will make a statement on the from a person (details supplied) in County matter. [10545/06] Wexford; if she will give the correspondence her personal attention to ensure that this service is Ta´naiste and Minister for Health and Children put back in place; and if she will make a state- (Ms Harney): There is no requirement for coun- ment on the matter. [10542/06] selling services to register with my Department. Under the Health Act 2004, the provision of Ta´naiste and Minister for Health and Children funding for suicide protection measures, includ- (Ms Harney): The Deputy’s question relates to ing support for suicide counselling agencies, is the management and delivery of health and per- primarily a matter for the Health Service Execu- sonal, social services, which are the responsibility tive. Accordingly, my Department has requested of the Health Service Executive under the Health the parliamentary affairs division of the executive Act 2004. Accordingly, my Department has to arrange to have this matter investigated and to requested the parliamentary affairs division of have a reply issued to the directly to the Deputy. the executive to have this matter investigated and to have a reply issued directly to the Deputy. 225. Mr. Kehoe asked the Ta´naiste and Mini- ster for Health and Children when a person Nursing Home Subvention. (details supplied) in County Wexford will receive a test for a hearing aid; and if she will make a 222. Mr. Kehoe asked the Ta´naiste and Mini- statement on the matter. [10546/06] ster for Health and Children if a person (details supplied) in County Wexford is entitled to more Ta´naiste and Minister for Health and Children subvention; if her attention has been drawn to the (Ms Harney): The Deputy’s question relates to fact that it is difficult for the family to pay the the management and delivery of health and per- 1307 Questions— 21 March 2006. Written Answers 1308

[Ms Harney.] Ta´naiste and Minister for Health and Children sonal social services, which are the responsibility (Ms Harney): The Crisis Pregnancy Agency was of the Health Service Executive under the Health established on 2 October 2001, under the Health Act 2004. Accordingly, my Department has (Corporate Bodies) Act 1961. Its main role is to requested the parliamentary affairs division of facilitate co-ordination of efforts of all groups in the executive to arrange to have this matter inves- the area of crisis pregnancy prevention. The tigated and to have a reply issued directly to the agency reports that over the past three years it Deputy. has increased the amount of crisis pregnancy counselling available in the country by more than Hospital Accommodation. 50%. Last year, the agency allocated more than \3.5 million towards supports and services within 226. Mr. Penrose asked the Ta´naiste and Mini- crisis pregnancy. I have no plans at present to ster for Health and Children the position con- change either the status or the remit of the Crisis cerning the provision of additional accommo- Pregnancy Agency. dation relating to the phase 2B element of the General Hospital, Mullingar; the commencement Health Services. date and date when the additional accommo- dation and facilities will be ready for use and 233. Mr. Wall asked the Ta´naiste and Minister occupation; and if she will make a statement on for Health and Children when a person (details the matter. [10547/06] supplied) in County Kildare will receive an appointment date for a clinic at Tallaght Hospital; Ta´naiste and Minister for Health and Children and if she will make a statement on the (Ms Harney): The Deputy’s question relates to matter. [10597/06] the management and delivery of health and per- sonal social services, which are the responsibility Ta´naiste and Minister for Health and Children of the Health Service Executive under the Health (Ms Harney): The Deputy’s question relates to Act 2004. Accordingly, my Department has the management and delivery of health and per- requested the parliamentary affairs division of sonal social services, which are the responsibility the executive to arrange to have this matter inves- of the Health Service Executive under the Health tigated and to have a reply issued directly to the Act 2004. Accordingly, my Department has Deputy. requested the parliamentary affairs division of the executive to arrange to have this matter inves- Question No. 227 answered with Question tigated and to have a reply issued directly to the No. 220. Deputy.

Questions Nos. 228 to 230, inclusive, answered Question No. 234 answered with Question with Question No. 144. No. 144.

National Repayment Scheme. 235. Mr. Durkan asked the Ta´naiste and Mini- ster for Health and Children when arrears of the 231. Mr. Allen asked the Ta´naiste and Minister home base subvention grant will be awarded to a for Health and Children when an application for person (details supplied) in County Kildare who a refund under the nursing home fees repayment has been paying for these services out of their scheme will be awarded to a person (details pension entitlements since January 2006; if she supplied) in County Cork who applied in 2005 for will ensure that this payment is awarded in time a repayment and has received no payment to and on a regular basis to the person to eliminate date. [10592/06] such a situation recurring; and if she will make a statement on the matter. [10610/06] Ta´naiste and Minister for Health and Children (Ms Harney): As the Health Service Executive, Minister of State at the Department of Health HSE, has responsibility for administering the and Children (Mr. S. Power): The Deputy’s ques- national repayment scheme, inquiries relating to tion relates to the management and delivery of individual cases are referred to the parliamentary health and personal social services, which are the affairs division of the executive. My Department responsibility of the Health Service Executive has asked the HSE to arrange to have this matter under the Health Act 2004. Accordingly, the investigated and to have a reply issued directly to Department has requested the parliamentary the Deputy. affairs division of the executive to arrange to have this matter investigated and to have a reply issued Crisis Pregnancy Prevention. directly to the Deputy. 232. Mr. McHugh asked the Ta´naiste and Mini- ster for Health and Children her views on the Medical Cards. need for reform of the Crisis Pregnancy Agency; 236. Mr. Durkan asked the Ta´naiste and Mini- and if she will make a statement on the ster for Health and Children if this Parliamentary matter. [10593/06] Question can be taken by way of an appeal to 1309 Questions— 21 March 2006. Written Answers 1310 refuse a medical card in the case of a person Department has requested the parliamentary (details supplied) in Dublin 1; and if she will affairs division of the executive to arrange to have make a statement on the matter. [10611/06] this matter investigated and to have a reply issued directly to the Deputy. Ta´naiste and Minister for Health and Children (Ms Harney): All decisions on applications for 239. Mr. O’Dowd asked the Ta´naiste and Mini- assessment of eligibility to medical cards are sta- ster for Health and Children if counselling will be tutorily a matter for the Health Service Execu- arranged for a person (details supplied) in tive, HSE. In cases where an application for a County Dublin whose parent died in Leas Cross medical card has been refused an appeal can be Nursing Home. [10667/06] made to the HSE. Such appeals should be made directly to the HSE. Minister of State at the Department of Health I understand from the HSE that it is investigat- and Children (Mr. T. O’Malley): The Deputy’s ing an appeal made by the person who is the sub- question relates to the management and direct ject of the Deputy’s question. Furthermore, the delivery of health and personal social services, HSE has advised that it advised the Deputy of which are the responsibility of the Health Service this by letter of 15 March 2006. Executive under the Health Act 2004. Accord- ingly, my Department has requested the Nursing Home Subventions. parliamentary affairs division of the executive to 237. Mr. N. O’Keeffe asked the Ta´naiste and arrange to have this matter investigated and to Minister for Health and Children when the allo- have a reply issued directly to the Deputy. cation of funding in respect of enhanced nursing home subvention will be made available to the Cancer Screening Programme. Southern Health Board Executive; and if her 240. Mr. Lowry asked the Ta´naiste and Mini- attention has been drawn to the severe hardship ster for Health and Children the expected date being imposed on families who are unable to by which BreastCheck will be available in North meet the shortfall in nursing home costs and who Tipperary by units other than mobile units; the have an entitlement to enhanced subvention. reason for the delay in reaching North Tipperary; [10628/06] and if she will make a statement on the matter. [10668/06] Minister of State at the Department of Health and Children (Mr. S. Power): The Deputy’s ques- Ta´naiste and Minister for Health and Children tion relates to the management and delivery of (Ms Harney): BreastCheck is preparing for the health and personal social services, which are the national expansion of the breast screening prog- responsibility of the Health Service Executive, ramme to the remaining regions of the country. HSE, under the Health Act 2004. Accordingly, My Department has requested the director of the Department has requested the parliamentary BreastCheck to examine the matters raised and affairs division of the executive to arrange to have to reply directly to the Deputy. this matter investigated and to have a reply issued directly to the Deputy. Health Services. The HSE has discretion to pay more than the maximum rate of subvention in a case, for 241. Mr. Lowry asked the Ta´naiste and Mini- example, where personal funds are exhausted. ster for Health and Children the number of beds The application of this provision in an individual contracted to the Health Service Executive in case is a matter for the HSE in the context of County Tipperary in private nursing homes. meeting increasing demands for subvention, sub- [10669/06] ject to the provisions of the Health Act 2004. The average rate of subvention paid by the HSE gen- Minister of State at the Department of Health erally exceeds the current approved basic rates. and Children (Mr. S. Power): The Deputy’s ques- tion relates to the management and delivery of Health Services. health and personal social services, which are the responsibility of the Health Service Executive 238. Mr. P. Breen asked the Ta´naiste and Mini- under the Health Act 2004. Accordingly, the ster for Health and Children when a person Department has requested the parliamentary (details supplied) in County Clare will receive affairs division of the executive to arrange to have speech therapy; and if she will make a statement this matter investigated and to have a reply issued on the matter. [10666/06] directly to the Deputy. Minister of State at the Department of Health Nursing Home Subventions. and Children (Mr. T. O’Malley): The Deputy’s question relates to the management and delivery 242. Mr. McGuinness asked the Ta´naiste and of health and personal social services, which are Minister for Health and Children if she will the responsibility of the Health Service Executive review the case of a person (details supplied) in under the Health Act 2004. Accordingly, my County Kilkenny, who has been refused subven- 1311 Questions— 21 March 2006. Written Answers 1312

[Mr. McGuinness.] services. The agreement covers all reimbursable tion, with a view to granting subvention at an prescription medicines in the general medical appropriate rate; if his application for long-term services and community drug schemes, and all care at St. Colomba’s hospital, Thomastown, medicines supplied to hospitals and the Health County Kilkenny will be considered; and if she Service Executive. A price freeze is in place for will make a statement on the matter. [10670/06] products supplied under the terms of the agreement. Ta´naiste and Minister for Health and Children There is a common list of reimbursable medi- (Ms Harney): The Deputy’s question relates to cines for the general medical services and drug the management and delivery of health and per- payment schemes. This list is reviewed and sonal social services, which are the responsibility amended monthly, as new products become avail- of the Health Service Executive under the Health able and deletions are notified. Deltacortril, the Act 2004. Accordingly, the Department has product referred to by the Deputy, was not requested the parliamentary affairs division of deleted from the list. The original manufacturers the executive to arrange to have this matter inves- divested ownership to another company. The new tigated and to have a reply issued directly to the owner subsequently increased the price to phar- Deputy. macies, without prior consultation with my Department and in breach of the pricing agree- Health Services. ment. Following negotiations with the company 243. Mr. McGuinness asked the Ta´naiste and concerned, agreement was reached on a revised Minister for Health and Children the progress reimbursement price, which came into effect on 1 regarding the issues raised at meetings between March. Deltacortril has been available in the the Health Service Executive and Irish Autism usual manner from that date. Action held in 2005 and 2006; if commitments given in 2005 by the Health Service Executive will Health Services. be acted upon; and if she will make a statement 246. Mr. Kehoe asked the Ta´naiste and Mini- on the matter. [10671/06] ster for Health and Children when provision will be made for occupational therapy to be provided Minister of State at the Department of Health on a regular basis to enable a person (details and Children (Mr. T. O’Malley): The Deputy’s supplied) in County Wexford to continue in question relates to the management and delivery mainstream education; and if she will make a of health and personal social services, which are statement on the matter. [10674/06] the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Minister of State at the Department of Health Department has requested the parliamentary and Children (Mr. T. O’Malley): The Deputy’s affairs division of the executive to arrange to have question relates to the management and delivery this matter investigated and to have a reply issued of health and personal social services, which are directly to the Deputy. the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Drugs Payment Scheme. Department has requested the parliamentary 244. Mr. J. Higgins asked the Ta´naiste and affairs division of the executive to arrange to have Minister for Health and Children if she will this matter investigated and to have a reply issued reverse the decision not to reimburse the current directly to the Deputy. market price of deltacortril tablets under the drugs payment scheme. [10672/06] 247. Ms Shortall asked the Ta´naiste and Mini- ster for Health and Children the number of grants 245. Mr. J. Higgins asked the Ta´naiste and in respect of top-ups to local authority disabled Minister for Health and Children the reason her persons’ grants made to applicants from Dublin Department has advised pharmacists to refer per- and in particular from community care areas six sons with prescriptions for deltacortril and and seven of the Health Service Executive prednisolone qualifying for the drugs payment northern area in each of the past five years; the scheme back to their general practitioners to have average grant paid in each case; and the number another tablet prescribed instead. [10673/06] of maximum grants which were made in each case. [10689/06] Ta´naiste and Minister for Health and Children (Ms Harney): I propose to take Questions Nos. Minister of State at the Department of Health 244 and 245 together. and Children (Mr. T. O’Malley): The Deputy’s An agreement is in place between the Depart- question relates to the management and delivery ment of Health and Children, the Irish Pharma- of health and personal social services, which are ceutical Healthcare Association and the Associ- the responsibility of the Health Service Executive ation of Pharmaceutical Manufacturers of under the Health Act 2004. Accordingly, my Ireland, which sets out the supply terms and Department has requested the parliamentary prices of medicines supplied to the health affairs division of the executive to arrange to have 1313 Questions— 21 March 2006. Written Answers 1314 this matter investigated and reply directly to the Question No. 254 answered with Question Deputy. No. 144.

Question No. 248 answered with Question 255. Mr. P. Breen asked the Ta´naiste and Mini- No. 144. ster for Health and Children the provision being made to relieve staff shortages in County Clare 249. Mr. Ring asked the Ta´naiste and Minister dental services in order that targeted classes for for Health and Children when a person (details routine preventive and treatment services in the supplied) in County Mayo will be called for an Ennis area and the remaining parts of County appointment. [10705/06] Clare could again be senior infants, 2nd, 4th and 6th classes in line with the dental health action Ta´naiste and Minister for Health and Children plan; and if she will make a statement on the (Ms Harney): The Deputy’s question relates to matter. [10722/06] the management and delivery of health and per- sonal social services, which are the responsibility Ta´naiste and Minister for Health and Children of the Health Service Executive under the Health (Ms Harney): The Deputy’s question relates to Act 2004. Accordingly, my Department has the management and delivery of health and per- requested the parliamentary affairs division of sonal social services, which are the responsibility the executive to arrange to have this case investi- of the Health Service Executive under the Health gated and reply directly to the Deputy. Act 2004. Accordingly, my Department has requested the parliamentary affairs division of Questions Nos. 250 and 251 answered with the executive to arrange to have this matter inves- Question No. 144. tigated and reply directly to the Deputy.

252. Ms Burton asked the Ta´naiste and Mini- Nursing Homes. ster for Health and Children her proposals to provide funding for high level diagnostic equip- 256. Mr. O’Dowd asked the Ta´naiste and Mini- ment for Connolly Hospital at Blanchardstown; if ster for Health and Children when she expects her attention has been drawn to the fact that the report on the deaths at Leas Cross (details patients who require an angiogram and diagnosis supplied). [10729/06] have to go to the Mater Hospital or to Beaumont ´ Hospital necessitating a huge amount of time and 257. Mr. O’Dowd asked the Tanaiste and Mini- inconvenience; and if she will make a statement ster for Health and Children if she will contact on the matter. [10713/06] the families of those who died in Leas Cross before the investigations (details supplied) are Ta´naiste and Minister for Health and Children finalised. [10737/06] (Ms Harney): The Deputy’s question relates to Minister of State at the Department of Health the management and delivery of health and per- and Children (Mr. S. Power): I propose to take sonal social services, which are the responsibility Questions Nos. 256 and 257 together. of the Health Service Executive under the Health The Health Service Executive has informed the Act 2004. Accordingly, my Department has Department that a draft copy of the report was requested the parliamentary affairs division of received by the HSE-Dublin north area on the the executive to arrange to have this matter inves- evening of Thursday 9 February 2006. It is under- tigated and reply directly to the Deputy. stood from the HSE that this draft is currently being reviewed and the final report cannot be 253. Mr. Naughten asked the Ta´naiste and prepared until this process is completed. The Minister for Health and Children when she will HSE expect the process to be finalised by mid issue a reply to correspondence (details supplied); April 2006. The Ta´naiste, at this time, has no the reason for the delay in same; and if she will arrangements made to make contact with the make a statement on the matter. [10720/06] families. Ta´naiste and Minister for Health and Children (Ms Harney): As I indicated in my reply to the Health Statistics. Deputy, dated 8 March, the correspondence he 258. Dr. Twomey asked the Ta´naiste and Mini- refers to relates to the management and delivery ster for Health and Children the reason her of health and personal social services, which are Department has not published a complete health the responsibility of the Health Service Executive statistics report since 2002; the contact details and under the Health Act 2004. Accordingly, at that the person who is responsible for this exercise; if time, my Department requested the parliamen- it is the Health Service Executive or her Depart- tary affairs division of the executive to arrange to ment; and if she will make a statement on the have this matter investigated and reply directly to matter. [10751/06] the Deputy. The HSE has advised my Depart- ment it will be in a position to issue a reply this Ta´naiste and Minister for Health and Children week. (Ms Harney): The report on health statistics is 1315 Questions— 21 March 2006. Written Answers 1316

[Ms Harney.] Department of Agriculture and Food in this published at three yearly intervals. The report for context. 2002 was made available in February 2003 and The Department of Agriculture and Food is an the report for 2005 is now due for publication. active participant in my Department’s influenza This report is now in the final stages of prep- pandemic expert group. A subgroup of the expert aration and will be published in the next few group has developed guidance documents for use weeks. A number of updated tables are available in the event of an avian influenza outbreak in ani- on the Department’s website and further statisti- mals in Ireland. Guidance on the investigation cal data can be obtained directly from the infor- and management of suspected human cases of mation unit in my Department. My Department avian influenza has also been developed and cir- holds responsibility for the production of the culated within the health system. These guidance health statistics report but this is currently under documents are available on the HSE health pro- review in the context of the implementation of tection surveillance centre website, www.hpsc.ie. the health service reform programme. The overall aims of influenza pandemic plan- ning are to reduce mortality and morbidity and Housing Aid for the Elderly. minimise the resulting disruption to society. In line with information and evidence available 259. Mr. McGuinness asked the Ta´naiste and internationally, my Department has consistently Minister for Health and Children if an application stated that the consequences of a global under the housing aid for the elderly scheme will pandemic are likely to be serious. Pandemic plan- be expedited for a person (details supplied) in ning can only mitigate the effects. There is a very County Kilkenny; and the timeframe involved in clear distinction between the current avian flu approving and awarding the grant. [10752/06] outbreak and the possibility of a future pandemic influenza in the human population. Experts Minister of State at the Department of Health advise that such a pandemic may arise as a result and Children (Mr. S. Power): The Deputy’s ques- of the current H5N1 avian flu situation, but this tion relates to the management and delivery of is by no means inevitable. health and personal social services, which are the My Department and the Health Service Execu- responsibility of the Health Service Executive tive are working closely together on pandemic under the Health Act 2004. This includes planning. This work is ongoing on a number of responsibility for the provision of the housing aid fronts. The influenza pandemic expert group is scheme for the elderly, on behalf of the Depart- updating expert guidance and the pandemic influ- ment of Environment, Heritage and Local enza operational response plan is being updated Government. Accordingly, the Department has in line with the most up to date expert advice. requested the parliamentary affairs division of This work is being progressed through the executive to have this matter investigated and working/implementation groups established by reply directly to the Deputy. the HSE to address actions within the functional areas of surveillance, health services, public health measures, vaccines/antivirals etc., Avian Flu. communications, laboratories and materials man- 260. Mr. Kirk asked the Ta´naiste and Minister agement. My Department has established a for Health and Children the emergency arrange- standing interdepartmental committee to con- ments in place to deal with a possible bird flu sider issues which go beyond the health aspects epidemic; and if she will make a statement on the of an influenza pandemic and arrangements have matter. [10753/06] been made to procure a stockpile of H5N1 vac- cine for key health care workers and other essen- Ta´naiste and Minister for Health and Children tial workers. My Department is also actively pur- (Ms Harney): For the sake of clarity, avian flu or suing an advanced purchase order for a pandemic H5N1 is primarily a disease of birds. To date, strain vaccine and we are stockpiling a million there have been a very small number of human treatment packs of the antiviral drug, Tamiflu, cases of H5N1 infection documented, in 600,000 packs of which have already been deliv- situations where there has been very close contact ered. The remaining 400,000 packs will be deliv- with infected birds. There is no evidence of ered this year. Arrangements have also been human to human transmission. made to purchase a supply of the active pharma- The Department of Agriculture and Food is ceutical ingredient, oseltamivir phosphate pow- der, to treat children aged between one to five responsible for controlling avian flu in birds and years of age. Arrangements are also being mammals other than humans and has put in place finalised for the stockpiling of additional supplies a range of measures aimed at maintaining of the other suitable antiviral drug, Relenza. Ireland’s avian flu-free status. The health sector’s role in relation to avian flu relates to the human health implications that would arise were there to Health Services. be an outbreak of avian flu in this country. My 261. Caoimhghı´nO´ Caola´in asked the Ta´naiste Department is working very closely with the and Minister for Health and Children when a 1317 Questions— 21 March 2006. Written Answers 1318 reply will issue from the Health Service Executive Vaccination Programme. to Parliamentary Question No. 259 of 14 265. Mr. Kehoe asked the Ta´naiste and Mini- February 2006. [10841/06] ster for Health and Children if her attention has Minister of State at the Department of Health been drawn to the fact that in 1982 a Govern- and Children (Mr. T. O’Malley): I have made ment-appointed team found that 14 children here inquiries and have been informed by the Health who were brain damaged following receipt of the Service Executive that an answer issued to the three in one vaccine injection had a reasonable Deputy on 2 March 2006. probability of being adversely affected by the vac- cine used; her plans to set up a tribunal to investi- gate the matter as promised; and the options Organ Donation. which are open to the parents in question in 262. Mr. Deenihan asked the Ta´naiste and terms of obtaining further compensation and an Minister for Health and Children if she will make apology from the state for wrongdoing and negli- it compulsory for all chemist shops to display gence. [10845/06] organ donor cards; and if she will make a state- ment on the matter. [10842/06] Ta´naiste and Minister for Health and Children (Ms Harney): In November 1977 the then Mini- Ta´naiste and Minister for Health and Children ster for Health established the expert medical (Ms Harney): The annual organ donor awareness group on whooping cough vaccination to examine campaign organised by the Irish donor network persons who, it claimed, had been permanently and administered by the Irish Kidney Associ- damaged by whooping cough vaccination, to ation, highlights the necessity for organ donation review the medical information available in generally. The campaign, which is supported by relation to them and to indicate whether, in its my Department, highlights the need for organ opinion, the damage was attributable to the vac- donors by promoting the carrying of an organ cination. donor card. I will launch the 2006 donor aware- There were 93 cases presented to the expert ness campaign on 28 March. group, which found that there was a reasonable In the context of increasing the number of probability that the vaccine was responsible for donor organs available for transplant, the Health damage in 16 of these cases. Where there was a Service Executive was asked by the Department reasonable doubt in any case, the group gave the to undertake a review and analysis of the factors benefit of that doubt to that person. In 1982, an that impact on organ procurement and retrieval offer of an ex-gratia payment of £10,000 was rates in hospitals around the country. This review made in 14 cases with a further two offers in 1984, has commenced. My Department is advised by on condition that no claim would be made on the the Health Service Executive that arrangements child’s behalf in respect of the whooping cough have recently been put in place to facilitate the vaccination. There was no acceptance of liability distribution of organ donor cards throughout the on the part of the State or any public authority. community pharmacy network. The Irish Pharm- Award of the ex-gratia payment was on condition aceutical Union has arranged with the Irish Kid- that the persons concerned waived any further ney Association on behalf of the Irish donor net- liability against the State or any public authority. work for pharmacies to stock organ donor cards. The expert group reviewed all the cases that came Question No. 263 answered with Question before it and is no longer sitting. No. 149. I presume the Deputy’s reference to a tribunal relates to the introduction of a no-fault compen- sation scheme as recommended by the Oireachtas Medical Cards. Joint Committee on Health and Children in its 264. Mr. Durkan asked the Ta´naiste and Mini- report on childhood immunisation. The feasibility ster for Health and Children the reason a GMS of introducing a vaccine damage compensation doctor has not been appointed and medical card scheme is currently under examination in my restored in the case of a person (details supplied) Department. The process is at an advanced stage in County Kildare in view of the fact that this and will be given priority in the Department’s issue was the subject matter of a previous 2006 business plan. parliamentary question; and if she will make a statement on the matter. [10844/06] Questions Nos. 266 and 267 answered with Question No. 144. Ta´naiste and Minister for Health and Children (Ms Harney): I have been informed by the Health Health Services. Service Executive that the person who is the sub- ject of the Deputy’s question has been assigned 268. Mr. Lowry asked the Ta´naiste and Mini- to the patient panel of a general medical services ster for Health and Children the reason for a scheme-contracted general practitioner and that reduction of almost 0.75 million in home help the HSE advised the Deputy to this effect by let- hours between 2002 and 2004; and if she will ter on 13 March 2006. make a statement on the matter. [10848/06] 1319 Questions— 21 March 2006. Written Answers 1320

Minister of State at the Department of Health requested the parliamentary affairs division of and Children (Mr. S. Power): The Deputy’s ques- the executive to have this matter investigated and tion relates to the management and delivery of to reply directly to the Deputy. health and personal social services, which are the responsibility of the Health Service Executive 272. Mr. J. Breen asked the Ta´naiste and Mini- under the Health Act 2004. Accordingly, the ster for Health and Children the number of can- Department has requested the parliamentary cellations due to overcrowding which have taken affairs division of the executive to arrange to have place on a daily basis since Christmas 2005 at St. this matter investigated and reply directly to the James’s Hospital for patients waiting for elective Deputy. surgery; and if she will make a statement on the matter. [10896/06] General Medical Services Scheme. Tanaiste and Minister for Health and Children 269. Mr. Naughten asked the Ta´naiste and ´ (Ms Harney): The Deputy’s question relates to Minister for Health and Children further to the management and delivery of health and per- Question No. 112 of 16 February 2006, the reason sonal social services, which are the responsibility for the delay in a reply issuing to same; and if she of the Health Service Executive under the Health will make a statement on the matter. [10893/06] Act 2004. Accordingly, my Department has Minister of State at the Department of Health requested the parliamentary affairs division of and Children (Mr. T. O’Malley): Having made the executive to have this matter investigated and inquiries regarding this matter, my Department to reply directly to the Deputy. understands that the Health Service Executive has already replied to the Deputy. 273. Mr. Durkan asked the Ta´naiste and Mini- ster for Health and Children when home help will Vaccination Programme. be restored to a person (details supplied) in County Kildare who has been without same since 270. Mr. J. Higgins asked the Ta´naiste and January 2006; and if she will make a statement on Minister for Health and Children if an investi- the matter. [10897/06] gation will be ordered into the circumstances whereby a baby (details supplied) became pro- Minister of State at the Department of Health foundly mentally and physically handicapped and Children (Mr. S. Power): The Deputy’s ques- subsequent to the administration of the three in tion relates to the management and delivery of one vaccine in 1985. [10894/06] health and personal social services, which are the responsibility of the Health Service Executive Ta´naiste and Minister for Health and Children under the Health Act 2004. Accordingly, the (Ms Harney): In 2001 the Oireachtas Joint Com- Department has requested the Parliamentary mittee on Health and Children in its report on Affairs Division of the Executive to have this childhood immunisation recommended that legis- matter investigated and to reply directly to the lation be drawn up to provide for a national vac- Deputy. cine injury compensation scheme. The feasibility of introducing such a scheme is currently under Question No. 274 answered with Question examination in my Department. This process is at No. 144. an advanced stage and will be given priority in 2006. Cases such as the one referred to by the 275. Mr. Crawford asked the Ta´naiste and Deputy could be considered in the light of the Minister for Health and Children the number of possible establishment of such a scheme. respite beds available for disabled-handicapped people in the Cavan-Monaghan region; her views Health Services. on whether there are at least 70 families needing 271. Ms McManus asked the Ta´naiste and this type of service; her further views on whether Minister for Health and Children when the neces- there is a great need to help such families in every sary service for assessment and initiation of way possible; and if she will make a statement on methadone treatment will be provided; the follow the matter. [10899/06] up treatment services for drug users in the former Southern Health Board area where patients have Minister of State at the Department of Health to travel into Cork to get this service; and if she and Children (Mr. T. O’Malley): The Deputy’s will make a statement on the matter. [10895/06] question relates to the management and delivery of health and personal social services, which are Ta´naiste and Minister for Health and Children the responsibility of the Health Service Executive (Ms Harney): The Deputy’s question relates to under the Health Act 2004. Accordingly, my the management and delivery of health and per- Department has requested the parliamentary sonal social services, which are the responsibility affairs division of the executive to have this of the Health Service Executive under the Health matter investigated and reply directly to the Act 2004. Accordingly, my Department has Deputy. 1321 Questions— 21 March 2006. Written Answers 1322

276. Mr. Naughten asked the Ta´naiste and tive in 2003 for funding for treatment abroad in Minister for Health and Children when a reply respect of a person (details supplied) in County will be issued to correspondence (details Cork who is suffering from a very rare disease, supplied); the reason for the delay in same; and has not been approved; if her attention has if she will make a statement on the matter. further been drawn to the fact that despite several [10915/06] requests from the persons medical team, no pro- gress has been made in this application; if her Ta´naiste and Minister for Health and Children attention has further been drawn to the fact that (Ms Harney): The Deputy’s question relates to everyday without treatment causes further deter- correspondence addressed to the chief executive ioration to this person’s medical condition and officer of the Health Service Executive. My overall well being; and if she will address this Department has been informed by the HSE that matter with the priority and seriousness which it a reply has now issued. deserves. [10968/06]

277. Mr. Stanton asked the Ta´naiste and Mini- Ta´naiste and Minister for Health and Children ster for Health and Children the situation per- (Ms Harney): The Deputy’s question relates to taining in the different Health Service Executive the management and delivery of health and per- areas regarding refunds or payments of travel sonal social services, which are the responsibility expenses in cases where older people are unable of the Health Service Executive under the Health to use or avail of public transport and where they Act 2004. Accordingly, my Department has are obliged to attend for medical appointments; requested the parliamentary affairs division of and if she will make a statement on the the executive to reply directly to the Deputy. matter. [10916/06] 281. Mr. N. O’Keeffe asked the Ta´naiste and Minister of State at the Department of Health Minister for Health and Children if she will and Children (Mr. S. Power): The Deputy’s ques- arrange for a copy of medical records of a person tion relates to the management and delivery of (details supplied) in County Cork to be made health and personal social services, which are the available to them. [10971/06] responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Ta´naiste and Minister for Health and Children Department has requested the parliamentary (Ms Harney): The Deputy’s question relates to affairs division of the executive to have this the management and delivery of health and per- matter investigated and reply directly to the sonal social services, which are the responsibility Deputy. of the Health Service Executive under the Health Act 2004. Accordingly, my Department has Question No. 278 answered with Question requested the parliamentary affairs division of No. 144. the executive to reply directly to the Deputy.

279. Mr. Kehoe asked the Ta´naiste and Mini- 282. Mr. N. O’Keeffe asked the Ta´naiste and ster for Health and Children if she will publish Minister for Health and Children the position the data relating to the number of patients regarding the provision of a contract for nursing awaiting admission to Du´ n Laoghaire Rehabili- home beds with the Southern Health Service tation Hospital; the length of time each patient is Executive (details supplied) in relation to two waiting; the number of staff working there; the nursing homes in Cork. [10972/06] breakdown of various staff involved; her plans to increase the facilities at the hospital; if she has Minister of State at the Department of Health satisfied herself that only one such facility exists and Children (Mr. S. Power): The Deputy’s ques- here; and her plans to change same. [10918/06] tion relates to the management and delivery of health and personal social services, which are the Minister of State at the Department of Health responsibility of the Health Service Executive and Children (Mr. T. O’Malley): The Deputy’s under the Health Act 2004. Accordingly, the question relates to the management and delivery Department has requested the parliamentary of health and personal social services, which are affairs division of the executive to have this the responsibility of the Health Service Executive matter investigated and reply directly to the under the Health Act 2004. Accordingly, my Deputy. Department has requested the parliamentary affairs division of the executive to have this 283. Mr. Lowry asked the Ta´naiste and Mini- matter investigated and reply directly to the ster for Health and Children the number of long- Deputy. term beds in a hospital (details supplied) in County Tipperary; the number that are occupied 280. Mr. N. O’Keeffe asked the Ta´naiste and on a long-term basis; the average number of vac- Minister for Health and Children if her attention ancies each week; the number of vacancies each has been drawn to the fact that an application week since 1 January 2006; and if she will make lodged with the Southern Health Service Execu- a statement on the matter. [11019/06] 1323 Questions— 21 March 2006. Written Answers 1324

Minister of State at the Department of Health Ta´naiste and Minister for Health and Children and Children (Mr. S. Power): The Deputy’s ques- (Ms Harney): The Deputy’s question relates to tion relates to the management and delivery of the management and delivery of health and per- health and personal social services, which are the sonal social services, which are the responsibility responsibility of the Health Service Executive of the Health Service Executive under the Health under the Health Act 2004. Accordingly, the Act 2004. The progression of phase3CatNaas Department has requested the parliamentary General Hospital is included in the proposed affairs division of the executive to have this Health Service Executive capital plan for 2006, matter investigated and reply directly to the which is being considered by my Department in Deputy. conjunction with the Department of Finance. I expect to be in a position shortly to revert to the 284. Mr. Stagg asked the Ta´naiste and Minister Health Service Executive in relation to agree- for Health and Children the reason a service ment on the plan overall, including a decision in which was working satisfactorily, namely, the relation to this particular project. mobile hospital service in Carbury, County Kildare, was allowed to cease; the further reason Health Services. the service cannot now provide doctors, nurses or 287. Mr. Stagg asked the Ta´naiste and Minister physiotherapists when they were previously avail- for Health and Children the reason for the delay able; and if she will make a statement on the in a response issuing in respect of Question No. matter. [11058/06] 113 of 16 February 2006 from the Health Service Executive. [11067/06] Minister of State at the Department of Health and Children (Mr. S. Power): The Deputy’s ques- Ta´naiste and Minister for Health and Children tion relates to the management and delivery of (Ms Harney): As I indicated in my response on health and personal social services, which are the 16 February, the Deputy’s question relates to the responsibility of the Health Service Executive management and delivery of health and personal under the Health Act 2004. Accordingly, the social services, which are the responsibility of the Department has requested the parliamentary Health Service Executive under the Health Act affairs division of the executive to arrange to have 2004. Accordingly, at that time, my Department this matter investigated and to have a reply issued requested the parliamentary affairs division of directly to the Deputy. the executive to arrange to have this matter inves- tigated and to have a reply issued directly to the Health Service Staff. Deputy. I understand the HSE has now issued that reply. 285. Mr. Stagg asked the Ta´naiste and Minister for Health and Children further to the letter from Cancer Screening Services. the Health Service Executive of 9 March 2006 in response to Question No. 480 of 25 January 2006, 288. Mr. Stagg asked the Ta´naiste and Minister when the Health Service Executive last adver- for Health and Children the reason for the delay tised for recruitment of speech and language in providing the information sought under Ques- therapists in the Kildare and west Wicklow areas; tions Nos. 140 of 15 December 2005 and 474 of and if internal transfers have been offered for 25 January 2006. [11068/06] therapists who may wish to transfer to the areas from other parts of the country. [11063/06] Ta´naiste and Minister for Health and Children (Ms Harney): BreastCheck in conjunction with my Department is preparing an estimate of the Ta´naiste and Minister for Health and Children costs of extending the breast screening prog- (Ms Harney): The Deputy’s question relates to ramme nationally to women over the age of 64. I human resource management issues within the expect to be in a position in a matter of weeks to Health Service Executive. As this is a matter for forward to the Deputy the information requested. the executive under the Health Act 2004, my Department has requested the parliamentary Parliamentary Questions. affairs division of the executive to arrange to have this matter investigated and to have a reply issued 289. Mr. Stagg asked the Ta´naiste and Minister directly to the Deputy. for Health and Children the reason for the delay in issuing a response to Questions Nos. 114 of 16 Hospitals Building Programme. February 2006 and 477 of 25 January 2006 from the Health Service Executive. [11069/06] 286. Mr. Stagg asked the Ta´naiste and Minister for Health and Children the reason she has not Minister of State at the Department of Health approved the phase 3 C development of Naas and Children (Mr. S. Power): The parliamentary General Hospital, which is included in the 2006 affairs division of the Health Service Executive capital plan approved by Health Service Execu- has informed the Department that as the previous tive management team and board. [11064/06] parliamentary questions raised a national issue, 1325 Questions— 21 March 2006. Written Answers 1326 replies were sought from all Health Service Nursing Home Subventions. Executive regions. To date the parliamentary 293. Ms Shortall asked the Ta´naiste and Mini- affairs division has received responses from three ster for Health and Children the policy in respect Health Service Executive areas and is actively of charges for inpatient services in nursing homes pursuing the outstanding information with a view in respect of patients in public nursing homes and to reverting to the Deputy at the earliest pos- patients in contract beds in private nursing sible date. homes; the mechanism for levying-collecting these charges in respect of patients who are in Health Services. receipt of social welfare pensions and those who 290. Mr. Stagg asked the Ta´naiste and Minister are adult dependants on their spouse’s social wel- for Health and Children the reason for the delay fare pension; and if she will make a statement on in issuing a response to Questions Nos. 479 of 25 the matter. [11102/06] January 2006 and 116 of 16 February 2006 from the Health Service Executive. [11070/06] Ta´naiste and Minister for Health and Children (Ms Harney): The charging for long-stay care Minister of State at the Department of Health under the Health (Amendment) Act 2005 is being and Children (Mr. S. Power): The Deputy’s ques- implemented by way of the Health (Charges for tion relates to the management and delivery of In-Patient Services) Regulations 2005. These health and personal social services, which are the regulations were signed on 14 June 2005 and responsibility of the Health Service Executive reinstated charges for inpatient services and pro- under the Health Act 2004. The Health Service vided for the levying of a charge in respect of the Executive has advised that it issued a reply to the maintenance of persons in receipt of inpatient Deputy on 17 February 2006 in respect of the services. The regulations were prepared following questions to which the Deputy refers. extensive consultation with the Health Service Executive and others. Health Services Staff. Section 53 of the Health Act 1970, as amended by the Health (Amendment) Act 2005, provides, 291. Mr. Deenihan asked the Ta´naiste and inter alia, for the levying of a charge where Minister for Health and Children if nurses work- inpatient services have been provided for a ing in Dingle Hospital, which is a Gaeltacht area period of not less than 30 days or for periods of Kerry, will be granted an extra allowance for aggregating not less than 30 days within the pre- speaking Irish in the workplace similar to their vious 12 months. In this regard, charging of counterparts in Carraroe in the Connemara Gael- patients in long-term care commenced on 14 July tacht; and if she will make a statement on the 2005, which was after the expiration of 30 days matter. [11080/06] after the regulations were signed. The regulations, in keeping with section 53 of Tanaiste and Minister for Health and Children ´ the Health Act 1970, as amended, have provided (Ms Harney): The Deputy’s question relates to for two different classes of persons on whom the management and delivery of health and per- charges can be levied. Class one refers to people sonal social services, which are the responsibility in receipt of inpatient services on premises where of the Health Service Executive under the Health nursing care is provided on a 24-hour basis on Act 2004. Accordingly, my Department has those premises. In this case, a weekly charge can requested the parliamentary affairs division of be levied of \120 or the weekly income of that the executive to arrange to have the matter inves- person less \35, whichever is the lesser. Class two tigated and to have a reply issued directly to the refers to people in receipt of inpatient services on Deputy. premises where nursing care is not provided on a 24-hour basis on those premises. In this situation, Health Services. a weekly charge can be levied of \90, or the 292. Ms Shortall asked the Ta´naiste and Mini- weekly income of that person less \55 or 60% of ster for Health and Children the policy in respect the weekly income of that person, whichever is of the provision of post-operative physiotherapy the lesser. for patients suffering from dementia; and if she These regulations provide for the maximum will make a statement on the matter. [11101/06] charge to be levied on either class of person. The Health Service Executive has the power to reduce Ta´naiste and Minister for Health and Children or waive a charge on the grounds of undue hard- (Ms Harney): The Deputy’s question relates to ship. Under section 1(b) of the Health the management and delivery of health and per- (Amendment) Act 2005, the Health Service sonal social services, which are the responsibility Executive can examine a person’s overall finan- of the Health Service Executive under the Health cial situation in view of the person’s reasonable Act 2004. Accordingly, my Department has expenditure in relation to themselves or their requested the parliamentary affairs division of dependants, if any. the executive to have a reply issued directly to The mechanism for levying and collecting the Deputy. charges in respect of patients in receipt of social 1327 Questions— 21 March 2006. Written Answers 1328

[Ms Harney.] operated by the Health Service Executive. welfare pensions and also in respect of patients However, I understand from Minister for Edu- who are adult dependants on the social welfare cation and Science, Deputy Hanafin, that an pension of their spouse, is an operational matter inspection of the school to which the Deputy for the Health Service Executive. The Health refers was conducted in the school year 2001-02 Service Executive has informed me that the pati- as part of the regular programme of school ent has a choice of two mechanisms to pay the inspections conducted during that year. charge. The patient can ask the Health Service The social services inspectorate has been in Executive to become an agent on their pension. operation on an administrative basis since 1999. The Health Service Executive would then cash During this time it has inspected all children’s the pension on a weekly basis and either give the residential centres which are operated by the balance of the pension to the patient on the ward Health Service Executive, former health boards, or lodge the balance to the patient private prop- and piloted some inspections of foster care erty account. The alternative option available to services against national standards. Its prog- the patient is to receive an invoice from the ramme of inspection is ongoing. Health Service Executive on a monthly basis for As the Deputy may be aware, there are com- the charge due. Normally the next of kin would mitments in Sustaining Progress the social part- arrange payment of this invoice directly to the nership agreement 2003-05, An Agreed Prog- Health Service Executive. The mechanisms out- ramme for Government, June 2002, and the lined above can be chosen by the patient in all health strategy, Quality and Fairness, in regard to cases whether the patient has their own pension the establishment of the social services inspector- book or where a joint pension book exists in the ate on a statutory basis and the extension of its case of a spouse and adult dependant. remit to other social services including residential The position in regard to the mechanism for services for people with disabilities and older levying the charge in respect of patients who are people. It is the intention to include the necessary in receipt of social welfare pensions and those legislative provision for the establishment of the who are adult dependants on their spouse’s social functions of the social services inspectorate on a welfare is as follows. Section 1(b) of the Health statutory basis and the extension of these func- (Amendment) Act 2005 states that the Health tions in the Bill which will also establish the Service Executive shall have regard to the per- Health Information and Quality Authority, son’s overall financial situation, including the HIQA. means of the spouse, if any, of that person in The Ta´naiste announced on 7 March 2006 that addition to the persons own means, in view of the Government had agreed to the undertaking the person’s reasonable expenditure in relation to of a public consultation process on the draft himself or herself and his or her dependants. if general scheme of the Bill providing for the any. It is a matter for the Health Service Execu- establishment of the HIQA. The draft heads of tive, based on its own legal advice and taking into the Bill provide for, inter alia, the establishment account the individual circumstances as well as within HIQA of the office of the chief inspector the service being provided, to make a decision on of social services and the establishment of a regis- any charges levied. tration system for residential services for children in need of care and protection, for persons with Health Service Inspections. disabilities and for older people. The public con- sultation will commence within the next few 294. Ms Shortall asked the Ta´naiste and Mini- weeks. ster for Health and Children if she will provide details of all inspections carried out by the social Question No. 295 answered with Question services inspectorate and other agencies in No. 149. relation to compliance under legislation, includ- ing under the Child Care Act 1991, of a facility (details supplied) in Dublin 9 over the past five Schools Building Projects. years. [11103/06] 296. Mr. Lowry asked the Minister for Finance if his attention has been drawn to the circum- Minister of State at the Department of Health stances at a school (details supplied) in County and Children (Mr. B. Lenihan): I understand Tipperary; if a school building project at a school from my colleague, the Minister for Education will be approved; and if he will make a statement and Science, Deputy Hanafin, that the service in on the matter. [10023/06] question is a special school and is the responsi- bility of the Department of Education and Minister of State at the Department of Finance Science. It does not come within the remit of the (Mr. Parlon): The asbestos roof sheeting on the inspection of children’s residential centres by the gym of the school referred to, which was Health Service Executive provided for in the damaged and leaking, was replaced by the Com- Child Care Act of 1991. Neither does it come missioners of Public Works on behalf of the within the remit of the social services inspectorate Department of Education and Science as part of who inspect residential child care services the asbestos management programme in schools. 1329 Questions— 21 March 2006. Written Answers 1330

The additional works requested, namely, the struction of the three schemes is likely to take replacement of the gym flooring, are not directly five years. related to the asbestos removal works and are not included in the programme. Regional Development. 299. Dr. Cowley asked the Minister for Finance Disabled Drivers. what have the group of western Ministers called 297. Mr. Deenihan asked the Minister for Fin- together to overview the spending and drawdown ance when the appeal by a person (details for the Border, midland western region of the supplied) in County Kerry for vehicle registration national development plan fund; the emergency tax exemption will be considered; and if he will plan the Government has in place for the Border, make a statement on the matter. [10165/06] midland western region; the disbursement plans of national development plan funds which are in Minister for Finance (Mr. Cowen): I under- place for the west; and if he will make a statement stand that the appeal referred to by the Deputy on the matter. [10362/06] is an appeal to the disabled drivers medical board Minister for Finance (Mr. Cowen): I take it that of appeal in connection with a refusal of a the group of Ministers to which the Deputy is primary medical certificate, necessary for qualifi- referring is the group which was established in cation for the tax exemptions under the disabled 1997 by the previous Government to perform a drivers and disabled passengers (tax concessions) specific task. It was established to facilitate reg- scheme. The medical board of appeal is indepen- ular contact between the then Minister of State dent in its functions. Queries in respect of the with special responsibility for rural development appeal should be addressed by the person con- and ministerial colleagues from the west on cerned to the secretary to the board, Disabled matters of concern to the Western Development Drivers Medical Board of Appeal, c/o National Commission in its work towards promoting the Rehabilitation Hospital, Rochestown Avenue, economic and social development of the western Du´ n Laoghaire, County Dublin, tel. no. 2355279. region. In regard to the second element in the Deputy’s question, there is in fact no such plan. Flood Relief. Regarding disbursements, the national 298. Mr. Sherlock asked the Minister for Fin- development plan is delivered through a number ance the position regarding the Fermoy flood of operational programmes in the BMW region. relief scheme; if a contract for the scheme has These are directly managed and implemented by been selected; when work on the scheme will Departments, the BMW regional assembly and commence; the length of time this work will take; other agencies. Investments in the BMW region and if he will make a statement on the matter. will continue under the national development [10218/06] plan until the end of 2006 with respect to Exchequer only funded projects and to the end Minister of State at the Department of Finance of 2008 for projects co-funded by the Structural (Mr. Parlon): The Office of Public Works will Funds. I draw the Deputy’s attention to my reply shortly seek approval from the Department of to Question No. 105 of 9 March 2005 in which I Finance to commence detailed design of the outlined my Department’s responsibility with Munster Blackwater — Fermoy North — drain- respect to resources for the national development age scheme. Once approval to proceed is plan. Departments have been asked to ensure obtained, the detailed design along with any that the investment objectives for the BMW necessary site investigations will occur and will be region are prioritised. followed by the procurement process for a works Table 1 sets out the indicative expenditure pro- contractor. It is anticipated that construction of files and the estimated expenditure incurred the first of three schemes within the overall Fer- under each operational programme in the moy project would commence early in 2007. Con- Border, midland and western, BMW, region.

Table 1 — Total Profiled and Estimated Expenditure in BMW Region, January 2000 to end June 2005

Operational Programme Profile Expenditure Expenditure versus Profile

\m \m%

Economic and Social Infrastructure 5,319 4,514 85 Employment and Human Resources Development 3,378 3,156 93 Productive Sector 2,030 692 34 Border, Midlands and Western Regional 3,168 1,946 61 PEACE II and Technical Assistance 145 86 59

Total Expenditure 14,040 10,390 74 1331 Questions— 21 March 2006. Written Answers 1332

[Mr. Cowen.]

Profiles and Expenditure data includes all NDP expenditure profiles and estimated expenditure sources of funding: Exchequer, EU and Private. by the Exchequer for the same period in the As the vast bulk of NDP spending is financed BMW region for the operational programmes. by the Exchequer, table 2 sets out the indicative

Table 2 — Profiled and Estimated Exchequer Expenditure in BMW Region January 2000 to end June 2005

Operational Programme Profile Expenditure Expenditure versus Profile

\m \m%

Economic and Social Infrastructure 3,756 3,633 97 Employment and Human Resources Development 3,238 2,903 90 Productive Sector 1,663 514 31 Border, Midlands and Western Regional Programme 2,542 1,557 61 PEACE II and Technical Assistance 248 111 45

Total Exchequer Expenditure 11,447 8,717 76

The expenditure data presented in the tables diture will continue on these programmes until relate to the period from January 2000 to the end the end of 2008. of June 2005, the latest data reported to the oper- ational programme monitoring committees. The Mobile Telephony. 2005 annual expenditure profiles have been 300. Mr. Sargent asked the Minister for Fin- reduced by half in calculating the profile. ance in regard to the mobile phone transmitters However, the Deputy will be aware that signifi- which are placed on Howth Garda station, the cant expenditure, particularly Exchequer expen- plans which exist to put further transmitters at diture, takes place in the latter half of the year. this location; his views on same in view of the The position will become clearer when expendi- presence of a cluster of three transmitters at ture data to the end of December 2005 become Howth yacht club which is some distance from available in April prior to the spring meetings of residences, schools and so on and as a location the monitoring committees. is therefore more in line with the precautionary The Deputy will note from the data presented principle; and in further view of the fact that it is in table 2 that the Exchequer contribution to the stated Government policy to encourage co- BMW region under the key economic and social location of mobile phone transmitters, would it infrastructure operational programme, ESIOP, is not be more appropriate to use this alternative very near to profile. Performance of the employ- location rather than one immediately surrounded ment and human resource operational prog- by houses. [10489/06] ramme, EHROP, is also on course. Both prog- rammes are likely to achieve the NDP targets for Minister of State at the Department of Finance Exchequer expenditure. (Mr. Parlon): One mobile phone company has The performances of the productive sector and telecommunications equipment installed on the the BMW regional operational programmes mast at Howth Garda station under a licence remain disappointing due a number of factors agreement dating from 1997. The Commissioners such as poor demand for a number of schemes, of Public Works have recently it a further licence particularly in the agricultural sector. Spending to upgrade its equipment on this site to provide on research and development has also been less 3G services. Two other companies have applied than profile owing to initial excess optimism in to co-locate on the mast and their licences are relation to the timing of expenditure in the being finalised. region. There has also been poorer than expected The OPW encourages co-location where pos- private sector involvement in these programmes. sible in line with Government policy. It is our The underspend in the BMW regional oper- understanding that more than one site for antennae is necessary in Howth because usage is ational programme is also a feature of the equiv- approaching antenna capacity limits for a single alent operational programme in the southern and location. eastern region. These operational programmes and the PEACE programme are unlikely to Work-Life Balance Schemes. achieve their end 2006 targets. However, it should be noted that considerable EU co-funded expen- 301. Mr. Bruton asked the Minister for Finance 1333 Questions— 21 March 2006. Written Answers 1334 his views on amending the regulations for term Council on 8 February 2006, if there has been any time working to include shorter breaks of four progress in the identification and purchase of a or six weeks; the merits and drawbacks of such a site for the new national school for Kill in County proposal; and if he will make a statement on the Kildare. [11048/06] matter. [10584/06] Minister of State at the Department of Finance Minister for Finance (Mr. Cowen): I assume (Mr. Parlon): The Commissioners of Public the Deputy is referring to the term time arrange- Works in Ireland act as agents for the Depart- ments that apply in the Civil Service and in cer- ment of Education and Science in the acquisition tain parts of the public service. In replying, I will of sites for primary schools. Following the meet- refer to the arrangements in the Civil Service for ing with Kildare County Council on 8 February which I have direct responsibility. 2006 negotiations to acquire a suitable site for In December 2000, term time was introduced Kill national school have reached an advanced as a pilot scheme for all civil servants covered by stage. However, it would be inappropriate to the conciliation and arbitration scheme and pro- reveal the precise details at this point as it would vided for ten weeks or 13 weeks’ special unpaid likely prejudice future negotiations. leave for parents or primary carers. At present, an eight-week term time scheme is being piloted. Oilea´in Amach o´ n gCo´ sta. The merits and drawbacks of a proposal for 304. D’fhiafraigh Mr. J. Higgins den Aire Air- other periods of leave in the Civil Service term geadais an dtabharfaidh se´ tuairisc maidir leis an time scheme have to be carefully assessed in the mBlascaod Mo´ r a oscailt don phobal. [10962/06] context of work-life balance policies and the busi- ness requirements of the Civil Service. I under- Minister of State at the Department of Finance stand that the issue is being discussed with the (Mr. Parlon): Ta´ Oifig na nOibreacha Poiblı´ ag Civil Service unions at present and I do not want ple´ le hu´ ine´irı´ talu´ n an oilea´in faoi la´thair maidir to anticipate these at this stage. le maoin an oilea´in a cheannach. Beidh an However, as well as term time, the Civil Service t-oilea´nla´n-oscailte don phobal nuair a bheidh has a wide range of family friendly and work-life ceannach na maoine crı´ochnaithe, agus tar e´is do balance schemes in operation, including, inter che´ nua a tho´ ga´il ar an oilea´n, uasghra´du´ a alia, flexi-time, work sharing, career breaks, leave dhe´anamh ar na ha´iseanna ag Du´ n Chaoin agus for domestic reasons, paternity leave, bereave- socruithe a dhe´anamh maidir le caomhnu´ na ment leave and marriage leave. These various hoidhreachta to´ gtha agus na´du´ rtha. options are in addition to the general statutory entitlements such as maternity leave, adoptive leave, parental leave and so on and, together with Tax Collection. family friendly and work-life balance schemes, 305. Mr. Carey asked the Minister for Finance represent good employment arrangements for if a person (details supplied) in Dublin 9 should staff. be paying income tax; and if he will make a state- ment on the matter. [10047/06] Garda Stations. Minister for Finance (Mr. Cowen): I have been 302. Mr. Stagg asked the Minister for Finance advised by the Revenue Commissioners that the the reason the gardaı´ in Carbury, County Kildare, person has not paid any income tax on his pen- have not moved to their new Garda station in sions because his income has been below the rel- Derrinturn, County Kildare; and the action being evant exemption limits. He has consequently not taken to resolve the matter. [10760/06] been in contact with Revenue for many years. However, deposit interest retention tax was Minister of State at the Department of Finance deducted from interest which he and his wife (Mr. Parlon): A new lightning protection specifi- received on their investment income. Owing to cation has been introduced in respect of all their age and income level, they are entitled to a communications masts on Garda stations. It was refund of deposit interest retention tax amount- necessary to structurally design and manufacture ing to \3,769.18 for the past four years. A cheque a stayed pole that would integrate with this will issue shortly. system for Cabury-Derrinturn Garda station. The The Revenue Commissioners have been in building will be handed over in early April. contact with the person concerned and advised him that he may be due further refunds in respect Site Acquisitions. of deposit interest retention tax. On receipt of the 303. Mr. Stagg asked the Minister for Finance relevant details from the financial institutions, further to the meeting between the Office of any further refund due will be dealt with with- Public Works and officials from Kildare County out delay. 1335 Questions— 21 March 2006. Written Answers 1336

Motor Vehicle Registration. In regard to the issue of allowing a VAT exemption on the purchase of such a service by 306. Ms Shortall asked the Minister for Finance a person with disabilities or a visually impaired the way in which number plate providers are person, the position is that the rate of VAT which regulated here; his plans to introduce registration applies to a particular good or service is deter- and monitoring of such providers to allow for the mined by the nature of the good or service, and greater enforcement of road traffic law and to not by the status of the consumer. There is no curb crime. [10064/06] provision in European VAT law that would allow Minister for Finance (Mr. Cowen): With regard for the introduction of a VAT exemption on the to car registration regulations, the Revenue Com- purchase of such services by consumers with dis- missioners are the vehicle registration authority abilities or a visually impaired person. However, in the State. I am advised by the Revenue Com- under the Value Added Tax (Refund of Tax) missioners that the owner-driver of a vehicle is (No. 15) Order 1981, it is possible to obtain a responsible for ensuring that his-her vehicle regis- VAT refund in respect of the purchase of a pen- tration plates comply with the law and it is an dant alarm system as it is considered a medical offence under section 139(1)(b) of the Finance device for the purpose of this refund order. Act 1992 to be in possession of a vehicle dis- Applicants should contact the Revenue Commis- playing a vehicle registration plate in a format sioners, VAT Repayments (Unregistered other than as prescribed. The format, dimensions Section), Kilrush Road, Ennis, County Clare. and technical specifications of identification VAT on monitoring and maintenance fees are marks of vehicle registration plates to be dis- not recoverable. played on vehicles in the State are set out in SI In addition, the Deputy may be aware of the 318/92 as amended by SI 432/99. These regu- community support for older people scheme lations are well known and widely understood by which is operated by the Department of Com- the motor trade. munity, Rural and Gaeltacht Affairs. The pur- The Deputy may wish to note that Revenue pose of the scheme is to encourage and assist the mobile units and the Garda Sı´ocha´na are actively community’s support for older people by means engaged in the detection of vehicles displaying of a community-based grant scheme to improve non-conforming registration plates and that the the security of its older members. Funding under Department of Transport, which has responsi- the scheme can be provided for small-scale secur- bility for the provision of the national car test, ity equipment designed to strengthen points of rates such display as a fail in its test. There are entry to the dwelling, including security lighting, no plans to impose further regulatory control in smoke alarms and for the once-off cost of instal- this area, such as by regulating the providers of ling socially monitored personal alarm systems. the number plates. Annual monitoring fees or maintenance fees associated with socially monitored alarm systems Tax Code. are not provided for under the scheme. The VAT refund for the purchase of a personal security 307. Ms Shortall asked the Minister for Finance alarm by or on behalf of a disabled or elderly if it is correct that a VAT rate of 21% is applied person combined with the community support for to the bill for a social alarm monitoring service; older people scheme outlined above are if a VAT exemption applies to the purchasing of important measures that go towards ensuring that such a service by a person with disabilities or a those who are most in need of security systems visually impaired person; and if he will make a can avail of them. statement on the matter. [10068/06] Liquor Licensing Laws. Minister for Finance (Mr. Cowen): The posi- tion is that the VAT rating of goods and services 308. Mr. Allen asked the Minister for Finance is subject to the requirements of EU VAT law if he will provide a comprehensive and up-to-date with which Irish VAT law must comply. Member list held by the Revenue Commissioners of all states are only able to apply the reduced VAT licensed premises in Cork city and county. rate to those goods and services which are listed [10070/06] under annex H of the EU Sixth VAT Directive. As the service referred to by the Deputy is not Minister for Finance (Mr. Cowen): Iam listed under annex H, it would not be possible to informed by the Revenue Commissioners that the apply the reduced VAT rate to monitoring fees comprehensive and up-to-date list of all premises charged by service providers for socially moni- licensed to sell intoxicating liquor by retail in tored alarms. The monitoring of home security Cork City and County, as held by the Revenue systems are, therefore, subject to the standard Commissioners on 9 March 2006, comprises a VAT rate of 21%. total of 1,782 licences. A copy of the list, which 1337 Questions— 21 March 2006. Written Answers 1338 exceeds 90 pages, is being forwarded to the customers. Public bodies and others can then Deputy. view the current tax clearance status on line, with the permission of the applicant, through the use Motor Vehicle Registration. of a tax number and PIN number supplied by Revenue to the applicant. Revenue is finalising 309. Mr. Kenny asked the Minister for Finance the details relating to the implementation of this if his attention has been drawn to whether the initiative and will make a formal announcement Revenue Commissioners can provide on-line shortly. vehicle registration tax for motor vehicle dealers and on-line form and electronic publishing of tax clearance status; if not, the reason this service is Electronic Projects. not available; and if he will make a statement on 310. Mr. Kenny asked the Minister for Finance the matter. [10082/06] if the e-Estimates project has been completed; if not, the reason therefore; and if he will make a Minister for Finance (Mr. Cowen): Iam statement on the matter. [10095/06] advised by the Revenue Commissioners that an on-line vehicle registration tax system is available Minister for Finance (Mr. Cowen): The e- since November 2002. Using the Revenue on-line Estimates project was completed according to service, ROS, motor dealers can register new specification early in 2005. It went into live imple- vehicles on-line in their own time seven days a mentation in April 2005 and was fully operational week. More than 94% of all new vehicles are for the 2006 Estimates cycle. registered via ROS. As regards payment of VRT, motor dealers Environmental Policy. also arrange payment of the VRT due when regis- tering the new owner of the vehicle in ROS by 311. Mr. Connolly asked the Minister for Fin- nominating whether the payment is to be made ance if it is proposed to introduce a carbon tax in from their FACT or deferred account. FACT, the foreseeable future; his views and best esti- flexible accounting of cash transactions, accounts mate of its implications for carbon emission lev- are held by Revenue and motor dealers lodge els; and if he will make a statement on the money to these accounts for payment of VRT matter. [10106/06] when due. Deferred accounts are, in effect, guaranteed bank accounts which the motor Minister for Finance (Mr. Cowen): The climate dealer arranges with their bank to guarantee pay- change strategy says that from 2002 onwards ment of VRT. Motor dealers can also use ROS to taxes will begin to take into account the amounts look up their VRT account balances. This secure of greenhouse gases produced in any activity. It electronic service is of benefit to the motor is Government policy to take greenhouse gas dealer, particularly during the peak vehicle regis- emissions into account when formulating or tration months at the beginning of each year developing tax policy in any particular area. when they need to ensure that sufficient funds are In September 2004, the Government decided available in these accounts to pay the tax due. not to introduce a specific carbon tax, following Used vehicles continue to be registered at vehicle a thorough examination of the issues involved, registration offices and still require to be exam- including how a carbon tax would be ined by Revenue officers. However, since implemented and the associated environmental, September 2004, there is an on-line vehicle economic and social impacts. In addition, my inquiry system where customers can calculate in Department carried out an extensive consultation advance the vehicle registration tax payable on process in which 117 written submissions were used vehicles being imported into this country. received. Following this examination, the This facility is available to the public and has Government decided that a carbon tax was not been very successful with more than 1.1 million an appropriate policy option and that, instead, it inquiries made to-date. would intensify action on the other measures The Revenue Commissioners already provide under the national climate change strategy. The an on-line application form for applicants for tax Government concluded that the environmental clearance certificates on their website, www.rev- benefits of a carbon tax would not justify the enue.ie, and will shortly launch an on-line verifi- difficulties that would arise, particularly for cation facility that will enable verification of tax households, from the introduction of such a tax. clearance status. The verification system will be In this respect, the carbon energy tax would have available to self-employed and corporate imposed price increases on many products customers of Revenue. Applicants for tax clear- already suffering sharp increases, particularly as ance certificates will have the option, in the pro- a result of increases in international oil prices. cess of completing their tax clearance application, While a carbon tax would have involved a range to make their tax clearance status visible to their of compensatory measures, these would not fully 1339 Questions— 21 March 2006. Written Answers 1340

[Mr. Cowen.] of office accommodation in the new locations. address the adverse economic and social effects The full contents of this report can be accessed at arising. Moreover, a carbon tax would apply to www.decentralisation.gov.ie. The final construc- products which are in the main already subject to tion dates can only be confirmed when the tender excise duties and where a new tax is not specifi- process has been completed in respect of each cally necessary to increase tax rates. location and are contingent on the level and qual- The carbon energy tax was just one possible ity of market interest in respect of sites, successful element of the Government’s approach to meet- negotiation of contracts, receipt of acceptable ing Ireland’s commitments under the Kyoto Pro- planning permissions, timely completion of briefs tocol to which the Government remains fully and successful acquisition of suitable sites. I committed. Taxation can play a part in attaining understand that the OPW is updating the position environmental objectives. However, as Minister on the property aspects of the programme in light for Finance, I am concerned to ensure that in of experience to-date. developing policy on tax measures, we take into Discussions have progressed with the Civil account any effects on Ireland’s international Service general service unions on a number of competitiveness, particularly in regard to non-EU human resource and industrial relations issues. countries which compete with us and which may Actual movement of staff within and between have low taxes on energy. I am also concerned in Departments and offices is now under way with framing policy about the effect that the impos- more than 1,200 staff already assigned to posts ition of such taxes may have on the consumer which will decentralise. Discussions are continu- price index and how they could impact on the less ing with the professional and technical staff rep- well off members of our community. resentatives in respect of arrangements for staff Apart from the carbon tax, the national climate in those grades. change strategy envisages other initiatives in the In regard to the State agencies, the decentralis- tax area with one such example being tax reliefs ation implementation group took the view that it for green initiatives. This approach uses the tax would not seek to dictate every step in the pro- system to provide incentives for certain behav- cess to the management of the State agencies. iour. In this regard, I would refer the Deputy to Although the group proposed a group of State the significant biofuels excise relief scheme which agencies for early mover status, it did not include I announced in the budget and for which pro- specific timeframes in recognition of this vision has been made in the Finance Bill 2006. approach and also of the fact that it is the The Bill also contains a complementary provision responsibility of the board and senior manage- which provides for VRT relief, in 2006 and 2007, ment of each agency to implement Government for cars which are manufactured to use either bio- policy. The group stated in its June 2005 report fuels or conventional fuel, flexible fuel vehicles. that each agency included in the programme should have a successful relocation as a high level Decentralisation Programme. strategic objective and should prepare the next 312. Mr. Connolly asked the Minister for Fin- and deeper iteration of its implementation plan. ance the state of the decentralisation process; the I understand that agencies are preparing these percentages in the various Departments and plans at present. In the meantime, the OPW is agencies who have applied to move; if pro- continuing to seek property solutions in respect motional opportunities have been made contin- of any agency that requires it. gent on willingness to decentralise; and if he will In regard to promotional opportunities, it has make a statement on the matter. [10107/06] been clear from the announcement of the prog- ramme that promotion policies in the Civil and Minister for Finance (Mr. Cowen): I am satis- public service must take account of the reality of fied that good progress continues to be made on the decentralisation programme. Discussions with this ambitious programme. I am particularly the unions representing general service grades in pleased with the continuing popularity of the the Civil Service are at an advanced stage. Under programme among civil and public servants. these arrangements, a proportion of all pro- There are approximately 10,600 applications on motion posts are linked to decentralisation. Dis- the central applications facility. cussions with the unions representing pro- I would like to refer the Deputy to the decen- fessional and technical personnel are also tralisation implementation group’s report of June ongoing. As part of their planning process, the 2005 which identified progress on property, State agencies are also taking account of how implementation planning, numbers of applicants, recruitment and promotion opportunities may human resources issues and industrial relations facilitate the early achievement of the decentra- issues. In line with the group’s approach to phas- lisation targets in an efficient manner. ing, the report provided indicative construction The following tables provide information on start and completion dates for the procurement the number of applicants for each Civil Service 1341 Questions— 21 March 2006. Written Answers 1342

Department-office going to a new location, internal and external applicants. The data in both broken down into internal and external appli- table relate to position at May 2005. My Depart- cants, and the number of applicants for each State ment will have an update of this data shortly and agency going to a new location, broken down into can provide it to the Deputy in due course.

Internal/External Breakdown of CAF Applicants for Civil Service Departments/Offices in new locations up to May 2005

External Internal Internal CAF Total Applicants Applicants Applicants Posts as % of Posts

%%

Athlone — Education & Science 107.5 70 24 94 22 Athy — Revenue Commissioners 250 53 88 141 35 Buncrana — Social & Family Affairs 118 23 20 43 17 Carlow — Enterprise, Trade & Employment 312 187 61 248 20 Carrickmacross — Social and Family Affairs 0 45 40 85 N/A Carrick-on-Shannon — Social & Family Affairs 220 92 197 289 90 Cavan — Communications, Marine & Natural 378 157 19 176 5 Resources Claremorris — Office of Public Works 142 174 12 186 8 Clonakilty — Communications, Marine & Natural 90 129 23 152 26 Resources Donegal — Social & Family Affairs 258 68 41 109 16 Drogheda — Communications, Marine & NR 47 65 23 88 49 Drogheda — REACH 11 9 1 10 9 Drogheda — Social & Family Affairs 556 351 327 678 59 Fermoy — Agriculture & Food 100 47 42 89 42 Furbo — Community, Rural & Gaeltacht Affairs 12.5 13 1 14 8 Kanturk — Office of Public Works 88 79 11 90 13 Kildare — Department of Finance (CMOD) 33 29 13 42 39 Kildare — Revenue Commissioners 379.1 42 88 130 23 Kilkenny — Environment, Heritage & LG 62 70 7 77 11 Killarney — Arts, Sport & Tourism 137 189 13 202 9 Kilrush — Revenue Commissioners 50 38 42 80 84 Knock Airport — Community, Rural & GA 159.9 178 9 187 6 Limerick — Development Co-operation Ireland 124 181 36 217 29 Listowel — Revenue Commissioners 50 30 34 64 68 Longford — Prison Service HQ 158 141 44 185 28 Loughrea — Transport 40 80 20 100 50 Macroom — Agriculture & Food 100 47 46 93 46 Mullingar — Education & Science 292 184 73 257 25 Navan — Probation & Welfare Service 102 136 3 139 3 New Ross — Environment, Heritage & LG 50 79 4 83 8 Newbridge — Defence 125 357 79 436 63 Newcastle West — Revenue Commissioners 199 26 87 113 44 Portarlington — Data Protection Commissioner 21 20 1 21 5 Portarlington — Equality Tribunal 28.5 21 1 22 4 Portlaoise — Agriculture & Food 583 152 91 243 16 Roscommon — Land Registry 230 149 20 169 9 Roscrea — Equality Authority 53 44 0 44 0 Roscrea — Garda Sı´ocha´na Complaints Board 23 22 0 22 0 Sligo — Social & Family Affairs 88 64 29 93 33 Thurles — Garda HQ (Part) 114 153 18 171 16 Tipperary — Justice, Equality & Law Reform 186 128 6 134 3 1343 Questions— 21 March 2006. Written Answers 1344

[Mr. Cowen.]

External Internal Internal CAF Total Applicants Applicants Applicants Posts as % of Posts

%% Trim — Office of Public Works 328 350 103 453 31 Tullamore — Finance 134 121 20 141 15 Waterford — Environment, Heritage & LG 225 109 11 120 5 Wexford — Environment, Heritage & LG 249 233 21 254 8 Youghal — Public Appointments Service 100 88 2 90 2 Youghal — Valuation Office 99 25 3 28 3

Totals 7212.5 5,452 1,854 6,902

The balance of applications on the CAF are made This analysis also excludes new applications up of roughly 1,100 applications for public service received since May 2005. organisations (State Agencies) in new locations, and approximately 1800 applications for existing provincial offices.

Internal/External Breakdown of CAF Applicants for State Agencies up to May 2005

CAF Posts External Internal Total Internal Applicants Applicants Applicants as a % of Posts

%

Arklow — NSAI 132 117 11 128 8 Athlone — Higher Education Authority 53 23 3 26 6 Ballinasloe — National Roads Authority 89 65 1 66 1 Birr — FAS 383 63 9 72 2 Carrick-on-Shannon — Central Fisheries Board 62 44 2 46 3 Clifden — Pobal 42 10 1 11 2 Clonakilty — BIM 93 41 0 41 0 Drogheda — Comhairle 47 11 12 23 26 Drogheda — Local Government Computer Services 91 31 35 66 38 Board Dundalk — Sustainable Energy Ireland 39 39 25 64 64 Dungarvan — OSI 199 51 14 65 7 Edenderry — FETAC 44 41 3 44 7 Edenderry — HETAC 32 5 2 7 6 Edenderry — NQAI 13 5 3 8 23 Enniscorthy — Bord Bia 64 46 18 64 28 Kilkenny — Arts Council 44 42 0 42 0 Killarney — Sports Council 23 11 0 11 0 Loughrea — National Safety Council* 11 29 0 29 0 Mallow — Fa´ilte Ireland 178 94 0 94 0 Mitchelstown — Bus E´ ireann 81 13 0 13 0 Monaghan — Combat Poverty Agency 25 36 1 37 4 Portarlington — National Educational Welfare 10 12 2 14 20 Board Portarlington — NCCA 27 5 21 26 78 Shannon — Enterprise Ireland 292 31 15 46 5 Shannon — Irish Aviation Authority 102 11 2 13 2 Thomastown — H.S.A 110 45 9 54 8 Wexford — NBA 48 2 4 6 8

2,334 923 193 1,116 * The National Safety Council will form part of the new Road Safety Authority in Loughrea. 1345 Questions— 21 March 2006. Written Answers 1346

The balance of applications on the CAF are made ing corporation tax, employer’s PAYE-PRSI and up of roughly 6,900 applications for civil service income tax for self-employed customers. Further organisations in new locations, and approxi- services offered to customers registered for ROS mately 1800 applications for existing provincial include the facility to view details of payments offices. made, returns filed or due, information provided This analysis also excludes new applications in the original registration for tax with Revenue received since May 2005. and details of all debts due to Revenue. ROS can also be used to request statements of account. Fiscal Policy. Future plans for ROS will see the following services being made available to PAYE 313. Mr. Connolly asked the Minister for Fin- customers during 2006: view-amend tax credits, ance the principal features of the Exchequer fig- view-request balancing statements, make a claim ures for January-February 2006; the way in which for health expenses and up-date personal infor- revenue and spending compare with budget 2006 mation such as address details. Revenue allows projections; and if he will make a statement on payment by debit instruction and laser card the matter. [10110/06] through its on-line facility. There is an on-line banking payment facility for self-employed Minister for Finance (Mr. Cowen): As the customers paying income tax and for customers Deputy may be aware, the monthly Exchequer paying capital gains tax. To use this facility, a returns are available on my Department’s website as are my Department’s receipts, expenditure and ROS registered customer, or their tax agent, debt service profiles for 2006. The results for the details the amount of their payment and choice first two months of 2006 confirm that the public of payment method on-line with ROS. A separate finances remain sound. There was an Exchequer transaction is then undertaken on the relevant surplus of \2.415 billion at the end of February. banking on-line website, to authorise the pay- Tax receipts to the end of February, at \7.310 ment to Revenue. Only after these actions are billion, were up 19.4% on the same period last completed will the customer’s bank account be year and were \77 million or 1.1% ahead of pro- debited by Revenue, so the customer controls file. The main excesses over profile were on capi- how much and when payment is made at all tal taxes, \131 million, corporation tax, \91 mil- times. lion, and stamp duty, \40 million, while VAT, In addition to ROS, Revenue has also income tax and excise were \163 million, \30 mil- developed its website, www.revenue.ie, to offer a lion and \12 million below profile, respectively. range of facilities to customers. The website is a Overall Exchequer issues for net voted spend- useful source of information relating to taxes and ing were \5.385 billion at the end of February duties and is tailored to suit the needs of business compared to \5.161 billion for the same period and the individual. It allows the customers to last year, an increase of \224 million or 4.3%. order forms, apply for tax clearance and claim tax This was \147 million or 2.7% below profile due credits. The site is continually updated to ensure to lower than expected issues for current spend- relevance. ing. Debt service is in line with expectations. The third area where Revenue has made sig- nificant improvements is in its telephony service. Tax Collection. Over the past 12 months, Revenue has substan- tially improved its telephone service to PAYE 314. Mr. Kenny asked the Minister for Finance customers. Customers have available to them if his attention has been drawn to the fact that self-service options to request the most popular the Revenue Commissioners have developed PAYE forms and leaflets and to claim for certain enhanced management services for customers tax credits rather than waiting to speak to an since 2000; if they can facilitate on-line banking; operator. A PAYE text messaging service is also and if he will make a statement on the matter. available. It enables the customer to request cer- [10128/06] tain PAYE forms and leaflets and to claim certain PAYE tax credits using their mobile phone. In Minister for Finance (Mr. Cowen): I am aware 2005, more than 100,000 transactions were suc- that in recent years the Revenue Commissioners cessfully completed using the available self- have taken advantage of developments in tech- service options. Future plans for telephone self- nology to deliver more and enhanced facilities for service in 2006 include the ability to monitor pro- customers. There are three main areas where gress of correspondence submitted to Revenue. Revenue has developed services with a strong I am satisfied that Revenue has been, and con- customer focus, the Revenue on-line service, tinues to be, progressive in delivering enhanced ROS, the Revenue website and their telephony facilities to its customers. service. The Revenue on-line service offers customers Tax Code. or their agents the facility to make returns and payments for a range of taxes and duties includ- 315. Mr. Bruton asked the Minister for Finance 1347 Questions— 21 March 2006. Written Answers 1348

[Mr. Bruton.] State Airports. if his attention has been drawn to arrangements 317. Mr. Quinn asked the Minister for Finance whereby a developer can enter an agreement to the number of flights that arrived at Dublin Air- build under licence on land owned by another port, Shannon Airport and Cork Airport at times party and the houses can then be sold exempt of when they have no customs officers rostered for stamp duty on the site that would arise if the duty in respect of each year since 2002; and if he developer purchased the land; and if this loop- will make a statement on the matter. [10227/06] hole has been closed. [10139/06] Minister for Finance (Mr. Cowen): Iam Minister for Finance (Mr. Cowen): Stamp duty informed by the Revenue Commissioners that is a charge on documents, which are mostly legal they do not have information on the numbers of documents, used in the transfer of property. flight movements into and out of Cork, Dublin or Where a property is purchased or swapped, stamp Shannon airports going back to 2002. Such infor- duty is charged on the conveyance or transfer mation is the property of the airport authority. It effecting change of legal ownership of the prop- has not been possible to get the same level of erty concerned. detail on flight movements from the relevant Under the stamp duty code, a developer can authority for each airport, with the result that obtain a licence from a vendor to build on land some numbers in the response are estimated. owned by the vendor without incurring a stamp Since 1993, citizens of EU countries have had duty charge at that stage of the venture. Once the the right of free movement within the EU. Cus- buildings, whether commercial or residential, are toms authorities are not permitted to impose sys- completed, the conveyances or transfers of such tematic checks on travellers whose point of origin properties to purchasers are chargeable to stamp is within the EU. In effect, intra-Community duty in the normal manner unless specific exemp- flights have been regarded as domestic since 1993. tions are available to such purchasers. A similar Customs authorities can impose selective checks stamp duty treatment would also arise in a for prohibited or restricted goods, but only on the situation where a builder or developer contracts basis of reasonable grounds for suspicion. Flights to purchase land from a vendor without taking from non-EU countries are subject to checking at legal title to the land. The developer might com- the discretion of customs. Customs experience is plete the contract and not take a conveyance but that for the purposes of detecting smuggling rather, under a power of attorney given by the flights and types of passenger can be risk-rated vendor, have the power to convey completed quite accurately and checking is now mainly risk- buildings to the ultimate purchasers. The normal driven. In addition to such risk-driven checks, stamp duty charge will arise on conveyances or random checks are sometimes performed to vali- transfers of the newly built properties to sub-pur- date risk assessment. Checks are carried out by chasers subject to any exemptions applying. In rostered staff or by on-call non-rostered staff such cases, the stamp duty, if any, is paid but at a depending on the availability of rostered staff, later stage. and on the number of officers required. Certain developments structured in the manner Throughout the period in question, Revenue outlined above have come to the notice of the has had, and continues to have, officers rostered Revenue Commissioners and the situation is on a 24 hour, seven-day week basis in Dublin Air- being kept under review. I have asked Revenue port. In regard to Shannon Airport, up to the end to let me know the outcome of their review and of 2004, staff were rostered on a 24-hour basis I will decide what action, if any, is required, bear- and all flights were attended. A review of the risk ing in mind the effect on the housing market and the cost to the Exchequer. associated with late-night flights prompted a change in 2005. During 2005, there were 17 flights per week outside of hours when rostered staff Decentralisation Programme. were on duty. Fourteen of these originated in the 316. Mr. G. Murphy asked the Minister for Fin- USA. Two flights per week originate in London ance the progress which is being made to advance Heathrow. The final regular flight outside ros- the decentralisation of the Office of Public Works tered hours is a winter holiday flight from North to Kanturk, County Cork; and if sufficient staff Africa. These flights are monitored and checked are available to relocate to Kanturk. [10140/06] as appropriate. Overall, the majority of Shannon flights outside rostered hours were attended and Minister of State at the Department of Finance checked in 2005. All scheduled flights to Cork (Mr. Parlon): The Office of Public Works is in originate within the EU. In summer, there are the negotiation phase on the acquisition of a suit- occasional unscheduled charter flights from able site in Kanturk. The indicative timeframe for holiday destinations such as Turkey, Morocco, the completion of the construction of the new etc. They are monitored and attended by non-ros- building in Kanturk is towards the end of 2008. tered officers as required. There are 15 scheduled There are 84 applications on the central appli- flights per week, Monday to Friday, three per day cations facility, CAF, in respect of the 88 posts on each of five days, that arrive during hours that scheduled on CAF for Kanturk. officers are not rostered. Ten of these originate 1349 Questions— 21 March 2006. Written Answers 1350 in the UK, two per day, and five in Dublin, one 1989-90 and 1990-91. The Revenue Commis- per day. These 15 flights are regarded as domestic sioners will review the taxpayer’s affairs in light flights. They are monitored and attended by non- of the disclosure and take appropriate action rostered officers on a risk-management basis. regarding additional tax, interest and penalties Officers are rostered at weekends for a total of due. 16 rostered hours. The officers are rostered to attend at the times of highest risk. It is estimated Tax Code. that approximately 40 flights per weekend arrive during hours that officers are not rostered for 321. Mr. S. Ryan asked the Minister for Fin- attendance. As with all flights, these are profiled ance the reason that a VAT rate of 21% applies and a proportion attended by non-rostered to a magazine (details supplied) since 1 January officers. 2006 when prior to this date they were zero rated. [10401/06] Decentralisation Programme. Minister for Finance (Mr. Cowen): There were 318. Mr. Walsh asked the Minister for Finance no changes to VAT rates in the 2006 budget. Per- if the Office of Public Works will arrange interim iodical publications such as magazines and news- accommodation for the 200 staff from the papers are generally liable to VAT at the reduced Department of Communications, Marine and rate of 13.5%. On the other hand, part-works, Natural Resources and Bord Iascaigh Mhara who that is, component parts of large works that are have volunteered to transfer to Clonakilty, published over a limited and pre-determined County Cork, and who are waiting for a decision period and which include a related binder sup- on suitable accommodation for more than two plied free of charge, are treated differently for years; and if he will make a statement on the VAT. Such part works are not regarded as per- matter. [10255/06] iodical, but rather are treated as a book or book- let and attract a zero rate of VAT. Minister of State at the Department of Finance Section 11(3) of the Value-Added Tax Act (Mr. Parlon): The Department of Communi- 1972 provides a special rule, commonly referred cations, Marine and Natural Resources has to as the package rule, for the VAT treatment of requested office accommodation in Clonakilty, to goods that are packaged for sale as a unit. To accommodate an advance party of 45 staff guard against abuse of the VAT system, such immediately and a further 45 by the end of 2006. packaged goods are made liable to VAT by refer- The estimated completion date of the permanent ence to the highest rate appropriate to any of the accommodation in Clonakilty is summer 2008. In goods in the package, which can be the 21% if this regard, when the business case has been goods, such as toys, make-up, etc, are supplied evaluated and agreed by the Department of Fin- with a magazine or newspaper. However, ance, the Office of Public Works will proceed. excluded from the package rule are goods the total VAT-exclusive value of which does not Road Network. exceed 50% of the total VAT-exclusive price of the package or 40 cent, whichever is the lesser. 319. Mr. P. Breen asked the Minister for Fin- ance if the Commissioners of Public Works have Moreover, the rule is not applied in the case of carried out maintenance works on a road (details goods which are genuinely supplied free as part supplied) in County Clare; and if he will make a of the sale of a package. For example, a news- statement on the matter. [10258/06] paper that is sold with a free CD remains liable to VAT at the 13.5% rate and does not fall into Minister of State at the Department of Finance the 21% rate. Also, in certain limited circum- (Mr. Parlon): The maintenance works on the stances, Revenue has agreed to set aside the channel in question, which forms part of the package rule and accept an apportionment of the Coonagh embankment, were largely completed total price of the packaged goods by reference to by the Office of Public Works in November 2005. the individual goods that make up the package The remaining works will be completed in April and have permitted traders to account for VAT 2006. at the appropriate rate for each of the individual goods. During 2005, as part of its normal operations, Tax Collection. Revenue had dealings with a number of suppliers 320. Mr. Timmins asked the Minister for Fin- of magazines and, in the context of giving guid- ance the position regarding correspondence ance on the practical application of the rules and (details supplied). [10385/06] regularising the VAT treatment of certain maga- zines, etc., agreed an approach with the suppliers Minister for Finance (Mr. Cowen): Iam which was to be used with effect from 1 January informed by the Revenue Commissioners that the 2006. In the light of the issues now raised, taxpayer concerned has made an unprompted Revenue will contact the suppliers in question to voluntary disclosure to them in respect of pre- ascertain the precise circumstances under which viously undeclared income for the years 1988-89, the supplies in question were made with a view 1351 Questions— 21 March 2006. Written Answers 1352

[Mr. Cowen.] and interest was examined in the context of Fin- to providing any further guidance necessary on ance Bill 2003 with a view to introducing, in so the correct application of VAT law. far as practicable, a uniform scheme which was The Finance Bill 2006 contains proposals for fair and reasonable for taxpayers, and which also replacing the current rules in this regard with took into account the position of the Exchequer. different methods of arriving at the correct VAT On foot of that review, a new provision was intro- liability on the supply of goods or services that duced in the Finance Act 2003, section 17, which are sold in conjunction with each other for a sin- gives taxpayers a general right to repayment of gle price. Under the proposed new rules, when a tax overpaid subject to a four-year claim limi- separate good, for example, a toy, CD, etc. is sup- tation period. A corollary to the restriction to plied with a magazine, the relative value of each four years of the taxpayer’s right to a repayment element of the supply will be taken into account is a new restriction on the Revenue Commis- in determining the VAT liability. The Revenue sioners going back more than four years to assess Commissioners will be issuing new guidelines on taxpayers, where fraud or neglect is not a feature the practical application of the new rules in due of the case. course. The four-year time limit came into effect from 31 October 2003 with transitional measures Freedom of Information. applying initially. Since 1 January 2005 all claims for repayment — for whatever year — are subject 322. Mr. Gogarty asked the Minister for Fin- to the four-year time limit on claims. This is the ance if it is legitimate to make verbal requests general time limit that provides the necessary under the Freedom of Information Act 1997; and, protection for the Exchequer against claims for if this is the case, the process whereby the fees repayment going back over many years. are paid and the query recorded. [10403/06] The legislation referred to above precludes the Revenue Commissioners from allowing a claim Minister for Finance (Mr. Cowen): The Free- for repayment outside these limits. Where a per- dom of Information Act provides that a request son is aggrieved by a decision of the Revenue for a record must be made in writing or in such Commissioners on a claim for repayment, the other form as may be determined by the Minister normal appeal provisions apply. for Finance having had appropriate regard to the needs of requesters. The needs of individuals who may be unable to comply with the requirement to State Property. make a written Freedom of Information request 324. Mr. N. O’Keeffe asked the Minister for is recognised in this context. Finance if assistance will be given to a local auth- Guidelines have been prepared under section ority in finalising the transfer of a site which has 6(3) of the Freedom of Information Act, which been developed into a playground (details provides that the Minister for Finance shall, fol- supplied) to the local authority; and if his atten- lowing consultation with whatever other tion has been drawn to the fact that this play- Minister(s) he or she considers appropriate, intro- ground has had to be closed which is causing duce guidelines on the provision of reasonable hardship to families who avail of the facility. assistance to persons with a disability in exercis- [10446/06] ing their rights under the Act, and that public bodies shall have regard to such guidelines. These Minister of State at the Department of Finance guidelines recommend acceptance of oral (Mr. Parlon): The property in question appears requests from requesters who are unable to read, to be vested in the Minister for Finance under the print and-or write due to their disability. In State Property Act 1954. The Commissioners of receiving oral requests, the appropriate officer Public Works will recommend to the Minister to should make a verbatim record of the request, to waive his interest in the property on receipt of the be read back to and agreed by the requester. This appropriate application from the local authority. would make such requests consistent with section 7(1) of the Act, which requires that Freedom of Tax Code. Information requests are in writing. The usual fee arrangements apply in such cases. 325. Mr. Bruton asked the Minister for Finance if there are difficulties in the Revenue computer system in automatically picking up instances Tax Code. which trigger a refund, for example, a person 323. Mr. Bruton asked the Minister for Finance becoming widowed or a person losing their job if the Revenue Commissioners consider appeals and experiencing a lapse of time before a new job for tax repayment beyond the four-year deadline, is found; and if he will make a statement on the where there are grounds of ill health for people matter. [10452/06] to make a claim. [10436/06] Minister for Finance (Mr. Cowen): Iam Minister for Finance (Mr. Cowen): The ques- advised by the Revenue Commissioners that tion of taxpayers’ entitlement to repayment of tax there is no automatic procedure in Revenue’s 1353 Questions— 21 March 2006. Written Answers 1354 computer systems for activating a tax refund I am advised that Revenue is planning to intro- where a person becomes unemployed for a period duce an on-line service for PAYE taxpayers later or has a change in personal circumstances, such this year to make it easier to self-amend tax credit as becoming widowed. In the case of a gap in certificates to reflect any change in personal cir- employment, a refund of PAYE will be made by cumstances, and to claim tax refunds. Revenue on receipt of a claim for an unemploy- ment repayment. If an unemployment repayment Alcohol Data. tax refund claim is not made to Revenue and the 326. Mr. Bruton asked the Minister for Finance employee takes up a new employment, then the if the Revenue Commissioners have published or new employer will deal with any refund due, cal- retained data for the volume of beer, cider, wine culated by reference to the unclaimed tax credits and spirits between 1980 and 1987; and if that during the gap period and the particulars of pay information will be supplied or the areas in which and tax on the P45. same may be accessed. [10453/06] In the case of a person becoming widowed, Revenue will amend tax credits due as soon as Minister for Finance (Mr. Cowen): Iam they are notified of the death of a spouse. In the advised by the Revenue Commissioners that the case of a PAYE taxpayer, the employer or pen- data mentioned by the Deputy in respect of the sion provider will make any tax adjustment auto- volumes of beer, cider, wine and spirits were pub- matically once the amended tax credit certificate lished in various annual reports of the Revenue is received; where a self-employed person notifies Commissioners. The following table sets out the Revenue of a change in personal circumstances, specific tables references in which the infor- this will be reflected in the notice of assessment. mation is located in the relevant reports.

Data on volumes of beer, cider, wine and spirits: 1980 to 1987

Annual Data included Table references for Table references for Table references for Table references for Report for for years Beer Spirits Wine Cider year

1985 1980 — 1985 Table 6 Table 15 Tables 32-34 Table 35 1987 1982 — 1987 Table 5 Table 14 Tables 28-29 Table 30

A copy of the annual reports, 1985 and 1987, will duce new protection measures; and if he will be forwarded to the Deputy by the Revenue make a statement on the matter. [10470/06] Commissioners. The Deputy may also wish to note that this Minister for Finance (Mr. Cowen): I propose information for 1987 and subsequent years is to take Questions Nos. 327 to 329, inclusive, included in the statistical reports of the Revenue together. Commissioners for 1989 and later years. The stat- Under legislation giving effect to Directive istical reports from 1996 are available on the 93/22/EEC of 10 May 1993, the investment Revenue Commissioners’ website. services directive and other relevant EU legis- lation, the sale of investment products and the Investment Schemes. provision of investment advice to members of the 327. Mr. English asked the Minister for Finance public may only be undertaken by the holders of if his attention has been drawn to a bogus Inter- an appropriate authorisation issued by the Finan- net investment scheme, known as PIPS scheme, cial Regulator or by a competent authority in the origin of which is outside of the State; his another EU member state. Under the Investment views on whether those involved in promoting Intermediaries Act 1995, as amended, it is unlaw- this scheme at a local level should be prosecuted; ful for a person to claim to be an investment busi- and if he is willing to investigate the issue. ness firm unless so authorised. [10468/06] Irish legislation is enforceable against unauthorised investment service promoters 328. Mr. English asked the Minister for Finance within the State and there are effective mechan- the measures which will be put in place to prevent isms in place to deal with similar entities originat- bogus Internet investment schemes originating ing in other EEA jurisdictions. However, inves- from outside the State from operating within the tors remain free to invest in products and State; and if he will make a statement on the schemes available in markets outside the EEA, matter. [10469/06] including those offered over the Internet. I would urge investors to be extremely cautious in 329. Mr. English asked the Minister for Finance relation to such investments and at a minimum to the protection available to consumers who sub- obtain independent professional advice. scribe to bogus Internet investment schemes orig- The Financial Regulator, in co-operation with inating from outside the State; his plans to intro- the Garda, investigates alleged breaches of the 1355 Questions— 21 March 2006. Written Answers 1356

[Mr. Cowen.] Council Directive 2003/48/EC — OJ No. L 157, law relating to the taking of deposits or interme- 26.6.2003, p.38 — of 3 June 2003 concerning the diation of investments. The Financial Regulator taxation of savings income was transposed into is aware of the particular scheme to which the Irish national law on 19 December 2003 by way Deputy refers. If people believe they have been of regulation, SI 717 of 2003. These regulations offered investment advice or sold a financial had immediate statutory effect and were then product by an individual who is not authorised to confirmed by section 90 and Schedule 4 to the conduct this business, they should report the Finance Act 2004 which was enacted on 25 matter to the Financial Regulator in the first March 2004. instance. Similarly, if people believe they may Two further statutory instruments associated have been induced to invest in a fraudulent with the implementation of Council Directive scheme they should report the matter to the 2003/48/EC, the savings tax directive, were laid Garda. before the Houses of the Oireachtas on 4 July 2005. For the purposes of clarity a reference to one of these, SI 317 of 2005, is contained in Tax Code. section 124 of Finance Bill 2006 as passed by Da´il E´ ireann. 330. Ms Cooper-Flynn asked the Minister for The details of these statutory instruments are Finance if a taxpayer will qualify for an incapaci- as follows. The Taxes Consolidation Act 1997 — tated child tax credit for providing full-time care sections 898H, 898I, 898J, 898L and 898M for their brother. [10473/06] (Commencement) Order 2005, SI 286 of 2005, provides for the commencement of sections Minister for Finance (Mr. Cowen): Iam 898H, 898I, 898J, 898L and 898M of the Taxes informed by the Revenue Commissioners that, in Consolidation Act 1997 with effect from 1 July the circumstances outlined by the Deputy, the 2005. These sections were inserted in the Taxes taxpayer-claimant is entitled to the incapacitated Consolidation Act 1997 by the Finance Act 2004 \ child tax credit, currently 1,500 per annum, and amended by the Finance Act 2005. where at any time during the tax year the claim- The European Communities (Taxation of Sav- ant has custody of, and maintains at his or her ings Income in the form of Interest Payments) own expense, his or her brother; the brother is Regulations 2005, SI 317 of 2005, also amend the permanently incapacitated by reason of mental or original implementing legislation in a number of physical infirmity from maintaining himself-her- ways, including reflecting the correct interpreta- self and had become so permanently incapaci- tion of derogations contained in Article 6.6 of the tated before reaching 21 years of age; or no other savings tax directive. This statutory instrument person is entitled to a tax credit — other than the was required on foot of an agreement by all EU home carer tax credit — in respect of the claim- member states at ECOFIN. ant’s brother, or, if another person has such an entitlement, that person has relinquished the Departmental Staff. right to such tax credit. In addition, the Deputy may wish to be aware 332. Mr. O’Dowd asked the Minister for Fin- that the taxpayer would also be entitled to claim ance the salary for clerk of works in the Office of health expenses relief for health expenses Public Works; the way in which this compares incurred in respect of his or her brother. Further with the pay for the clerk of works-building details are available on the Revenue website inspectors employed by local authorities; if dis- www.revenue.ie. trict inspectors-senior clerk of works employed in the Office of Public Works are paid less than EU Directives. clerk of works-building inspectors in local auth- orities; and if he will make a statement on the 331. Ms Burton asked the Minister for Finance matter. [10495/06] the way in which statutory instruments are gener- ated in relation to the European taxation on sav- Minister for Finance (Mr. Cowen): The follow- ings directive; if they are voted through at Da´il ing salaries apply to the relevant grades with E´ ireann level; if the EU law transfer into national effect from 1 December 2005 — all rates are law is automatic; and if he will make a statement those applying on the basis of a contributory per- on the matter. [10480/06] sonal pension scheme: the local authority grades of building inspector and clerk of works both Minister for Finance (Mr. Cowen): The Euro- have a scale of \42,139 — \48,297 plus long pean Communities Act 1972 provides for the service increments of \50,077 and \51,868. The making of regulations transposing EU directives Civil Service grades of district inspector and into Irish law, in appropriate circumstances. In senior clerk of works both have a scale of other circumstances, other routes to transposition \39,965-\49,292. The Civil Service grade of clerk may be appropriate, for example, through of works has a scale of \33,607-\40,495 plus long changes in primary legislation. service increments of \41,875 and \43,252. 1357 Questions— 21 March 2006. Written Answers 1358

The pay rates reflect the duties and responsibil- year period. There is no concession in relation to ities of these grades in the Civil Service and local the clawback where a person moves for work or authority structures respectively and have been family reasons. set over the years under the pay determination arrangements in those structures. 335. Mr. Bruton asked the Minister for Finance his views on excluding the public service obli- National Stadium. gation within electricity bills from VAT to avoid 333. Ms Burton asked the Minister for Finance double taxation. [10602/06] if, due to previous dealings in relation to the establishment of Campus and Stadium Ireland Minister for Finance (Mr. Cowen): I should Development Limited and the holding and trans- explain that the public service obligation, PSO, ferring of its shares are at present vulnerable to levy is a charge shown separately on bills issued legal challenge, questions arise in relation either by the Electricity Supply Board, ESB, to its to any other dealings by Ministers in the forma- customers since March 2003. The PSO levy is tion of private companies for public purposes or based on the costs incurred by the ESB in meet- to the general exercise by Ministers of their con- ing its obligations to produce, or buy, electricity tractual capacity; and if he will make a statement that is generated from peat and other environ- on the matter. [10500/06] mentally sustainable forms of energy. It was pre- viously included as part of the standing charges Minister for Finance (Mr. Cowen): The specific shown on ESB bills. question regarding Campus Stadium Ireland Lim- The PSO levy is part of the price which ited is a matter for the Minister for Arts, Sport customers pay the ESB and is directly linked to and Tourism. In relation to other companies, if the price of the electricity supplied. In these cir- the Deputy has a particular query, I suggest that cumstances, the ESB is obliged to charge VAT the matter be addressed to the relevant Minister. on the levy. The rate at which VAT must be As regards financial matters, funds allocated to a charged is 13.5%, which is the VAT rate that specific purpose are given under either the rel- applies to the supply of electricity. evant Vote or under specific legislation. In relation to the issue of whether applying VAT to the PSO levy is appropriate, the position Tax Code. is that the VAT rating of goods and services is 334. Mr. Bruton asked the Minister for Finance subject to the requirements of EU VAT law with if concessions apply to the stamp duty clawback which Irish VAT law must comply. The method on first-time buyers who obtained stamp duty through which VAT must be calculated has been relief on a house, where for example they were transposed under section 10 of the Value-Added forced to move for work or family reasons. Tax Act 1972, as amended, on the following basis: [10600/06] “...the total consideration which the person sup- plying goods or services becomes entitled to Minister for Finance (Mr. Cowen): The Stamp receive in respect of or in relation to such supply Duties Consolidation Act 1999 provides for three of goods or services, including all taxes, com- stamp duty reliefs in respect of the acquisition of missions, costs and charges whatsoever, but not dwelling houses and apartments. They are as fol- including value-added tax chargeable in respect lows: section 91A — new dwelling house with of the supply”. The PSO levy on ESB bills is floor area compliance certificate; section 92 — therefore legally subject to VAT. new dwelling house with no floor area com- pliance certificate; and section 92B — first-time 336. Mr. Gregory asked the Minister for Fin- purchaser relief. ance if vehicle registration tax is paid on quad Since these reliefs are claimed and given at the bikes and mini scramblers as mechanically pro- time of stamping of the legal instrument con- pelled vehicles; and if not, the steps that will be cerned, the instrument is required to include a taken to have these vehicles registered. statement that certifies, inter alia, that for a period ending five years after the date of [10650/06] execution or, if earlier, the date of sale-on, the dwelling house will be occupied as the only or Minister for Finance (Mr. Cowen): Iam principal place of residence of the purchaser, or advised by the Revenue Commissioners that of a person in right of the purchaser; and that no quad bikes and mini scramblers are required to rent will be received for the use of the dwelling be registered for vehicle registration tax, VRT, house other than under the rent a room scheme purposes under section 130 of the Finance Act by the occupier of the dwelling house. Each 1992. Under this Act, quad bikes and mini scram- section also contains a provision that imposes a blers are classified as category M for VRT pur- penalty — effectively a claw back of the relief — poses, attracting a rate of \2 per cubic centimetre, should rent for use of the house, other than under cc, for the first 350cc of their engine capacity and the rent a room scheme, be received in the five- \1 per cc thereafter. 1359 Questions— 21 March 2006. Written Answers 1360

Communications Masts. Garda Stations. 337. Ms O. Mitchell asked the Minister for Fin- 341. Mr. Deenihan asked the Minister for Fin- ance if he will arrange to have the mast on ance the position regarding the provision of a new Stepaside Garda station removed as it is out of Garda station at Castleisland, County Kerry; and keeping with the surrounding village. [10652/06] if he will make a statement on the matter. [10826/06] Minister of State at the Department of Finance (Mr. Parlon): The mast at Stepaside Garda Minister of State at the Department of Finance station is a necessary part of the Garda communi- (Mr. Parlon): The Commissioners of Public cations network and accordingly there are no Works are awaiting a brief of requirements from plans to dismantle it. the Department of Justice, Equality and Law Reform for the proposed Garda area head- quarters at Castleisland, County Kerry. On State Property. receipt a sketch scheme will be prepared. 338. Mr. Gregory asked the Minister for Fin- ance if a building (details supplied) in Dublin 9 Tax Code. will be retained for use by the public service fol- 342. Mr. J. Higgins asked the Minister for Fin- lowing the decentralisation of its current use; and ance if a company (details supplied) utilised the if there are plans to upgrade this building. arrangement whereby it paid no income tax for [10742/06] its employees here. [10900/06]

Minister of State at the Department of Finance Minister for Finance (Mr. Cowen): I am unable (Mr. Parlon): There are no plans to dispose of to answer a parliamentary question about the tax the building referred to at present. A final affairs of an individual or a company other than decision will be made on this matter once the when the Deputy is asking the question on behalf exact timescale for its current occupants to move of the taxpayer. As it would appear in this case out becomes clearer. that the Deputy is not asking the question with the consent of the company concerned, I am Freedom of Information. unable to provide the information sought as the tax affairs of individuals or companies are confi- 339. Mr. Gregory asked the Minister for Fin- dential between them and the Revenue Commis- \ ance if the 150 fee paid by persons (details sioners. However, I am assured by the Revenue supplied) in Dublin 7 to the Office of the Infor- Commissioners that they continually monitor the mation Commissioner to access a document from tax compliance position of all companies and their file held in the Rotunda Hospital will be their employees and take appropriate action refunded to them since they were informed that where necessary. the document did not exist. [10743/06] 343. Mr. Wall asked the Minister for Finance if Minister for Finance (Mr. Cowen): While I the tax affairs of a person (details supplied) in cannot comment on the specific case mentioned County Kildare are up to date; if a tax rebate is by the Deputy, I can confirm that there is no pro- owed to the person; and if he will make a state- vision in the legislation on Freedom of Infor- ment on the matter. [10967/06] mation fees for a refund of the appeal fee charged by the Information Commissioner in circum- Minister for Finance (Mr. Cowen): I have been stances where the commissioner has completed a advised by the Revenue Commissioners that the review in accordance with section 34 of the Act income tax affairs of the taxpayer are up to date. and has established that the record requested Refunds of income tax overpaid by the taxpayer does not exist. and his spouse for the years 2005 and 2006 will issue shortly. Tax Code. Garda Stations. 340. Mr. Durkan asked the Minister for Fin- 344. Mr. Stagg asked the Minister for Finance ance when a certificate of tax free allowance will if the independent assessor has completed the issue in the case of a person (details supplied) in examination of the 98 submissions made in County Kildare in view of the fact that they have response to the public consultation on the new taken up employment; and if he will make a state- Leixlip Garda station; when the report will be ment on the matter. [10825/06] brought to the board of the Office of Public Works for decision; and if he will make a state- Minister for Finance (Mr. Cowen): I have been ment on the matter. [11051/06] advised by the Revenue Commissioners that a certificate of tax credits and standard rate cut-off Minister of State at the Department of Finance point issued to the taxpayer on 16 March 2006. (Mr. Parlon): The report of the independent 1361 Questions— 21 March 2006. Written Answers 1362 assessor is expected to be completed this week. when the facilitator between the Irish Postmas- The commissioners will then review the report ters’ Union and An Post has to report back to and a decision should be made within a number him to ensure that postmasters are able to con- of weeks. tinue operating their post offices in a viable man- ner; and when he will be in a position to make Flood Relief. public the findings of the facilitator’s report. [10020/06] 345. Mr. Stagg asked the Minister for Finance if officials from the Office of Public Works have Minister for Communications, Marine and met officials from Kildare County Council on the Natural Resources (Mr. N. Dempsey): Mr. Leixlip flood relief study; and the outcome of E´ amonn Ryan’s remit, as a facilitator between same. [11055/06] An Post and the Irish Postmasters’ Union, is to Minister of State at the Department of Finance assist in advancing issues of strategic importance (Mr. Parlon): Officials from the Office of Public to postmasters with a view to ensuring that post- Works are due to meet officials from Kildare masters continue to play a key role in the oper- County Council on 31 March 2006 to discuss the ation of the post office network. I have appointed Leixlip flood relief study. Mr. Ryan for four months to end of April and while I have asked him to keep me updated on all developments, I have not requested that he State Property. submit a final report to me. 346. Mr. Stagg asked the Minister for Finance, further to Question No. 535 of 28 September Fishing Vessel Licences. 2005, if there has been further movement on the acquisition of the lands. [11075/06] 349. Mr. Howlin asked the Minister for Communications, Marine and Natural Resources Minister of State at the Department of Finance if drift netting licence holders will be compen- (Mr. Parlon): The position remains the same as sated in the event that drift netting is to be dis- outlined in my response to the Deputy’s most continued; and if he will make a statement on the recent question of 25 January 2006 on this issue matter. [10021/06] and no change in that position is anticipated dur- ing 2006. Minister of State at the Department of Communications, Marine and Natural Resources Site Acquisitions. (Mr. Browne): The Government has, since 2002, promoted the application of quotas on commer- 347. Mr. Durkan asked the Minister for Fin- cial fishing and bag limits on angling to achieve ance the number of sites visited or examined with catch reductions as the best instrument available regard to suitability in the context of the pro- to achieve the objective of restoration of salmon vision of an alternative site for a school (details stocks. supplied) in County Kildare; if such sites have It is clear to me that future policy must be been identified as suitable; if approval has or will designed to ensure the survival of the species, be given to its purchase; when he expects to give while balancing the interests of various stake- the necessary approval to the relevant section of holders in relation to the quantum of catch that his Department with the objective of proceeding appears to be possible within the independent with the development at the earliest possible date scientific advice and taking account of the detail having particular regard to the precarious and of that advice in relation to location and types dangerous location of the school at present; and of fishing. if he will make a statement on the matter. I am advised that there is no legal requirement [11124/06] to introduce any compensation scheme in the event of a curtailment of fishing effort on conser- Minister of State at the Department of Finance vation grounds in accordance with the Fisheries (Mr. Parlon): The Commissioners of Public Acts. In that context, expectations of high levels Works act as agents for the Department of Edu- of monetary compensation are unrealistic. Simi- cation and Science in the acquisition of sites for larly, and in consideration of equity in the matter, primary schools. Five sites were assessed as to if there was some form of compensation for hard- their suitability as a possible alternative location ship cases in the event of curtailment of fishing for the school referred to. Negotiations to acquire effort on conservation grounds, some meaningful a site are currently at an advanced stage. contribution could be expected from the econ- However, it would inappropriate to reveal the omic beneficiaries of a reduction in commercial precise details at this point as it would likely fishing whether that is delivered in cash or in prejudice future negotiations. kind. The Deputy will be aware of the Oireachtas Industrial Relations. joint committee’s acknowledgement that any 348. Mr. McCormack asked the Minister for compensatory schemes should largely be funded Communications, Marine and Natural Resources by those stakeholders who would be the main 1363 Questions— 21 March 2006. Written Answers 1364

[Mr. Browne.] ularly on such issues as fleet licensing and regis- economic beneficiaries of more salmon being free tration, inshore stock assessment and research, to return to the rivers. I also draw the Deputy’s and also management policy. attention to the committee’s comment that The scheme for the licensing of traditional pot “public moneys spent must have, as a primary fishing boats in the Irish inshore fleet is now in aim, ensuring the survival of the salmon species the process of being completed and will see some and that this precept must be regarded as more 500 inshore vessels regularised and brought into important than any economic gain to any sector the licensing and registration system. In addition, that may accrue”. the recommendations made by Padraic White on the segmentation of the Irish fishing fleet post Fisheries Protection. decommissioning have been implemented. The scallop fleet has now been ring fenced to better 350. Mr. Perry asked the Minister for match fishing effort to the resource and the poly- Communications, Marine and Natural Resources valent segment has been further segmented into if a fish farm (details supplied) has licences to over and under 18 metre vessels to prevent the transport fish from their cages to fish farms transfer of capacity between the inshore sector (details supplied); the recorded levels of sea lice and the offshore sector which will also underpin on these rivers each year for the past 15 years; resource sustainability. the recorded levels of sea lice for the above men- The process of producing resource assessments tioned fish farm; and if he will make a statement to support the development of management plans on the matter. [10042/06] for key inshore fisheries is also making significant progress. Resource assessments, essential to mak- Minister of State at the Department of ing informed decisions on the future management Communications, Marine and Natural Resources of these stocks, have now been completed for the (Mr. Browne): The finfish farming sites adjacent brown crab, lobster and scallop fisheries. to Clare Island in respect of which licences were Following the launch of the shellfish manage- granted to Feirm Farraige Oilea´n Chliara Teor- ment framework last year, significant progress anta are now operated by Marine Harvest Ireland has been made in its implementation. Inaugural Limited. The latter company is also the licensee meetings have been held for all four species in respect of sites in Clew Bay that were pre- advisory groups, enabling the full participation of viously licensed to Curraun Fisheries Limited and the sector in the management process in a unique Seastream Limited, respectively. co-operative framework between State and The licence for the Clare Island smolt pro- industry. duction site contains a condition that fish are not I do not accept that there is over-regulation in to be moved outside the licensed area save with this sector. Regulatory measures are in my view the written permission of the Department. The a key element in the achievement of stock sus- Department has asked the licensee for details of tainability and I believe there is widespread any fish movements from this area, and will acceptance in the sector of the various measures review the position on receipt of this information. and initiatives that are being taken. The data on sea lice levels requested by the As regards the numbers employed in the Deputy are being complied and will be forwarded inshore sector, periodic surveys carried out by to him as soon as possible. Bord Iascaigh Mhara over the past few years indi- cate that this has remained fairly constant at Fishing Industry Development. around 3,500. 351. Mr. Perry asked the Minister for Communications, Marine and Natural Resources Fishing Vessel Licences. the Government policy on the promotion of the 352. Mr. Perry asked the Minister for inshore fishing industry; if there are figures avail- Communications, Marine and Natural Resources able for the amount of people working in this the reason fishermen who use small boats, those industry at present; if there are figures for recent under 26 ft. are not permitted to use nets along- years; if his attention has been drawn to the fact side pots; if these fishermen are allowed to catch that over-regulation in the sector concerning quota species; the number of restrictions which boats under 26 ft. is killing off the industry in apply to small boat fishermen; if the Government many areas such as Achill Island, where people has made any concerted effort in the past nine depend on fishing in order to sustain living on the years to make the regulation process for small island; and if he will make a statement on the boat fishermen more accessible and easier to matter. [10043/06] navigate; and if he will make a statement on the matter. [10044/06] Minister of State at the Department of Communications, Marine and Natural Resources Minister of State at the Department of (Mr. Browne): Significant progress has been Communications, Marine and Natural Resources made in recent years on the development and (Mr. Browne): Inshore fishing vessels are divided management of Ireland’s inshore fisheries, partic- into two groups on the basis of the licences which 1365 Questions— 21 March 2006. Written Answers 1366 they hold. Those registered in the full polyvalent regulatory framework for electronic communi- category may fish with both pots and nets and cations networks and services. can catch quota species. However, those vessels Telecoms legislation is being prepared in my licensed under the scheme for the licensing of Department, which will, inter alia, provide for traditional pot fishing boats in the Irish inshore greater enforcement powers for ComReg, includ- fleet are restricted to fishing non-quota species by ing provisions for indictable offences for serious means of pots only. This scheme was introduced infringements of the regulatory framework and in 2003 to permit the regularisation of a signifi- for continuing fines, where appropriate. These cant number of inshore fishing vessels which had powers will give ComReg the necessary muscle to been operating on an unlicensed basis. enforce regulatory decisions to support the In drawing up the terms of that scheme, due development of competition in the market. I consideration had to be given to the interests of hope to bring the Bill to Government shortly. those fishermen that had been properly licensed and registered and who had, in many cases, Aquaculture Development. incurred considerable expenditure in purchasing replacement capacity to register their vessels. 354. Mr. Perry asked the Minister for Therefore, to maintain an appropriate differen- Communications, Marine and Natural Resources tiation between those vessels with full polyvalent if a person (details supplied) in County Sligo has entitlements, which in the majority of cases had been approved for a fish farming grant; and when paid considerable sums of money to license their they will receive further information on same in vessels, and those vessels to be licensed under this view of the fact that originally they were sup- scheme, restrictions on fishing using nets and posed to receive a decision before Christmas catching quota species was applied to licences 2005. [10059/06] issued under the 2003 scheme. Data from an earl- ier scheme showed that in fact an extremely small Minister of State at the Department of percentage of applicants seeking to have their Communications, Marine and Natural Resources vessels registered under the scheme had actually (Mr. Browne): An Bord Iascaigh Mhara and ´ fished with nets and accordingly the number of Udara´s na Gaeltachta are the authorities respon- vessels affected by that restriction was relatively sible for the implementation of the aquaculture small. An additional factor in the setting of this development measure under the National restriction was the general need to avoid an Development Plan 2000-2006. I am advised this increase in fishing effort on quota species where application, along with all other applications on ´ many such stocks were already under pressure. hand with BIM and Udara´s na Gaeltachta, will be In so far as making the regulatory process more put forward for consideration by the Aquaculture navigable and user friendly to inshore fishermen, Selection Board, which is due to take place in the Bord Iascaigh Mhara network of officers May 2006. Decisions are based on selection around the coast has been of great assistance in criteria. A date for this meeting has yet to be this regard. These officers provide important confirmed. assistance and advice to inshore fishermen at a local level. Telecommunications Services. 355. Mr. Wall asked the Minister for Communi- Telecommunications Services. cations, Marine and Natural Resources the 353. Mr. P. Breen asked the Minister for number of towns in Kildare serviced with broad- Communications, Marine and Natural Resources, band; the cost to the Exchequer in regard to each further to Question No. 158 of 2 March 2006, if serviced area; his plans with the service compan- he will give the necessary statutory powers to the ies to accept further applications in Kildare; the Commission for Communications Regulation to position regarding such applications to date; and reduce and prevent anti-competitive behaviour if he will make a statement on the matter. by Eircom in delaying the opening up of the local [10073/06] loop to competitors; his views on whether the cur- rent liberalised telecommunications market has 356. Mr. Wall asked the Minister for Communi- allowed monopolistic practices to develop; and if cations, Marine and Natural Resources the mech- he will make a statement on the matter. anism used by his Department in determining [10045/06] areas, towns and villages to be serviced by broad- band; the number of applications with his Depart- Minister for Communications, Marine and ment seeking such a service; the number in Natural Resources (Mr. N. Dempsey): Local loop Kildare seeking such a service; and if he will unbundling, LLU, is mandated by a European make a statement on the matter. [10074/06] Council regulation and responsibility for its implementation is a matter for the independent 357. Mr. Wall asked the Minister for Communi- regulator, the Commission for Communications cations, Marine and Natural Resources the con- Regulation, ComReg, under the Communications tact his Department has had with Kildare County Regulation Act 2002 and the transposed EU Council and Athy Town Council in regard to the 1367 Questions— 21 March 2006. Written Answers 1368

[Mr. Wall.] addressing the infrastructure deficit by building position of broadband in the south Kildare area high speed open access broadband networks, in and Athy Town Council area; the results of such association with the local and regional auth- contacts; the reasons that, as of yet, broadband orities, in the major towns and cities. These has not been supplied to the areas; and if he will metropolitan area networks, MANs, will allow make a statement on the matter. [10075/06] the private sector to offer world class broadband services at competitive costs. 358. Mr. Wall asked the Minister for Communi- In planning the next phase of the MANs prog- cations, Marine and Natural Resources the mech- ramme, a review of the availability of DSL broad- anism used by his Department in regard to the band in the regions showed more than 90 towns constitution of the regional maps for the determi- with a population of 1,500 and above that were nation of areas for broadband; the reason that not being offered a broadband option by the towns such as Newbridge and Naas in Kildare private sector, and these towns have been tar- were included on the map and Athy was not; and geted for the provision of MANs under phase 2. if he will make a statement on the matter. A number of regional towns, including Athy, [10076/06] already had DSL broadband on offer from the service providers, so priority was given to the pro- 362. Mr. Wall asked the Minister for Communi- vision of essential broadband infrastructure in cations, Marine and Natural Resources the those towns where none existed. reason the Athy Town Council area has not been Twenty-seven MANs have been completed included on his Department’s regional broadband under phase one and are being managed by ENet, map; and if he will make a statement on the the management services entity. The second matter. [10132/06] phase of the programme involves the building of MANs in more than 90 towns with a population 367. Mr. Wall asked the Minister for Communi- of 1,500 and above that do not have a satisfactory cations, Marine and Natural Resources the broadband offering from the sector. Kildare is reason his Department did not include Athy and developing nine projects in respect of the follow- Kilcullen on the listing and maps as having an ing towns: Kildare, Newbridge, Rathangan, Eircom DSL site; and if same is due to the fact Sallins, Maynooth, Clane, Monasterevin, Kilcock that Athy has RAPID status and needs assistance and Prosperous. The network routes are being to permit the town to compete for investment in finalised prior to issuing the invitation to tender support of employment creation. [10337/06] for detailed design. Construction on these pro- jects is expected to commence in 2006. Athy is 368. Mr. Wall asked the Minister for Communi- not part of the current roll-out but may be cations, Marine and Natural Resources the basis included in further phases subject to the neces- on which his Department decided that Athy, sary approvals and Exchequer funding being County Kildare, has sufficient broadband infra- made available. Kildare County Council has sub- structure to warrant omission from the broad- mitted a strong case for a MAN to be built in band action plan; and if he will make a statement Athy and this is being kept under review. on the matter. [10338/06] For rural communities and the hinterlands of larger towns my Department offers funding under the county and group broadband scheme 369. Mr. Wall asked the Minister for Communi- to enable these communities to become self- cations, Marine and Natural Resources the sufficient in broadband, in association with the reason for Athy’s unique status in Kildare that service providers. To date 12 schemes have been warrants the town’s omission from the broadband approved across Kildare county representing action plans and regional broadband programme; total capital investment of \396,750, making and if he will make a statement on the matter. broadband available to 68 communities and [10339/06] 17,790 people. Full details of the scheme, includ- ing application procedures, are on the website Minister for Communications, Marine and www.gbs.gov.ie. Natural Resources (Mr. N. Dempsey): I propose My Department’s website, www.broadband.go- to take Questions Nos. 355 to 358, inclusive, 362 v.ie, lists all service providers offering broadband and 367 to 369, inclusive, together. services in all towns in Kildare and gives contact The provision of telecommunications services, details for each company, together with prices for including broadband, is a matter in the first the various service levels on offer. instance for the private sector companies operating in a fully liberalised market, regulated by the Commission for Communications Regu- Prospecting Licences. lation, ComReg, the independent regulator. 359. Mr. Kenny asked the Minister for It has been clear for some time that the sector Communications, Marine and Natural Resources has failed to invest at the level necessary to keep if a prospecting licence can be applied for on-line; pace with the demand for broadband so my and if he will make a statement on the matter. Department’s regional broadband programme is [10088/06] 1369 Questions— 21 March 2006. Written Answers 1370

Minister of State at the Department of support system that allows free, on-line access to Communications, Marine and Natural Resources all non-confidential data held by EMD including (Mr. Browne): The functionality to make an on- company exploration reports, GIS data-sets and line prospecting licence application is available at regulatory information. The petroleum affairs www.minex.ie/Permitting Services/Apply for division provides on-line access to reports and prospecting licence. concession maps as well as metadata listings of all its available data and how to obtain it from Fishing Vessel Licences. PAD’s data agents.

360. Mr. Kenny asked the Minister for Question No. 362 answered with Question Communications, Marine and Natural Resources No. 355. if vessel registration certificates and fishing licences can be applied for on-line; and if he will Offshore Exploration. make a statement on the matter. [10090/06] 363. Mr. Connolly asked the Minister for Minister of State at the Department of Communications, Marine and Natural Resources Communications, Marine and Natural Resources the position on the development of the Corrib gas (Mr. Browne): The back-office systems for IFIS , field; and if he will make a statement on the or integrated fisheries information system, includ- matter. [10172/06] ing the vessel registration and sea fishing licens- ing aspects, went live in early 2005. The following Minister for Communications, Marine and public on-line e-services are to follow: fishing ves- Natural Resources (Mr. N. Dempsey): All rel- sel sea fishing licence application, fishing vessel evant approvals from my Department have issued registration closure, sea fishing licence — view in respect of the proposed development of the application status. After the back-office systems Corrib gas field since 2002. These approvals went live, a more comprehensive look was taken include the plan of development approval on 15 at the business processes relating to the e-services April 2002 under the Petroleum and Other Min- with regard to change and modernisation before erals Development Act 1960; consent to construct proceeding and this explains the delay. Analysis, a pipeline dated 15 April 2002 under the Gas Act design and build of the listed e-services will be 1976 as amended; consent under Section 5 of the complete by the first quarter of 2006. Testing and Continental Shelf Act 1968 as amended dated 15 complete implementation of all these listed e- April 2002; foreshore licence approval on 17 May services on the Department’s websites will take 2002 under the Foreshore Act 1933 as amended. place during the second quarter of 2006. The developers are finalising their work plan for 2006 and will commence well completion oper- Geological Survey of Ireland. ations with the drilling rig Sedco 711 on the field in late April or early May 2006. My Department 361. Mr. Kenny asked the Minister for is at present considering the following appli- Communications, Marine and Natural Resources cations from the developers for consent to install if his Department facilitates the on-line provision and commission an onshore pipeline and umbili- and purchase of geological data earth resources cal; offshore umbilical; manifold installation and information warehouse; and if he will make a infield works. The requirement to seek the statement on the matter. [10093/06] approval for consent to install and commission the pipeline is an administrative condition Minister for Communications, Marine and attaching to the consent to construct the pipeline. Natural Resources (Mr. N. Dempsey): Geological On 25 of August 2005, I commissioned an data is made available from three divisions of the international consulting company, Advantica, to Department, all of whom utilise on-line facilities carry out a thorough and independent safety for the provision of geological data to varying review of the onshore section of the Corrib gas extent. The Geological Survey of Ireland, which pipeline. Advantica is the world leader in the area is the national earth science organisation, provide of advanced hazard and risk assessment data, maps, publications and services on line as technologies for gas pipelines. At my request the well as downloads, web-based geographic infor- developers of the Corrib gas field ceased all mation services and metadata, that is, data listings works on the onshore pipeline pending the out- with contact information details. GSI, as part of come of this review to allow for a period of public its earth resource information warehouse project, discussion and dialogue. In addition, works on the is working towards the fuller on-line provision of offshore pipeline were deferred to 2006 by the data, including on-line purchasing. As part of this developers. In parallel with this safety review, I process, GSI will be launching a new website this established a public consultation process to year. It is the policy of GSI to provide infor- ensure that the concerns of the community would mation free of charge for bona fide research and be fully addressed in the review. As part of this educational purposes. process, a two-day public hearing was held in The exploration and mining division maintains Geesala on the 12 and 13 October, chaired by Mr. an e-enabled minerals administration programme John Gallagher SC, during which the community 1371 Questions— 21 March 2006. Written Answers 1372

[Mr. N. Dempsey.] phone and information technology services; and was given the opportunity to express its concerns if he will make a statement on the matter. directly to the consultants. The consultants also [10214/06] made a separate site inspection of the pipeline route. Minister for Communications, Marine and The results of this review have now been for- Natural Resources (Mr. N. Dempsey): A decision warded to my Department and I am considering by any company to set up a business is a commer- it, along with an additional report from my cial matter for themselves and a matter in which Department’s technical advisory group. I hope to I have no function. My Department and the agen- make a decision regarding the applications on cies under its aegis, do not provide any grant hand having regard to these reports. In addition assistance for such companies. to the above, I have appointed Mr. Peter Cassells as mediator in the Corrib dispute. I hope that the Telecommunications Services. mediation process will allow all those concerned to work together to resolve the difficulties that 366. Mr. P. Breen asked the Minister for have arisen. Communications, Marine and Natural Resources his plans to roll out a national fibre-optic network to every home and business here; and if he will Electricity Supply. make a statement on the matter. [10294/06] 364. Mr. P. Breen asked the Minister for Communications, Marine and Natural Resources Minister for Communications, Marine and if he will request the Electricity Supply Board to Natural Resources (Mr. N. Dempsey): The pro- facilitate Members with a help-line telephone vision of telecommunications services, including number for ESB queries in view of the difficulty broadband, is a matter in the first instance for consumers have in contacting the ESB since the private sector companies operating in a fully offices have closed; and if he will make a state- liberalised market, regulated by the independent ment on the matter. [10208/06] Commission for Communications Regulation, ComReg. There are no plans to roll out a fibre- Minister for Communications, Marine and optic network to every home and business here. Natural Resources (Mr. N. Dempsey): Customer It would not make economic sense nor would it service is, in the first instance, a matter for ESB be feasible. In 2004 there were more than 80 and not one in which I have a function. I have Internet service providers, today there are more made inquiries and understand that the position than 150 companies with at least 45 different is as follows. ESB operates a national customer broadband offerings. Wireless broadband tech- contact centre that deals with all customer quer- nology is improving rapidly and the lowering of ies from any of its 1.8 million customers. In 2005, equipment prices has made this technology much a huge volume increase occurred in calls to the more attractive of late. The use of fixed wireless NCCC, driven by a number of factors including local access is increasing, especially in rural areas implementation of new systems to facilitate elec- that cannot obtain ADSL connectivity and the tricity market opening. This had a negative development of Wi-Max offers considerable impact on call-answering performance and ESB potential in the future. accepts that customers did experience delays in contacting the company. However, steps have Questions Nos. 367 to 369, inclusive, answered now been taken to address this and calls are now with Question No. 355. being answered on a much more timely basis and in line with industry norms. As with all utility call 370. Ms McManus asked the Minister for centres, there may be certain times when Communications, Marine and Natural Resources customers experience delays contacting the ESB. his plans, in view of the fact that residents in Kil- Following the improvements ESB has macanogue, County Wicklow, cannot access implemented, it is anticipated that these will be broadband, to ensure that this service will be pro- limited to isolated events such as widespread vided immediately; and if he will make a state- storms or forced outages. ESB advises that a ment on the matter. [10346/06] dedicated hotline should not be necessary and that in general all customers should at this point Minister for Communications, Marine and be able to get through to the NCCC on a timely Natural Resources (Mr. N. Dempsey): I refer the basis. Deputy to my reply to Question No. 124 on 3 November 2005. Grant Payments. 371. Mr. Quinn asked the Minister for 365. Mr. Haughey asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources the normal set-up cost for a rural area broadband if grant assistance is available from his Depart- service; the approximate number of subscribers ment or agencies attached to his Department for to a broadband service his Department would a start-up company intending to provide tele- expect to be required to make such a service 1373 Questions— 21 March 2006. Written Answers 1374 break even; his views on making available a grant Postal Services. for those areas where the set-up cost to a service 373. Mr. J. Higgins asked the Minister for provider exceeds a certain level per capita in the Communications, Marine and Natural Resources area covered; the level of same; if he will ensure if a stamp will issue in honour of Michael Davitt that such grants could be targeted specifically at to commemorate the 100th anniversary of his rural areas rather than in towns and villages death. [10482/06] where the critical mass of consumers may nat- urally be met by demand; and if he will make a Minister for Communications, Marine and statement on the matter. [10373/06] Natural Resources (Mr. N. Dempsey): : In March 2005, Government approval was given to issue a Minister for Communications, Marine and commemorative stamp in honour of Michael Natural Resources (Mr. N. Dempsey): The pro- Davitt, as part of the 2006 special and commem- vision of telecommunications services, including orative stamp programme. The design of the broadband, is a matter in the first instance for stamp was approved by Government in the private sector companies operating in a fully December last and is due to issue in September. liberalised market, regulated by the independent Commission for Communications Regulation, Tourism Industry. ComReg. It is a commercial operational matter 374. Mr. Ring asked the Minister for for the Internet service providers to determine Communications, Marine and Natural Resources such issues as the cost of establishing broadband the breakdown of the cost categories of the fund- services, revenue streams, minimum break-even ing claimed by a group (details supplied) in subscriber numbers, technology and locations. County Mayo; the work carried out by the group; Information about broadband services and prices, the reason it did not prove possible for the work provided by the industry to my Department on a of the group to be completed; and if he will make voluntary basis, is posted on the website at a statement on the matter. [10557/06] www.broadband.gov.ie. My Department also administers the group broadband scheme which 375. Mr. Ring asked the Minister for is aimed at grant-aiding broadband service pro- Communications, Marine and Natural Resources viders when establishing services in rural areas the members of a project group (details supplied) with populations below 1,500. Details of the in County Mayo; the number of times this group scheme are available on my Department’s web- have met and the dates on which they met and so site at www.dcmnr.gov.ie. on. [10558/06] Minister of State at the Department of Post Office Network. Communications, Marine and Natural Resources 372. Mr. Walsh asked the Minister for (Mr. Browne): I propose to take Questions Nos. Communications, Marine and Natural Resources 374 and 375 together. the measures he is taking to encourage An Post The Mullet Peninsula project group was set up to maintain the post office network at its current in 2001, as a pilot initiative to devise a strategy size; and if he will make a statement on the for the development of sustainable marine based matter. [10418/06] tourism in the Mullet Peninsula, County Mayo. The group, under the chairmanship of Mr. Liam Minister for Communications, Marine and Twomey of the National Aquarium of Ireland, Natural Resources (Mr. N. Dempsey): The main- included Ms. Anne Wilkinson of the Marine ´ tenance and development of the post office net- Institute; Mr. Sean O’Coistealbha of Udara´sNa work is the responsibility of the board and man- Gaeltachta; Mr. Martin Bradley of Ireland West agement of An Post. The Government and the Tourism; Mr. Tim Quinn of Leader and Mr. Peter Hynes of Mayo County Council. board of An Post are committed to the objective I understand that the first formal meeting took of securing a viable and sustainable nationwide place on 20 December 2001 and subsequent post office network. The challenge for all stake- meetings were held on 30 January 2002, 28 holders in An Post is to generate sufficient profit- February 2002 and 26 April 2002. The funding able business to maintain the network at its cur- claimed by the Mullet Peninsula project group rent size. I have asked the company to ensure that from the Department, which amounted to any strategy for its development should ensure \4,471.59, included fees for the professional the long-term viability of the post office network. services of a heritage tourism consultant and In this light, An Post is working on a new initiat- travel and subsistence expenses. The chairman ive which would see the development of An Post advised that the group undertook a survey of the financial services. Its aim is to supply a wide derelict buildings on the peninsula with the pur- range of retail financial services through the pose of examining whether an initiative could be branch network. If successful, it could lead to a devised to assist in upgrading these properties. significant increase in post office business and The group identified a need to build an entrepr- contribute to the viability of the network. eneurial culture with the assistance of a dedicated 1375 Questions— 21 March 2006. Written Answers 1376

[Mr. Browne.] Minister for Communications, Marine and programme based on a model run previously by Natural Resources (Mr. N. Dempsey): The Com- Shannon Development. mission for Communication Regulation, Com- The chairman advised, in his final report to the Reg, audits emissions of non-ionising radiation Department in January 2004, that the existing and from telecommunication sites including masts. I extensive body of work by Udara´s na Gaeltachta am aware that to date 560, or approximately and the local Leader office allied to recent 12.4%, of telecommunication sites have been development reports from Mayo County Council audited and that no site has been found to be in gave a clear picture of the prevailing position in excess of the International Commission for Non- the context of tourism and marine tourism in the Ionising Radiation Protection, ICNIRP, emission locality. According to the chairman, there was limits. There is no breakdown available from nothing that the committee could have added to ComReg for how many of these are solely mobile the volumes written on the subject. phone masts. I understand that these audits are carried out on a random basis and that ComReg does not maintain information on a county-by- Energy Resources. county basis. 376. Mr. Durkan asked the Minister for Communications, Marine and Natural Resources Telecommunications Services. the cost to the taxpayer of the Deloitte & Touche report on energy; the persons to whom it has 378. Mr. Deasy asked the Minister for been referred or presented if other bodies or Communications, Marine and Natural Resources agents other than him or his Department are if his Department has estimated the cost to the involved; if he has received comments from such State of implementing the proposal by a company bodies or groups; when he intends to inform the (details supplied) to provide a nationwide fibre- taxpayer regarding the contents of the report; and optic cabling network that would serve every business and home here; his views on whether the if he will make a statement on the matter. cost to the Government of the proposal would be [10607/06] \2 billion; his plans to implement this proposal; and if he will make a statement on the matter. Minister for Communications, Marine and [10703/06] Natural Resources (Mr. N. Dempsey): Following a competitive tendering process Deloitte & Minister for Communications, Marine and Touche was engaged in June 2005 to undertake a Natural Resources (Mr. N. Dempsey): To date I comprehensive review of Ireland’s electricity sec- have not seen any estimates or breakdown of the tor. The final report was submitted by the con- costs associated with this proposal. The provision sultants in December. The total cost of the report \ of telecommunications services, including broad- was 1,214,033, including VAT. band, is a matter in the first instance for the As part of their terms of reference, the consult- private sector companies operating in a fully lib- ants undertook a comprehensive consultation eralised market, regulated by the independent process with industry stakeholders, including the Commission for Communications Regulation, ESB, to underpin the review and all comments ComReg. The Government is addressing the and submissions made have been channelled infrastructure deficit in the regions by building through this process. Because of the commission’s high speed, open access metropolitan area net- statutory responsibility for the regulation of the works, MANs, in 120 towns and cities nationwide. electricity sector, I have supplied the three com- Phase 1 of this programme has delivered fibre- missioners on a strictly confidential basis with optic networks to 27 towns and cities throughout copies of the draft and final reports. The Depart- the country. ment of Finance has also been given a copy of This programme has been extended to more those reports on the same confidential basis. than 90 towns in various locations nationwide. It I am considering the report in the context of is expected that these MANs will be completed the energy policy consultation paper, which is during 2006 and 2007. These networks will allow being drawn up by my Department. I intend to the private sector to offer world-class broadband publish the report in that context in the coming services at competitive costs. My Department months. also offers funding assistance for smaller towns and rural communities through the county and Communications Masts. group broadband scheme. The scheme is tech- nology neutral, allowing the community to select 377. Mr. Morgan asked the Minister for the most suitable broadband delivery platform Communications, Marine and Natural Resources for the area. To date, more than 150 projects have the percentage of phone masts, overall and in been approved for funding under this each county, which have been checked for signal programme. strength and radiation output by the Communi- A joint industry-Government fund of \18 mil- cations Regulator since its establishment in lion has been established for the broadband for 2002. [10615/06] schools programme, which will provide every 1377 Questions— 21 March 2006. Written Answers 1378 school in the country with broadband by the Employment Records. beginning of 2006. This is a crucial strand in the 380. Ms Cooper-Flynn asked the Minister for strategy of integrating ICT into teaching and Communications, Marine and Natural Resources learning and my Department’s wider vision of the employment dates for a former employee promoting the use of broadband technologies in (details supplied) of the Department of Posts and local communities throughout the country. The Telegraphs. [10880/06] construction-installation phase is now under way and the project is on target for completion within Minister for Communications, Marine and the set timeframe. Natural Resources (Mr. N. Dempsey): I have for- In 2004 there were more than 80 Internet warded the details sought by the Deputy under service providers; today there are more than 156 separate cover today. companies with at least 45 different broadband offerings. Wireless broadband technology is Harbours and Piers. improving rapidly, and the lowering of equipment prices has made this technology much more 381. Mr. Sherlock asked the Minister for attractive of late. The use of fixed wireless local Communications, Marine and Natural Resources access is increasing, especially in rural areas that the position regarding the application submitted cannot obtain ADSL connectivity and the by Ballycotton Harbour Development Associ- development of Wi-Max offers considerable ation for development of the harbour, as moneys potential in the future. are to be provided under the 2006 expenditure programme. [10912/06] Inland Fisheries. Minister of State at the Department of 379. Mr. P. McGrath asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources (Mr. Browne): The harbour at Ballycotton is the proposals the Government has to ensure that owned by Cork County Council and responsi- the people retain the right to fish inshore waters, bility for its maintenance and development is a rivers, lakes and canals here after the Govern- matter for the local authority in the first instance. ment has sold the fishing rights of these inshore In 2001 the council submitted a report prepared waters, rivers, lakes and canals to hotel owners, by consulting engineers on the estimated cost of foreigners and multinationals who will be a plan for development of Ballycotton Harbour. rewarded by the Government to control and The proposed development was estimated to cost develop these fisheries for their own use as either a total of \6 million. Cork County Council private or commercial fisheries, leading to a applied for funding in 2002 under the marine situation where only the rich and privileged may tourism grant scheme of the national develop- enjoy that which, up to now, was the right of ment plan for a development, including a marina, every citizen. [10736/06] at Ballycotton. However, as the applicants had not obtained the necessary statutory permissions, Minister of State at the Department of their application could not be considered further. Communications, Marine and Natural Resources The applicants were informed of this and that (Mr. Browne): There are no plans to sell fishing they could apply for funding under a future call. rights to inshore waters, rivers, lakes and canals No funding was available for the marine tour- or to privatise the inland fisheries resource. ism grant scheme in 2003, 2004 or 2005. The find- Rumours being circulated are inaccurate and mis- ings of the mid-term review of the regional oper- chievous. As the Deputy will be aware, proposals ational programmes recommended reallocation adopted by Government in relation to the of funds to other priorities. The allocation for the restructuring of the inland fisheries sector were fishery harbours development programme is \21 announced in November last. As the first step in million for 2006. The fishery harbours prog- the reform process, the Government has author- ramme involves co-funding by the local auth- ised the drafting of a Bill to establish a national orities. An updated proposal for development in inland fisheries authority, which will subsume the three phases at Ballycotton was submitted by the executive functions of the central and regional local authority to the Department in October fisheries boards. The new authority will play a 2005. The estimated cost of phase 1 is \2.5 mil- key role in the transformation of the sector. lion. Cork County Council would be required to It is my firm belief that the policy adopted will contribute 25% funding to the project. There is allow the sector to reach its full potential through no Exchequer funding available for Ballycotton more coherent and consistent policy making and phase 1 development in 2006. The question of resource allocation and use and will give the providing funding in future years will have to be whole range of stakeholders the opportunity to considered in the context of the available funding be central to the development, promotion and for fishery harbour works and overall national protection of the inland fisheries resource. priorities. 1379 Questions— 21 March 2006. Written Answers 1380

Broadcasting Legislation. contacts with US political leaders to emphasise the importance of addressing this matter in a 382. Mr. Stagg asked the Minister for pragmatic and sympathetic manner. Most Communications, Marine and Natural Resources recently, the issue was discussed when the when he expects to be in a position to make a Taoiseach and I met President Bush on St. decision in relation to designating the Ryder Cup Patrick’s Day. The President was appreciative of as a free to air sports event; and if he will make our concerns and has made it known that he fav- a statement on the matter. [11079/06] ours a broad approach to the issue, involving reform as well as enforcement. The Taoiseach Minister for Communications, Marine and and I also conveyed our views to key players on Natural Resources (Mr. N. Dempsey): My the Hill, including Senators Kennedy and Department recently completed a report on the McCain. There was much appreciation in Wash- review of designated events under section 9 of the ington of the all-party approach of the Broadcasting (Major Events Television Oireachtas, as reflected in the resolutions in fav- Coverage) (Amendment) Act 2003. I am now our of the Kennedy-McCain bill. The matter rests considering this report and I will make a decision with the US Congress. The debate there is in the matter shortly. marked by differing approaches and strongly held opinions. The Deputy can be assured that the Telecommunications Services. Government will continue to lobby actively for a 383. Ms Shortall asked the Minister for favourable outcome in the critical period ahead. Communications, Marine and Natural Resources his proposals for the future of the 999 emergency International Agreements. service; the manner in which he will retain the existing expertise of those working in the service; 385. Dr. Upton asked the Minister for Foreign the status of current employees in view of the fact Affairs if his attention has been drawn to the pro- that they were former civil servants; the options ceedings involving a person (details supplied) in open to them in the event of the service moving the USA concerning that person’s attempt to per- out of Dublin and if they do not wish to move; suade the US Supreme Court to hear their case and if he will make a statement on the matter. that their sentence ought to be reviewed in view [11100/06] of the US law enforcement agency’s failure, sub- sequent to their arrest, to inform them of their Minister for Communications, Marine and right under Article 36 of the Vienna Convention Natural Resources (Mr. N. Dempsey): The pro- on Consular Relations; if, in view of the fact that, vision of a proper and effective emergency call for instance, in the transcripts of the person’s answering service is a priority for me. I have original trial it is clear that just after their arrest recently obtained a Government decision, which when they asked for a solicitor the US law provides for the preparation of legislation to enforcement agency’s agents did not apparently regulate the provision of the service and to pre- understand what the person meant and did not pare a tender for the identification of a new provide them with legal representation or inform undertaking, which will take over the provision them of their right, under Article 36 of the afore- of the service. The Department will be assisted mentioned convention, to be informed that they by an interdepartmental committee made up of might communicate directly with the Irish consul- the representatives of the emergency services and ate, he would consider joining Ireland to the per- consultants who will manage the process of son’s proceedings; his views on whether such a identification of a new undertaking and the tran- course would be appropriate, a forteori, since sition of the service to the new undertaking. I President George W. Bush stated in a 28 understand that there are discussions within February 2005 memorandum for the US Eircom in relation to employees working in the Attorney General that, inter alia, pursuant to the area. ICJ’s decision in the Avena case, the US would discharge its international obligations in respect of Article 36 of the aforementioned Vienna Con- Undocumented Irish. vention and that therefore Ireland would be pre- 384. Mr. Durkan asked the Minister for For- cluded from taking the person’s case to the ICJ eign Affairs if he will use his influence with the on their behalf and so Ireland’s moral obligation US authorities with a view to the regularisation to enforce its citizen’s rights under international of the undocumented Irish in the US: if he will law might only now be discharged by so joining seek a concession with a view to an amnesty; and the person’s attempt to have the US Supreme if he will make a statement on the matter. Court review their sentence; and if he will make [10013/06] a statement on the matter. [10712/06]

Minister for Foreign Affairs (Mr. D. Ahern): Minister for Foreign Affairs (Mr. D. Ahern): The Government attaches the highest priority to As I stated in my reply to the Deputy on 14 the status of the undocumented Irish in the February 2006, the Department of Foreign United States, and takes every opportunity in Affairs, through the consulate-general in Boston, 1381 Questions— 21 March 2006. Written Answers 1382 has closely followed the case of the person men- our appreciation and support directly to Senators tioned by the Deputy and has been in regular Kennedy and McCain. Many of our friends on contact with him throughout his detention. The Capitol Hill, including these two Senators, greatly consul-general in Boston also met the defence appreciated the all-party Oireachtas motions in attorney for the person concerned on 23 January support of the Kennedy-McCain bill. 2006. The Taoiseach and I also had a valuable meet- During the latest consular visit on 23 February ing with Niall O’Dowd and Grant Lally of the 2006, the person concerned requested that the Irish Lobby for Immigration Reform, ILIR. I Government take a case against the US Govern- strongly commend the work of the ILIR organis- ment on his behalf on the grounds that his Vienna ation, which has had a significant impact on the Convention rights had not been adhered to as he immigration debate in Washington and elsewhere had not been given access to a consular call fol- in the US, and whose work I have been very lowing his arrest. I have asked that all aspects of pleased to support financially. While our primary the case be further discussed with the lawyer and focus at present is on the proposals before the US that the position be reported back to the Depart- Congress, the Deputies can be assured that, as ment for further consideration. the outcome of the congressional debate becomes clearer over the next few weeks, the situation will Undocumented Irish. be actively reviewed to see what, if any, revision to our strategy and approach may be required. 386. Dr. Cowley asked the Minister for Foreign Affairs if, while in Washington DC for St. Patrick’s Day, he discussed the Kennedy-McCain Passport Applications. bill with President Bush; his views on whether 387. Mr. Kenny asked the Minister for Foreign President Bush should give some degree of leni- Affairs if a passport can be applied for on-line; if ency to the Irish emigrants in the US; if he will not, the reason this service is not available; and if pursue this matter with President Bush; and if he he will make a statement on the matter. will make a statement on the matter. [10734/06] [10115/06]

392. Mr. Howlin asked the Minister for Foreign Minister for Foreign Affairs (Mr. D. Ahern): Affairs the actions which have been taken to sup- The Passport Office would wish to provide a com- port the Kennedy-McCain initiative or other plete on-line application facility as part of its measures towards regularising the position of programme of enhancing its service to the public. undocumented Irish immigrants in the United In pursuit of this, discussions are ongoing with the States; and if he will make a statement on the Reach agency to enable, as a first step, applicants matter. [10565/06] to submit their personal passport details on-line. However, until the level of authentication of Minister for Foreign Affairs (Mr. D. Ahern): I identity required for passport security is available propose to take Questions Nos. 386 and 392 under the public service broker, applicants will together. still have to be requested to submit their photo- The Government attaches the highest priority graphs, signatures and supporting documentation to the issue of the undocumented Irish in the by post or by hand to the passport authorities. United States, and actively makes known our concern in all contacts with US political leaders. Northern Ireland Issues. Most recently, the issue was discussed in the White House last week when the Taoiseach and 388. Mr. O’Connor asked the Minister for For- I met President Bush on St. Patrick’s Day. The eign Affairs the position regarding his contacts in President was appreciative of our concerns and respect of the Northern Ireland peace process; again reiterated his support for a broad approach and if he will make a statement on the matter. to the issue, involving reform as well as enforce- [10246/06] ment. The Taoiseach and I expressed appreci- ation for his understanding and emphasised the Minister for Foreign Affairs (Mr. D. Ahern): importance of addressing the situation in a prag- In line with the commitments made by the matic and sympathetic way, as for instance in the Taoiseach and Prime Minister Blair at their meet- approach in the Kennedy-McCain bill. ing in Farmleigh on 26 January 2006, I have had The matter rests with the US Congress. The ongoing contacts with Secretary of State Hain debate there is marked by differing approaches and with the political parties with the aim of and strongly held opinions. It is clear that achiev- advancing arrangements and a timetable for the ing the necessary compromise remains a formi- restoration of the devolved institutions in dable challenge. In all our meetings, including Northern Ireland as soon as possible. I met the with the President and with Congressional fig- Secretary of State for Northern Ireland, Mr. Peter ures, the Taoiseach and I made known the Hain, in London on 1 February when we jointly Government’s strong support for the inclusion of chaired a meeting of the British-Irish Inter- the key elements of the Kennedy-McCain bill in governmental Conference. We had a very useful any final compromise legislation. We conveyed and constructive meeting. At the meeting, the 1383 Questions— 21 March 2006. Written Answers 1384

[Mr. D. Ahern.] announce our joint strategy to fully realise this Secretary of State and I reaffirmed our commit- objective in 2006. ment to bringing about an early restoration of devolved government on an inclusive basis. We Humanitarian Issues. confirmed that, in the period following the meet- ing, we would be stepping up our contacts with 389. Mr. Haughey asked the Minister for For- the political parties and, in particular, would be eign Affairs the action Ireland can take to allevi- engaging in a joint series of meetings with them ate the problems caused by drought and famine in Kenya; and if he will make a statement on the in order to discuss how best we could make pro- matter. [10281/06] gress on restoring the institutions at the earliest possible opportunity. Minister of State at the Department of Foreign The first in a series of talks with the parties Affairs (Mr. C. Lenihan): Kenya and neighbour- took place in Hillsborough on 6 February. On ing countries in the Horn of Africa are in the grip that date, the Secretary of State and I had a series of a severe drought that has brought millions of of meetings with the DUP, the SDLP, the PUP, people to the brink of starvation and killed thou- Sinn Fe´in, the UUP, Alliance and the UKUP. We sands of livestock, leaving pastoral communities had a further round of meetings again in Hillsbor- in northern and north-eastern Kenya destitute. ough on 20 February. In addition to these talks, The impact of poor rainfall during the long rainy separate discussions with the parties on strand season of March-June last year has been com- one issues were convened by my colleague, the pounded by the failure of the short rains in Minister of State with responsibility for European October-December. The water shortage has deci- affairs, Deputy Treacy, and Northern Ireland mated livestock herds. Pasture for remaining ani- Minister, David Hanson. These formal meetings mals is nearing exhaustion. Livestock is the main with the parties represented useful opportunities source of income and subsistence for the nomadic to test their views on the way forward and to pastoralists. Without this income, they cannot listen to their concerns. They complement the buy food to survive in the immediate term or informal contact which I maintain with a broad rebuild their herds in the future. The World Food range of political figures in Northern Ireland. Programme estimates that 3.5 million Kenyans I had a short meeting with Secretary of State now require food aid. Hain in London on 23 February to review pro- As the scale of the crisis became apparent, gress. I also participated in the Taoiseach’s meet- Ireland responded promptly. In early February, ings in Dublin with Sinn Fe´in on 1 March and more than \5 million in emergency humanitarian with the SDLP on 2 March. On 8 March, when I funding was provided to agencies working in the accompanied the Taoiseach to Downing Street Horn of Africa. The greater part of the \5 million for a meeting with Prime Minister Blair, I also funding for the Horn of Africa — \3 million — had a separate meeting with Secretary of State is being used for the regional emergency response Hain. We took that opportunity to reflect again programmes of UN agencies and the Inter- on our meetings with the parties and to consider national Federation of the Red Cross, while a joint strategy for the period ahead. almost \1 million has been provided to the Most recently, I travelled to the United States NGOs, Concern and Tro´ caire for programmes on 11 March where I attended a number of events specifically in Kenya. In addition, we estimate \ over the St. Patrick’s Day period both in Dallas that in 2006 an additional 2 million will be deliv- and in Washington. In addition to accompanying ered for development activities in Kenya through the Taoiseach to his meeting with President Bush our long-term partnerships with Concern, Goal at the White House on 17 March, I had an oppor- and Tro´ caire. While there has been some rainfall tunity to brief members of the House of Rep- in early March, the worst-affected areas of Kenya resentatives and Senate, and a wide range of US have not benefited from this and the situation contacts, on recent developments in the peace remains extremely serious. We are continuing to process and the Government’s perspective on the monitor developments closely. way ahead. I also met informally with representa- tives of the Northern Ireland political parties Northern Ireland Issues. present in the US for St. Patrick’s Day. 390. Mr. Quinn asked the Minister for Foreign As the Taoiseach and I have made clear, Affairs if he received formal confirmation from including in our remarks at the weekend, our firm any political party in Northern Ireland that that objective is to achieve full restoration of the party accepted the December 2004 comprehen- devolved institutions and to have the Assembly sive agreement; and if he will make a statement and Executive operational and fully functioning on the matter. [10388/06] this year. We firmly believe that partnership government, as set down in the Good Friday Minister for Foreign Affairs (Mr. D. Ahern): Agreement and endorsed by the people, is the Intense efforts were made by both Governments best way forward for Northern Ireland. In the in the latter half of 2004 to broker an agreement coming weeks, the two Governments will on the key issues to be resolved to finally and 1385 Questions— 21 March 2006. Written Answers 1386 definitively assure peace and political stability in mally to recognise governments. Diplomatic Northern Ireland. The Governments communi- relations were established between Ireland and cated their final proposals for a comprehensive Cuba in 1999. Our ambassador in Mexico City is agreement, addressing these key issues, to the accredited to Cuba. In 2001, Cuba established an DUP and Sinn Fe´in in early December 2004. The embassy in Dublin which, since October 2005, has Taoiseach received a letter on 7 December from been headed by a resident ambassador. Sinn Fe´in in which they indicated that they could I understand that in July 2005 Mr. Caleb agree to the political package contained in the McCarry was appointed “Cuba transition co-ord- proposals of the two Governments. inator” in the US State Department, to direct US Government “actions in support of a free Cuba”. International Agreements. To the best of our knowledge, there is no basis for any claim that his function embraces a role as 391. Mr. Allen asked the Minister for Foreign “transitional Governor” of Cuba. Department of Affairs when Ireland will ratify the Hague Con- Foreign Affairs officials have not met Mr. vention on adoptions. [10496/06] McCarry in his official capacity since his appoint- Minister of State at the Department of Foreign ment. Ireland conducts its foreign relations Affairs (Mr. C. Lenihan): The Minister of State according to the United Nations Charter, article with responsibility for children has primary 2, sub-paragraph 4 of which states: “All Members responsibility regarding adoption matters. Ireland shall refrain in their international relations from signed the Hague Convention on the Protection the threat or use of force against the territorial of Children and Cooperation in respect of inter- integrity or political independence of any state, country adoption in 1996. Ratification of the con- or in any other manner inconsistent with the Pur- vention requires legislative amendment and the poses of the United Nations.” designation of a central authority. A European Union common position on Cuba In 2005, following the publication of the has been in place since 1996. The aim of the com- Government’s proposals for change, a consul- mon position is to “encourage a process of tran- tation process was undertaken with people sition to pluralist democracy and respect for involved with adoption or working in that field, human rights and fundamental freedoms, as well at the request of the Minister of State with as a sustainable recovery and improvement in the responsibility for children. The consultation pro- living standards of the Cuban people”. We cess included, inter alia, consideration of legislat- believe that the way to achieve this is by engage- ive proposals relating to the ratification of the ment rather than by isolation. Increasingly, and Hague Convention. The proposals also provided in particular since 2003, the Cuban authorities for the establishment of an Adoption Authority have had recourse to more coercive measures which will replace the existing Adoption Board against dissidents and civil society more gener- as the central authority required under the Hague ally, including, in the course of the past six Convention. The heads of the adoption (Hague months, increased levels of “acts of repudiation” Convention, adoption authority and whereby activists have been maltreated, expelled miscellaneous) Bill are being drafted in the from their dwellings and beaten up with the con- Parliamentary Counsel’s office. It is anticipated nivance or encouragement of the Government. that a Bill will be published in Autumn 2006. Notwithstanding these disappointing actions, Ireland and our EU partners will continue to per- Question No. 392 answered with Question severe with our policy of constructive engage- No. 386. ment with Cuba with a view ultimately to seeing the aims of the common position achieved, Diplomatic Representation. namely, the initiation of a transition to a system of pluralist democracy embracing human rights 393. Mr. Quinn asked the Minister for Foreign and fundamental freedoms. Affairs if his attention has been drawn to the fact that the US Government has appointed a trans- Overseas Development Aid. itional co-ordinator for Cuba; if he recognises the Havana Government or the transitional co-ordin- 394. Mr. Allen asked the Minister for Foreign ator, Mr. Caleb McCarry, as the sovereign Affairs his views on the inclusion of Zimbabwe in Government of Cuba; if he, or any of his officials the Irish aid bilateral aid programme; and the aid or any Irish ambassador or officials of an Irish which is going to non-governmental organisations Embassy or consulate, has met with Mr. McCarry; in Zimbabwe. [10617/06] if the Government believes it is appropriate for a state to appoint a transitional governor for Minister for Foreign Affairs (Mr. D. Ahern): another state; and if he will make a statement on The political, economic and humanitarian the matter. [10590/06] situation within Zimbabwe continues to deterio- rate. Over the last five years, Zimbabwe has Minister for Foreign Affairs (Mr. D. Ahern): It slipped over 25 places down the human develop- has been the policy of successive Irish Govern- ment index, HDI. This is the UN index that ments to limit recognition to states and not for- measures the human and material well-being of 1387 Questions— 21 March 2006. Written Answers 1388

[Mr. D. Ahern.] remit of my Department are being actively a country and its people across a wide range of pursued. indicators. This slippage mirrors the descent of a once moderately prosperous country to a Northern Ireland Issues. situation today where hunger is a daily experi- ence for millions of Zimbabweans. Life expect- 396. Mr. Naughten asked the Minister for For- ancy today is under 40 years in Zimbabwe. In the eign Affairs when his Department will make a first half of the 1970s, it was 55 years. decision on a funding application (details Ireland’s assistance to Zimbabwe is delivered supplied); and if he will make a statement on the through partnerships with the humanitarian agen- matter. [10831/06] cies of the United Nations, particularly the World Minister for Foreign Affairs (Mr. D. Ahern): Food Programme and NGOs such as Christian The application will be considered by the inter- Aid, Concern, Goal, Tro´ caire and missionary departmental advisory committee on the recon- organisations. We also work with local groups ciliation fund when it next meets to consider its and organisations, particularly those with a focus recommendations to me regarding funding. That on HIV and Aids. Our programme has one clear is likely to be in early April. objective, to deliver aid effectively to the most The group will be informed in writing once a needy and vulnerable people throughout decision has been made regarding the application. Zimbabwe. Since 2004, Ireland has committed approximately \12 million in aid to Zimbabwe, including more than \2 million this year to Sports Capital Programme. address emergency needs. The largest proportion 397. Dr. Cowley asked the Minister for Arts, of this funding is for immediate humanitarian Sport and Tourism if his Department has needs, particularly the provision of food assist- received an application for a sports and capital ance. My Department is in regular contact with grant from a group (details supplied); if his atten- NGOs operational in Zimbabwe and with the tion has been drawn to the need for this funding WFP. As recently as 16 March, my officials met in a rural area that has developed an ethos of fun with the head of the World Food Programme in through sports and where all skills are taught, not Zimbabwe, Mr. Kevin Farrell, an Irish national, being confined to any one sport; and if he will to discuss the ongoing food security situation in make a statement on the matter. [10152/06] Zimbabwe and the best way that Ireland can assist. Minister for Arts, Sport and Tourism (Mr. It is difficult to envisage the situation in O’Donoghue): The national lottery-funded sports Zimbabwe improving in the near future. The capital programme, which is administered by my policy and political failures which have led inevit- Department, allocates funding to sporting and ably to the ongoing food crisis and the deterior- community organisations at local, regional and ation in the basic well-being of the people of national level throughout the country. The prog- Zimbabwe show no signs of being reversed. In ramme is advertised annually. this context, Ireland must concentrate its efforts Applications for funding under the 2006 prog- on working with the poorest people and with the ramme were invited through advertisements in organisations and agencies best equipped to the press on 27 and 28 November last. The closing deliver our aid. date for receipt of applications was 20 January 2006. All applications received before the dead- Children’s Rights. line, including one from the organisation in ques- tion, are currently being evaluated against the 395. Mr. G. Mitchell asked the Minister for programme’s assessment criteria, which are out- Foreign Affairs his views on the concerns of a lined in the guidelines, terms and conditions of person (details supplied) in Dublin 22 whose chil- the programme. I intend to announce the grant dren were taken out of the State without their allocations for the programme as soon as possible consent. [10694/06] after the assessment process has been completed. Minister for Foreign Affairs (Mr. D. Ahern): The alleged abduction of children referred to by Anti-Racism Measures. the Deputy is being addressed by the Irish Cen- 398. Mr. Quinn asked the Minister for Arts, tral Authority for Child Abduction and by my Sport and Tourism his plans to institute an anti- colleague, the Minister for Justice, Equality and racism or anti-sectarianism campaign through Law Reform, Deputy McDowell. I understand sports in general, and in particular soccer, mod- that judicial proceedings in the matter, under the elled on the lines of Britain’s Kick Racism Out of Hague Convention on the Civil Aspects of Inter- Football campaign; if any Irish group is working national Child Abduction, have been initiated. with European sporting organisations on a co- Accordingly, the matter remains sub judice until ordinated anti-racism campaign, for example, the case has been resolved. FARE; the Government’s position on the written Other issues of concern raised in the corre- declaration of the European Parliament on tack- spondence supplied by the Deputy and within the ling racism in football; the steps the Government 1389 Questions— 21 March 2006. Written Answers 1390 is taking to use sport as a tool for eliminating tation of UEFA’s ten-point plan, which it intends racism and sectarianism. [10158/06] to implement fully, and will develop a programme of actions that will further enhance its work in Minister for Arts, Sport and Tourism (Mr. promoting integration and in preventing racism O’Donoghue): Irish sports policy, its funding and and sectarianism in soccer in Ireland. its programmes, have always been firmly grounded on the fundamental principle that sport Sports Capital Programme. belongs to the community and to the citizen. Government support for sport is predicated on 399. Mr. McHugh asked the Minister for Arts, the need for tolerance, mutual respect, fair play Sport and Tourism if a sports capital grant will be and equal access for everybody. The Irish Sports awarded to a club (details supplied) in County Council, which is the statutory body for the Galway. [10170/06] development of sport, is fully dedicated to the Minister for Arts, Sport and Tourism (Mr. development of Irish sport for all people across a O’Donoghue): The national lottery-funded sports wide range of support programmes and capital programme, which is administered by my initiatives. Department, allocates funding to sporting and The national lottery-funded sports capital prog- community organisations at local, regional and ramme, which is administered by my Depart- national level throughout the country. The prog- ment, allocates funding to sporting and com- ramme is advertised annually. munity organisations at local, regional and Applications for funding under the 2006 prog- national level throughout the country for projects ramme were invited through advertisements in which must be directly related to the provision of the press on 27 and 28 November last. The closing sport and recreation facilities. date for receipt of applications was Friday 20 The guidelines, terms and conditions of the January. All applications received before the programme clearly stipulate that “Applicants will deadline, including one from the organisation in have to submit rules and procedures as evidence question, are currently being evaluated against of non discrimination on the grounds of sex, the programme’s assessment criteria, which are religion, ethnic origin etc.” outlined in the guidelines, terms and conditions Government policy on racism in sport is of the programme. I intend to announce the grant reflected in the national action plan against allocations for the programme as soon as possible racism, which was launched by the Taoiseach in after the assessment process has been completed. 20 January 2005. A strategic monitoring group, SMG, has been established under the Depart- 400. Mr. McHugh asked the Minister for Arts, ment of Justice, Equality and Law Reform to Sport and Tourism if a sports capital grant will be drive the plan forward. The group comprises rep- awarded to a club (details supplied) in County resentatives of the Government, the social part- Galway to allow them to continue work on their ners and relevant non-governmental organ- development. [10171/06] isations. One of the key objectives of the national action Minister for Arts, Sport and Tourism (Mr. plan is concerned with enhancing recognition and O’Donoghue): The national lottery-funded sports awareness of cultural diversity, and the SMG is capital programme, which is administered by my currently examining how it can assist sports Department, allocates funding to sporting and organisations in developing initiatives to tackle community organisations at local, regional and racism and promote diversity in sport. national level throughout the country. The prog- The SMG recently met with the FAI, the Pro- ramme is advertised annually. fessional Footballers’ Association, Sport Against Applications for funding under the 2006 prog- Racism in Ireland, Show Racism the Red Card, ramme were invited through advertisements in which involves elite Gaelic, rugby and soccer the press on 27 and 28 November last. The closing players, and the National Consultative Commit- date for receipt of applications was Friday, 20 tee on Racism and Interculturalism, with a view January. All applications received before the to furthering co-operation and agreeing a plan of deadline, including one from the organisation in action on the issues raised by the Deputy. My question, are currently being evaluated against Department was also represented at that meeting. the programme’s assessment criteria, which are Several initiatives are already under way in soc- outlined in the guidelines, terms and conditions cer in Ireland, including the implementation of an of the programme. I intend to announce the grant anti-racism campaign at National League allocations for the programme as soon as possible grounds, cross-Border initiatives such as the Set- after the assessment process has been completed. anta Cup, the organisation of several intercultural football events and the encouragement of ethnic 401. Mr. Kenny asked the Minister for Arts, minorities to become involved in existing FAI Sport and Tourism if he has received an appli- programmes. In accordance with the written dec- cation for funding from a club (details supplied) laration of the European Parliament, the FAI is in County Mayo; if his attention has been drawn already engaged with UEFA on the implemen- to the work completed to date by the club in 1391 Questions— 21 March 2006. Written Answers 1392

[Mr. Kenny.] National Museum and so on who are on contract question; if his attention has further been drawn have the opportunity to obtain permanency and to the required finances being lodged as collateral pension coverage; and the circumstances in which and as required for their application to be con- permanency can be granted. [10228/06] sidered; when he expects to announce approval for this category of schemes; and if he will make Minister for Arts, Sport and Tourism (Mr. a statement on the matter. [10184/06] O’Donoghue): The National Museum of Ireland was established as a statutory body on 3 May Minister for Arts, Sport and Tourism (Mr. 2005 under the provisions of the National Cul- O’Donoghue): The national lottery-funded sports tural Institutions Act 1997. Therefore, staffing capital programme, which is administered by my issues and the implementation of employment Department, allocates funding to sporting and legislation are now matters for the board of that community organisations at local, regional and body. national level throughout the country. The prog- ramme is advertised annually. Sports Capital Programme. Applications for funding under the 2006 prog- ramme were invited through advertisements in 404. Mr. Kenny asked the Minister for Arts, the press on 27 and 28 November last. The closing Sport and Tourism if he has received an appli- date for receipt of applications was 20 January cation from a club (details supplied); if he has 2006. All applications received before the dead- examined this application; if he can confirm that line, including one from the organisation in ques- the appropriate collateral is available in respect tion, are currently being evaluated against the of the club to qualify for consideration for fund- programme’s assessment criteria, which are out- ing; when he expects decisions will be made in lined in the guidelines, terms and conditions of the area; and if he will make a statement on the the programme. I intend to announce the grant matter. [10235/06] allocations for the programme as soon as possible after the assessment process has been completed. Minister for Arts, Sport and Tourism (Mr. O’Donoghue): The national lottery-funded sports 402. Mr. Kenny asked the Minister for Arts, capital programme, which is administered by my Sport and Tourism if he has received an appli- Department, allocates funding to sporting and cation for funding from a community centre community organisations at local, regional and (details supplied) in County Mayo; if his attention national level throughout the country. The prog- has been drawn to the work being carried out in ramme is advertised annually. the centre; if he has examined the application; if Applications for funding under the 2006 prog- his attention has further been drawn to the ramme were invited through advertisements in required finances being lodged for their appli- the press on 27 and 28 November last. The closing cation to be considered; when he expects to date for receipt of applications was 20 January announce approval for the schemes; and if he will 2006. All applications received before the dead- make a statement on the matter. [10185/06] line, including one from the organisation in ques- tion, are currently being evaluated against the Minister for Arts, Sport and Tourism (Mr. programme’s assessment criteria, which are out- O’Donoghue): The national lottery-funded sports lined in the guidelines, terms and conditions of capital programme, which is administered by my the programme. I intend to announce the grant Department, allocates funding to sporting and allocations for the programme as soon as possible community organisations at local, regional and after the assessment process has been completed. national level throughout the country. The prog- ramme is advertised annually. Sports Stadia. Applications for funding under the 2006 prog- 405. Mr. Deenihan asked the Minister for Arts, ramme were invited through advertisements in Sport and Tourism the contacts his Department the press on 27 and 28 November last. The closing has had with groups (details supplied) regarding date for receipt of applications was 20 January the Genesis report, particularly on ground-shar- 2006. All applications received before the dead- ing; and if he will make a statement on the line, including one from the organisation in ques- matter. [10327/06] tion, are currently being evaluated against the programme’s assessment criteria, which are out- lined in the guidelines, terms and conditions of Minister for Arts, Sport and Tourism (Mr. the programme. I intend to announce the grant O’Donoghue): The main thrust of the recent allocations for the programme as soon as possible Genesis report, which was commissioned by the after the assessment process has been completed. FAI, is that a radical reform of the Eircom League is required to secure its future. The implementation of the various recommendations National Museum. put forward in the report across areas such as 403. Mr. Bruton asked the Minister for Arts, revised structures, marketing, community Sport and Tourism if persons employed in the involvement and financial viability is clearly a 1393 Questions— 21 March 2006. Written Answers 1394 matter for the Eircom League and the FAI to programme from a club (details supplied) in determine. Dublin 6 for less than \23,000; when a decision The improvement of facilities to ensure high- will be available; if his attention has been drawn standard, safe, family-friendly stadia conforming to the widespread community support that the with club licensing requirements is also identified tennis club enjoys and the contribution that it as a key requirement. The report signalled the makes to the local community; if his attention has need for Dublin clubs to consider ground-sharing further been drawn to the fact that granting the to secure the significant public investment application will have a beneficial effect on the required to provide modern city stadia necessary operational performance of the club; and if he to attract higher attendances. It is in that context will make a statement on the matter. [10630/06] that the issue of ground-sharing among Dublin clubs has been discussed, among other issues, at Minister for Arts, Sport and Tourism (Mr. meetings between me, my officials and the FAI. O’Donoghue): The national lottery-funded sports I have indicated to the FAI, my desire to see capital programme, which is administered by my the provision of two modest-sized modern foot- Department, allocates funding to sporting and ball stadia in Dublin, attractive to spectators, community organisations at local, regional and which would be a great boost for football and the national level throughout the country. The prog- Eircom League. I am committed to the com- ramme is advertised annually. pletion of the new soccer stadium in Tallaght, and Applications for funding under the 2006 prog- I would support a similar development on ramme were invited through advertisements in Dublin’s north side in an existing or new location. the press on 27 and 28 November last. The closing In that context, the FAI, is engaging in dis- date for receipt of applications was 20 January cussions with the main Dublin clubs to secure 2006. All applications received before the dead- their agreement in principle to that concept and line, including one from the organisation in ques- to identify the main issues arising to ensure its tion, are currently being evaluated against the success. programme’s assessment criteria, which are out- lined in the guidelines, terms and conditions of National Stadium. the programme. I intend to announce the grant allocations for the programme as soon as possible 406. Ms Burton asked the Minister for Arts, after the assessment process has been completed. Sport and Tourism if he is satisfied that he has and has always had power to hold and transfer 408. Mr. Quinn asked the Minister for Arts, shares in Campus and Stadium Ireland Develop- Sport and Tourism if an application under the ment Limited; if he is further satisfied that the 2006 sports capital grants scheme has been establishment of that company was valid and received from a club (details supplied) in Dublin effectual; if previous dealings regarding the estab- 4; when a decision will be taken on the appli- lishment of that company and the holding and cation; if he will have regard to the fact that the transferring of its shares are at present vulnerable club is the largest in Leinster; and if he will make to legal challenge on grounds of lack of capacity a statement on the matter. [10755/06] on his part or on the part of other members of the Government; and if he will make a statement Minister for Arts, Sport and Tourism (Mr. on the matter. [10499/06] O’Donoghue): The national lottery-funded sports capital programme, which is administered by my Minister for Arts, Sport and Tourism (Mr. Department, allocates funding to sporting and O’Donoghue): Campus and Stadium Ireland community organisations at local, regional and Development Limited, CSID, was established national level throughout the country. The prog- under the Companies Acts, and all matters relat- ramme is advertised annually. ing to the company are valid and effectual. I do Applications for funding under the 2006 prog- not consider that any of the dealings relating to ramme were invited through advertisements in the company would be open to a successful legal the press on 27 and 28 November last. The closing challenge. The transitional provisions of the date for receipt of applications was 20 January National Sports Campus Development Authority 2006. All applications received before the dead- Bill 2006 ensure a smooth transfer between the line, including one from the organisation in ques- company and the authority. One of those trans- tion, are currently being evaluated against the itional provisions, section 38, confirms the power programme’s assessment criteria, which are out- of the Taoiseach, the Minister for Finance and lined in the guidelines, terms and conditions of the Minister for Arts, Sport and Tourism to hold the programme. I intend to announce the grant and transfer shares in CSID. allocations for the programme as soon as possible after the assessment process has been completed. Sports Capital Programme. Health and Safety Authority. 407. Mr. Quinn asked the Minister for Arts, Sport and Tourism if he will confirm the receipt 409. Mr. Perry asked the Minister for of a grant application under the 2006 sport capital Enterprise, Trade and Employment if instruc- 1395 Questions— 21 March 2006. Written Answers 1396

[Mr. Perry.] evaluation system to recognise excellence and tions have been issued to the Health and Safety facilitate improvement. Authority regarding the appointment of health I understand that several providers of health and safety officers in the western region; the and safety training have agreed quality assurance negotiations which have taken place; and if he systems with FETAC and offer courses leading to will make a statement on the matter. [10560/06] FETAC awards. The Health and Safety Authority does not Minister of State at the Department of operate a system of accreditation for companies Enterprise, Trade and Employment (Mr. which provide classes and courses in regard to Killeen): No instructions, as referred to in the health and safety in the workplace, and I have no question, have been issued to the Health and information regarding the provision of training Safety Authority regarding the appointment of for State companies by the company concerned inspectors by the authority. in County Limerick. The appointment and deployment of inspectors by the Health and Safety Authority is a day-to- Work Permits. day matter for the authority itself, within the overall parameters of Government policy on 412. Mr. Kenny asked the Minister for public sector recruitment. Enterprise, Trade and Employment if a work per- mit can be applied for on-line; and if he will make a statement on the matter. [10085/06] Health and Safety Regulations. 410. Aengus O´ Snodaigh asked the Minister for Minister for Enterprise, Trade and Employ- Enterprise, Trade and Employment if there is a ment (Mr. Martin): There are no facilities for regulation in place to ensure that companies that accepting and processing work permit appli- purport to be experts in health and safety regu- cations on-line at present. However, there are lations and that provide classes and courses on plans after the Employment Permits Bill has been the implementation of Irish and EU regulations passed by the Oireachtas to introduce a new work regarding health and safety in the workplace are permits management system, which will include a in fact qualified to do so. [10065/06] facility for making work permit applications on- line. 411. Aengus O´ Snodaigh asked the Minister for Enterprise, Trade and Employment if a company Tax Code. (details supplied) in County Limerick is recog- 413. Mr. Kenny asked the Minister for nised as an accredited company by the Health Enterprise, Trade and Employment if the annual and Safety Authority and by his Department to returns can be filled on-line; if new companies provide classes and courses on the implemen- can be registered on-line; and if he will make a tation of Irish and EU regulations regarding statement on the matter. [10086/06] health and safety in the workplace; and if this company is employed by State companies to Minister of State at the Department of deliver such services. [10066/06] Enterprise, Trade and Employment (Mr. M. Ahern): At present, annual returns for companies Minister of State at the Department of can be filed wholly electronically in the Compan- Enterprise, Trade and Employment (Mr. ies Registration Office. However, it is necessary Killeen): I propose to take Questions Nos. 410 to use a software package to avail of that facility. and 411 together. A recent development is that companies have The national awarding body for further edu- been able to appoint electronic filing agents since cation and training in Ireland is the Further Edu- 1 December 2005. The further development of cation and Training Awards Council, FETAC, the on-line annual return facility is at an which gives people the opportunity to gain recog- advanced stage and will be launched by mid 2006. nition for learning in education or training Regarding the registration of new companies, centres, in the workplace and in the community. it is currently possible to file company incorpor- FETAC’s functions include the making and pro- ation documents electronically with the Compan- moting of awards, the validating of programmes, ies Registration Office by using CRODISK. monitoring and ensuring the quality of prog- However, CRODISK requires the paper appli- rammes and determining standards. cation form to be filed in addition to the elec- FETAC published guidelines for providers in tronic version. The paper application form con- 2004 which set out a common framework for tains various signatures, including a statutory quality assurance which all providers must apply declaration of compliance which is necessitated in a manner appropriate to their own context. by section 5(5) of the Companies (Amendment) That common framework requires providers to Act 1983 and section 42(2) of the Companies develop and document a series of policies and (Amendment) (No.2) Act 1999. Statutory declar- procedures capturing their existing best practice, ations were expressly excluded from the ambit of complemented by an internal monitoring and the Electronic Commerce Act 2000. A statutory 1397 Questions— 21 March 2006. Written Answers 1398 declaration must accordingly be in written for- This was followed on 31 May 2005 by the intro- mat, as this is required by the 1983 Act. duction of a new on-line redundancy application The company law review group’s first report system. On-line claims are processed more included recommendations to facilitate easier quickly than manual applications received by registration of new companies and to facilitate post, as they are automatically validated and electronic communications with customers by the recorded on the system. Since the service came Companies Registration Office. Those recom- into operation, the percentage of customers using mendations must be implemented to facilitate the facility has increased to 40%, at February electronic filing of documents with the Company 2006, from an initial take-up of 12% in summer Registration Office, including on-line company 2005. registration. The easy-to-use calculation facility and the on- It is expected that the recommendations will be line redundancy application system are available given effect by the Companies Consolidation and on the home page of the Department’s Website Reform Bill. I expect that the Bill will be pub- at www.entemp.ie. Both employers and lished at the end of this year, and enactment is employees are strongly advised to use those facili- anticipated in 2007. ties to ensure accuracy and ease of calculation, and quicker processing of rebate and lump-sum Patents Office. applications. 414. Mr. Kenny asked the Minister for Work Permits. Enterprise, Trade and Employment if the public has on-line access to the Patents Office Journal 416. Mr. Hayes asked the Minister for and to the Patents Office’s register and databases; Enterprise, Trade and Employment if he will if the public can patent and trademark designs on review a decision to disallow an application for a databases on-line; if people can renew patents work permit in respect of a Ukrainian national and trademarks and if they can search and renew (details supplied). [10157/06] industrial designs; and if he will make a statement on the matter. [10087/06] Minister for Enterprise, Trade and Employ- ment (Mr. Martin): The work permits section of Minister of State at the Department of my Department returned a work permit appli- Enterprise, Trade and Employment (Mr. M. cation to the above employer on 7 February 2006 Ahern): The Patents Office has provided on-line on the basis that the Department believes that a searchable access to the Patents Office Journal suitable employee from within the enlarged EU via its website at www.patentsoffice.ie since can fill the position and that the proposed November 2002. employee is here on a D visa and as such is pre- Since December 2002, it has also been possible cluded from entering full-time employment. In for the public to access and search on-line the those circumstances, a work permit may not be office’s patent, trademark and design registers granted. and databases free of charge, via the office’s website. Industrial Development. On 15 December 2004, the office implemented its on-line renewals payment system, which facili- 417. Dr. Cowley asked the Minister for tates the payment of patent, trademark and Enterprise, Trade and Employment the steps he design renewal fees via its website using various intends to take to restore employment in north credit and debit cards. Mayo and in Ballina, County Mayo, in view of A facility for filing patents, trademarks and the fact that the employment rate in the town is designs on-line is not currently available. 11%, which is twice the national average; and if he will make a statement on the matter. [10166/06] Computerisation Programme. 415. Mr. Kenny asked the Minister for Minister for Enterprise, Trade and Employ- Enterprise, Trade and Employment if his Depart- ment (Mr. Martin): According to the quarterly ment has an on-line service to calculate redun- national household survey, the unemployment dancy payments for employers and employees; rate for the west region for the last quarter of and if he will make a statement on the matter. 2005 was 4.3%. I also note that the live register [10092/06] recorded a decrease in Ballina from 1,574 to 1,421 over the 12-month period to January 2006. Minister of State at the Department of Support for job creation and investment in Enterprise, Trade and Employment (Mr. individual counties and regions is a day-to-day Killeen): The Department has had an on-line operational matter for the development agencies redundancy calculator since 2002. An updated as part of their responsibility under the Industrial version was made available on 10 April 2005 Development Acts. While I may give general incorporating the new simplified provisions of the policy directives to the agencies, I am precluded Redundancy Payments Act 2003. under the Industrial Developments Acts from 1399 Questions— 21 March 2006. Written Answers 1400

[Mr. Martin.] people, and provide a range of supports to com- giving directives regarding individual under- panies that fall within their remit. takings or from giving preference to one area Enterprise Ireland operates under policy direc- over others. tions given by the Department of Enterprise, I have been assured by the agencies under the Trade and Employment or as specified by the remit of my Department that they are endeav- Enterprise Ireland board. The key focus of ouring to attract new investment, encourage the Enterprise Ireland’s policy is to work with start-up of new businesses, the growth of existing indigenous companies which have the potential to businesses and the development of the labour develop sustainable export sales, and to qualify market in County Mayo. for support a company should demonstrate clear IDA Ireland, the agency charged with the potential to do so. All projects have to be com- attraction of foreign direct investment, is actively mercially viable and must be supported by a busi- marketing and promoting the linked hub towns ness plan. Every business development plan is of Ballina, Castlebar and Westport for new green- considered on its individual merits. field investment. The agency is at an advanced Enterprise Ireland has a wide range of supports stage in the acquisition of 27 acres of land on the for high-potential start-up companies, HPSUs. As Sligo Road in Ballina with a view to developing part of its new strategy launched in May last year, a high-quality business and technology park. Enterprise Ireland works more intensively with As part of its regional development role, HPSUs at their initial start-up phase to accelerate Enterprise Ireland works with other agencies in their growth. Enterprise Ireland provides finan- the county to develop the business infrastructure. cial support to such client companies and assists The community enterprise centres operating in them to build management capability and access the county, which are part-funded through the Enterprise Ireland-supported seed and venture agency, are designed to assist small new compan- capital funding. In addition, Enterprise Ireland ies in their start-up phase. provides business advice and mentoring and The Mayo County Enterprise Board approved assists HPSUs through its overseas network to a total of 23 projects in 2005 throughout the develop their exports. county, and five of those are in the Ballina area. Enterprise Ireland’s range of supports for com- FA´ S also provides a range of programmes in panies includes strategy development, production the area to assist job-seekers to improve their and operations, marketing, human resources skills and obtain employment. development, finance and research and develop- I am confident that the strategies and policies ment. In addition, a wide range of support and being pursued by these agencies, together with knowledge is provided by specialists in Enterprise the ongoing commitment by the Government to Ireland offices in Dublin and through its 33 regional development and the national develop- offices worldwide. That independent support ment plan, will bear fruit in investment and jobs involves a range of services, including identifying for the people of Ballina and County Mayo. new opportunities, providing market and techni- cal information and promoting clients in Ireland Grant Payments. and overseas. 418. Mr. Haughey asked the Minister for Migrant Workers. Enterprise, Trade and Employment if grant assistance is available from his Department or 419. Mr. Connolly asked the Minister for agencies attached to his Department for a start- Enterprise, Trade and Employment the steps up company intending to provide telephone and which are being taken to prevent the exploitation information technology services; and if he will of migrant workers; and if he will make a state- make a statement on the matter. [10213/06] ment on the matter. [10312/06]

Minister for Enterprise, Trade and Employ- Minister of State at the Department of ment (Mr. Martin): The provision of grant assist- Enterprise, Trade and Employment (Mr. ance for individual companies is a matter for the Killeen): The Labour Inspectorate of the Depart- development agency or body concerned, and not ment of Enterprise, Trade and Employment is one in which I have a direct function. responsible for monitoring certain employment Enterprise Ireland has primary responsibility conditions for all categories of workers in Ireland, for Irish companies in the manufacturing and including immigrant workers. The inspectorate internationally traded services sectors, which operates without any differentiation with regard includes telephone and information technology to worker nationality, as statutory employment services. Enterprise Ireland supports companies rights and protections apply to immigrant employing ten or more people and start-up com- workers in exactly the same manner as they do to panies with the potential to employ ten or more Irish workers. people and reach or exceed \1 million in exports For the avoidance of doubt, section 20 of the over three years. Protection of Employee’s (Part-Time) Work Act The county enterprise boards have responsi- 2001 provides that all employee protection legis- bility for companies that employ fewer than ten lation on the Statute Book in Ireland applies to 1401 Questions— 21 March 2006. Written Answers 1402 workers posted to work in Ireland in line with inspections; and if he will make a statement on Directive 96/71/EC of the European Parliament the matter. [10313/06] and Council of 16 December 1996. Minister of State at the Department of Section 20 of the 2001 Act also provides that Enterprise, Trade and Employment (Mr. all employee protection legislation applies to a Killeen): The number of workplace inspections or person, irrespective of his or her nationality or visits carried out by the Labour Inspectorate in place of residence, who has entered into a con- each month of 2005 is set out in the following tract of employment that provides for his or her tabular statement. being employed in the State or who works in the The assignment of additional labour inspectors State under a contract of employment. Thus all was completed in November 2005, bringing the employment rights legislation applies to migrant complement of serving inspectors to 31 officers. workers engaged to work in Ireland under a con- That represents almost a doubling of the number tract of employment. of labour inspectors in the last 18 months. Labour inspectors pursue allegations of worker It is anticipated that the new round of social mistreatment, and when evidence of non-com- partnership talks will embrace consideration of pliance with the relevant employment rights legis- the resourcing of the Labour Inspectorate and lation is found, the inspectorate seeks redress for options to enhance the effectiveness of our the individual or individuals concerned and, if employment rights compliance regime. appropriate, a prosecution is initiated. Employers are required to maintain records in respect of Inspections and Visits in 2005 such employees, and those records, together with other substantiating evidence, for example, a January 355 statement from an employee, provide the essen- February 695 tials of a basis for legal proceedings. Failure to March 224 maintain adequate records by an employer is an April 414 offence. May 387 It should be noted also that, in many cases, June 404 employment rights legislation has provisions July 289 whereby workers who believe that they have been denied their entitlements, or otherwise August 373 unfairly treated, can, as an alternative to dealing September 414 with the Labour Inspectorate, take the matter October 529 before a Commissioner in the Rights Com- November 970 missioner Service of the Labour Relations December 665 Commission. I urge anyone who has evidence of the mis- Total 5,719 treatment of workers to furnish all the relevant details and any related materials to the inspector- ate with a view to pursuing the matter. Work Permits. 421. Mr. Connolly asked the Minister for Labour Inspectorate. Enterprise, Trade and Employment the number of work permit applications in each year since 420. Mr. Connolly asked the Minister for 2002; and if he will make a statement on the Enterprise, Trade and Employment the number matter. [10315/06] of workplace inspections carried out by labour inspectors in each month of 2005; his views on Minister for Enterprise, Trade and Employ- whether the current number of 31 labour inspec- ment (Mr. Martin): The information that the tors is sufficient to provide an adequate level of Deputy requires is listed as follows.

Year New Renewals Group Refused Withdrawn Total

2002 23,306 16,547 431 1,072 1,641 42,997 2003 21,930 25,013 547 1,672 1,760 50,922 2004 10,004 23,203 801 1,286 1,062 36,356 2005 7,345 18,955 812 1,143 490 28,745

Job Losses. pany ( details supplied) in County Donegal; if talks are being held to save some of the jobs; and 422. Mr. McGinley asked the Minister for if he will make a statement on the matter. Enterprise, Trade and Employment the efforts [10431/06] being made to find alternative employment for those who are being made redundant by a com- Minister for Enterprise, Trade and Employ- ment (Mr. Martin): The role of FA´ S, the State 1403 Questions— 21 March 2006. Written Answers 1404

[Mr. Martin.] ness plan. Every business development plan is training agency, is particularly important in assist- considered on its individual merits. ing those who are being made redundant. FA´ S Enterprise Ireland has a wide range of supports has already been in contact with the company and for start-up companies that meet the above is providing advice and training opportunities for criteria. As part of its new strategy launched in the employees being made redundant. FA´ Sis May last year, Enterprise Ireland now works making its full range of services available to the more intensively with such high-potential start- workers, which includes: top-level agreement ups, HPSUs, at an early stage to accelerate with the company on responsibilities and actions; growth. As well as providing direct financial sup- intensive interviews, individually and in groups, port, Enterprise Ireland can also help build man- with affected workers that will outline the range agement capability, provide business advice and of supports and services available; preparation of mentoring and, through its overseas network, a skills analysis report by FA´ S based on identified assist HPSUs to develop their exports. workers’ needs and local opportunities; referral Enterprise Ireland’s range of supports for com- of affected workers to jobs, training courses or panies includes strategy development, production other opportunities; establishment of special or and operations, marketing, human resources customised training courses where necessary; and development, finance and research and develop- ongoing support and action to keep redundant ment. In addition, a wide range of support and workers in touch with the labour market. knowledge is provided by specialists in Enterprise The north-west region is a priority area for Ireland’s offices in Dublin and through its 33 IDA Ireland and Enterprise Ireland as the agen- offices worldwide. That independent support cies continue to market this region strongly for involves a range of services including identifying new investment. On 9 March 2006, I announced new opportunities, providing technical know how the establishment of AssetCo in Buncrana, which and expertise, providing market and technical it is hoped will lead to the creation of over 260 information and promoting clients both in Ireland jobs in the next two to three years. Also, on 21 and overseas. March 2006, I announced that Abbott, one of the world’s largest health care companies, is to estab- National Minimum Wage. lish a manufacturing facility for its diabetes care 424. Mr. Bruton asked the Minister for products in Donegal town. The project will create Enterprise, Trade and Employment if his atten- 155 high-quality jobs, with over 45% requiring a tion has been drawn to the fact that home help third level qualification. workers continue to be employed on zero-hours contracts in breach of the Organisation of Work- Grant Payments. ing Time Act 1997; and if he has taken initiatives to bring the situation to an end, which contradicts 423. Mr. Kehoe asked the Minister for the Government’s own policies. [10608/06] Enterprise, Trade and Employment the grants which are available to a company (details Minister of State at the Department of supplied) in County Wexford who wish to start Enterprise, Trade and Employment (Mr. up a new business. [10548/06] Killeen): Section 18 of the Organisation of Work- ing Time Act 1997 deals with zero-hours Minister for Enterprise, Trade and Employ- contracts. ment (Mr. Martin): The provision of grant assist- Under that section of the Act, if an employee ance for individual companies is a matter for the is required to work (a) a certain number of hours development agency or body concerned, and not per week, the contract hours, or (b) as and when one in which I have a direct function. required by his or her employer, or (c) a combi- Enterprise Ireland has primary responsibility nation of (a) and (b) above, but is not called to for Irish companies in the manufacturing and perform any work during the week, he or she is internationally traded services sectors, and sup- entitled to receive in the case of (a) above, the ports companies employing ten or more people, pay for 25% of the contract hours or the pay for and start-up companies which have the potential 15 hours, whichever is the lesser, or in the case of to employ ten or more people and reach or (b) or (c) above, the pay for 25% of the hours of exceed \1 million in exports over three years. work done by another similar employee or the Enterprise Ireland operates under policy direc- pay for 15 hours , whichever is the lesser. tions given by the Department of Enterprise, The employee is also due compensation as Trade and Employment or as specified by the above if he or she works less than 25% of the Enterprise Ireland board. The key focus of contract hours or 15 hours, whichever is the Enterprise Ireland’s policy is to work with lesser, or if he or she works fewer hours than that indigenous companies which have the potential to performed by another similar employee or 15 develop sustainable export sales and to qualify hours, whichever is the lesser. However, home for support, a company should demonstrate clear help workers, given the nature of their work, potential to do so. All projects have to be com- would not normally have a comparator as mercially viable and must be supported by a busi- described above. 1405 Questions— 21 March 2006. Written Answers 1406

Nevertheless, if an employer does not compen- all enterprise sectors. That will assist firms to sate an employee for working what are termed produce improved, value-added products and zero-hours contracts as described above, but services. In the longer term, that will provide which include all three categories mentioned in more sustainable and higher-quality jobs. the first paragraph above, it is open to an Innovations in the support package available to employee such as a home help worker to refer investors, such as changes to the taxation treat- the matter to a rights commissioner for redress ment for head office operations and research and under the Act. development, are helping secure new forms of investment, as well as helping persuade foreign Economic Competitiveness. investors to allocate higher-value-added functions to their Irish operations. Those policy innovations 425. Mr. Lowry asked the Minister for clearly demonstrate the high priority that the Enterprise, Trade and Employment the measures Government accords to ensuring that Ireland he plans to take to assist Irish companies and aligns its business supports and competitive international companies based here maintain a characteristics with the requirements of doing cost competitiveness and a strong competitive business here. They also show that our enterprise advantage in the marketplace in view of the policies are both creative and flexible to capture recent rise in the number of people made redun- the opportunities presented by globalisation. dant; and if he will make a statement on the Following the policy prescriptions contained in matter. [10681/06] the enterprise strategy group that I mandated, Enterprise Ireland was mandated to restructure Minister of State at the Department of its operations to support the competitive position Enterprise, Trade and Employment (Mr. M. of indigenous firms better. The outcome is being Ahern): Maintaining Ireland’s attractiveness as a realised in Enterprise Ireland’s new strategic competitive and profitable European location direction to transform Irish industry, which was from which to do business is a key priority for the launched last year. Enterprise Ireland is Government, and the Department’s enterprise developing closer relationships between Irish support policies clearly reflect that commitment. firms and third level colleges to increase levels of Our economy is undergoing fundamental change, applied research. That will ensure that market- and while we are no longer a location of choice led innovation becomes an integral part of the for basic, low-value-added manufacturing invest- competitive strategy of individual companies and ment, we have developed different competitive strengthens Ireland’s long-term competitiveness. strengths and advantages. The agency has also made changes to the organis- Manufacturing faces particular challenges, but ation of its overseas offices so that market intelli- globalisation is creating significant opportunities gence and new opportunities can be fed more for us, particularly in services. Our support pack- effectively back to its client base. Those initiatives ages to both foreign and indigenous companies will expand the potential for Irish firms to extend have helped generate significant employment in their reach into global markets. the sector. Balanced economic policies have led to the creation of 268,000 more jobs between Job Losses. September-November 2000 and the same period in 2005 according to the CSO’s quarterly national 426. Mr. Lowry asked the Minister for household survey. Financial and other business Enterprise, Trade and Employment his views at services accounted for 15,300 jobs alone in the the job losses announced by a company (details year to the fourth quarter of 2005. That rep- supplied) in County Tipperary; his further views resents 17.7% of all new jobs created in that time. on the outlook for the company; if he will visit Meanwhile, research from the National Competi- the location; and if he will make a statement on tiveness Council shows that our total share of the matter. [10682/06] world services trade has increased remarkably, from 0.5% in 1997 to over 2% in 2004. This is far Minister for Enterprise, Trade and Employ- greater than would be expected for an economy ment (Mr. Martin): I understand that the job of our size. losses at the company in question are owing to The Department and its agencies are acutely the seasonal nature of the business. All the aware of the imperative to help build firms of employees are temporary staff, and employment both scale and importance in higher-value-added at the company reduces at this time of the year. sectors of global trade. Our focus is firmly con- While 75 temporary jobs have been lost, a similar centrated on managing that transition with the number is usually recruited later in the year for best possible blend of policies to strengthen both the peak season. national and firm-level competitiveness. Our The company has confirmed that it is engaging response to the challenge is strategic, yet reflects in a study to assess the sourcing of its cosmetic the business needs of companies. The enterprise and skin care products in Eastern Europe. No development agencies are promoting increased decisions have been made yet, and none is levels of investment in research, business-related expected in the near future. The company faces technological development and innovation across ongoing competition from low-cost locations and 1407 Questions— 21 March 2006. Written Answers 1408

[Mr. Martin.] the mid-west region; and if he will make a state- is strongly focused on maintaining the competi- ment on the matter. [10687/06] tive position of its operation in Nenagh. I under- stand that IDA Ireland will be meeting the com- 432. Mr. Lowry asked the Minister for pany shortly, and I am aware that the agency is Enterprise, Trade and Employment the number working with all the company’s operations in of visits to Borrisokane arranged by Shannon Ireland to support continued investment in its Development and the IDA for potential foreign plants. direct investors, industrial developers or potential locating multinationals in each year since 2000; Industrial Development. the level of priority for investment purposes given to the town by comparison with other towns in 427. Mr. Lowry asked the Minister for the mid-west region; and if he will make a state- Enterprise, Trade and Employment the number ment on the matter. [10688/06] of visits to Nenagh arranged by Shannon Development and the IDA for potential foreign 443. Mr. Lowry asked the Minister for direct investors, industrial developers or potential Enterprise, Trade and Employment the number locating multinationals in each year since 2000; of visits to North Tipperary arranged by Shannon the level of priority for investment purposes given Development and the IDA for potential foreign to the town by comparison with other towns in direct investors, industrial developers, or poten- the mid-west region; and if he will make a state- tial locating multinationals in each year since ment on the matter. [10683/06] 2000; the level of priority for investment purposes given to the town by comparison with other towns 428. Mr. Lowry asked the Minister for in the mid-west region; and if he will make a Enterprise, Trade and Employment the number statement on the matter. [10865/06] of visits to Thurles arranged by Shannon Development and the IDA for potential foreign 444. Mr. Lowry asked the Minister for direct investors, industrial developers or potential Enterprise, Trade and Employment the number locating multinationals in each year since 2000; of visits to Limerick arranged by Shannon the level of priority for investment purposes given Development and the IDA for potential foreign to the town by comparison with other towns in direct investors, industrial developers, or poten- the mid-west region; and if he will make a state- tial locating multinationals in each year since ment on the matter. [10684/06] 2000; the level of priority for investment purposes given to the town by comparison with other towns 429. Mr. Lowry asked the Minister for in the mid-west region; and if he will make a Enterprise, Trade and Employment the number statement on the matter. [10866/06] of visits to Roscrea arranged by Shannon Development and the IDA for potential foreign 445. Mr. Lowry asked the Minister for direct investors, industrial developers or potential Enterprise, Trade and Employment the number locating multinationals in each year since 2000; of visits to Clare arranged by Shannon Develop- the level of priority for investment purposes given ment and the IDA for potential foreign direct to the town by comparison with other towns in investors, industrial developers, or potential the mid-west region; and if he will make a state- locating multinationals in each year since 2000; ment on the matter. [10685/06] the level of priority for investment purposes given to the town by comparison with other towns in 430. Mr. Lowry asked the Minister for the mid-west region; and if he will make a state- Enterprise, Trade and Employment the number ment on the matter. [10867/06] of visits to Templemore arranged by Shannon Development and the IDA for potential foreign 446. Mr. Lowry asked the Minister for direct investors, industrial developers or potential Enterprise, Trade and Employment the number locating multinationals in each year since 2000; of visits to the entire mid-west region arranged by the level of priority for investment purposes given Shannon Development and the IDA for potential to the town by comparison with other towns in foreign direct investors, industrial developers, or the mid-west region; and if he will make a state- potential locating multinationals in each year ment on the matter. [10686/06] since 2000; the level of priority for investment purposes given to this area ; and if he will make 431. Mr. Lowry asked the Minister for a statement on the matter. [10868/06] Enterprise, Trade and Employment the number of visits to Newport arranged by Shannon Minister for Enterprise, Trade and Employ- Development and the IDA for potential foreign ment (Mr. Martin): I propose to take Questions direct investors, industrial developers or potential Nos. 427 to 432, inclusive, and 443 to 446, inclus- locating multinationals in each year since 2000; ive, together. the level of priority for investment purposes given IDA Ireland has statutory responsibility for the to the town by comparison with other towns in attraction of foreign direct investment to the mid- 1409 Questions— 21 March 2006. Written Answers 1410 west region, except for the Shannon Free Zone, in the economic development of the mid-west which falls within the remit of Shannon Develop- region. However, the decision regarding where to ment. Shannon Development is also responsible locate is ultimately up to the individual investor, for supporting indigenous enterprises in the mid- and clients looking at Ireland are often only west region, where it acts as agent for willing to consider larger centres that have the Enterprise Ireland. scale, infrastructure and services capable of sus- Responsibility for the provision of industrial taining their investment. property solutions within the mid-west region Shannon Development, in association with also lies with Shannon Development, and IDA local authorities, is also spearheading the drive Ireland works closely with Shannon Development to bring high-speed Internet access to the region. in the promotion and marketing of those tailored Templemore, Nenagh and Roscrea have been property solutions. Initiatives undertaken by scheduled as priority towns for phase 2 of the Shannon Development include the development broadband roll-out programme. The Department of the Tipperary Technology Park in Thurles and of Communications, Marine and Natural the Ennis Information Age Park, two of the net- Resources has recently approved funding for work of five such parks in the region. Shannon metropolitan area networks to be installed in Development has also acquired a 29-acre site in each town, which should assist in attracting FDI Roscrea with a view to developing a business and indigenous industry. Newport has also been park appropriate to the needs of the area. selected by Shannon Development as part of its The attached tabular statement sets out the eTowns pilot project, which aims to assist the number of site visits in the period from 2000 to renewal or improvement of smaller communities date in 2006 that were organised by IDA Ireland in multiple locations. to locations in the mid-west region, together with I am confident that the strategies and policies the number of visits organised by Shannon being pursued by IDA Ireland and Shannon Development in the Shannon Free Zone. During Development in the mid-west region, together that period IDA organised a total of 147 itinerar- with the ongoing commitment by the Govern- ies, of which six were to Roscrea, five to Nenagh, ment to regional development, will bear fruit in and one to Thurles. None was recorded to investment and job creation for the mid-west Templemore, Newport or Borrisokane. In the region. same period, Shannon Development organised a Employment Statistics. total of 131 visits to the Shannon Free Zone. A central goal for IDA Ireland is the achieve- 433. Mr. Morgan asked the Minister for ment of balanced regional development. The Enterprise, Trade and Employment the number national spatial strategy provides a framework for of workdays that were lost in 2005 and in each of the achievement of that goal through the prior- the previous five years, as a result of work related itisation of development and investment in the injuries; and if he will make a statement on the linked gateway of Limerick and Shannon and hub matter. [10724/06] locations of Ennis and Tralee to allow foreign Minister of State at the Department of direct investment needs to be met. In addition, Enterprise, Trade and Employment (Mr. North Tipperary is actively promoted by the IDA Killeen): I understand from the Central Statistics as part of an integrated mid-west region. For IDA Office that the figures for 2005 are currently purposes, the mid-west region consists of Coun- being compiled and not yet available. The table ties Clare, Limerick, North Tipperary and north below, which I will circulate, sets out the most Kerry. recent available information for each of the years IDA Ireland’s sectoral emphasis in the mid- 1998, 2002, 2003 and 2004. As for 1999 and 2000, west region is on attracting new knowledge-inten- I understand there are no comparable figures sive projects in information and communications available. As for 2001, no data were collected. technology, globally traded businesses, medical I should mention that the days lost data should technologies and life sciences. be interpreted with care as respondents may have Shannon International Airport is a key asset included “potential” days Persons in employment that enhances the attractiveness of the area for who suffered injury or illness by total number of FDI, and it continues to play a major role in the days lost.

Table 1 Persons in employment who suffered injury or illness by total number of days lost**

Q2 1998 Q1 2002 Q1 2003* Q1 2004*

In employment (000s) 1,494.5 1,745.5 1,772.0 1,835.9 Injury Total persons suffering injury (000s) 43.1 51.8 43.1 54.4 Rate per hundred 1.7 1.5 1.2 3.0 Days lost 769,200 857,300 610,400 782,909 1411 Questions— 21 March 2006. Written Answers 1412

[Mr. Killeen.]

Q2 1998 Q1 2002 Q1 2003* Q1 2004*

Illness Total persons suffering Illness (000s) 26.1 33.0 38.1 46.3 Rate per hundred 0.8 0.9 1.0 2.5 Days lost 397,300 583,700 675,700 591,904 Total incidence (000s) 69.2 84.8 81.2 100.7 Total days lost 1,166,500 1,441,000 1,286,100 1,374,813 *Figures relate to most recent injury only **Days lost data should be interpreted with care as respondents may have included ‘potential’ days lost

a percentage of employment was 5.5% of the 434. Mr. Morgan asked the Minister for total workforce. Enterprise, Trade and Employment the percent- age of employees employed in time limited con- Departmental Programmes. tract jobs in 2005 and in each of the previous 10 years. [10725/06] 436. Mr. McGuinness asked the Minister for Enterprise, Trade and Employment the cost to Minister of State at the Department of date of a project (details supplied); the methods Enterprise, Trade and Employment (Mr. used to determine the success or otherwise of the Killeen): The European Commission’s statistical project; the future plans for the project. publication, Employment in Europe 2005, [10738/06] includes the following information in respect of fixed-term contract workers in Ireland in the Minister for Enterprise, Trade and Employ- period 1993 to 2004. ment (Mr. Martin): The BASIS project was estab- Key Employment Indicators for Ireland in lished in the year 2000 as part of the Govern- respect of fixed-term contracts as a percentage of ment’s action plan for the development of the total employment. information society in Ireland. BASIS stands for business access to state information and services. Year % of Total Employment The BASIS project was concerned with encour- aging and facilitating the on-line provision of 1993 7.4 public services, in particular to the business 1994 8.1 community. 1995 8.3 The primary initiative undertaken by the BASIS project was the development of the 1996 7.2 BASIS website, www.basis.ie, which was 1997 6.9 developed to provide a single point of access to 1998 5.6 public sector information and services that are 1999 4.1 relevant to the business community. There was 2000 4.9 an average of 200,000 visits to the site in each of 2001 4.4 the last three years, with 2.25 million pages viewed. 2002 4.5 Other activities undertaken by the Basis pro- 2003 4.4 ject included the public services broker study 2004 3.7 which was commissioned by the BASIS project in 2001. This study examined the scope for delivering over the Internet public services to 435. Mr. Morgan asked the Minister for business. In addition, in 2001, the Basis project procured and managed a joint project that Enterprise, Trade and Employment the percent- defined a strategic framework for the manage- age of the workforce employed by temporary ment of content across the public sector. In work agencies in 2005 and in each of the previous addition, in 2002, as part of the development of five years. [10726/06] the public services broker, the BASIS project carried out a feasibility study for candidate e- Minister of State at the Department of government services on a number of services Enterprise, Trade and Employment (Mr. identified through the public services broker Killeen): Not all of the information requested by study. the Deputy is available. However, a European The BASIS project from its inception in 2000 Union sectoral study on the temporary agency to the end of 2005 cost \4.18 million and was workers sector in Ireland, prepared in June 2004 funded through the information society fund. The for the social dialogue unit of the European Com- BASIS project concluded at the end of 2005 with mission, estimated that agency work in Ireland as 1413 Questions— 21 March 2006. Written Answers 1414 the cessation of funding from the information ing times for processing cases through the indus- society. An internal review of the BASIS project, trial relations bodies, including the Labour Court. undertaken in 2005, concluded that the project had fully discharged its obligations under the Labour Inspectorate. Government’s information society action plan. 440. Mr. Morgan asked the Minister for In order to protect the investment made in a Enterprise, Trade and Employment the ratio of valuable resource to business, my Department labour inspectors to workforce in each of the past will continue to maintain and develop the BASIS ten years. [10861/06] website. The Department will undertake this year a comprehensive review of the BASIS website to Minister of State at the Department of ensure that the service it provides continues to Enterprise, Trade and Employment (Mr. meet the needs of the business community. Killeen): The ratio of the number of labour inspectors to the workforce in each of the past ten Work Permits. years is set out in the following tabular statement, 437. Mr. Hayes asked the Minister for which shows a marked improvement in the ratio Enterprise, Trade and Employment if he has of labour inspectors over the past ten years from reviewed a decision not to grant a work permit to one inspector for every 150,000 people at work in a person (details supplied) and if the appeal in 1996 to one for every 67,000 at work in 2005. This this case has been successful. [10857/06] took place against an increase of over 500,000 in the workforce in the same period. Minister for Enterprise, Trade and Employ- It should be noted that there is a wide range ment (Mr. Martin): The work permit section of of employment rights bodies and services. These my Department has informed me that an appli- include the Employment Appeals Tribunal, the cation for a work permit in respect of the above redundancy and insolvency sections of this individual was refused on 12 January 2006. The Department, the rights commissioner services employer was notified of this decision in writing provided by the Labour Relations Commission and of the right of appeal. To date no such appeal and the services provided by the Labour Court. has been received by the work permit section. The labour inspectorate is, itself, a unit within the employment rights compliance section, which also includes the employment rights information 438. Mr. Durkan asked the Minister for unit and a further separate unit that administers Enterprise, Trade and Employment the pro- the referral of cases for prosecution and legal cedure to be followed in order to obtain a work enforcement of orders. Between them, these var- permit in the case of a person (details supplied) ious services have a complement of staff in excess in County Kildare; and if he will make a state- of 150 people. ment on the matter. [10858/06] It is anticipated that the new round of social partnership talks will embrace consideration of Minister for Enterprise, Trade and Employ- the resourcing of the labour inspectorate and ment (Mr. Martin): Applications from employers options to enhance the effectiveness of our for work permits should be submitted along with employment rights compliance regime. the appropriate documentation and work permit fee. It is also necessary for the employer to regis- Number of labour inspectors as a ratio of numbers in work- ter the vacancy with FA´ S, in the first instance. force Full details for making work permit applications, Year Inspectors Workforce Ratio including copies of application forms, are avail- (m) able on the Departments web site at www.entem- p.ie or from the work permit call centre at the 1996 10 1.50 1:150,000 telephone number 1890 201616. 1997 10 1.64 1:164,000 1998 10 1.65 1:165,000 Industrial Relations. 1999 10 1.74 1:174,000 439. Mr. Morgan asked the Minister for 2000 17 1.78 1:104,700 Enterprise, Trade and Employment if, in the past 2001 17 1.83 1:107,650 12 months he has received representations from 2002 17 1.86 1:109,410 trade unions, employers bodies or any other party 2003 17 1.91 1:112,350 in respect of the waiting time for cases in the Labour Court. [10860/06] 2004 21 1.98 1:94,285 2005 31 2.07 1:66,775 Minister of State at the Department of Enterprise, Trade and Employment (Mr. Killeen): Since March 2005, I have received rep- Labour Court Staff. resentations on one occasion with regard to wait- 441. Mr. Morgan asked the Minister for 1415 Questions— 21 March 2006. Written Answers 1416

[Mr. Morgan.] may be referred to the rights commissioner Enterprise, Trade and Employment the number service of the Labour Relations Commission. of staff employed by the Labour Court in each of the past ten years. [10863/06] Inspections or visits and prosecution in respect of Organis- ation of Working Time Act 1997 Minister of State at the Department of Enterprise, Trade and Employment (Mr. Year Inspections-visits Prosecutions Killeen): In addition to the Chairman, two Deputy Chairmen, six ordinary members and the 2000 2,088 3 registrar of the Labour Court, the following table 2001 1,163 6 shows the numbers of administrative staff in the 2002 1,005 4 Labour Court in the years 1996 to 2005. 2003 1,193 0

Year Staff in Labour Court as at 31 2004 658 1 December 2005 753 0

2005 25 2004 25 Questions Nos. 443 to 446, inclusive, answered 2003 26 with Question No. 427. 2002 25 2001 23 Waste Management. 2000 24 447. Mr. McEntee asked the Minister for 1999 25 Enterprise, Trade and Employment if the Euro- 1998 27 pean Communities (Control of Major Accident 1997 25 Hazards Involving Dangerous Substances) Regu- 1996 24 lations will apply to the proposed incinerator at Carranstown, Duleek, County Meath; and if he will make a statement on the matter. [10964/06] It should be noted that staff numbers include 2 services officers and 2 clerical officers shared with Minister of State at the Department of the Labour Relations Commission. Enterprise, Trade and Employment (Mr. Killeen): The European Communities (Control of Labour Inspectorate. Major Accident Hazards Involving Dangerous 442. Mr. Morgan asked the Minister for Substances) Regulations 2006, SI 74 of 2006, Enterprise, Trade and Employment the number apply to establishments where the stock of of inspections which have been carried out by the dangerous substances held at the establishment Labour Inspectorate in respect of compliance or likely to be held at the establishment exceeds with the provisions of the Organisation of Work- specific threshold levels set out in the regulations. ing Time Act 1997 since its enactment; and the Under the regulations, operators of establish- number of prosecutions for failure to comply with ments are obliged to notify the Health and Safety its provisions during the same period. [10864/06] Authority if those threshold levels are likely to be exceeded, and to put in place the necessary Minister of State at the Department of measures in accordance with the regulations. Enterprise, Trade and Employment (Mr. As regards the specific case referred to in the Killeen): The number of workplace inspections or question, I am advised by the Health and Safety visits carried out by the labour inspectorate in Authority that representatives of the operator respect of compliance with the provisions of the have been in discussions with the authority on the Organisation of Working Time Act 1997 since question as to whether the regulations might 2000 and the number of prosecutions for failure apply to the operator, and information made to comply with its provisions for the same period available indicates that the regulations do not are set out in the following tabular statement. apply. I am also advised by the Health and Safety The labour inspectorate does not have statistical Authority that this is consistent with the situation information on inspections or prosecutions under prevailing in other EU member states for this the Organisation of Working Time Act 1997 prior type of establishment. to 2000. Records required to be kept by employers are Grant Payments. prescribed by SI 473 of 2001, Organisation of Working Time (Records) (Prescribed Form and 448. Mr. McGuinness asked the Minister for Exemptions) Regulations 2001. These records Social and Family Affairs the funding allocated must be retained for three years and must be to a group (details supplied) since its formation; made available for inspection by the labour the expected timeframe for fulfilling its mandate; inspectorate. Complaints in relation to breaches if it is on schedule; and if he will make a state- of the Organisation of Working Time Act 1997 ment on the matter. [10016/06] 1417 Questions— 21 March 2006. Written Answers 1418

Minister for Social and Family Affairs (Mr. 450. Mr. Ring asked the Minister for Social and Brennan): The Reach unit reports to my Depart- Family Affairs the reason a person (details ment and is a central piece of infrastructure for supplied) in County Mayo has not been approved e-government in Ireland. Funding for the project for unemployment assistance; and if an appeal was provided by the information society fund will be opened on their behalf. [10054/06] through a ring-fenced subhead in my Depart- ment’s Vote. 458. Mr. Ring asked the Minister for Social and Total expenditure on Reach to the end of 2005 Family Affairs the way in which his Department was just under \37 million and the estimate for came to the conclusion that a person (details 2006 is \11.5 million. A number of services have supplied) in County Mayo was not genuinely been developed by Reach, including the public seeking work when they provided letters as evi- service broker which is a system for providing dence to the contrary; the number of letters standardised access for services to customers and which were submitted by the claimant; and the between Departments for early automatic notifi- way in which his Department determine whether cation of births, deaths and marriages to a range or not this person is looking for work. [10358/06] of agencies, and for exchange of other infor- mation between Departments and secure identifi- Minister for Social and Family Affairs (Mr. cation and authentication services using my Brennan): I propose to take Questions Nos. 450 Department’s public service identity, PSI, system. and 458 together. The current phase of development of the pro- In making a decision on an unemployment pay- ject is due to conclude by April or May 2006, at ment claim, a deciding officer will take all rel- which stage the infrastructure will be in place for evant factors into account including the level of additional services to be made available via the job opportunities available and the person’s avail- public service broker. Discussions are taking ability for and his or her efforts to find work. The place in respect of the future structure and oper- onus is on the customer to prove to the satis- ation of the project. faction of the deciding officer that he or she satis- fies the conditions for receipt of payment, includ- Social Welfare Benefits. ing that he or she is genuinely seeking full-time work on a consistent and ongoing basis. 449. Mr. J. O’Keeffe asked the Minister for A deciding officer disallowed the unemploy- Social and Family Affairs the protections which ment assistance claim of the person concerned are in place for deckhands on fishing vessels from from 21 February 2006 on the grounds that he the point of view of social welfare payments for was not genuinely seeking employment. In reach- periods during which they are injured, ill or ing this decision, the deciding officer took into unemployed; and the social welfare pension account the two letters from employers submitted arrangements which are in place for them. by the person concerned. However, the deciding [10017/06] officer took the view that he had failed to produce sufficient evidence to show that he is Minister for Social and Family Affairs (Mr. seeking work from employers who are most likely Brennan): Where a deckhand is paid solely by to be in a position to offer employment. It is open reference to a share in the catch, they are con- to the person concerned to appeal this decision sidered to be insurable at the Class S rate of and a form for this purpose was issued to him on PRSI. This entitles them to the following benefits: 9 March 2006. widow’s or widower’s contributory pension, Under Social Welfare legislation decisions in orphan’s contributory allowance, old age con- respect of claims must be made by deciding tributory pension, maternity benefit, adoptive officers and appeals officers. These officers are benefit and bereavement grant. statutorily appointed and I have no role in regard Where a deckhand is paid a set wage, even to making such decisions. where it may be supplemented by reference to a share in the catch, the worker is generally con- 451. Ms Shortall asked the Minister for Social sidered to be an employee and covered for all and Family Affairs if the problem regarding the benefits and pensions at PRSI Class A. qualifying conditions for back to school clothing Self-employed deckhands may also pay the and footwear allowance will be addressed optional Class P contributions to secure entitle- whereby lone parents who take up employment ment for additional short-term benefits. The on a community employment scheme and receive additional contribution of 4% on all income income from both the community employment exceeding \2,500 per annum and, subject to a scheme and from the one-parent family payment minimum annual contribution of \200, entitles lose their entitlement to the back to school cloth- deckhands to limited short-term benefits such as ing and footwear allowance; and if he will make unemployment benefit for up to 13 weeks, dis- a statement on the matter. [10058/06] ability benefit for up to 52 weeks and treatment benefits. These special arrangements recognise Minister for Social and Family Affairs (Mr. the particular circumstances associated with Brennan): The back to school clothing and foot- working in the sea-fishing sector in Ireland. wear allowance scheme, BSCFA, is administered 1419 Questions— 21 March 2006. Written Answers 1420

[Mr. Brennan.] a lone parent who takes up a training or employ- on my behalf by the community welfare division ment opportunity will be financially better off of the Health Service Executive. Neither I nor having done so. For example, in 2006, partici- my Department has any function in relation to pants on certain employment or training courses, decisions on individual claims. such as a community employment scheme, will The back to school clothing and footwear have the first \60 per week of additional income allowance scheme provides a one-off payment to disregarded and will have half of any additional eligible families to assist with the extra costs when income between \60 per week and \90 per week their children start school each autumn. From also disregarded. In addition any PRSI and June 2006, an allowance of \120 is payable in reasonable travelling expenses are also dis- respect of qualified children aged from two to 11 regarded in the means test. These arrangements years, or \190 in respect of qualified children fully support the objective of assisting social wel- aged from 12 to 22 years. These rates were fare recipients, including lone parents, in pro- increased by \40 in budget 2006 from the pre- gressing into employment and becoming financi- vious rates of \80 and \150. Applications for ally independent in their own right. BSCFA may be made between the beginning of June and the end of September each year. 452. Mr. Penrose asked the Minister for Social Back to school clothing footwear allowances and Family Affairs the steps which are been are subject to a means test. They are not paid in taken by his Department to ensure that the cases where the household income exceeds the appropriate procedures are put in place, to relevant income limit, regardless of the source of enable persons who are subject to domestic viol- that income. A person may qualify for payment ence within their relationships, to escape there- of a BSCFA if they are in receipt of a social wel- from, and in particular the financial help and fare or Health Service Executive payment, are assistance which is given to such persons to participating in an approved employment scheme enable them secure accommodation either or attending a recognized education or training through a local authority or a voluntary housing course, and have household income at or below association; if he has satisfied himself with the certain specified levels. For example, in the case number of refuges available for victims of of a lone parent with one child, the income limit domestic violence; if additional moneys will be is \14.90 per week. provided to increase the number of such refuges; While community employment, CE, is one of and if he will make a statement on the matter. the qualifying schemes for the purposes of the [10250/06] BSCFA scheme, a person who has income both from one-parent family payment and community Minister for Social and Family Affairs (Mr. employment will not qualify on means grounds. Brennan): Responsibility for policy to combat However, a person in these circumstances is still violence against women rests with the Depart- significantly better off for having taken up a CE ment of Justice, Equality and Law Reform. The place. For example, a lone parent with one child national steering committee on violence against is \182 per week better off on taking up a CE women is chaired by my colleague the Minister place, equivalent to \9,464 per annum, while a of State at the Department of Justice, Equality lone parent with two children is \191.30 per week and Law Reform, Deputy Frank Fahey, and better off, equivalent to more than \9,947 per includes representatives from the Departments of annum. I recognise that child care expenses, Health and Children, the Environment, Heritage where these are incurred, could reduce that net and Local Government, Education and Science benefit. and Community, Rural and Gaeltacht Affairs. Social welfare programmes aim to be respon- The provision of local authority and voluntary sive to the needs of those who depend on income housing and refuges for victims of domestic viol- maintenance support while providing incentives ence is a matter for my colleague the Minister for to assist people to become more independent fin- the Environment, Heritage and Local Govern- ancially, particularly through employment. In this ment. Although my Department does not have regard, a number of positive measures have been direct responsibility in combating domestic viol- introduced in recent years to assist in the tran- ence, it does, through the Family Support sition from welfare to work. These include special Agency, have a number of schemes in place to means disregards, tapered withdrawal of benefits support families generally. as earnings increase, and employment support The Family Support Agency administers the schemes such as the back to work programme. scheme of grants to voluntary organisations pro- In January 2006, I provided for an improve- viding marriage, child and bereavement coun- ment in the standard means test for BSCFA by selling and related services. It is also responsible increasing the income limits by \50. This is in for the direct provision of the national Family addition to the budgetary increases on the Mediation Service, which is a free, professional primary social welfare rates. In budget 2006, I and confidential service for couples who have also improved the standard assessment rules gov- decided to separate and want to negotiate the erning the rent supplement scheme to ensure that terms of their separation. 1421 Questions— 21 March 2006. Written Answers 1422

The agency is also responsible for the support change in attitudes in relation to longer working and development of the network of family from both employers and employees themselves. resource centres, FRCs, around the country. The Employers should, where appropriate, seek to aim of the family and community services retain older employees and create the conditions resource centre programme is to combat disad- which will make longer working both attractive vantage and improve the function of the family and feasible for older workers. unit. The emphasis in the projects is on the involvement of local communities in developing Social Welfare Benefits. approaches to tackle the problems faced in those communities and on creating successful partner- 454. Mr. Wall asked the Minister for Social and ships between the voluntary and statutory agen- Family Affairs the position regarding an appli- cies in the area concerned. Family resource cation for interest mortgage relief for a person centres involve people from marginalised groups (details supplied) in County Kildare; and if he and areas of disadvantage at all levels in the will make a statement on the matter. [10332/06] project. Under the family and community services Minister for Social and Family Affairs (Mr. resource centre programme, funding is given to a Brennan): The supplementary welfare allowance number of specialist support agencies to provide scheme is administered on my behalf by the com- support and information to individual family munity welfare division of the Health Service resource centres on a number of issues. One such Executive. Neither I nor my Department has any support agency funded under the programme is function in relation to decisions on individual Women’s Aid. In 2005, Women’s Aid was claims. awarded \93,800 to provide support and infor- A mortgage interest supplement provides mation to FRCs on women’s issues and in part- short-term income support to eligible people who icular in respect of women and their children who are unable to meet their mortgage interest repay- are being physically, emotionally and sexually ments in respect of a house which is their sole abused in their own homes. place of residence. The executive advised that the persons concerned applied for a mortgage Employment Support Services. interest supplement but were refused as the 453. Mr. Connolly asked the Minister for Social household income was sufficient to meet their and Family Affairs the incentive he plans to put interest costs. in place to encourage workers over 65 to remain The executive further advised that a special in the workplace; and if he will make a statement supplement was paid for an agreed period of on the matter. [10321/06] time; from May 2005 to December 2005 as in its opinion the circumstances of the case warranted Minister for Social and Family Affairs (Mr. a payment. In January 2006, the executive Brennan): An increase in workforce participation requested documentation from the persons con- of older people is one of the more important cerned so that it could reassess their continued means of ensuring the sustainability of pensions entitlement to this supplement but as the infor- systems in the future and has been recognised as mation sought has not been received to date, pay- such internationally. ment of this supplement was discontinued. It is important that we encourage and facilitate people who would like to continue to work Security of the Elderly. beyond normal retirement age. The Government 455. Mr. Stanton asked the Minister for Social is already committed to removing the retirement condition associated with the retirement pension and Family Affairs the amount saved by the oper- so that people will not have to leave work before ation of the means test for the carer’s allowance qualifying for a pension. In budget 2006, I in the most recent complete year for which data announced the introduction of \100 weekly earn- is available; the percentages of that amount that ings disregard for recipients of non-contributory are attributable to the carer’s own income from pensions which hopefully will encourage older earnings and self-employment, the carer’s own people to work. The Pensions Board in its income from other sources, the carer’s own national pensions review has recommended investments, the means of the person’s spouse allowing people to defer claiming the State con- and other item of means; and if he will make a tributory pension and in return to receive a statement on the matter. [10343/06] higher pension when they decide to claim. I am examining how and at what stage it might be Minister for Social and Family Affairs (Mr. practical to introduce arrangements on these Brennan): The carer’s allowance is a social assist- lines. ance payment which provides income support to However, issues surrounding social welfare people who are providing certain older people or payments represent, in my view, only one aspect people with a disability with full time care and of the problem. As I indicated at the publication attention and whose incomes fall below a certain of the national pensions review, we require a limit. 1423 Questions— 21 March 2006. Written Answers 1424

[Mr. Brennan.] the time of application; the proportion of carer’s In line with other social assistance schemes, a aged under 40 years, under 55 years and under 60 means test is applied to the carer’s allowance so years when they first apply; and if he will make a as to ensure that limited resources are directed to statement on the matter. [10345/06] those in greatest need. This means test has been eased significantly over the years, most notably 472. Mr. Stanton asked the Minister for Social with the introduction of disregards of spouses’ and Family Affairs the percentage of carers earnings. claims that ceased in the most recent complete Following budget 2006, from April 2006, a year due to the death of the person being cared \ couple with two children can earn up to 32,925 for, the admission of that person to an institution, per annum and still receive the maximum rate of a change of residence of that person, a recovery carer’s allowance. The same couple will be able in the ability of person being cared for, the carers \ to earn up to 54,400 and receive the minimum own death, the carers incapacity, the carer ceas- rate of carer’s allowance as well as the free travel, ing to act as with another person applying to the household benefits package and the respite become carer, an increase in the carers assessable care grant. means, and all other reasons. [10718/06] The precise information requested by the Deputy is not readily available. However the fol- Minister for Social and Family Affairs (Mr. lowing may be of assistance. The cost of the abol- \ Brennan): I propose to take Questions Nos. 456, ition of the means test is estimated at 140 million 457 and 472 together. in a full year. It is debatable whether such a pro- Support for carers has been a priority of posal could be considered to be the best use of Government since 1997. Payments to carers have resources. The view of some support organis- been greatly improved over that period and quali- ations is that if this kind of money were available, fying conditions for carers allowance have been it would be more beneficial to carers if it were significantly eased, coverage of the scheme has invested in the type of community care services been extended and new schemes such as carers which would support them in their caring role, such as additional respite care facilities, more benefit and the respite care payment have been home helps, public health nurses and other such introduced. The further development of support services. for carers continues to be a priority for me and Of the current payments of carer’s allowance, for the Government. As of the week ending 10 91% are at the maximum rate and 9% at reduced March 2006, there are now 25,361 persons in rates. The rate of refusal for the allowance is 22% receipt of carer’s allowance. The information of all applications that were received in 2005. requested by the Deputy has been prepared in The reasons for refusal of the allowance are as tabular format as follows: follows and relate to 2005: Entitlement to carer’s allowance or benefit ceased in 2005 Carer’s Allowance — Reasons for Refusal No % Gone to work* 113 Full-time care not required 966 49 From Carer’s Benefit to Carer’s Allowance 165 Means exceeded the statutory limit 199 10 To Widows Contributory Pension 277 Full-time care not being provided 193 10 To Widows Non-contributory Pension 11 Carer working for more than 10 hours per To Retirement Pension 30 week 106 5 To Old Age Pension Non Con Pension 74 Habitual residence condition not satisfied 58 3 To Old Age Contributory Pension 25 Other miscellaneous reasons 453 23 To One Parent Family Payment 50 Total refused in 2005 1,975 100 To Disability Allowance 18 To Invalidity Pension 2 To Disability Benefit 209 456. Mr. Stanton asked the Minister for Social To Maternity Benefit 12 and Family Affairs the proportions of carer’s who are known to have resumed employment or trans- To FIS (Family income Supplement) 18 ferred to another social welfare payment within To BTWA (Back to Work Allowance) 4 three months of when their entitlement to carer’s To Unemployment Assistance 308 benefit or allowance ceased in the most recent 12 To Unemployment Benefit 98 months for which data is readily available; and if To Back to Education Allowance 18 he will make a statement on the matter. [10344/06] Total 1,432 The figure marked with an asterisk refers to carer’s allowance 457. Mr. Stanton asked the Minister for Social claims only. and Family Affairs the average age of carer’s at 1425 Questions— 21 March 2006. Written Answers 1426

Age groups of carers at time of application in 2005

Age Group Carer’s % of total CA Carer’s Benefit % of total CB Total % of total Allowance received (CB) received received (CA) under 40 years 2,503 32 691 37 3,194 33 40-54 years 3138 40 854 46 3992 41 55 to 59 years 876 11 164 9 1,040 11 over 60 years 1,345 17 142 8 1,487 15

Total 7,862 1,851 9,713

Termination reasons for carer’s allowance and carer’s benefit in 2005

Carer’s % of total CA Carer’s Benefit % of total CB Allowance (CA) terminated terminated

Death of care recipient 1,381 55 179 30 Recovery of care recipient 3 0.12 Death of carer 27 1.1 2 0.3 Increase in means 49 1.9 Withdrawn by carer 93 3.7 Full time care no longer provided* 572 22.7 5 0.8 Gone to work** 113 4.5 Transfer to other pension 118 4.7 Other 161 6.4 Carer’s Benefit exhausted 413 69

Total terminations 2,517 599 * The figures for ’Full time care no longer provided’ include figures for cases where the care recipient has been admitted to hospital/full time nursing care, care no longer being provided due to the incapacity of the carer and cases where another carer is now providing the care ** Gone to work figures available for Carer’s Allowance only. Figure for Carer’s Benefit exhausted would also include cases where the carer has returned to work.

The figures for “full time care no longer pro- were recruited prior to 6 April 1995. Historically, vided” include figures for cases where the care most public servants did not pay full social recipient has been admitted to hospital or full insurance cover as their occupational pension time nursing care, care no longer being provided arrangements were different to people outside due to the incapacity of the carer and cases where the Civil Service and public service. Public ser- another carer is now providing the care vants employed after April 1995, however, pay The gone to work figures available for carer’s full rate insurance contributions and their occu- allowance only. The figure for carer’s benefit pational pension arrangements have been exhausted also includes cases where the carer has adjusted to reflect this. returned to work. The basic qualifying conditions for contribu- tory pensions have been eased considerably, in Question No. 458 answered with Question recent years, pensions based on pre-1953 No. 450. insurance have been introduced, and arrange- ments made to ensure that people with a mixture Pension Provisions. of insurance at full and modified rates may qual- 459. Mr. S. Ryan asked the Minister for Social ify for pro-rata pensions based on the percentage and Family Affairs his proposals to modify the of full rate contributions in their overall insurance pay-related social insurance system to enable record. Measures such as these can only be class D contributions to be taken into account for implemented in a context where people achieve a reduced old age pension. [10400/06] a minimum standard of contributions, both in terms of the number and type of contributions Minister for Social and Family Affairs (Mr. paid. Brennan): PRSI Class D, provides social Some 133,000 people are insured in the three insurance coverage for permanent and pension- main modified insurance classes. In addition, able employees in the public and civil service who there are some 88,000 public service pensioners, 1427 Questions— 21 March 2006. Written Answers 1428

[Mr. Brennan.] authorised individuals could access personal data. in addition to those from the semi-State sector, This is particularly important in the context of all who were modified rate contributors during their such data being accessible through a single mech- working lives. Accordingly, proposals to allow anism and is required by law, such as, the Data Class D contributors to qualify for a state pension Protection Act, and, more importantly, is also would have very costly and long-running impli- dictated by customer service considerations. cations for the social welfare pension system. My Department is involved with the cross- There are no plans at present for further easing departmental standard authentication framework of the pension entitlement conditions. environment, SAFE, programme which is addressing issues such as identity and security of Departmental Programmes. access to public service systems. An early output from this programme will be the issue of a public 460. Mr. Ring asked the Minister for Social and service card commencing in 2007. Family Affairs his plans to introduce an on-line Implementation of the SAFE programme will ready-reckoner in order that people would know allow for secure registration and subsequent their entitlements at the press of a button by key- authentication of the people involved and is con- ing in their PPS numbers plus a security code key sidered to be a prerequisite for on-line access to such as their mother’s maiden name or date of personal data. The Reach agency was set up to birth for example; if such a proposal has been provide a public service broker, PSB, for use by examined by his Department; if so, if it has been all public service agencies and their customers, costed; and if he will make a statement on the rather than providing dedicated access mechan- matter. [10493/06] isms for each agency. The first phase of development, which is now Minister for Social and Family Affairs (Mr. complete, uses services based on the individual’s Brennan): My Department has an ongoing prog- public services identity, PSI, to provide a level of ramme to develop information and communi- registration or authentication facilities for cations technology, ICT, systems to support deliv- customers. The PSB provides facilities for its ery of a first class service to customers. The users to interact with public service agencies current development programme is an early step through a consistent mechanism and will also towards achieving, inter alia, a comprehensive provide common services such as data validation, system which would provide full advice to payment services and documents of record. customers on all entitlements. My Department is developing the technical It will take some years, however, for the infrastructure required to interact with the PSB. Department to be in a position to provide a The SDM programme will provide the basis for service as outlined by the Deputy. A range of the business services to be made available. supporting elements would have to be developed Further work will be required to develop these in before the type of systems described could be a manner that meets emerging industry and cross- designed. agency standards. My Department has been engaged, since mid- In summary, there is no dedicated interactive 2000, in the development and implementation of system in development to provide full and com- its service delivery modernisation, SDM, prog- prehensive advice to individuals although each of ramme. SDM is a multi-annual programme of the components of such a system is undergoing work involving the introduction of new tech- major development. It will be some years before nology and the replacement of legacy computer all are sufficiently complete to contribute to an systems. overall solution, should it be decided to go in that It comprises business, organisation and techni- direction. In any such system, great care and cal streams and is designed to be implemented in expertise would be needed to ensure that the self contained and separately procured phases. benefit to an individual would outweigh the sig- The work involved includes the redesign of back nificant overhead which would be involved. office systems, business processes, procedures and work practices and the introduction of new organisational structures. The ICT systems put in Grant Payments. place for this programme will provide a compre- 461. Mr. Kehoe asked the Minister for Social hensive and consistent approach to the treatment and Family Affairs if his Department fund a of the various scheme rules which exist. This group (details supplied) in County Wexford; if so, would be a prerequisite for the kind of system the amount of funding received; the person who envisaged. is responsible for this group/organisation; and if A second consideration regarding the provision he will make a statement on the matter. of an interactive service to customers is the issue [10550/06] of security. If a system existed which was able to determine all entitlements for an individual, it Minister for Social and Family Affairs (Mr. would also need to ensure that only properly Brennan): The group in question aids and assists 1429 Questions— 21 March 2006. Written Answers 1430 families and individuals who have experienced ability allowance on 3 November 2005. The prin- suicide by a loved one, by way of counselling and cipal conditions for receipt of disability allowance bereavement support on an individual and a are that the medical eligibility criteria are met group basis. and that the means test which applies is satisfied. The group first applied for funding to the While he satisfied the medical criteria for award Family Support Agency in 2005. The agency of disability allowance the means of the person administers the scheme of grants to voluntary concerned which were derived from a private organisations providing marriage counselling pension and spouse’s employment, were in excess services, marriage preparation courses, child of the statutory limit. Accordingly, his claim was counselling services in respect of parental separ- refused on 8 March 2006. He was advised of his ation and bereavement counselling and support right of appeal to the independent Social welfare services on the death of a family member. appeals office. The group applied for \1,500 for the provision Social welfare legislation decisions in relation of bereavement support and received a grant of to claims must be made by deciding officers and \900 for this purpose. Overall, a total of \8.407 appeals officers. These officers are statutorily million was allocated in 2005 and some 547 organ- appointed and I have no role in regard to making isations benefited from the scheme. such decisions. Additionally such officers must A total of \9.008 million has been made avail- make decisions in all circumstances in accordance able under the scheme this year. The scheme was with the legislation that applies. advertised in the national and provincial papers week commencing 23 January. The closing date Family Support Services. for receipt of applications was Friday, 24 464. Mr. Stanton asked the Minister for Social February 2006. Some 540 applications have been and Family Affairs the discussions he has had or received and are currently being processed. intends to have with the Minister for Education The group in question has not made an appli- and Science on the issue of young carers and the cation for funding under the 2006 grants scheme. problems they are faced with; the outcome of such discussions; the action he intends to take to Social Welfare Benefits. provide support and assistance to young carers; 462. Mr. Allen asked the Minister for Social and if he will make a statement on the matter. and Family Affairs the reason a person (details [10618/06] supplied) in County Cork, has been kept waiting for almost four weeks for a decision on their 465. Mr. Stanton asked the Minister for Social application for a supplementary welfare allow- and Family Affairs the discussions he has had or ance towards their rent and is facing eviction due intends to have with the Department of Health to their failure to meet their rent demands. and Children on the issue of young carers and the [10564/06] problems they are faced with; the outcome of such discussions; the action he intends to take to Minister for Social and Family Affairs (Mr. provide support and assistance to young carers; Brennan): The supplementary welfare allowance and if he will make a statement on the matter. scheme, which includes rent supplement, is [10620/06] administered on my behalf by the community welfare division of the Health Service Executive. Minister for Social and Family Affairs (Mr. Neither I nor my Department has any function in Brennan): I propose to take Questions Nos. 464 respect of decisions on individual claims. and 465 together. The executive has advised that it received an With regard to younger carers, I recognise that application for rent supplement from the person special help, advice and support is essential for concerned on 1 March 2006. It has further young carers who are often caring for a parent advised that it is awaiting the outcome of the and in particular, that services must be put in local authority’s assessment of housing need for place to support the household and to ensure that the person concerned before it will be in a posi- young carers remain at school. These include the tion to determine whether or not a rent sup- services of home helps, public health nurses and plement is payable in this case. home care packages generally, which are a matter for my colleague, the Ta´naiste and Minister for 463. Mr. Gregory asked the Minister for Social Health and Children. In budget 2006, the and Family Affairs the reason a person (details Ta´naiste announced a \150 million package in supplied) in Dublin 9 was refused disability allow- funding for 2006-07 for home support packages ance; and if he will review the application in view and other community-based services. of the exceptional circumstances. [10591/06] Supports for carers from my own Department include the carer’s allowance, which provides Minister for Social and Family Affairs (Mr. income support to people who are providing cer- Brennan): The person concerned applied for dis- tain older people or people with a disability with 1431 Questions— 21 March 2006. Written Answers 1432

[Mr. Brennan.] ments of being available for and genuinely seek- full time care and attention and whose incomes ing employment. fall below a certain limit. Carer’s allowance is Some 600 of my Department’s staff at local, payable from age 18. regional and national level are engaged on a full The respite care grant, also administered by my or part-time basis on work related to the control Department, is an annual payment for carers who of fraud and abuse of the social welfare system. look after certain people in need of full-time care About half of these work full time on control and attention. The payment is made regardless of work, while the other half are responsible for rou- the carer’s means but is subject to certain con- tine investigations under the various schemes and ditions. The respite care grant is payable from age for following up cases of suspected fraud where 16. The value of the grant is \1,200 at June 2006. these are discovered. It is estimated that some The long-term care working group was estab- 60% of the work of general inspectors is on con- lished by the Ta´naiste and the Minister for Health trol activity, including claim reviews. The remain- and Children and by me in January 2005 to iden- ing 40% would be devoted to new claim activity tify the policy options for a financially sustainable — this can also be regarded as within the broad system of long-term care. The report of the work- framework of control. ing group is being considered by the A special investigation unit, comprising about Government. 80 staff spread throughout the country is involved in work which is specifically related to the investi- Social Welfare Fraud. gation of employers and employees where fraud and abuse is suspected. These officers, some of 466. Mr. Stanton asked the Minister for Social whom work jointly with inspectors from the and Family Affairs the cost of his Department’s Revenue Commissioners, carry out inspections of investigation into welfare fraud in 2004 and 2005; employers in relation to their PRSI obligations as the number of staff involved in the investigation; well as investigating cases where fraud or abuses the number of hours these staff spent investigat- of the schemes are suspected. ing cases and the cost of same in 2004 and 2005; Some 312,000 and 324,000 reviews of entitle- the number of people investigated and the ments were carried out by my Department’s staff number of people prosecuted; the total amount in 2004 and 2005 respectively. In that period the recouped by his Department from successful records of some 12,300 employers were inspected prosecutions; the expected cost to his Depart- to ensure compliance with the Department’s ment of investigations into social welfare fraud regulations and, in particular, to prevent and in 2006; and if he will make a statement on the detect abuses of the system. In the years 2004 and matter. [10621/06] 2005, control savings of \386 million and \406 million respectively were achieved. In so far as Minister for Social and Family Affairs (Mr. costs are concerned the estimated salary costs in Brennan): The detection of fraud and abuse of 2004 was in the region of \20.4 million and an the social welfare system is an integral part of the additional \1.25 million was spent on travel, sub- day to day work of my Department. In this regard sistence and overtime. The corresponding figures all staff engaged in claims processing are con- for 2005 are estimated at \21 million and \1.2 cerned with preventing and detecting fraud and million respectively. abuse. Some 284 and 271 cases were finalised in the Controls are exercised at both the initial claim courts in 2004 and 2005 respectively. A total of stage and at subsequent stages during the claim 291 individuals were fined, 160 in 2004 and 131 in \ life-cycle. Claims are reviewed on a regular and 2005. Fines totalling 140,819 were imposed by targeted basis. However, the frequency with the courts in respect of these cases. Recoveries \ which reviews are carried out varies depending on overpayments amounted to 19.7 million in \ on the payment scheme and the individuals per- 2004 and 20.2 million in 2005, however statistics sonal circumstances. are not maintained in such as manner that they can be attributed to specific cases or individuals. For example means tested payments are reviewed at certain intervals or when there are I am committed to ensuring that social welfare indications that changes in circumstances have payments are available to those who are entitled to them and that they are delivered in an effective not been reported to the Department. Those in and efficient way. I am also determined to ensure receipt of illness payments are called for a medi- that abuse of the system is prevented and is dealt cal examination by the Department’s medical with effectively when detected and I will take assessors, at a frequency related to their illness or whatever steps are necessary to achieve this. incapacity or at a time recommended by a medi- cal assessor. Customers in receipt of unemployment pay- Social Welfare Code. ments are also checked on an ongoing basis to 467. Mr. Stanton asked the Minister for Social verify continued compliance with the require- and Family Affairs the breakdown of the poverty 1433 Questions— 21 March 2006. Written Answers 1434 rates for each county here; the number of chil- more higher paid jobs in urban regions and cur- dren who are at risk of poverty or living in con- rently to a younger working population. The dif- sistent poverty for same; and if he will make a fering levels of house prices between regions are statement on the matter. [10622/06] another indicator of these phenomena. The differences in the incidence of poverty Minister for Social and Family Affairs (Mr. between regional and local areas highlights the Brennan): The main data on poverty levels in need for a more regional and local focus in the Ireland are derived from the annual EU survey context of the national action plan against pov- on income and living conditions, EU-SILC. erty and social exclusion. This focus should result Results for the second year of the survey, 2004, in a more effective use of resources and better were published by the Central Statistics Office, outcomes overall. I welcome the fact that social CSO, on 12 December 2005. The survey results inclusion plans have already been developed by do not break down poverty rates by county, as some local authorities, with more in the process the survey sample size is too small. The survey of being developed. The local development social does, however, provide a regional breakdown, by inclusion programme is another important Border, midlands and western region and by element in the development of this approach. southern and eastern region, as defined in the Building on the progress already made in this nomenclature of territorial units, NUTS 2, clas- regard, it is my intention that a strong regional sification used by EUROSTAT. The results, and local focus will be a major feature of the next broken down by gender and by age group, are national action plan for 2006 to 2008 due for issue provided in the following table 1. in September next. When EU-SILC results for 2005 are available the CSO will be examining the possibility of pro- Table 1 — 2004 “At risk of Poverty” and consistent poverty rates by region (%) viding a further breakdown of the data by each of the eight regional authorities established under “At risk of poverty” Consistent Poverty local government legislation. This breakdown would correspond to the EUROSTAT NUTS 3 BMW S&E BMW S&E classification. Region Region Region Region The report, Mapping Poverty: National, Regional and County Patterns, published last Total 26.1 17.2 8.6 6.2 year by the Combat Poverty Agency, does Male 24.4 15.8 8.2 5.5 provide some data by local authority area. Female 27.8 18.5 8.9 6.9 The report states that sampling factors limit the 0-14 yrs 28.0 19.1 12.0 8.8 extent to which the data can be reliably broken 15-64 yrs 24.3 15.4 8.5 5.9 down by county and concludes that, while it + might be possible to do this, “it would not be 65 yrs 31.3 25.2 * 3.1 sensible to do so because of the wide margin of error associated with the figures”. The break- The source of this data was the CSO 2005. The down of poverty data by local authority area is figure marked with a “–” was based on 60% provided in the following table 2. This data is not median income after social transfers. The figure fully comparable with the data provided under given as an asterisk had a sample occurrence the EU-SILC survey because of survey differ- which was too small for estimation. ences relating to such issues as how income and Table 2 — Poverty data for local authority areas — disparities consistent poverty are measured. in income poverty risk and modified consistent poverty An analysis of the Combat Poverty Agency report shows disparities in the incidence of pov- “At risk of poverty” erty risk by local authority area, with the highest incidence being recorded in the Border and west- Local Authority Area Modified Poverty ern regions. Exploring the reasons for such spatial Consistent disparity disparity variations, the report found little evidence of a causal relationship between poverty and location %% per se. It found rather that the main factors determining poverty relate to the socio-economic Cavan 1.3 1.2 composition of households, which in turn were Donegal 1.6 1.9 influenced by structural factors such as lack of Leitrim 1.4 1.5 education, low-paid work, unemployment or non- Louth 1.1 1.2 participation in the labour force. Monaghan 1.0 0.9 The higher percentage levels of poverty in cer- Sligo 1.1 1.3 tain regions are also in part explained by the lower proportions of those who are well off in Laois 1.0 1.1 those regions, compared to other mainly urban Longford 1.4 1.5 regions. This is due mainly to the availability of Offaly 1.2 1.1 1435 Questions— 21 March 2006. Written Answers 1436

[Mr. Brennan.] tage and Local Government. Under his depart- “At risk of poverty” ment’s rural water programme, grants are available through the county councils for the Local Authority Area Modified Poverty upgrading and improvement of a quality deficient Consistent disparity private group water scheme supply or the disparity improvement of a private individual supply in %% cases where an alternative public or group Westmeath 1.1 1.1 scheme supply is not readily available. Under the terms of the supplementary welfare Galway City 0.7 0.7 allowance scheme, which is administered on my Galway County 1.2 1.0 behalf by the community welfare division of the Mayo 1.4 1.5 Health Service Executive, an exceptional needs Roscommon 1.1 1.1 payment may be made to help meet an essential, Dublin City Council 1.0 1.0 once-off cost which the applicant is unable to Dublin Fingal 0.5 0.5 meet out of his or her own resources. There is no automatic entitlement to this payment. Each Dublin South 0.6 0.6 application is determined by the executive based D’Laoghaire/R’down 0.5 0.4 on the particular circumstances of the case. Kildare 0.7 0.7 Exceptional needs payments are subject to a Meath 0.8 0.8 means test. Eligible people would normally be in Wicklow 1.0 1.0 receipt of a social welfare or Health Service Clare 1.1 1.2 Executive payment. A person whose water supply is contaminated Limerick City 1.3 1.5 should contact his or her local authority in the Limerick County 1.1 1.0 first instance with a view to having the cause of Tipp. N. Riding 0.9 1.1 the problem addressed. If a person has an excep- Carlow 1.2 1.3 tional income need due to the contamination of Kilkenny 0.9 0.8 their domestic water supply, he or she should Tipp. S. Riding 1.2 1.2 contact their local community welfare office if they wish to apply for assistance under the sup- Waterford City 1.1 1.3 plementary welfare allowance scheme Waterford County 1.1 1.0 Wexford 1.2 1.0 Social Welfare Benefits. Cork City 1.3 1.3 469. Mr. McGuinness asked the Minister for Cork County 0.9 0.9 Social and Family Affairs if rent allowance or a Kerry 1.3 1.3 deposit will be approved in the case of a person (details supplied) in County Kilkenny who has The data in this table is extracted from tables 4.3 been sleeping on the streets for over a month; and 4.4 of the Combat Poverty Agency, CPA, and if some form of financial assistance will be report, Mapping Poverty: National, Regional and granted in the person’s case. [10647/06] County Patterns, whose data source is the Irish National Survey of Housing Quality 2001 to 2002. Minister for Social and Family Affairs (Mr. It should be noted that as the measures of “at risk Brennan): The supplementary welfare allowance of poverty” and consistent poverty used in the scheme which is administered on my behalf by CPA report are not the same as the equivalent the community welfare staff of the Health Service measures used in EU-SILC reporting, and in Executive is one of a number of social assistance order to avoid confusion between the two, the fig- schemes which, with effect from 1 May 2004, is ures for each local authority in the table are subject to a habitual residence condition. The presented in terms of ratios of the national aver- effect of the condition is that a person whose age figure for these measures. habitual residence or centre of interest is deemed to be other than in this State or the common Grant Payments. travel area has no entitlement to certain social welfare payments, including supplementary wel- 468. Mr. Ring asked the Minister for Social and fare allowance. Family Affairs if the community welfare officers The question of what is a person’s habitual resi- will be instructed to give people on low incomes dence for social welfare purposes is decided in financial assistance towards the purchase of water accordance with European Court of Justice case when their domestic water supplies are contami- law. The condition is not determined on the basis nated; and if he will make a statement on the of citizenship, nationality, immigration status or matter. [10642/06] any other extraneous factors. The Health Service Executive was contacted Minister for Social and Family Affairs (Mr. regarding this case and has advised that the per- Brennan): Water supply is a matter for my col- son concerned was refused a rent supplement on league, the Minister for the Environment, Heri- 1437 Questions— 21 March 2006. Written Answers 1438 the grounds that he did not satisfy the habitual general. However, there can be delays at times residency condition and accordingly payment of when the service is particularly busy, for example, a rent deposit was not considered. However, after budget announcements and in the run-up to given his particular situation a once-off excep- Christmas and similar times of high pressure. tional needs payment of \256 was paid by the The position regarding phone response is kept executive to the person concerned to assist with under ongoing review and as part of the extension arrears of his hostel payments. If the person in of the Department’s service delivery modernis- question is not satisfied with the decision to ref- ation, SDM, programme later this year, further use his claim for rent supplement it is open to him improvements to the telephone service are to appeal this decision to the designated appeals planned. An additional lo-call number and officer within the Health Service Executive. additional telephone answering staff will be pro- vided for the retirement and old age contributory Social Insurance. pension sections, and a team of back-up phone answering staff will be available to provide sup- 470. Mr. G. Mitchell asked the Minister for port when call volumes are very high. The tele- Social and Family Affairs the reason a person phone service will continue to be kept under (details supplied) in Dublin 6W is paying review and appropriate improvements will con- PRSI. [10696/06] tinue to be made as circumstances permit.

Minister for Social and Family Affairs (Mr. Question No. 472 answered with Question Brennan): The person concerned retired from the No. 456. ESB in March 2004 and is in receipt of an occu- pational pension from the company since that Pension Provisions. date. No PRSI is payable on the person’s occu- pational pension. The pension income is liable to 473. Mr. Bruton asked the Minister for Social deduction of the 2% health levy, class K, pro- and Family Affairs if his attention has been vided income exceeds the levy threshold of \440 drawn to the large number of women who have per week. This liability will cease when the per- been disqualified from pension entitlement due son reaches the age of 70. to the years spent when they dropped out of work to be a home-carer; his proposals to extend con- Departmental Staff. cessions to such persons in terms of additional weight on their earned stamps or through other 471. Mr. Stanton asked the Minister for Social methods; and if he will make a statement on the and Family Affairs the number of people who matter. [10839/06] work on the lo-call number for information regarding pensions in his Department; if the staff Minister for Social and Family Affairs (Mr. have targets regarding the time it takes to deal Brennan): The social welfare pension rights of with the public who ring the helpline; if his atten- those who take time out of the workforce for car- tion has been drawn to the fact that many elderly ing duties are protected by the home-makers people wait inordinate lengths of time to get scheme which was introduced from 1994. From through to the information officers; the steps he this the scheme allows up to 20 years spent caring intends to take to improve this customer service; for children or incapacitated adults to be dis- and if he will make a statement on the matter. regarded when a person’s social insurance record [10716/06] is being averaged for pension purposes. However, the scheme will not of itself qualify a person for Minister for Social and Family Affairs (Mr. a pension. The standard qualifying conditions, Brennan): In dealing with telephone inquires, the which require a person to enter insurance ten aim of my Department is to ensure that all inquir- years before pension age, have a minimum of 260 ies made to any of the Department’s lo-call paid contributions and achieve a yearly average numbers are answered quickly, competently, of at least ten contributions on his or her record courteously and with due regard to the needs of from the time he or she enters insurance until he the callers. The pensions services office in Sligo or she reaches pension age, must also be satisfied. administers a number of schemes, including old As the Deputy will be aware, the social welfare age contributory and non-contributory pension system comprises two types of pension: contribu- and retirement pension, and there is a specific lo- tory pensions based on social insurance contri- call number which may be used to make inquiries butions and non-contributory pensions, payment about any of the schemes administered from this of which are subject to a means test. Within that office. basic structure, the Government is anxious to There is currently a total of 16 staff assigned to ensure that as many people as possible can qual- the dedicated phone banks in the office to deal ify for pensions in their own right. with inquiries made via the lo-call number. There A number of measures have been introduced is a target in place which stipulates that calls over the years which make it easier for people to should be answered within 30 seconds. Available qualify for contributory pensions. These include statistics indicate that these targets are met in the reduction in the yearly average number of 1439 Questions— 21 March 2006. Written Answers 1440

[Mr. Brennan.] supplied) in County Kildare; and if he will make contributions required for pension purposes from a statement on the matter. [10876/06] 20 to ten and the introduction of special half-rate pensions based on pre-1953 insurance contri- Minister for Social and Family Affairs (Mr. butions. Pro rata pensions are also available to Brennan): The supplementary welfare allowance allow people with mixed-rate insurance records scheme, which includes rent supplement, is to receive a payment. This set of measures is of administered on my behalf by the community particular benefit to women who may have less welfare division of the Health Service Executive. than complete social insurance records due to Neither I nor my Department has any function in working in the home. decisions on individual claims. There are, of course, those who will not benefit Under standard supplementary welfare allow- from the home-maker’s scheme and who cannot ance rules, rent supplements are normally calcu- qualify for a pension in their own right. In this lated to ensure that a person, after the payment regard, the Government is committed to increas- of rent, has an income equal to the rate of sup- ing the payment for qualified adults — age 66 or plementary welfare allowance appropriate to over — to the same level as the personal rate of their family circumstances less a minimum contri- the old age — non-contributory — pension and bution, currently \13, which recipients are to facilitate the direct payment of the allowance required to pay from their own resources. Many to spouses and partners. recipients pay more than \13 because they are On the non-contributory pension, in budget also required, subject to income disregards, to 2006 I made changes to the income disregards contribute any additional assessable means that allowed under the means test. The basic income they have over and above the appropriate basic disregard was increased by \12.40 per week to supplementary welfare allowance rate towards \20 and I also introduced an earnings disregard their accommodation costs. of \100 per week. These allowances are doubled in the case of couples and will allow more people The executive has advised that the person con- cerned had been awarded a rent supplement pay- to qualify for social welfare pensions. \ I will continue to look for ways, within the cur- ment of 826.90 per month based on her income rent social welfare structure, in which the needs from her one parent family payment and main- of older people who are at present outside the tenance. However, on re-examination, the execu- social welfare pensions system may be addressed tive now advises that this rate of supplement is further. incorrect and that the correct rate of rent sup- plement payable in this case is \904.50 per month. Social Welfare Benefits. The executive has further advised that this new rate of payment will be payable from the next 474. Mr. Durkan asked the Minister for Social payment date and arrears due, if any, will issue and Family Affairs if an increase in rent allow- as soon as possible. ance will be considered in the case of a person (details supplied) in County Kildare; and if he 476. Mr. Wall asked the Minister for Social and will make a statement on the matter. [10874/06] Family Affairs the reason a person (details supplied) in County Laois is not in receipt of rent Minister for Social and Family Affairs (Mr. subsidy; the further reason arrears of \4,000 was Brennan): The supplementary welfare allowance allowed to accrue in regard to the subsidy; and if scheme, which includes rent supplement, is administered on my behalf by the community he will make a statement on the matter. welfare division of the Health Service Executive. [10921/06] Neither I nor my Department has any function in decisions on individual claims. Minister for Social and Family Affairs (Mr. The person concerned is in receipt of one Brennan): The supplementary welfare allowance parent family payment and half-rate disability scheme, which includes rent supplement, is benefit from my Department. The Health Service administered on my behalf by the community Executive has advised that she had her rent sup- welfare division of the Health Service Executive. plement reviewed on 6 March 2006 following her Neither I nor my Department has any function in move to a new address, based on her family com- decisions on individual claims. position and financial circumstances. The execu- One of the conditions for entitlement to rent tive is satisfied that the correct amount of rent supplement is that an applicant must be deemed supplement is now in payment to her. It is open by the local authority to have a genuine housing to the person concerned to appeal the decision need. The Health Service Executive has advised given to the designated appeals officer within the that it disallowed an application for rent sup- Health Service Executive. plement in this case on the grounds that the local authority could not deem the person concerned 475. Mr. Durkan asked the Minister for Social to have a housing need as the applicant had not and Family Affairs the reason rent allowance has provided documentation required to make its been reduced in the case of a person (details decision. 1441 Questions— 21 March 2006. Written Answers 1442

The executive has further advised that the per- Departmental Staff. son concerned was advised of the decision in 479. Mr. Stanton asked the Minister for Social September 2005. The person concerned was given and Family Affairs his progress, to date, on the opportunity to make a further application for implementing a flexible working hours system; rent supplement on 28 February 2006 and to and if he will make a statement on the matter. provide evidence of his housing needs but he has [11118/06] not contacted the executive since. Minister for Social and Family Affairs (Mr. 477. Mr. Ring asked the Minister for Social and Brennan): My Department operates a range of Family Affairs the reason the unemployment family-friendly working arrangements including assistance to a person (details supplied) in work-sharing, term time leave and parental leave. County Mayo has been reduced by \69, in view Some 900 staff currently avail of these schemes. of the fact that the person was in receipt of the A flexible working hours scheme was intro- maximum rate of unemployment assistance prior duced into my Department in 1986 and now to this. [10965/06] forms part of a package of measures which have been implemented across the Civil Service to Minister for Social and Family Affairs (Mr. allow staff balance work and other responsibil- Brennan): The person concerned was in receipt ities in a way which suits their circumstances. The of unemployment assistance at the maximum flexible working hours scheme has undergone a weekly rate of \165.80 from 8 February 2006. number of changes and adjustments over the However, it came to light that she should have years — such changes have always been nego- been assessed with means from parental income. tiated and agreed with the Civil Service staff A deciding officer assessed her with means at unions. Currently, 3,600 staff in my Department \69.00 a week from 8 March 2006, derived from avail of flexi-time, that is, over three quarters of the value of board and lodgings. This assessment the Department’s staff. entitles her to payment of unemployment assist- ance at the weekly rate of \96.80 from 8 March Social Welfare Benefits. 2006. 480. Dr. Cowley asked the Minister for Social It is open to the person concerned to appeal and Family Affairs the reason a person (details this decision and a form for this purpose may be supplied) in County Mayo has been refused the obtained from her social welfare local office in carer’s allowance; the support available to the Westport. person; the action he will take in this case; and if Under social welfare legislation decisions on he will make a statement on the matter. claims must be made by deciding officers and [11122/06] appeals officers. These officers are statutorily appointed and I have no role in making such Minister for Social and Family Affairs (Mr. decisions. Brennan): The person’s application for carer’s benefit was disallowed by a deciding officer on 478. Mr. Ring asked the Minister for Social and the grounds that the person was not engaged in Family Affairs when an oral hearing in respect of remunerative employment prior to her claim as a carer’s allowance appeal for a person (details she was on a career break from the Department supplied) in County Mayo will be scheduled. of Education and Science. [11025/06] The person appealed this decision to the social welfare appeals office and an oral hearing was Minister for Social and Family Affairs (Mr. held on 28 February 2006. Having considered all Brennan): The person’s application for carer’s of the available evidence, including that adduced at the oral hearing, the appeals officer decided allowance was disallowed by a deciding officer on that the person cannot be considered to be in the grounds that she was not deemed to be remunerative full-time employment as an habitually resident in the State. employed contributor and accordingly does not The person appealed this decision to the social satisfy the legislative criteria for qualification for welfare appeals office and the appeals officer carer’s benefit. considers that an oral hearing is necessary in the The person was notified of the decision of the case. It is not possible at this stage to give a date appeals officer on 8 March 2006. The case is at for the hearing. However, the person concerned present under review by the appeals officer fol- will be notified as soon as arrangements for the lowing representations on behalf of the appellant. hearing are made. The appellant will be advised of the outcome in Under social welfare legislation decisions on due course. I should mention that it is open to claims must be made by deciding officers and the appellant to apply for carer’s allowance. appeals officers. These officers are statutorily Under social welfare legislation decisions on appointed and I have no role in making such claims must be made by deciding officers and decisions. appeals officers. These officers are statutorily 1443 Questions— 21 March 2006. Written Answers 1444

[Mr. Brennan.] regimes in these countries are considered to be appointed and I have no role in making such equivalent in standard to our system. Other non- decisions. EU citizens taking up Irish residence must undergo the driver theory test, obtain a pro- Driver Licensing. visional licence and pass the driving test in order to obtain a driving licence. 481. Ms O. Mitchell asked the Minister for Transport the driving licence requirements for Driving Tests. the driving of coaches here; and if he will make a statement on the matter. [10408/06] 483. Mr. McGuinness asked the Minister for Transport if an early driving test will be arranged Minister for Transport (Mr. Cullen): The Road for a person (details supplied) in County Traffic (Licensing of Drivers) Regulations 1999 Kilkenny. [10476/06] to 2004 require that the driver of a vehicle with passenger accommodation for more than eight Minister for Transport (Mr. Cullen): A driving persons must hold a category D driving licence. test has been arranged for the person concerned. If such a vehicle has passenger accommodation for not more than 16 persons a category D1 driv- Park and Ride Facilities. ing licence will suffice. 484. Mr. Stagg asked the Minister for Transport if he has received proposals for the provision of 482. Ms O. Mitchell asked the Minister for park and ride facilities in County Kildare under Transport the procedure for ensuring that the Transport 21. [11073/06] licensing requirements of drivers of all categories of vehicles, who have acquired their licences out- Minister for Transport (Mr. Cullen): As the side of Ireland, are equivalent to Irish require- Deputy will be aware, I regard park and ride ments; the way in which this is enforced; and if he facilities as an important component in our will make a statement on the matter. [10409/06] strategy for attracting people out of private cars and onto public transport. Last summer I Minister for Transport (Mr. Cullen): The Road approved a Dublin Transportation Office — Traffic (Licensing of Drivers) Regulations 1999 DTO — strategy for rail-based park and ride, to 2004 provide, in accordance with EU directives which envisages facilities at 22 locations on the on driving licences, that a person who holds a existing and proposed rail network within the driving licence issued by the competent authority greater Dublin area — GDA. of a member state of the European Union or of This year, under Transport 21, I have indicated the European Economic Area may drive any that \5 million in capital funding is being made vehicle of the category in respect of which the available for suitable park and ride projects in the licence has been granted for the period for which GDA. Arrangements for rail-based park and ride the licence has effect or alternatively on taking funding will also extend to public transport inter- up residence in Ireland may exchange that driving change projects. Capital funding for pilot bus- licence for an Irish licence. based park and ride projects will also be con- Non-EU citizens who are temporary visitors to sidered. There will be no revenue support to sub- Ireland and who hold a national driving licence sidise operating costs of park and ride facilities. or an international driving permit may drive here Applications by public bodies for funding for any vehicle of the category in respect of which specific park and ride projects will be considered the licence or permit has been granted for the by my Department on a first come, first served duration of their visit. In this regard temporary basis. They will be evaluated according to their may be regarded as a period not exceeding 12 business cases and against the strategic value they months. An “international driving permit” means offer, as assessed against the DTO strategy. a valid and properly completed international No specific proposals have as yet been received driving permit issued to a visitor under the con- by my Department for implementation of park vention of 1949 by the competent authority of the and ride facilities in County Kildare during 2006. state in which he or she resides, or by an associ- ation duly empowered by such an authority to issue such a permit. Road Traffic Offences. Australia, Isle of Man, Japan, Jersey, South 485. Ms O. Mitchell asked the Minister for Africa, South Korea and Switzerland are recog- Transport his plans to introduce on the spot fines nised states for the purpose of driving licence for tachograph offences; the way in which this will exchange under the terms of Article 30(7) of the operate; and if he will make a statement on the Road Traffic (Licensing of Drivers) Regulations matter. [10035/06] 1999. Under these regulations, persons holding a valid driving licence from a recognised state may Minister for Transport (Mr. Cullen): Section 16 exchange their licence for an Irish driving licence of the Road Transport Act 1999 provides for on when they take up residence here, without the the spot fines in lieu of prosecution for offences need for a driving test. The testing and licensing under the Road Transport Acts and EU drivers 1445 Questions— 21 March 2006. Written Answers 1446 hours and working time regulations. The com- 488. Mr. Wall asked the Minister for Transport mencement of this section has been the subject of if his attention has been drawn to the major dis- discussions with the Attorney General’s office crepancies in train fares for journeys of equal dis- and the advice now is that a new enabling pro- tance from Dublin on different rail lines; the vision in primary legislation is required to ensure reason for such discrepancies in view of the compatibility with current fixed penalty charges serious effect such discrepancies have on com- legislation. I propose to include such a provision muters; the action he will take in rectifying the in the new Road Traffic Bill, which is currently problem; and if he will make a statement on the being prepared in my Department. matter. [10078/06] This would provide the basis for introduction of the proposed fines system by ministerial regu- Minister for Transport (Mr. Cullen): The struc- lations. The system will apply to operators and ture of rail fares is a matter for Iarnro´ dE´ ireann. drivers of heavy goods and passenger vehicles Iarnro´ dE´ ireann operates two fare structures: a where breaches of the legislation are detected. Dublin commuter area, which encompasses Depending on the nature and extent of the Balbriggan, Maynooth, Hazelhatch and Kilcoole; infringements, offenders may be given the option and the national network. of paying a fixed penalty charge rather than face With the dramatic growth in longer distance prosecution through the courts. commuting, issues have arisen in fare arrange- ments between the commuter and national areas. Road Safety. These issues are most relevant around the bound- ary areas of the fare structures. Iarnro´ dE´ ireann 486. Ms O. Mitchell asked the Minister for has informed me that it intends undertaking a Transport if the National Roads Authority will thorough review of ticketing and fare practices, continue to compile the annual road traffic colli- which will be wide-ranging and will encompass sion data; and if he will make a statement on the this issue among others. matter. [10052/06]

Minister for Transport (Mr. Cullen): Statistics Driver Licensing. on road accidents, based on information provided 489. Mr. Kenny asked the Minister for Trans- by the Garda Sı´ocha´na, are currently published port if a driving licence can be applied for on- by the National Roads Authority — NRA — in line; if not, the reason this service is not available; its annual road accident facts reports. The most and if he will make a statement on the matter. recent report, now entitled Road Collision Facts, [10116/06] relates to 2004 and is available in the Oireachtas Library and on the NRA website. Minister for Transport (Mr. Cullen): An appli- As I outlined recently on the Committee Stage cation for a driving licence cannot be made on- debate of the Driver Testing and Standards Auth- line. At present, the applicant is required to sign ority Bill, the Road Safety Authority, as it will a label on the application form, which is detached now be called, will take on responsibility for road and applied to the licence. In addition, certain safety research and statistical collection. This will applications must be accompanied by medical or result in a more integrated approach to road eyesight reports and other documentation such as safety policy generally, with one agency respon- certificates of competency and theory test certifi- sible for road safety research, statistical data, cates which are not available on-line. Issues of advertising, education and recommendations identity also arise and developments in this area regarding road safety policy. will be subject to advanced features of the public services broker being developed under the Reach Rail Services. initiative which will allow the capture of digital 487. Mr. Wall asked the Minister for Transport photographs, secure digital signatures, scanned-in if Iarnro´ dE´ ireann has to adhere to the EU guide- eyesight/medical certificates and so forth. lines on train service timetables; if it is the pre- rogative of each member state’s train companies 490. Mr. Kenny asked the Minister for Trans- for economic reasons or social reasons to change port if a haulage licence can be applied for on- timetables at any period of the year; and if he will line; if not, the reason this service is not available; make a statement on the matter. [10077/06] and if he will make a statement on the matter. [10117/06] Minister for Transport (Mr. Cullen): Since 2003, Iarnro´ dE´ ireann has adopted the principle, Minister for Transport (Mr. Cullen): The pro- set out in Commission Decision 2002/844/EC, of vision of an on-line system of applications for establishing a working timetable once per year; road haulage licences has been considered. A that is, at midnight on the second Saturday in number of practical and legal difficulties have December each year. The Commission decision been identified in that regard. These difficulties does, however, allow some flexibility in these are being considered in the context of a forth- arrangements. coming Road Transport Bill. 1447 Questions— 21 March 2006. Written Answers 1448

Port Development. tered vehicles operated by Irish licensed trans- 491. Mr. F. McGrath asked the Minister for port operators that occur outside the State. Transport if he will work closely with other rel- evant Departments in pushing forward the pro- Harbours and Piers. posal to develop the port of Bremore, north of 493. Mr. J. O’Keeffe asked the Minister for Balbriggan as a sensible solution to Ireland’s port Transport his proposals regarding the develop- congestion at Dublin Port and to become the ment of Baltimore Harbour in west Cork; and the point of the nation’s vital import and export funding that will be made available therefor. activities. [10133/06] [10153/06] Minister for Transport (Mr. Cullen): The Minister for Transport (Mr. Cullen): Responsi- Government’s ports policy statement, launched in bility for Baltimore and Skibbereen Harbour has January 2005, aims to better equip the port sector transferred from the Department of Communi- and its stakeholders to meet national and regional capacity and service needs. cations, Marine and Natural Resources to my One of the key challenges that lie ahead is the Department with effect from 1 January 2006. provision of adequate in-time port capacity, The Government’s ports policy statement, particularly for unitised trade. The policy state- which was launched in January 2005, states that ment sets out a framework to ensure that capacity the continued operation of many of the regional needs are identified, planned and progressed in a harbours under the outdated provisions of the co-ordinated manner. Harbours Act 1946 is unsustainable on the As an initial step in this process, the Depart- grounds of good governance. The policy state- ment consulted with the commercial ports hand- ment reiterated the view that these harbours ling unitised trade, to determine their view of would best achieve their potential through their port capacity and how they intended to deal with transfer to local authority ownership or, where the projected capacity requirement. Drogheda this is not possible, that sale to the private sector Port Company responded in this regard with will be considered. In harbours where significant information on its proposal to develop a new port commercial traffic exists consideration will be facility at Bremore in north County Dublin. given to bringing them under the control of a In addition, in September 2005 the Department port company. appointed a firm of consultants expert in this My Department is working with the Depart- field, Fisher Associates, to invite detailed project ment of the Environment, Heritage and Local submissions from the commercial ports. Fisher Government to advance the implementation of Associates has recently received these sub- the ports policy statement with regard to the missions and will finalise its report over the com- transfer of the designated regional harbours to ing months. I can inform the Deputy that a sub- their respective local authorities, where appro- mission was received from Drogheda Port priate, and to proceed individually in conjunction Company on its Bremore proposal. with the relevant local authorities and harbour The purpose of this process is to satisfy the authorities, having regard to local requirements Government that the anticipated capacity in each case. requirement to 2014 and beyond can be Baltimore and Skibbereen Harbour is a candi- efficiently and adequately met through the suc- date for transfer to local authority control. As the cessful advancement and implementation by the harbour is situated in the functional area of Cork port sector of some combination of the key pro- County Council, the Department of the Envir- jects. The process is being closely co-ordinated onment, Heritage and Local Government with other relevant Departments through a requested the council to undertake an overall steering committee that includes representatives assessment of the potential of the harbour for of the Department of the Environment, Heritage transfer. This report has been received and is cur- and Local Government and the Department of rently being assessed. Finance. The limited resources available in my Depart- ment for expenditure on regional harbours are Road Traffic Offences. being concentrated on public safety works pend- 492. Ms O. Mitchell asked the Minister for ing the transfer of the harbours. Transport, further to Parliamentary Question No. 174 of 2 March 2006, the breakdown of the Driving Tests. infringements of tachograph and vehicle checks as inspected by transport officers which occurred 494. Mr. Bruton asked the Minister for Trans- within and outside the State; and if he will make port if his attention has been drawn to the fact a statement on the matter. [10151/06] that the automated telephone answering service at the Ballina office in dealing with driver testing Minister for Transport (Mr. Cullen): My frequently does not offer callers anything but pre- Department does not hold records of tachograph recorded options; and the steps he will take to infringements or vehicle checks on Irish regis- ensure that officers are available to respond to 1449 Questions— 21 March 2006. Written Answers 1450 queries from the public which are not covered by This year, under Transport 21, I have indicated the automated options. [10241/06] that \5 million in capital funding is being made available for suitable park and ride projects in the Minister for Transport (Mr. Cullen): This auto- GDA. Arrangements for rail-based park and ride mated service is available 24 hours a day. funding will also extend to public transport inter- Although staff in Ballina are under considerable change projects. Capital funding for pilot bus- pressure at present dealing with the driver testing based park and ride projects will also be con- backlog, arrangements have been put in place so sidered. There will be no revenue support to sub- that, with the exception of lunchtime, there is an sidise operating costs of park and ride facilities. option provided in the automated service to allow Applications by public bodies for funding for applicants to talk directly to an officer in the specific park and ride projects will be considered driver testing section between 09:30 and 16:30 by my Department on the basis of proposals from hours. the DTO and Irish Rail on a first come, first served basis. They will be evaluated according to 495. Mr. Bruton asked the Minister for Trans- their business cases, and against the strategic port if his attention has been drawn to the fact value they offer, as assessed against the DTO that the on-line system for arranging driver tests strategy. which issues e-mail confirmations of test appoint- ments, has a significant shortcoming in that the e- Road Safety. mail confirmation is not accepted by the licensing 497. Mr. McCormack asked the Minister for authorities responsible for renewing provisional Transport if he intends to instruct local auth- licences, who insist on a conventional letter of orities on the need to engage in full audit of speed confirmation being issued; and the steps he will limits and road signage, etc., on non-national take to rectify this in order that the on-line roads in order to improve road safety; and if he service can be more streamlined and reduce will make a statement on the matter. [10290/06] delays, administration costs and public frus- tration. [10242/06] Minister for Transport (Mr. Cullen): New speed limit structures were introduced in January Minister for Transport (Mr. Cullen): The on- 2005 under the Road Traffic Act 2004. These line service facilitates driving test applicants with included the application of a default speed limit an alternative method of applying for a test and of 80 km/h to rural non-national regional and provides general information on the driver testing local roads and a default of 50 km/h to all classes service. It does not arrange driving tests nor does of roads, except motorways, in built-up areas. it issue e-mail confirmations of driving test The Road Traffic Act 2004 empowers county appointments. and city councils to make special speed limit by- Once an application has been made on-line laws for the purpose of applying a special speed there are various checks and processes that must limit in lieu of a default speed limit and empow- be completed before it can be regarded as a valid ered the Minister for Transport to issue guide- application. Formal letters acknowledging receipt lines for the application of special speed limits. of the application issue within five working days. I exercised this power in April 2005 and issued The future requirements of the driver testing guidelines to road authorities. service will be considered in the context of the The county and city councils may review the overall IT requirements of the new Road Safety maximum speed limit that applies to each stretch Authority which is currently being established. of non-national road in their area, can determine that the limit be increased or decreased at any Park and Ride Facilities. particular location and can facilitate that determi- nation through the inclusion of an appropriate 496. Ms O. Mitchell asked the Minister for provision in by-laws. Transport the mechanism by which funding for The review and determination of what speed park and ride facilities in the GDA will be allo- limit should apply at particular locations on non- cated in 2006; and if he will make a statement on national roads in lieu of a default speed limit are the matter. [10263/06] matters for the elected members of city and county councils and the Minister for Transport Minister for Transport (Mr. Cullen): Park and has no statutory power to issue instructions or ride facilities are an important component in the directions in this regard. I am not satisfied that all strategy for attracting people out of private cars local authorities have considered exercising their and onto public transport, so reducing congestion powers in this area and I recently wrote to every and improving the environment. In this context, city and county manager in the country seeking a last summer I approved a Dublin Transportation report on the matter. Office — DTO — strategy for rail-based park and ride, which envisages facilities at 22 locations on Driver Licensing. the existing and proposed rail network within the greater Dublin area — GDA. 498. Mr. Connolly asked the Minister for 1451 Questions— 21 March 2006. Written Answers 1452

[Mr. Connolly.] Minister for Transport (Mr. Cullen): The con- Transport the facilities that are available for per- tents of the submission in question have been sons with literacy problems to apply for a driving noted and the present requirements regarding the licence and to take the driving test; and if he will use of mandatory cycle lanes will be looked at in make a statement on the matter. [10319/06] the context of the review of the current traffic and parking regulations 1997-2005 being under- Minister for Transport (Mr. Cullen): Since 11 taken in my Department. June 2001 all applications for a first provisional Taxi Regulations. licence must be accompanied by a driver theory test certificate. 500. Mr. Quinn asked the Minister for Trans- The specification which the contractor port if the taxi regulator has ever issued an operating the driver theory test is obliged to meet annual report; when the taxi regulator’s next annual report is due for release; the areas in provides for the delivery of a user-friendly com- which such reports are available for members of puterised theory testing system and requires that the public to access; and if he will make a state- candidates with special needs be provided for. ment on the matter. [10372/06] This includes the provision of reading assistance and voice-over audio with an extended time slot Minister for Transport (Mr. Cullen): The Com- for the test. mission for Taxi Regulation has published an The test is based on a question bank, which has annual report and financial statement for the been developed, inter alia, in consultation with period from 1 September 2004 to 31 December the Association for Children and Adults with 2004 in accordance with the requirements of Learning Difficulties and the National Adult Lit- section 29 of the Taxi Regulation Act 2003. A eracy Agency. The question bank is available in copy of the 2004 annual report and accounts is book format or as a CD which includes voice- available on the Commission for Taxi Regulation over audio. website at www.taxiregulator.ie, directly from the The test standard applies to all candidates and commission and in the Oireachtas Library. The 2005 annual report and financial statement special allowances cannot be made in any part- will be available when the statutory requirements icular case regardless of the circumstances. of section 29 have been completed including the In the case of the practical driving test, where auditing of the accounts by the Comptroller and a candidate notifies my Department of the exist- Auditor General. ence of a disability, it is the practice to assign the test to a supervisory driver tester who has more Road Safety. time to conduct the test. 501. Ms O. Mitchell asked the Minister for Transport the regulations which apply to the driv- Cycle Facilities. ing of coaches; and if he will make a statement 499. Ms Shortall asked the Minister for Trans- on the matter. [10407/06] port his response to the submission made by Minister for Transport (Mr. Cullen): The driv- Dublin cycling campaign to him on 23 February ing of coaches is subject to legislation governing 2006 on the repeal of the requirement for cyclists road traffic, road passenger transport operator to use a mandatory cycle lane where one is pro- licensing, the use of tachograph recording equip- vided; if he intends to accede to that request; and ment, driver’s hours and working time rules. if he will make a statement on the matter. List of the relevant legislation is set out in the [10370/06] following schedule.

European Communities Road Transport Regulations, 2006 Drivers hours rules

European Communities (Road Transport) (Recording Equipment) Regulations 2006 Use of tachograph recording equipment European Communities (Organisation of Working Time of Persons Performing Mobile Working time rules for mobile road Road Transport Activities) Regulations 2005 transport workers European Communities (Road Passenger Transport) Regulations 1991-1999 Operator licences Road Traffic (Licensing of Drivers) Regulations 1999-2004 Driver licences Road Traffic (Traffic and Parking) Regulations 1997 Weight restrictions and speed limits Road Traffic (Ordinary Speed Limits — Certain Vehicles) Regulations 2005 Prescribed speed limits

speed ramps during a driving test; and if he will Driving Tests. make a statement on the matter. [10464/06]

502. Mr. English asked the Minister for Trans- Minister for Transport (Mr. Cullen): As speed port the speed at which a car must be driven over ramps and cars vary considerably in their design 1453 Questions— 21 March 2006. Written Answers 1454 and construction, it is not possible to be definitive of the operation of the penalty points and fixed about the speed a car should be travelling at charge systems, and the question of the introduc- when negotiating a ramp. In general, a car should tion of a more general basis for the carrying out be driven over ramps at a speed and in a manner of preliminary roadside alcohol testing of drivers which does not cause undue discomfort to the are being advanced. occupants, or undue strain on the car. Neither I will bring forward legislation during the cur- should the car be driven at an unnecessarily rent Da´il session for the purpose of extending the slow speed. basis for which a roadside breath test can be requested and also to provide a statutory basis for Road Safety. the engagement of private sector interests in the operation of a speed camera programme under 503. Mr. Carey asked the Minister for Trans- the direct control and guidance of the Garda. I port the measures which are in place by his have also recently announced the extension of the Department to tackle the carnage on roads here; penalty points system from the existing five and if he will make a statement on the matter. offences to 35 offences in early April. The [10513/06] emphasis of this extension is on offences that relate to driver behaviour which is the greatest Minister for Transport (Mr. Cullen): The single contributory factor in road collisions. Government Road Safety Strategy 2004-2006 sets a primary target of a 25% reduction in road colli- sion fatalities by the end of 2006 over the average Road Traffic Offences. annual number of fatalities in the 1998 to 2003 504. Mr. Carey asked the Minister for Trans- period. Achievement of the target would result in port the penalties, other than the application of no more than 300 deaths per annum by the end penalty points, which can be applied for breaches of the period of the strategy. This is an ambitious of road traffic legislation; and if he will make a target which will require the continued commit- statement on the matter. [10514/06] ment to a strategic, integrated approach by all of the road safety agencies. Minister for Transport (Mr. Cullen): The Road However, the recent increase in road deaths is Traffic Acts establish a range of offences and a cause of concern and places the challenge of penalties that can be applied for breaches of legis- meeting the target set for the end of 2006 into lation. These range from the payment of a fixed stark focus. As of 21 March, 85 people had lost charge or an on the spot fine in respect of speci- their lives on our roads this year, compared to 88 fied offences in lieu of court proceedings to a fine, at the same date last year. imprisonment or driver disqualification on con- Progress depends in the first instance on a con- viction in court. tinued emphasis on the approach that underpins The enforcement of offences established under the strategy. A major independent review of the the Road Traffic Acts is the responsibility of the previous strategy confirms that basing the Garda and, in respect of a limited range of park- primary target on the achievement of progress in ing and other offences, of traffic wardens or per- the areas of speeding, drink driving and seat belt sons authorised by local authorities. I have no wearing remains the correct approach and these direct role in the enforcement of offences. remain the key areas of the strategy. The Road Traffic Acts provide for a range of Significant initiatives identified in the strategy penalties which consist of maximum financial that have been realised to date include the intro- penalties in respect of all offences and terms of duction of a new system of metric speed limits imprisonment in respect of certain offences. through the passage of the Road Traffic Act 2004 Unless a penalty is expressly specified in respect and the establishment of the new Garda traffic of a particular offence in the Road Traffic Acts, corps. The new speed limits structure featured a the general penalty applies. This is a maximum reduction in the speed limit in all rural, regional fine of \800 for a first offence and a maximum of and local roads from 60 mph to 80 km/h, which \1,500 for a second or subsequent offence. Where equates to 50 mph. The establishment of the dedi- a third or subsequent offence is committed within cated traffic corps in 2004 by the Minister for any period of 12 consecutive months, the court Justice, Equality and Law Reform under a dis- can impose a maximum fine of \1,500 and-or up tinct management structure under the command to three months imprisonment. of an assistant commissioner addresses a part- The vast majority of the financial penalties icular commitment given by the Government. which apply under the Road Traffic Acts were The corps, when it is fully staffed, will provide revised in 2002, and details of the monetary pen- the basis for the achievement of the significant alty in respect of each statutory provision are set gains in road safety that emanate from consistent out in section 23 of the Road Traffic Act 2002. high levels of traffic law enforcement. The level of fine that may be imposed in any indi- Other major proposals identified in the vidual case is at the discretion of the courts. strategy such as the plans to establish a system of Details of monetary penalties set post-2002 are private sector operation of speed cameras under contained in section 2 of the Road Traffic Act the auspices of the Garda, the further extension 2003, in sections 18, 19, 23, 30 and 34 of the Road 1455 Questions— 21 March 2006. Written Answers 1456

[Mr. Cullen.] port if he will list all statutory instruments signed Traffic Act 2004 and in section 138 of the Railway by him in 2005 and to date in 2006. [10529/06] Safety Act 2005. Minister for Transport (Mr. Cullen): Statutory instruments signed by me and my colleague, the Statutory Instruments. Minister for State, in 2005 and to date in 2006 are 505. Ms Shortall asked the Minister for Trans- summarised in the following table.

S.I. No.

S.I. 2 of 2005 European Communities (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2005 S.I. 8 of 2005 Road Traffic Act 2004 (Commencement) (Parts 1 and 2 and sections 27 and 32) Order 2005 S.I. 9 of 2005 Road Traffic (Ordinary Speed Limits — Certain Vehicles) Regulations 2005 S.I. 10 of 2005 Road Traffic (Speed Limit — Traffic Signs) Regulations 2005 S.I. 11 of 2005 Road Traffic (Traffic and Parking) (Amendment) Regulations 2005 S.I. 12 of 2005 Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2005 S.I. 26 of 2005 Road Traffic Act 2004 (Commencement) (Parts 3 and 4) Order 2005 S.I. 62 of 2005 Road Traffic (National Car Test) (Amendment) Regulations 2005 S.I. 164 of 2005 European Communities (Motor Vehicles Type Approval) (Amendment) Regulations 2005 S.I. 274 of 2005 European Communities (Compensation and Assistance to Air Passengers) (Denied Boarding Cancellation or Long Delay of Flights) Regulations 2005 S.I. 282 of 2005 European Communities (Mechanically Propelled Vehicle Entry into Service) (Amendment) Regulations 2005 S.I. 347 of 2005 European Communities (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2005 S.I. 412 of 2005 European Communities (Two and Three Wheel Motor Vehicle Entry into Service) Regulations 2005 S.I. 610 of 2005 Taxi Regulation Act 2003 (Part 3) (Commencement) Order 2005 S.I. 611 of 2005 Road Transport Act 1999 (Commencement) Order 2005 S.I. 645 of 2005 Aer Lingus Act 2004 (Commencement of Certain Provisions) Order 2005 S.I. 683 of 2005 Road Transport Act 1999 (Repeals) (Commencement) Order 2005 S.I. 756 of 2005 Road Traffic (Traffic Signs — Periodic Special Speed Limits) Regulations 2005 S.I. 757 of 2005 European Communities (Interoperability of Electronic Road Toll Systems) Regulations 2005 S.I. 772 of 2005 European Communities (Driving Theoretical Tests) (Amendment) Regulations 2005 S.I. 780 of 2005 European Communities (Access to Railway Infrastructure) (Amendment) Regulations 2005 S.I. 782 of 2005 European Communities (Passenger Car Entry into Service) (Amendment) Regulations 2005 S.I. 783 of 2005 European Communities (Motor Vehicles Type Approval) (Amendment) (No. 2) Regulations 2005 S.I. 831 of 2005 European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005 S.I. 832 of 2005 European Communities (Speed Limitation Devices) (Amendment) Regulations 2005 S.I. 833 of 2005 Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1993 (Revocation) Regulations 2005 S.I. 841 of 2005 Railway Safety Act 2005 (Part 2) (Establishment Day) Order 2005 S.I. 9 of 2006 Co´ ras Iompair E´ ireann Pension Scheme for Regular Wages Staff (Amendment) Scheme (Confirmation) Order 2006 S.I. 10 of 2006 Co´ ras Iompair E´ ireann Superannuation Scheme 1951 (Amendment) Scheme (Confirmation) Order 2006 S.I. 58 of 2006 European Communities (Motor Vehicles Type Approval) (Amendment) Regulations 2006 S.I. 87 of 2006 European Communities (Merchant Shipping) (Ro-Ro Passenger Ship Survivability) (Amendment) Rules 2006 S.I. 88 of 2006 European Communities (Road Transport) Regulations 2006 S.I. 89 of 2006 European Communities (Road Transport) (Recording Equipment) Regulations 2006

Road Safety. tenders to supply a plastic card licence was pub- 506. Mr. Kehoe asked the Minister for Trans- lished in the EU Official Journal. A number of port his plans to change the driver’s licence; the developments took place following receipt of plans in his Department to change this into a tenders and the proposals were reviewed in the plastic type card; and if he will make a statement light of these developments. These developments on the matter. [10530/06] included developments concerning anti-fraud protection measures, possible developments in e- Minister for Transport (Mr. Cullen): In June government and the publication of a draft EU 2003 a notice requesting the submission of 1457 Questions— 21 March 2006. Written Answers 1458 directive on driving licences in October 2003 pro- licences are as follows: Road Traffic (Public posing the issuing of new licences in plastic card Service Vehicles) Regulations 1963 — SI No. 191 format only and allowing the introduction of an of 1963; Road Traffic (Public Service Vehicles) optional microchip on the driving licence. Having (Amendment) Regulations 1995 — SI No. 136 of considered these matters it was decided not to 1995; Road Traffic (Public Service Vehicles) proceed with the tender invitation of 16 June (Amendment) Regulations 1998 — SI No. 47 of 2003. The EU directive and the specification of a 1998; Road Traffic (Public Service Vehicles) microchip have not yet been agreed. The overall (Amendment) (No. 2) Regulations 1999 — SI No. proposal is being reviewed to take account of 316 of 1999; Road Traffic (Public Service these developments. Vehicles) (Amendment) (No. 2) Regulations 2000 — SI No. 255 of 2000; Road Traffic (Public 507. Mr. Lowry asked the Minister for Trans- Service Vehicles) (Amendment) (No. 3) Regu- port the number of national car tests carried out lations 2000 — SI No. 367 of 2000; Road Traffic at each test centre each month during 2005; the (Public Service Vehicles) (Amendment) Regu- number of old age pensioners who owned a car lations 2001 — SI No. 38 of 2001; Road Traffic tested in each month during 2005; his views on (Public Service Vehicles) (Amendment) (No. 2) waiving the car test fee for old age pensioners; Regulations 2001 — SI No. 534 of 2001; Road and if he will make a statement on the matter. Traffic (Public Service Vehicles) (Amendment) [10631/06] Regulations 2002 — SI No. 411 of 2002; Taxi Regulation Act 2003 (Section 37(1)) Minister for Transport (Mr. Cullen): Data on (Commencement) Order 2004 — SI No. 260 of test activity for individual test centres is not com- 2004; Taxi Regulation Act 2003 (Fees and piled by my Department but would be available Licensing) Regulations 2005 — SI No. 651 of from National Car Testing Service Limited. Infor- 2005. mation on the ages of car owners whose vehicles underwent the NCT is not compiled. I have no Air Services. plans to waive the NCT fee for old age pensioners. 510. Ms O. Mitchell asked the Minister for Transport if a Cabinet decision has been made to Rail Network. use part of the proceeds of privatisation to shore up the pension fund in Aer Lingus. [10714/06] 508. Ms O. Mitchell asked the Minister for Transport if the Phoenix Park rail tunnel has Minister for Transport (Mr. Cullen): I refer the been upgraded since 1996; and if he will make a Deputy to my reply to Question No. 151 of 7 statement on the matter. [10632/06] March 2006. Minister for Transport (Mr. Cullen): I have 511. Ms O. Mitchell asked the Minister for been advised by Iarnro´ dE´ ireann that the Transport if he will publish the report received Phoenix Park tunnel has not been upgraded since from UBS-AIB Capital Markets on the disposal 1996 but that it receives normal routine mainten- of the State asset, Aer Lingus. [10728/06] ance. I also understand heavier maintenance work was carried out in 2000. The tunnel is an Minister for Transport (Mr. Cullen): The essential piece of the operational railway network report from the financial and legal advisers on the enabling freight trains to and from Dublin Port Aer Lingus investment transaction was presented to access the southern and western network and jointly to myself and the Minister for Finance and for the movement of locomotives, coaching stock we are considering the recommendations in that and rail cars between the Drogheda, Connolly report. It is not our intention to publish the report and Inchicore depots. as it contains commercially sensitive information. Taxi Regulations. Road Safety. 509. Mr. G. Mitchell asked the Minister for Transport the statutory instruments that apply to 512. Ms O. Mitchell asked the Minister for the issuing of and renewing of public service Transport what is meant by the term “obstruc- vehicle licences; and if he will make a statement tion” under Article 33 of Road Traffic (Traffic on the matter. [10702/06] and Parking) Regulations 1997, which prohibits a heavy goods vehicle, a bus or coach that accom- Minister for Transport (Mr. Cullen): The modates more than eight passengers and any licensing of small public service vehicles and their vehicle that is towing a trailer and so on in the drivers is currently governed by the Road Traffic outside lane; and if he will make a statement on (Public Service Vehicles) Regulations, 1963 to the matter. [10747/06] 2002, made under the Road Traffic Acts, and the provisions of the Taxi Regulation Act 2003. The 516. Ms O. Mitchell asked the Minister for main regulations relating to the grant and Transport his views on whether it is entirely renewal of small public service vehicle and driver appropriate that the law should prohibit the use 1459 Questions— 21 March 2006. Written Answers 1460

[Ms O. Mitchell.] accumulation of 12 penalty points in motor acci- of an outer lane on the motorway for the pur- dents is not available. I have asked the Depart- poses of passing out a slow moving vehicle by ment of the Environment, Heritage and Local heavy goods vehicles and buses; and if he has Government which holds and administers the responded to representations from the haulage national driver file to provide data on the number industry in this regard. [10981/06] of drivers disqualified following the accumulation of 12 penalty points who have acquired further Minister for Transport (Mr. Cullen): I propose penalty points. When the information is available, to take Questions Nos. 512 and 516 together. I will forward it to the Deputy. With regard to motorways it is prohibited since 1997 under article 33 of the Road Traffic (Traffic Site Acquisition. and Parking) Regulations 1997 to drive large heavy goods vehicles, a single-deck bus or coach 515. Mr. J. Breen asked the Minister for Trans- that accommodates more than eight passengers port further to Parliamentary Question No. 314 or any vehicle towing a trailer, etc., in the outside of 15 November 2005 and Question No. 352 of 7 lane except where it is necessary to proceed in February 2006 the delay in acquiring the site; the that lane due to an obstruction or because reason his Department is not able to determine another lane or lanes is or are for the time being the amount of land required, as the land owner is closed to traffic. The issue of speed differential prepared to do business; when the uncertainty between vehicles travelling on a motorway is a will be cleared up; and if he will make a statement factor behind this policy in that these three categ- on the matter. [10957/06] ories of vehicles are subject to a maximum ordi- Minister for Transport (Mr. Cullen): As I have nary speed limit of 80 kph whereas the default stated in reply to the Deputy in February, I maximum speed limit for other vehicles driving regard the provision of a new station house for on motorways is 120 kph. the Doolin coastal unit as a very high priority. The term “obstruction” is not defined in article The negotiations with a landowner about a site to 33. Article 5 of the 1997 regulations, as substi- which I also referred are still taking place and are tuted by Article 5 of the Road Traffic (Traffic at an advanced stage. I cannot elaborate on these and Parking) (Amendment) Regulations 1978, negotiations in public at this time but can only S.I. No. 274 of 197, provides that the regulations reiterate what I have said, namely, that as soon “shall apply save where compliance is not pos- as a site has been acquired my Department’s sible as a result of an obstruction to traffic or objective is to proceed as quickly as possible to pedestrians or because of an emergency situation develop the station house. confronting a road user which could not reason- ably have been expected or anticipated”. Question No. 516 answered with Question No. 512. Air Services. 513. Ms O. Mitchell asked the Minister for Rail Network. Transport the additional measures which are 517. Ms O. Mitchell asked the Minister for being considered to secure the future use of Aer Transport if the proposed new rail station in Lingus’s Heathrow Airport landing slots for Dublin’s dockland will allow for interconnectivity flights servicing the Irish market; and if he will between the existing fixed line rail service and the make a statement on the matter. [10748/06] proposed Luas extension to the docklands; the distance between the new station and the ter- Minister for Transport (Mr. Cullen): I refer the minus of the Luas line; and if he will make a Deputy to my reply to Question No. 64 of 7 statement on the matter. [11027/06] March 2006. Minister for Transport (Mr. Cullen): On 9 Road Safety. March 2006, I announced the commencement of 514. Mr. Durkan asked the Minister for Trans- construction of the new docklands rail station. port further to Parliamentary Question No. 380 The station will be constructed at a location north of 7 March 2006, if any of the 21 licence holders of Sheriff Street, adjacent to the east side of the who have accumulated 12 penalty points have Royal Canal. The station, when operational at been involved in motor accidents in the past five end 2007, will cater for additional commuter years; if any of the 28 drivers whose disqualifi- services on the Maynooth line and, critically, will cation period of 12 months has expired have been cater for all services on the proposed Dunboyne involved in such accidents or incurred further spur, due for completion in 2009. The station will penalty points; and if he will make a statement be conveniently accessed from the stop at on the matter. [10873/06] Spencer Dock on the proposed Luas line exten- sion from Connolly Station. The distance from Minister for Transport (Mr. Cullen): The infor- the new station to the nearest stop on the pro- mation requested by the Deputy on the involve- posed Luas extension, Spencer Dock, is approxi- ment of drivers disqualified following the mately 350 metres. The final stop on the pro- 1461 Questions— 21 March 2006. Written Answers 1462 posed new Luas line will be at the Point Depot, receive proposals on the resignalling project later which will be approximately 850 metres from the in 2006. The project is due to be completed in new Iarnro´ dE´ ireann station. 2009. It is expected that construction on the The Railway Procurement Agency has submit- Docklands station will be completed and open for ted a railway order application for this Luas services by the end of next year. This project is extension and I have appointed an inspector to not dependent on the resignalling project. conduct a public inquiry into that application. Given that a major focus of Transport 21 is the Public Transport. integration of services of various modes, I under- stand that Iarnrod Eireann and the RPS are in 521. Mr. Stagg asked the Minister for Transport discussion to ensure optimum integration if he has received the Dublin Bus network review; between Luas and commuter rail services. and when he will make a decision on funding for additional buses for the Dublin Bus fleet. 518. Mr. Stagg asked the Minister for Transport [11059/06] if a tender has already been awarded for the new Spencer Dock city centre train station in view of Minister for Transport (Mr. Cullen): The bus the announcement of the cost of the project at network review was submitted to my Department \28 million; and the construction timeframe by Dublin Bus on 2 March 2006. Dublin Bus sub- which has been agreed. [11052/06] mitted an application for funding on 20 January 2006 for additional fleet requirements for 2006 Minister for Transport (Mr. Cullen): I under- and 2007. My Department is examining this appli- stand from Iarnro´ dE´ ireann that the tender pro- cation in the context of Transport 21, the future cess for construction of the station has com- bus needs of the Dublin area and the bus network menced, with a view to beginning construction review. I will make a decision on the application immediately on receipt of planning permission. when the assessment has been completed and The planned construction period is anticipated to having regard to the outcome of my deliberations be nine months, with the station to be completed on the reform of the bus market, which I intend by end of March 2007, subject to planning per- to conclude in the coming weeks. mission being granted in June 2006. Road Network. 519. Mr. Stagg asked the Minister for Transport if he has received the inspector’s report on the 522. Mr. Stagg asked the Minister for Transport public inquiry into the Kildare route project. the grants received from the EU in respect of [11053/06] building the M50. [11065/06]

Minister for Transport (Mr. Cullen): The Minister for Transport (Mr. Cullen): The con- public inquiry into the Kildare route project was struction of the M50, excluding the toll road and held between 24 January and 2 February 2006. I bridge, has been funded by the State with EU have not yet received the inspector’s report of the assistance totalling \190 million. inquiry. It is a matter for the inspector as to when he completes and submits his report. I will make Taxi Regulations. a decision on the granting of the railway order after I receive the inspector’s report and consider 523. Ms Shortall asked the Minister for Trans- its findings. port the policy in respect of the regulation and licensing of taxi-despatch companies; the require- 520. Mr. Stagg asked the Minister for Transport ments of such companies in regard to certificate if he will review the city centre resignalling pro- of incorporation as a limited company, tax com- ject to see if it can be brought forward in view of pliance certificate, evidence of ComReg certifi- the moving forward of the Spencer Dock train cate and evidence of public and employers liab- station project. [11054/06] ility insurance; and if he will make a statement on the matter. [11098/06] Minister for Transport (Mr. Cullen): The city centre resignalling project, to be funded under Minister for Transport (Mr. Cullen): The exist- Transport 21, is intended to give Irish Rail flexi- ing regulatory code relating to taxis and other bility to increase frequencies on the Dublin sub- small public service vehicles under the Road urban rail network. By upgrading the signalling Traffic Acts and the Taxi Regulation Act 2003 system, the project will deliver additional train relates to the licensing and operation of such paths per direction per hour in the critical city vehicles, and the licensing of their drivers, and centre area. Funding has already been provided does not extend to the licensing of taxi dispatch to Irish Rail to establish a project design office companies. The Commission for Taxi Regulation and to carry out preliminary planning and design has proposed to my Department an amendment work necessary to progress the project. to the Taxi Regulation Act 2003 to provide for I understand from Irish Rail that the prelimi- the licensing of such companies by the com- nary design work is under way and I expect to mission. This proposal is being considered, as well 1463 Questions— 21 March 2006. Written Answers 1464

[Mr. Cullen.] The directive does not contain provisions to as any amendments to the Taxi Regulation Act enable a member state, irrespective of the circum- 2003, which this may entail. stances involved, to require a vehicle registered in I understand from the Department of another member state to be made subject to a Enterprise, Trade and Employment that all com- roadworthiness test in its territory for the purposes panies must comply with the requirements of the of the directive. To do so would be contrary to Companies Acts 1963 to 2005. Similarly, all com- internal market rules for road transport in facilitat- panies, including taxi dispatch companies, are ing the free circulation of vehicles within the EU. subject to any general requirements that exist in However, motor vehicles brought into Ireland regard to tax compliance, insurance and, where from abroad, other than those brought in tempor- appropriate, the licensing of communications arily by visitors, must be registered with the equipment. Revenue Commissioners by the end of the next working day following their arrival in the State. Road Safety. Once a vehicle has been registered by the Revenue Commissioners, it becomes liable to roadworth- 524. Ms Shortall asked the Minister for Trans- iness testing in accordance with Irish law. port further to Parliamentary Question No. 424 of 14 February 2006, the provision of EU My Department has no record of having Directive 96/96/EC which prevents the Govern- received notifications in accordance with Article ment requiring foreign registered cars from 3 of Directive 96/96/EC from the most recent undergoing the Irish national car test if there is accession member states and is not familiar with no proof that such a test has been carried out in the precise arrangements in place in those the vehicle’s country of registration. [11107/06] member states for the enforcement of the directive’s requirements. However, given that the 525. Ms Shortall asked the Minister for Trans- directive requires member states to ensure port, in respect of each of the past ten EU vehicles passing roadworthiness tests in their accession countries, the notification he has had jurisdictions for the purposes of the directive are of the way in which vehicles from each of these issued with proof of such status, it is open to a countries are proved to have undergone and member state to require a driver of a vehicle, passed a roadworthiness test; if he will provide regardless of the member state in which it is regis- other information at his disposal on the way in tered, to produce the proof of roadworthiness for which the requirement under paragraph 2 of the vehicle to establish its roadworthiness status Article 3 of EU Directive 96/96/EC to recognise vis-a`-vis the directive’s requirements. There is no roadworthiness tests in each of these countries is evidence available to my Department to suggest complied with. [11108/06] that there is a particular problem in compliance with the directive’s requirements by non-Irish EU 526. Ms Shortall asked the Minister for Trans- registered vehicles using Irish roads. port the reason foreign registered cars are not An extensive range of requirements must be subjected to the national car test when there is no satisfied to use a motor vehicle in a public place specific exclusion provided for this category in Ireland regardless of the country of registration under SI 405/2003. [11109/06] of the vehicle. In that regard, all cars are required to comply with statutory requirements relating to Minister for Transport (Mr. Cullen): I propose the construction, equipment and use of vehicles to take Questions Nos. 524 to 526, inclusive, as set out in the Road Traffic (Construction, together. Equipment and Use of Vehicles) Regulations The framework at European level in regard to 1963 to 2002, the Road Traffic (Construction and compulsory periodic roadworthiness testing of Use of Vehicles) Regulations 2003 to 2004, and motor vehicles is set down in EU Directive the Road Traffic (Lighting of Vehicles) Regu- 96/96/EC. The directive specifies the categories of lations 1963 to 1996. The use of a vehicle in con- vehicles liable to testing, the minimum frequency travention of these regulations, regardless of its of testing of vehicles, the items that have to be country of registration, would constitute an tested and the arrangements for testing. The offence and leave a person open to prosecution directive requires that a vehicle liable to road- under road traffic law. worthiness testing must be tested in the member state in which it is registered and that the proof 527. Ms Shortall asked the Minister for Trans- of passing a roadworthiness test issued by that port the number of vehicles required to undergo member state must be recognised in other a national car test in each of the past five years; member states. These provisions are set out in the number of these that failed to undergo a Articles 1 and 3 of the directive. The directive has national car test; the procedures in place in the been implemented in relation to the roadworth- national car test service to follow up with the iness testing of motor cars in Ireland by means of Garda where a vehicle does not undergo a test; the Road Traffic (National Car Test) Regu- the data shared between the Garda and the lations 2003. national car test service on a routine basis; and if 1465 Questions— 21 March 2006. Written Answers 1466 he will make a statement on the matter. business as market opportunities emerge and also [11112/06] to ensure it has the strength in its balance sheet to withstand the industry downturns and external Minister for Transport (Mr. Cullen): Section 18 shocks that are recognised features of the of the Road Traffic Act 1961 imposes a specific aviation industry. This requires that the company requirement on persons not to use a vehicle liable has ongoing access to capital on the same basis as to roadworthiness testing unless it has a valid test its main competitors. certificate. To assist car owners to comply with In principle, a State investment in a State com- this requirement, National Car Testing Service pany made in accordance with the so-called “mar- Limited, NCTS, contacts car owners in advance ket economy investor principle” is capable of sur- of the test due date for their vehicle and provides viving a challenge under the European Union’s them with a provisional NCT test appointment. state aid rules. In practice the application of this The offer of a provisional appointment is under- principle is not straightforward and it cannot be taken by the company as a customer service assured that an investment in Aer Lingus could measure and unless the car owner confirms the be made in accordance with this principle as and appointment within a particular timeframe it is when required. The Commission’s guidelines automatically cancelled. Given that the require- published in 1994 concerning the application of ment to have a valid test certificate applies in the treaty provisions concerning state aids in the relation to the use of a vehicle and not solely on aviation sector states the following in the con- the age of a vehicle, it is not possible to state clusion of its introduction: accurately the number of vehicles that are “An important element in the Commission’s required to undergo a NCT in a particular year. judgement will be the fact that the company Data on the roadworthiness testing status of a has already been granted State aid (see Chap- vehicle are recorded on the national vehicle and ter V). Therefore the Commission will not driver file, NVDF, which is maintained by the allow further aid unless under exceptional cir- vehicle registration unit of the Department of the cumstances, unforeseeable and external to the Environment, Heritage and Local Government. company. Moreover, given the fact that Article Following the issue of a test certificate for a 222 of the Treaty is neutral with regard to vehicle by NCTS, data in relation to the certifi- property ownership, the Commission cannot cate are transmitted electronically to the vehicle impose the privatisation of an airline as a con- registration unit for inclusion in the file for the dition of the State aid. However, the partici- vehicle concerned. I understand that the Garda pation of private risk sharing capital will be has access to the NVDF for the purposes of taken into account in the Commission’s enforcement of road traffic law. While there is no analysis.” systematic transfer of data between NCTS and the Garda, I could see no difficulty in NCTS mak- It will be recalled that a State investment in the ing available to the Garda data held by the com- company was made in accordance with the 1993 pany concerning vehicles were it to request such “Cahill Plan”. State investment in Aer Lingus information for the purposes of enforcing road could, therefore, be expected to be the subject of traffic legislation. a particularly critical appraisal by the European Commission. Air Services. In the aftermath of the terrorist attacks of 2001 and the ensuing aviation industry downturn, it 528. Ms Shortall asked the Minister for Trans- was clear from contacts with the European Com- port, further to Parliamentary Question No. 50 of mission that the prospect of approval for a 7 March 2006 and his statement that Government Government investment to support the survival investment in Aer Lingus would be challenged in plan was remote, even though it was argued that Brussels immediately, the basis for this statement there were compelling reasons that an investment in view of the advice from former EU Com- would satisfy the market economy investor prin- missioner Mario Monti of 30 August 2004, that is, ciple. The following points were made in legal the Commission has no objection of principle to advice given by the Attorney General in 2001 on capital injections effected by a member state as a possible investment in Aer Lingus: no state aid, a shareholder in a public company, provided it no matter what its form, may be given to Aer conforms with the market economy investor prin- Lingus without prior Commission approval; if the ciple; and if he will make a statement on the Commission is to be satisfied that an investment matter. [11121/06] by the Government would have been made by a private investor and would therefore not be a Minister for Transport (Mr. Cullen): When the state aid, it would be advisable to have a fully Government reached a decision last May on the reasoned report by a reputable expert on invest- company’s need for access to equity, it decided ment in the airline industry supporting such a that the investment should not come from the case; and giving Aer Lingus state aid without Exchequer. The Government’s strategic aim for Commission approval could lead, in a matter of Aer Lingus is to ensure the company has access weeks, to an injunction either by the Commission to sufficient resources over the long term to or by the High Court for repayment of the aid enable it to compete successfully, to develop its with interest. 1467 Questions— 21 March 2006. Written Answers 1468

[Mr. Cullen.] (details supplied) in its efforts to pay for security It is clear the rules relating to state aid are com- shutters at its centre; and if the maximum advice plex and that there are particular issues of and support will be given in accessing funding. approval and susceptibility to legal challenge that [10977/06] do not obtain in private sector investments. Even if a particular investment by the Government in Minister of State at the Department of Com- Aer Lingus were to withstand scrutiny, there munity, Rural and Gaeltacht Affairs (Mr. N. could be no guarantee that this would always be Ahern): The bulk of the drugs funding available the case. This absence of certainty on access to is channelled through the local and regional drugs funds creates, of itself, a hindrance to effective task forces. I understand from the Dublin north business planning. In these circumstances, even if east drugs task force, in whose area the project competing priorities facilitated Exchequer invest- in question is situated, that it has not received a ment in Aer Lingus, the possibility of an invest- funding application from this group. However, ment being made by the Government as and the group is welcome to forward an application when needed without raising state aid concerns to the task force for assistance from the premises would be far less certain than would be the case initiative fund. In addition, the group is also wel- if the company could access investment through come to apply under my Department’s prog- the equity markets. ramme of grants for locally-based community and voluntary organisations, which will be advertised Grant Payment. in the coming months. 529. Mr. Ring asked the Minister for Com- 532. Mr. Durkan asked the Minister for Com- munity, Rural and Gaeltacht Affairs when a per- munity, Rural and Gaeltacht Affairs if he intends son (details supplied) in County Westmeath who to offer realistic funding to assist the national is working on a rural social scheme will be drugs strategy; and if he will make a statement on awarded the adult dependent allowance for his the matter. [11087/06] spouse. [10149/06] 534. Mr. Durkan asked the Minister for Com- Minister for Community, Rural and Gaeltacht munity, Rural and Gaeltacht Affairs his views on ´ ´ Affairs (Eamon O Cuı´v): My Department has substantially increasing financial support to com- checked with Westmeath Community Develop- munities combating drug abuse; and if he will ment Limited — the relevant implementing body make a statement on the matter. [11089/06] — and I confirm that the adult dependent allow- \ ance of 110 weekly is due to be paid to the per- 539. Mr. Durkan asked the Minister for Com- son in question this week. Payment of the allow- munity, Rural and Gaeltacht Affairs if he is satis- ance will be back dated to week ending 24 fied that he is providing sufficient funding to the February 2006. various groups or bodies involved in combating drug abuse; and if he will make a statement on Ce´anna agus Cliafoirt. the matter. [11094/06] 530. D’fhiafraigh Mr. McGinley den Aire Gno´ - thaı´ Pobail, Tuaithe agus Gaeltachta an bhfuil Minister of State at the Department of Com- iarratas ina Roinn maidir le hobair a dhe´anamh munity, Rural and Gaeltacht Affairs (Mr. N. ar Che´ Thamhnaigh, Cill Cha´rtha, an dtabhar- Ahern): I propose to take Questions Nos. 532, faidh se´ cuntas ar an obair ata´ molta a dhe´anamh, 534 and 539 together. meastacha´n ar an chostas, an bhfuil deontas cea- My Department has overall responsibility for daithe, me´id an deontais; agus an nde´anfaidh se´ co-ordinating the implementation of the National ra´iteas ina thaobh. [10221/06] Drugs Strategy 2001-2008. The strategy contains 108 individual actions, under the five pillars of Minister for Community, Rural and Gaeltacht supply reduction, prevention, treatment, rehabili- Affairs (E´ amon O´ Cuı´v): Ta´ iarratas ar dheontas tation and research, to be implemented by a o´ Chomhairle Chontae Dhu´ n na nGall chun oib- range of Departments and agencies. My Depart- reacha feabhsu´ cha´in e´agsu´ la a chur i gcrı´ch ag ment also has responsibility for the work of the Ce´ibh an Tamhnaigh, Cill Cha´rtha, a´ mheas ag 14 local drugs task forces, LDTFs, which were mo Roinnse faoi lathair. Teastaı´onn o´ n gCom- established in the areas experiencing the worst hairle na ha´iseanna ag an gce´ibh a uasghra´du´ levels of drug misuse, particularly heroin, and for agus ta´ costas measta de \70,000 curtha ar na the work of the ten regional drugs task forces which were established in those areas not covered hoibreacha ata´ i gceist. De´anfear cinneadh sa \ cha´s chomh luath agus is fe´idir. by a LDTF. More than 125 million has been allocated to the LDTFs to implement their two rounds of local action plans. A further \13.66 mil- National Drugs Strategy. lion has been allocated to capital projects under 531. Mr. F. McGrath asked the Minister for the LDTF premises initiative, which is designed Community, Rural and Gaeltacht Affairs if finan- to meet the accommodation needs of community cial assistance will be given to a local drugs group based drugs projects. 1469 Questions— 21 March 2006. Written Answers 1470

In addition, approximately \99 million has strategy across a range of Departments and agen- been allocated to support the work of the young cies is co-ordinated by my Department. The mid- people’s facilities and services fund in LDTF term review of the national drugs strategy was areas and four other urban centres. The main aim published in June 2005. This report was the cul- of the fund is to attract “at risk” young people in mination of a comprehensive review, which disadvantaged areas into recreational facilities included extensive consultation with Depart- and activities and divert them away from the dan- ments and agencies, the community and volun- gers of substance misuse. A sum of \5 million has tary sectors and the public. I am pleased the been allocated to enable the RDTFs to kick start review steering group found that the current aims the implementation of their regional plans and I and objectives of the drugs strategy are funda- envisage that this sum will rise incrementally over mentally sound. the coming years to an annual allocation of more There have been encouraging signs of progress than \12 million. over the past few years — be it in the areas of The Deputy will be pleased to know that the drug seizures, the expansion of treatment current year’s allocation available to my Depart- services, prevention programmes in schools or the ment for expenditure on drugs issues is \43 mil- establishment of the regional drugs task forces. lion, which represents a substantial 37% increase While not underestimating the scale of the prob- on the 2005 initial allocation and a huge increase lem, I am confident that we will continue to make of 61% on the 2004 figure. Tackling the drug progress through a process of co-operation and problem is a key Government priority and appro- partnership. priate resources will continue to be allocated for that purpose. Question No. 534 answered with Question No. 532. 533. Mr. Durkan asked the Minister for Com- munity, Rural and Gaeltacht Affairs the extent to Departmental Programmes. which he or his Department have monitored the 535. Mr. Durkan asked the Minister for Com- increase in drug abuse; his proposals to combat munity, Rural and Gaeltacht Affairs his plans to the problem; and if he will make a statement on expand, extend or replace the RAPID prog- the matter. [11088/06] ramme; and if he will make a statement on the matter. [11090/06] Minister of State at the Department of Com- munity, Rural and Gaeltacht Affairs (Mr. N. Minister for Community, Rural and Gaeltacht Ahern): The national advisory committee on Affairs (E´ amon O´ Cuı´v): As I have stated pre- drugs and the drug and alcohol information and viously, the new, refocused RAPID programme research unit, Northern Ireland, commissioned provides a long-term model to support the first drug prevalence survey, the purpose of disadvantaged communities and it is my view that which was to establish the population prevalence the programme should continue into the future. of drug use on the island of Ireland, in 2002-03. This study surveyed more than 8,000 people aged 536. Mr. Durkan asked the Minister for Com- between 15 and 64 in Ireland and Northern munity, Rural and Gaeltacht Affairs the extent to Ireland between October 2002 and April 2003 which he has addressed the issue of rural depopu- and examined the prevalence of a number of lation with particular reference to his previously drugs. expressed views regarding the effect of planning Expressions of interest from potential tender- regulations on rural populations; and if he will ers have been sought for a second population make a statement on the matter. [11091/06] drug prevalence survey. It is intended that the drug prevalence study fieldwork will be carried 538. Mr. Durkan asked the Minister for Com- out from late 2006 to mid-2007. Preliminary munity, Rural and Gaeltacht Affairs the expendi- analysis will be in the months following, with a ture for the year ending 31 December 2005 under first report of national prevalence figures and the CLA´ R programme; his proposals for expan- trends expected in late 2007. As we have the sion in the current year; and if he will make a baseline information in place from the first sur- statement on the matter. [11093/06] vey, the findings of this survey should prove very informative, giving valuable information on Minister for Community, Rural and Gaeltacht trends that can feed into drugs policy formulation Affairs (E´ amon O´ Cuı´v): I propose to take Ques- going forward. tions Nos. 536 and 538 together. I am confident the existing framework can The strategic goal of my Department on rural facilitate the recognition and tackling of growth development is to promote and maintain living in the use of illegal drugs. The National Drugs and working populations in rural areas by helping Strategy 2001-2008 addresses the problem of drug to foster sustainable and culturally vibrant com- misuse across a number of pillars — supply munities. Through the CLA´ R programme, my reduction, prevention, treatment, rehabilitation Department continues to address depopulation, and research — and implementation of the as well as the decline and lack of services in rural 1471 Questions— 21 March 2006. Written Answers 1472

´ ´ [Eamon O Cuı´v.] lished earlier in the year and which can broadly areas. The programme funds or co-funds, be broken down as follows: together with other Departments, State agencies and local authorities, investment in selected 2005 (Provisional priority developments. These investments sup- Outturn) port physical, economic and social infrastructure across a wide range of measures and reflect the \ million priorities identified by the communities. In 2005, An Ghaeilge agus an Ghaeltacht 88.393 expenditure under the programme amounted to Community Affairs 146.593 \13.443 million. I am considering a review of the CLA´ R areas. Rural Affairs 73.893 In this regard, I have commissioned a further Other Services 30.054 analysis based on the 2002 population census data Administration 15.571 to assist me in examining this matter. Until the review is complete and the results analysed, I Expenditure within these programme areas takes cannot say what, if any, expansion will be made place across a wide range of schemes and projects to the programme. My Department also funds a countrywide, descriptions of which are available range of other programmes including the Leader on my Department’s website at www.pobail.ie.It programme, the rural social scheme and Gael- is not possible to give a county by county break- tacht and island schemes, which address rural down as many schemes operate across county depopulation in a general way through key inter- boundaries. It is the practice of both my col- ventions and supports. Information on these league, the Minister of State at the Department programmes is available on my Department’s of Community, Rural and Gaeltacht Affairs, website at www.pobail.ie. Deputy Noel Ahern, and myself to make details The rural settlement policy framework set out of all announcements relating to grant approvals in the national spatial strategy aims to sustain and and other expenditure-related decisions under renew established rural communities while these programmes available on the Department’s strengthening the structure of villages and smaller website. If the Deputy would like information on settlements to support local economies. The a particular scheme, I would be glad to provide guidelines for planning authorities on sustainable details to him. rural housing published by my colleague, the Minister for the Environment, Heritage and Local Government, provide a more detailed Departmental Programmes. framework for planners, based on the national 541. Mr. Durkan asked the Minister for Com- spatial strategy’s comments on rural housing munity, Rural and Gaeltacht Affairs the criteria policy. The policy framework provided by these for qualification for the various schemes run by initiatives addresses many of my concerns on his Department; if these criteria have been met rural housing and complements my Department’s in all cases; and if he will make a statement on strategic vision for rural communities. the matter. [11096/06]

Question No. 537 answered with Question Minister for Community, Rural and Gaeltacht No. 83. Affairs (E´ amon O´ Cuı´v): My Department funds a wide range of programmes, including measures Question No. 538 answered with Question in support of communities, both urban and rural, No. 536. disadvantaged youth and the Irish language. Full details on such programmes are available on the Question No. 539 answered with Question Department’s website, www.pobail.ie, and the No. 532. qualification criteria are published in my Depart- ment’s FOI section 16 manual, which is also avail- Grant Payments. able on my Department’s website. Applications 540. Mr. Durkan asked the Minister for Com- would fall for consideration within the framework munity, Rural and Gaeltacht Affairs the moneys of criteria for such programmes. I would be awarded by his Department by way of grant or happy to provide the Deputy, on request, with other support in the year ending 31 December additional information on any specific prog- 2005 on a county basis; and if he will make a ramme which he feels may be of particular statement on the matter. [11095/06] relevance.

Minister for Community, Rural and Gaeltacht Farm Retirement Scheme. Affairs (E´ amon O´ Cuıv): The gross expenditure ´ 542. Mr. P. Breen asked the Minister for Agri- allocation for my Department in 2005 was culture and Food the reason a person (details \354.504 million. Details of the allocations to supplied) in County Clare is not in receipt of the individual programme areas are included in the full early retirement pension; and if she will make Revised Estimates Volume 2005, which was pub- a statement on the matter. [10259/06] 1473 Questions— 21 March 2006. Written Answers 1474

Minister for Agriculture and Food (Mary Minister for Agriculture and Food (Mary Coughlan): This relates to income tax. My Coughlan): Matters relating to water quality are Department has only recently received a notice in the first instance the responsibility of the Mini- of tax credits for the person named; up to then, it ster for the Environment, Heritage and Local was obliged to deduct tax from his pension at the Government. When water quality issues arise that emergency rate. The appropriate adjustments will relate to agriculture, my Department co-operates be made at the end of March 2006 and if too fully with the Department of the Environment, much tax has been deducted it will be refunded Heritage and Local Government in addressing to him. them.

Sugar Beet Industry. Grant Payments. 543. Mr. Lowry asked the Minister for Agri- 545. Mr. P. Breen asked the Minister for Agri- culture and Food her views on the total cessation culture and Food the reason a person (details of beet production in County Tipperary; the supplied) in County Clare did not receive the sin- measures she will put in place for Tipperary beet gle farm payment. [10046/06] growers who are forced out of business in 2006; and if she will make a statement on the Minister for Agriculture and Food (Mary matter. [10031/06] Coughlan): The person named established 4.80 entitlements under the single payment scheme, with a net value of \885.74. A single payment Minister for Agriculture and Food (Mary application was received on 16 May 2005. The Coughlan): The recent decision by Greencore to person named did not declare any hectares on his discontinue sugar production was a commercial application form. Under the relevant EU legis- decision by the company having regard to the cur- lation, in order to draw down payment in respect rent situation on the sugar market and the agree- of single payment entitlements, an applicant must ment on reform of the EU sugar regime. declare an eligible hectare to accompany each The agreement on reform of the EU sugar entitlement. This requirement was set out clearly regime provides for compensation to beet grow- in the documentation supplied to farmers on a ers of up to 64% of the reduction in the minimum number of occasions. price for beet. This compensation, which will be However, the submission of the application incorporated in the existing single payment form means that the person named has activated \ scheme, is worth approximately 123 million to his entitlements and these will not be surrendered Irish beet growers over the next seven years. to the national reserve. If the person named is The agreement also provides for compensation actively farming and declares sufficient lands on by way of a restructuring scheme in the event of his 2006 single payment application, he will be in a decision to cease sugar production. Under this a position to claim full entitlements for this year. scheme, a restructuring fund becomes available for the economic, social and environmental costs 546. Mr. Crawford asked the Minister for Agri- of restructuring of the sugar industry including culture and Food when a person (details factory closure and renunciation of quota. In supplied) in County Monaghan whose herd was Ireland’s case, this would be worth up to \145 depopulated in February 2004, had his herd million. The fund is subject to the submission of number removed and replaced by a new one in a detailed restructuring plan for the industry. The April 2004, will be awarded his single payment agreement provides that at least 10% of the due on 1 December 2005; if her attention has restructuring fund shall be reserved for sugar beet been drawn to the fact that her Department has growers and machinery contractors. That pro- threatened to remove the single payment entitle- portion may be increased by member states after ments; and if she will make a statement on the consultation of interested parties, provided that matter. [10081/06] an economically sound balance between the elements of the restructuring plan is ensured. Minister for Agriculture and Food (Mary The reform agreement also provides for diver- Coughlan): An official of my Department has sification funds, which would be worth almost \44 been in direct contact with the person named, fol- million to Irish growers in the event that sugar lowing which the documentation necessary to beet production completely ceases. allow transfer of entitlements has been received. Payment under the single payment scheme will Water Quality. issue shortly, following processing of this docu- mentation. 544. Mr. F. McGrath asked the Minister for While the entitlements established by the per- Agriculture and Food her views on the concerns son named were established under the old herd of many citizens about nitrates, pollution and its number, the 2005 SPS application submitted by effects on lakes, rivers and land here; and if she him was under the new herd number, thus the will make this a priority issue. [10032/06] necessity for an administrative transfer of the 1475 Questions— 21 March 2006. Written Answers 1476

[Mary Coughlan.] Appointments to State Boards. entitlements from the old to the new herd 549. Mr. Connolly asked the Minister for Agri- number. culture and Food the gender breakdown of nomi- I am anxious that farmers are given every nees of farming organisations to the boards of opportunity to activate their entitlements, hence statutory bodies under her Department’s remit; the letter referred to by the Deputy, which sug- and if she will make a statement on the gested that entitlement holders who appeared not matter. [10114/06] to have submitted an application under the 2005 single payment scheme might forfeit those Minister for Agriculture and Food (Mary entitlements to the national reserve. In this spec- Coughlan): In relation to the membership of the ific case, the transfer referred to above will State boards which come under the aegis of my resolve the situation and, therefore, the entitle- Department, all representatives of the farming ments in question will not be lost to the national organisations, whether nominated or elected, are reserve by the person named. male.

547. Mr. Kenny asked the Minister for Agri- Departmental Services. culture and Food if a forestry grant can be applied for on-line; and if she will make a state- 550. Mr. Kenny asked the Minister for Agri- ment on the matter. [10089/06] culture and Food if area aid applications can be accessed on-line; and if she will make a statement on the matter. [10126/06] Minister for Agriculture and Food (Mary Coughlan): The new IFORIS system for the pro- Minister for Agriculture and Food (Mary cessing of forestry grant and premium appli- Coughlan): E-services is the electronic service of cations will incorporate many on-line features the Department of Agriculture and Food. There such as the submission of digital maps and the are a number of e-services available to clients at automatic calculation of areas which will help present which can be accessed via the Depart- streamline and simplify the application process. ment website at www.agriculture.gov.ie. Form 2 and form 3, which are the application IMap/SPS provides access, from 2001 onwards, forms for first and second instalments of grants once the applications are fully processed, to the respectively, will be issued partially pre-filled and single payment scheme or area aid scheme infor- will be scanned into IFORIS when completed. mation, including: summary application details, These forms will also be available for download parcel details and arable payment inquiry; docu- from the Department’s website. ment inquiry showing scanned images of area aid Additional on-line features to further enhance correspondence with the Department, all of the ease of use of the system are being examined which may be printed; colour mapping for land at present. parcels, which also may be printed; and payment details. Genetically Modified Organisms. AIM provides access to the animal identifi- cation and movement system, including: calf birth 548. Mr. Connolly asked the Minister for Agri- registration facility, which allows for registration culture and Food her views on the possible of calf births on-line; herd profile inquiry, which impact on the organic farming industry of the gives details of animals in the herd on CMMS, as five-year test programme of genetically engine- well as movements in and out of the herd; and a ered potatoes due to commence in March 2006 in compliance certificate facility, which allows for Summerhill, County Meath; and if she will make on-line application for CMMS compliance certifi- a statement on the matter. [10111/06] cates, which are required for certain animal movements. Minister for Agriculture and Food (Mary Future developments currently being examined Coughlan): The test programme referred to is the by officials of my Department include facilities to subject of an application to the Environmental allow farmers apply on-line for the single pay- Protection Agency in accordance with Part B of ment scheme and to allow farmers to check the EU Directive 2001/18/EC on the deliberate ten-month end date for individual parcels, on- release of GMOs into the environment as trans- line. It is expected that this latter facility will be posed into Irish legislation by the Genetically available shortly, while it is hoped that the on- Modified Organisms (Deliberate Release) Regu- line application facility will be available for the lations 2003. The EPA is designated by the Mini- 2007 scheme. ster for the Environment, Heritage and Local I strongly encourage clients of my Department Government as the competent authority under to register on the web site, www.agriculture. these regulations. gov.ie, for existing and future services by clicking While my Department is responsible for on the e-services icon and following the simple developing coexistence arrangements between instructions. Farmers can also contact the e- authorised GM and non-GM crops, it has no role services helpdesk, lo-call number 1890 252 118, with regard to experimental trials of this nature. to register over the phone or to obtain a paper 1477 Questions— 21 March 2006. Written Answers 1478 application. Applicants are provided with a per- the numbers and details of cattle in bovine herds. sonal access code, PAC, and password, for secure The CMMS is also used to systematically identify interaction with the Department. Once a client cattle to be traced and tested for BSE purposes, has registered for e-services, he or she will have to assist in veterinary certification for third coun- access to all new facilities introduced by the try markets and as an integral part of the ante- Department that are applicable to his or her mortem process at factories and for pre-clearance enterprise. As well as providing on-line facilities, of live exports. the Department will also make facilities available In keeping with the e-Government strategy of using mobile phone technology in the future, as facilitating better citizen access and interaction part of our ongoing commitment to the improve- with the public service it is proposed at a later ment of our customer services. stage to allow farmers electronic access to infor- mation on this system relating to their herds. The Disease Eradication Schemes. Deputy will be aware that farmers can view 551. Mr. Kenny asked the Minister for Agri- details of their bovine herd on-line via the animal culture and Food the progress made by her identification and movement, AIM, system by Department in the development of systems to logging on to the Department’s website, support disease eradication schemes incorporat- www.agriculture.gov.ie/es and accessing e- ing on-line access for veterinary practitioners and services, the electronic service of the Depart- subsequently catering for farmer access; and if ment. The on-line herd profile inquiry facility will she will make a statement on the matter. allow farmers to view on-line details of their [10127/06] cattle herd profiles as well as movements into and out of herds. The facility to register calf births Minister for Agriculture and Food (Mary on-line through the Department’s website is also Coughlan): My Department completed the roll available. Farmers may also complete appli- out of a new animal health computer system in cations on-line for compliance certificates for February 2005. The system is operational in all of farm to farm sales. the Department’s district veterinary offices, rel- The Department also supplies herd profiles to evant laboratories and headquarters. farmers on a regular basis which enable them to This new computer system is an essential ensure that notifications to the database are up- element in supporting the Department’s various to-date. animal health and welfare activities and brings the benefits of modern technology to the admini- Grant Payments. stration of the Department’s various prog- rammes. The system is principally being used for 552. Mr. Ring asked the Minister for Agri- the management of the TB and brucellosis eradi- culture and Food when a person (details cation schemes at present — the Department car- supplied) in County Mayo will receive payment ries out some 9 million TB tests and some 5 mil- from her Department due to the fact that they lion brucellosis tests annually. Subsequent phases gave up supplying milk. [10150/06] of the system will see it extended to deal with other bovine health programmes as well as dis- Minister for Agriculture and Food (Mary ease programmes in pigs, sheep and poultry sec- Coughlan): There is a provision in the national tors. It has recently been extended to facilitate reserve, category C, which caters for farmers, who the creation of a national database of all keepers between 1 January 2000 and 19 October 2003, of domestic poultry and captive birds as part of sold the milk quota into the milk quota restruc- the Department’s response to the threat of an turing scheme and converted their enterprise to a outbreak of avian influenza. Further enhance- farming sector for which a direct payment under ments will be made to the system on a modular livestock premia or arable aid schemes would basis. have been payable during the reference period The system provides on-line access to the 2000 to 2002. Department’s database for private veterinary My Department has no record of an appli- practitioners in the context of the disease eradi- cation to the national reserve from the person cation schemes and allows the Department and named. I will make arrangements to have an practitioners to exchange data electronically. The system has proved to be very successful. It is application form for the national reserve issued actively used by more than 900 private veterinary to the person named. practitioners in approximately 400 practices throughout the country. These practitioners 553. Mr. Hayes asked the Minister for Agri- account for about 95% of all testing conducted culture and Food when payment will issue to a under the TB and brucellosis eradication person (details supplied) in County Tipperary schemes. under the single payment national reserve The cattle movement monitoring system, scheme; and if they are entitled to an additional CMMS, complements the AHCS in relation to payment under the single payment force majeure TB and brucellosis testing by providing a list of in view of their spouse’s illness. [10159/06] 1479 Questions— 21 March 2006. Written Answers 1480

Minister for Agriculture and Food (Mary examining farm incomes and these, along with Coughlan): The person named submitted an recent trends, are explained in the Annual application for an allocation of entitlements from Review and Outlook for Agriculture and Food the single payments scheme national reserve 2004-2005 which is available on my Department’s under category C. web-site at www.agriculture.gov.ie. Category C caters for farmers who, between 1 The table shows the two most common January 2000 and 19 October 2003, sold their approaches to examining farm income: operating milk quota into the milk quota restructuring surplus — which measures aggregate farm scheme and converted their enterprise to a farm- income at national level and family farm income ing sector for which a direct payment under live- — which provides an estimate of average income stock premia or arable aid schemes would have per farm. Given dependence on weather, market been payable during the reference period 2000 performance and a broad range of other factors, to 2002. farm incomes fluctuate from year to year. The position is that over 23,000 applications for However, direct payments have provided a sta- an allocation of entitlements from the national bilising effect. reserve were received when account is taken of farmers who applied under more than one cate- Year Operating Surplus (\m) Family Farm Income gory. Processing of these applications is continu- (Source: CSO) \/farm ing and the intention is to make allocations to (Source: NFS) successful applicants at the earliest opportunity. My Department will be in touch with individual 1995 2,436 14,236 applicants as soon as their applications are fully 1996 2,486 13,866 processed. Formal letters setting out my Depart- 1997 2,297 14,042 ment’s decision will be issued. 1998 2,293 13,442 The person named submitted an application for 1999 2,010 11,088 consideration of circumstances under the force majeure measure of the single payment scheme 2000 2,224 13,499 on 29 October 2004. Having been notified that 2001 2,249 15,840 the circumstances outlined by him did not satisfy 2002 2,092 14,917 the criteria for force majeure, exceptional circum- 2003 2,153 14,765 stances, under Article 40 of Council Regulation 2004 2,225 15,557 (EC) No. 1782/2003, the person named submitted 2005 2,765 an appeal to the single payment appeals committee. Following a full examination of the circum- stances outlined in the appeal, the single payment Live Exports. appeals committee made a recommendation and 555. Mr. Connolly asked the Minister for Agri- a letter issued to the person named on 1 culture and Food her plans to ensure that December 2005. The findings of the appeals com- mittee were that the original decision taken by adequate shipping capacity is provided at peak my Department should be upheld. The decisions periods for the export of excess quantities of live of the single payment unit and the single payment calves to continental Europe; and if she will make appeals committee were based on the fact that a statement on the matter. [10174/06] the TB depopulation predated the reference years by such a period as to have allowed the per- Minister for Agriculture and Food (Mary son named time to restock before the commence- Coughlan): My Department’s function in the ment of the reference period. transport of livestock by sea is to approve vessels However, following these decisions my Depart- based on statutory requirements regarding the ment received additional information and medi- protection of animal welfare. The actual pro- cal evidence from the person named regarding vision of such services is a commercial matter. the circumstances of this case. This information is Approval for the carriage of livestock on roll- currently being examined and a full response will on roll-off vessels is considered on a case-by-case issue shortly. basis, having regard to the characteristics of the individual vessel, whereas there are specific statu- tory requirements which apply across the board Farm Household Incomes. where dedicated livestock vessels are concerned. Over the years, my Department has approved a 554. Mr. Connolly asked the Minister for Agri- number of dedicated and roll-on roll-off vessels culture and Food the situation in relation to farm and works closely with applicant companies for incomes since 1995 on a yearly basis; and if she approval to ensure that the conditions aboard will make a statement on the matter. [10173/06] such vessels are consistent with national and EU animal welfare requirements. Indeed, a vessel Minister for Agriculture and Food (Mary currently approved by my Department for the Coughlan): There are a number of approaches to carriage of livestock was inspected last week for 1481 Questions— 21 March 2006. Written Answers 1482 the carriage of two additional livestock units and 557. Mr. Walsh asked the Minister for Agri- underwent a successful trial voyage. culture and Food if payment of the single pay- The live export trade provides a valuable outlet ment scheme 2005 will be awarded to a person for categories of younger animals and a degree of (details supplied) in County Cork. [10240/06] competition, thereby sustaining prices. My Department will continue to discharge its Minister for Agriculture and Food (Mary responsibilities in the live trade by ensuring that Coughlan): As there is no record of the receipt of any such applications are dealt with in a thor- an application form from the person named ough, professional and efficient manner and that under the 2005 single payment scheme, an official our animal health status continues to allow pro- of my Department has been in direct contact with him in an attempt to clarify matters. ducers to have access to markets in the EU and elsewhere. 558. Mr. Walsh asked the Minister for Agri- The Government’s consistent position on live culture and Food if payment of single farm pay- exports has been that they provide a vital and ment and area based compensation will be made legitimate market outlet for the livestock sector. to a person (details supplied) in County Cork. The role of the Government in the promotion [10257/06] and preservation of any commercial trade is to create an environment in which it can be carried Minister for Agriculture and Food (Mary on in an economic and sustainable manner and Coughlan): The person named is not the regis- which allows it to make the maximum possible tered herd owner in this case. An application contribution to the national economy. In the case under the 2005 single payment scheme was of live exports, the preservation of the animal received from the registered herd owner on 11 health status of the country, the international May 2005. reputation of its veterinary certification services Under EU legislation, in order to draw down and the existence and application of a framework, his or her full single payment, an applicant must which ensures that good standards and welfare declare an eligible hectare to accompany each considerations are taken into account, are all key entitlement. This requirement was set out clearly elements. In each of these areas, our record is in the documentation supplied to farmers. exemplary. Ultimately, the transport of live ani- While the registered herd owner had estab- mals is a commercial matter and there are lished 23.42 entitlements during the reference sufficient numbers of approved vessels to provide period, a total of 16.13 eligible hectares were a service if the commercial demand exists. declared on the single payment application sub- mitted. The payment, which issued on 1 December 2005, was calculated on the basis of Grant Payments. the declared area. Under the disadvantaged area 556. Mr. P. Breen asked the Minister for Agri- scheme, an advance payment issued on 23 culture and Food the reason there was a September 2005 and the balancing payment reduction in headage payments for 2005 regard- issued on 17 November 2005. ing a person (details supplied) in County Clare; The registered herd owner submitted an appli- and if she will make a statement on the cation for an allocation of entitlements from the matter. [10209/06] single payment scheme national reserve under category B. Category B caters for farmers who, Minister for Agriculture and Food (Mary between 1 January 2000 and 19 October 2003, Coughlan): Under EU legislation, in order to made an investment in production capacity in a draw down the full single payment, an applicant farming sector for which a direct payment under must declare an eligible hectare to accompany livestock premia and-or arable aid schemes would each entitlement. This requirement was set out have been payable during the reference period 2000 to 2002. Investments can include purchase clearly in the documentation supplied to farmers or long-term lease of land, purchase of suckler on a number of occasions. While the person and-or ewe quota or other investments. named established 19.25 entitlements, the single The position is that over 23,000 applications for payment scheme application form received on 13 an allocation of entitlements from the national May 2005 declared 19.19 forage hectares. Pay- reserve were received when account is taken of \ ment amounting to 382.15 that issued on 1 farmers who applied under more than one cate- December 2005 was, therefore, based on 19.19 gory. Processing of these applications is continu- hectares. ing and the intention is to make allocations to The person named was ineligible for payment successful applicants at the earliest opportunity. under the 2005 disadvantaged areas scheme as a My Department will be in touch with individual check on the animals on the holding showed that applicants as soon as their applications are fully the minimum stocking density of 0.15 livestock processed. Formal letters setting out my Depart- units per forage hectare was not satisfied. ment’s decision will be issued. 1483 Questions— 21 March 2006. Written Answers 1484

559. Mr. P. Breen asked the Minister for Agri- (details supplied) in County Galway; and if she culture and Food the reason the single payment will make a statement on the matter. [10304/06] entitlements for a person (details supplied) in County Clare were not transferred to the new Minister for Agriculture and Food (Mary owner; and if she will make a statement on the Coughlan): My Department has no record of matter. [10295/06] receiving a 2005 single payment application from the person named. Minister for Agriculture and Food (Mary Coughlan): My Department recently wrote to 562. Mr. Connaughton asked the Minister for over 10,000 holders of entitlements under the sin- Agriculture and Food the reason a single farm gle payment scheme who did not appear to have payment in the name of a person (details applied under the scheme in 2005 in an effort to supplied) in County Galway has not been ensure that any such person did not lose the awarded; and if she will make a statement on the entitlements to the national reserve, without first matter. [10305/06] being afforded a final opportunity to use them. The letter from my Department, addressed to Minister for Agriculture and Food (Mary the late uncle of the new owner was about a Coughlan): The person named submitted an residual sum of \542.00 for entitlements estab- application requesting consideration under the lished before the transfer of lands took place in inheritance provisions of the single payment 2000. These entitlements have now been trans- scheme. Following processing of her application ferred to the new owner. A supplementary pay- she was requested on 16 March 2006 to submit ment will issue to him in the near future. supporting documentation — a copy of the grant of probate, or letters of administration. Upon 560. Mr. Connaughton asked the Minister for receipt of this documentation, my Department Agriculture and Food the position regarding an will be in a position to notify the applicant of the application under force majeure for the single decision taken in this case, and issue the single payment if appropriate. farm payment by a person (details supplied) in County Galway; if her attention has been drawn to the fact that the person had a heart bypass 563. Mr. Hayes asked the Minister for Agri- culture and Food when payment will issue to a operation in 1998 which subsequently caused person (details supplied) in County Tipperary them to have a much lower number of suckler under the single payment scheme. [10341/06] cows for the reference years; and if she will make a statement on the matter. [10302/06] Minister for Agriculture and Food (Mary Coughlan): The person named successfully Minister for Agriculture and Food (Mary applied under the inheritance measure of the sin- Coughlan): The person named submitted an gle payment scheme. The payment, which issued application under the force majeure measure of to her on 1 December 2005, reflected the the 2005 single payment scheme. Following pro- amended position after the transfer by way of cessing of this application, including the medical inheritance. My Department is now arranging to circumstances outlined, force majeure was transfer the remaining entitlements to her granted and the reference year 2002 was omitted Tipperary herd number as requested by the per- from the calculation of the single payment. son named. However, this measure would only be applied where it proved beneficial to the value of the 564. Mr. Hayes asked the Minister for Agri- entitlements. In this case the omission of the year culture and Food when payment will issue to a 2002 from the calculation did not prove person (details supplied) in County Tipperary beneficial. under the single payment scheme. [10342/06] The person named held a suckler cow quota of ten units during the reference years 2000-2002 Minister for Agriculture and Food (Mary and also in the earlier reference period 1997-1999. Coughlan): The person named submitted a Full payment issued in respect of this quota dur- private contract clause application by way of a ing both reference periods. The force majeure lease agreement under the 2005 single payment measure of the single payment regulation does scheme. This private contract clause has been suc- not provide for the allocation of additional cessfully processed and entitlements concerned entitlements in respect of the suckler cow quota have been transferred out. that a producer aspired to but failed to achieve regardless of the circumstances. 565. Mr. Deenihan asked the Minister for Agri- culture and Food when a person (details 561. Mr. Connaughton asked the Minister for supplied) in County Kerry will receive a payment Agriculture and Food the reason the single farm under the single payments scheme; and if she will payment has not been awarded to a person make a statement on the matter. [10361/06] 1485 Questions— 21 March 2006. Written Answers 1486

Minister for Agriculture and Food (Mary The person named should contact her local tax Coughlan): An application under the 2005 single office in order to obtain a notice of tax credits. payment scheme was received from the person When my Department receives the notice, it will named on 14 April 2005. However, as the SPS make the appropriate adjustments and if too entitlements established during the reference much tax has been deducted it will be refunded period were established in the joint names of the to her. person named and her late husband, it was neces- sary that an administrative transfer be effected, Freedom of Information. in order to record the entitlements in the sole name of the person named, thereby allowing full 569. Mr. Coveney asked the Minister for Agri- payment to issue. While an initial payment of culture and Food the reason Coillte is refusing to \1,579.53 issued on 14 February 2006, a sup- answer questions put to it under the Freedom of plementary payment, representing the full Information Act 1997 since the Government is balance due, will issue shortly. the only shareholder in Coillte. [10402/06]

566. Mr. Crawford asked the Minister for Agri- Minister for Agriculture and Food (Mary culture and Food when a person (details Coughlan): Coillte Teoranta is not included as a supplied) in County Cavan will be awarded a sin- public body in the Freedom of Information Act gle payment and other moneys due; if there is a 1997 and accordingly is not covered by the pro- difficulty with the application; if so, when it will visions of that Act. The matter is under review be sorted; and if she will make a statement on the at present. matter. [10377/06] Grant Payments. Minister for Agriculture and Food (Mary Coughlan): The person named submitted an 570. Mr. Ring asked the Minister for Agri- application requesting consideration under the culture and Food when a person (details inheritance measure of the single payment supplied) in County Mayo will receive a sup- scheme on 17 November 2005. Following pro- plementary payment in respect of their extens- cessing of his application he was notified that his ification for 2005. [10412/06] request was successful and payment will issue to the applicant shortly. Minister for Agriculture and Food (Mary Coughlan): The person named received payment 567. Mr. N. O’Keeffe asked the Minister for in respect of extensification premium at the low Agriculture and Food if she will arrange payment rate of \40 per animal applied on based on a of installation aid in respect of a person (details stocking density level of 1.402 livestock units per supplied) in County Cork who has received their hectare. However, following recalculation of his tax clearance certificate and made details of same stocking density, it was reduced to less than 1.4 available to her Department. [10396/06] livestock units per hectare. This recalculation arose due to the withdrawal of ewe premium, Minister for Agriculture and Food (Mary which meant that the applicant was entitled to the Coughlan): The person concerned submitted an extensification premium higher rate of \80 per application for payment, IAS2, under the instal- animal. A payment of \120 issued on 26 May lation aid scheme on 1 March 2006. The appli- 2005 in respect of the three suckler cows applied cation is currently being examined within my on. An additional payment of \120 also issued on Department and the outcome will be notified to 8 July 2005 in respect of the difference between the person concerned in due course. the low and the high rate of extensification premium. Farm Retirement Scheme. A total of 35 animals were applied for under 568. Mr. N. O’Keeffe asked the Minister for the 2004 special beef premium scheme. However, Agriculture and Food the reason the rate of farm following the imposition of the quota cut in retirement pension for a person (details supplied) respect the overshoot of the 2004 beef quota, the in County Cork was reduced from \880 per number payable was adjusted to 27.9 animals. A \ month to \750 per month in February 2006. payment of 1,055.60 issued to the person named [10397/06] on 26 May 2005. A further payment amounting to \1,176.40 in respect of the difference between Minister for Agriculture and Food (Mary the low and high rate of extensification premium Coughlan): This has to do with income tax. My for the 27.9 special beef premium animals will Department has received no notice of tax credits issue shortly. The person named is also due for the person named. It is therefore legally \88.00 in respect of the national envelope in bound to deduct tax from her pension at the respect of 21 second age special beef premium emergency rate. animals, which will be paid shortly. 1487 Questions— 21 March 2006. Written Answers 1488

571. Mr. Ring asked the Minister for Agri- allocation of entitlements under whichever cate- culture and Food the reason a person (details gory is most beneficial to him. supplied) in County Mayo has not yet received The position is that over 23,000 applications for the single farm payment. [10413/06] an allocation of entitlements from the national reserve were received when account is taken of Minister for Agriculture and Food (Mary farmers who applied under more than one cate- Coughlan): The person named submitted an gory. Processing of these applications is continu- application under the inheritance measure of the ing and the intention is to make allocations to single payment scheme on 12 January 2006. The successful applicants at the earliest opportunity. application of the person named was successful My Department will be in touch with individual and payment will issue shortly. applicants as soon as their applications are fully processed. Formal letters setting out my Depart- 572. Mr. Ring asked the Minister for Agri- ment’s decision will be issued. culture and Food the reason a person (details supplied) in County Mayo did not receive the 574. Mr. Deenihan asked the Minister for Agri- dairy premium. [10432/06] culture and Food when payment under the single payment scheme will be awarded to a person Minister for Agriculture and Food (Mary (details supplied) in County Kerry; and if she will Coughlan): An application under the single pay- make a statement on the matter. [10451/06] ment scheme was received from the person named on 5 May 2005. Minister for Agriculture and Food (Mary An initial payment of \4,416.56 issued to the Coughlan): The person named submitted an person named on 1 December 2005 and a further application for consideration in respect of the payment will be issued shortly in respect of the dairy premium, as the application has now been inheritance measure of the single payment fully processed. scheme. Following processing of his application, he was notified that the entitlements were trans- ferred to him. Payment in respect of his single 573. Mr. Hayes asked the Minister for Agri- \ culture and Food if payment will issue to a person payment amounting to 256.58 issued on 1 (details supplied) in County Tipperary under the December 2005 and a supplementary payment \ single payment national reserve scheme. amounting to 1,280.78 was issued to the appli- [10434/06] cant on 2 February 2006.

Minister for Agriculture and Food (Mary Cross-Border Co-operation. Coughlan): The person named submitted an 575. Mr. Ferris asked the Minister for Agri- application for an allocation of entitlements from culture and Food the number of working groups the single payments scheme national reserve established in the past and agreed in the North- under categories A, B and D. South Ministerial Council to deliver on all Ireland Category A caters for farmers who inherited arrangements on animal and plant health and land or received land free of charge or for a nomi- movement of animals. [10460/06] nal sum from a farmer who had retired or died by 16 May 2005 and who had leased out his or 576. Mr. Ferris asked the Minister for Agri- her holding to a third party during the reference culture and Food the agreements or targets which period 2000-2002. were set out in the past by Ministers for Agri- Category B caters for farmers who, between 1 culture from the North of Ireland and the South January 2000 and 19 October 2003, made an investment in production capacity in a farming of Ireland within the North-South Ministerial sector for which a direct payment under livestock Council, relating to the free movement of animals premia and-or arable aid schemes would have within the island of Ireland. [10461/06] been payable during the reference period 2000 to 2002. Investments can include purchase or long 577. Mr. Ferris asked the Minister for Agri- term lease of land, purchase of suckler and-or culture and Food the work that any cross-Border ewe quota or other investments. working groups on animal health have been Category D caters for farmers who commenced engaged in; if arrangements have been put in farming after 31 December 2002 or who com- place for the free movement of animals within the menced farming in 2002 but who received no island; the action plan in place to have animals direct payments in respect of that scheme year. It moving freely within the island of Ireland by the should be noted however that the rules governing first week of June 2006, in view of the positive the single payment scheme stipulate that an appli- announcement on 8 March 2006 that the ban on cant who is found to be eligible under more than beef for live animals being exported has been one category in the reserve may only receive an removed. [10471/06] 1489 Questions— 21 March 2006. Written Answers 1490

Minister for Agriculture and Food (Mary It must also be recognised that the achievement Coughlan): I propose to take Questions Nos. 575 of such an all-island animal health strategy to 577, inclusive, together. involves complex dialogue and negotiation over a There is already a long history of co-operation range of areas between the Irish, Northern Irish between the administrations North and South on and British authorities. Ultimately, the agreement animal health issues. The administrations have of the European Union will be required. traditionally shared information at local and In addition, there has been a significant deep- national levels on disease control and surveillance ening and strengthening of co-operation, infor- issues and have worked together to combat illegal mation exchange and ongoing co-ordination movements of animals and animal products. The between the two administrations on a variety of foot and mouth disease emergency of 2001 is a issues such as FMD, BSE, avian influenza and testament to the extent of co-operation and con- cross-Border fraud while the farm animal welfare sultation that exists at official, ministerial and advisory council includes representation from the political levels. Likewise, both administrations Department of Agriculture and Rural Develop- are co-operating on measures relating to avian ment, DARD. The DARD was also represented influenza. at a recent meeting of the avian influenza advis- The establishment of the North-South Minis- ory group and will also be represented at future terial Council offered an opportunity to build on meetings of the group which indicates the collab- existing co-operation arrangements and provided orative approach taken by Dublin and Belfast to a framework for the development of an all-island challenges ahead. On cross-Border fraud, the two animal health policy. administrations have worked together success- The main objectives of the council are to foster fully in a number of joint enforcement actions co-operation and to devise a common, unified and ongoing exchanges of expertise and infor- animal health strategy for the island as a whole. mation are taking place. This involves the convergence of animal health In relation to the recent decision at EU level policies and the development of joint strategies to lift the BSE ban on exports from the United for dealing with animal diseases. The ultimate Kingdom, meetings have already taken place objectives are to establish a common import between our two administrations to ensure that regime and equivalent internal arrangements with procedures are in place in good time to avoid any a view to achieving free movement of animals and potential difficulties that may arise when trade animal products within the island. from Northern Ireland resumes. It is expected The programme of work mandated by the that the decision will come into effect in six to NSMC to agree a common animal health and wel- eight weeks. fare strategy for the island has been taken for- ward by nine working groups at official level. The Grant Payments. remit of these groups includes TB and brucellosis, TSEs, BSE and scrapie, veterinary medicines, 578. Mr. Ring asked the Minister for Agri- other zoonoses and animal diseases, disease sur- culture and Food when a supplementary payment veillance, animal welfare, import and export of reflecting the decoupled 2005 dairy premium will live animals and animal products, animal identifi- issue to a person (details supplied) in County cation, traceability and cross-Border aspects of Mayo as payment had been promised in a pre- fraud. vious reply. [10472/06] These working groups meet regularly and their work has focused on three main themes: common Minister for Agriculture and Food (Mary or equivalent controls at points of entry to the Coughlan): Payment issued to the person named island; convergence of internal animal health on 9 March 2006, by way of cheque, in respect of policies; and development of joint strategies for the decoupled dairy premium. the control of animal disease. The main achievements to date are the 579. Mr. Connaughton asked the Minister for development of a co-ordinated and complemen- Agriculture and Food the reason a single farm tary approach towards import policies and portal payment has not been made to a person (details controls at points of entry to the island, the con- supplied) in County Galway; if her attention has vergence of policies in regard to animal identifi- been drawn to the fact that all relevant docu- cation and scrapie and the strengthening of co- mentation concerning the inheritance of entitle- ordination and co-operation between both ments has been forwarded to her Department; administrations on a variety of issues such as and if she will make a statement on the FMD, BSE and cross-Border fraud. These groups matter. [10509/06] continue to report progress in exchange of infor- mation and in implementation of initiatives Minister for Agriculture and Food (Mary aimed at policy convergence and the develop- Coughlan): The person named submitted an ment of a common unified strategy for the island application requesting consideration in respect of as a whole. the inheritance measure of the single payment 1491 Questions— 21 March 2006. Written Answers 1492

[Mary Coughlan.] Revised standard costings will take account of scheme. Following processing of his application increases in the cost of steel and concrete and he was notified that his request was successful. other relevant items since the introduction of the Payment of \7,645.76 issued to him on 1 current standard costings in September 2004. December 2005, and a supplementary payment Changes in the technical specifications which amounting to \1,240.44 issued to the applicant on have taken place since then will also be taken into 16 March 2006. account. As a result, the variation in cost changes may be substantial from item to item. 580. Mr. Walsh asked the Minister for Agri- The confidentiality of these costings has always culture and Food if payment of the full amount of been safeguarded to prevent submission of the single farm payment will be made to a person inflated invoices and I propose to continue with (details supplied) in County Cork. [10561/06] this practice.

Minister for Agriculture and Food (Mary Milk Quota. Coughlan): The person named submitted an application under the single payment scheme on 583. Mr. Kehoe asked the Minister for Agri- 13 May 2005 to activate and use his entitlements. culture and Food the status of the application for Payment of \1,424.38 in respect of this appli- milk quota for a person (details supplied) in cation was issued on 1 December 2005. County Wexford; when a decision will be made; The herd owner recently applied to have his and if she will make a statement on the entitlements consolidated under the 2005 single matter. [10629/06] payment scheme. The entitlements have now been consolidated and a supplementary payment Minister for Agriculture and Food (Mary amounting to \1,195.27 will be issued shortly. Coughlan): I understand that the person submit- ted an application to the milk quota tribunal in 581. Mr. Walsh asked the Minister for Agri- the current quota year, seeking an allocation of culture and Food if payment of the single farm additional quota under the hardship category. He payment has been made to a person (details was successful in his application and received an supplied) in County Cork. [10562/06] allocation of 5,000 litres of additional milk quota from the national reserve, with effect from the Minister for Agriculture and Food (Mary 2005/2006 quota year and he has been notified Coughlan): Under EU legislation, in order to accordingly. draw down his or her full single payment, an applicant must declare an eligible hectare to Grant Payments. accompany each entitlement. This requirement was set out clearly in the documentation supplied 584. Mr. Ring asked the Minister for Agri- to farmers on a number of occasions. culture and Food the reason a person (details While the person named had established 46.77 supplied) in County Mayo has not received the entitlements during the reference period, the single farm payment. [10708/06] application received from him on 16 May 2005 declared a total of 37.92 eligible hectares. Minister for Agriculture and Food (Mary Therefore, the payment which issued to the Coughlan): An application under the inheritance person on 27 January 2006 represents the full measure of the single payment scheme was amount due, based on the area declared on his received from the person on 21 February 2006. single payment scheme application. Following examination of the application, the If the person named declares sufficient land on person was notified that she was unsuccessful, as his 2006 single payment application, he will be in she was not the beneficiary of the estate. a position to claim full entitlements in respect of An application form in respect of the trading the 2006 scheme year. of entitlements has issued to the correct benefici- ary for completion and return to my Department, 582. Mr. P. Breen asked the Minister for Agri- as the inheritance took place after 16 May 2005. culture and Food when she proposes to issue the revised national costings for the calculation of 585. Mr. Hayes asked the Minister for Agri- farm building grants to her staff; the percentage culture and Food when full payment will issue to increase which will apply; and if she will make a a person (details supplied) in County Tipperary statement on the matter. [10563/06] who has submitted all details as requested under the single payment scheme. [10827/06] Minister for Agriculture and Food (Mary Coughlan): Revised standard costings for the cal- Minister for Agriculture and Food (Mary culation of grants under my Department’s on- Coughlan): The person submitted an application farm investment schemes are being considered to activate and use his entitlements under the sin- at present. gle payment scheme on 27 April 2005. Payment 1493 Questions— 21 March 2006. Written Answers 1494 in respect of this application, a sum of \10,148.15 circumstances outlined did not fulfil the force was issued on 1 December 2005. majeure criteria laid down in Article 40 of However, the herd owner recently applied to Council Regulation (EC) No 1782/2003 and that, have his entitlements consolidated under the 2005 therefore, his application would not be accepted single payment scheme consolidation measure. by my Department. The entitlements have now been consolidated However, the person also submitted an appli- and a supplementary payment of \7,469.70 will cation for consideration in respect of the inherit- be issued shortly. ance measure of the single payment scheme. Fol- lowing processing of his application he was 586. Mr. Aylward asked the Minister for Agri- notified that it was successful. Payment will be culture and Food the reason for the delay in mak- issued shortly. ing REPS payment to a person (details supplied) in County Kilkenny. [10828/06] Departmental Programmes. 589. Mr. Naughten asked the Minister for Agri- Minister for Agriculture and Food (Mary culture and Food the funding provided by her Coughlan): Following receipt of a complaint to Department for the control of varroa in bees; the my Department in early October 2005 alleging funding specifically available to beekeepers to non-compliance with REPS by the person named, control the mite in question; and if she will make it was necessary for my Department to carry out a statement on the matter. [10881/06] an inspection. Owing to a clerical error the par- ticipant’s file was misdirected. Once it was Minister for Agriculture and Food (Mary retrieved an inspection was carried out on 12 Coughlan): Funding for research into the control December 2005. The participant’s REPS plan was of Varroa in honey bees has been the main found to be deficient. An amended plan was element of my Department’s apiculture requested and submitted, and payment issued to programme. him on 14 March 2006. From 2002 to 2004, a total of \138,800 was pro- vided to Teagasc towards the development of 587. Mr. Neville asked the Minister for Agri- integrated biological control methods under Irish culture and Food when 1.19 entitlements under conditions. Approval has been given for expendi- single payment scheme will be payable to a per- ture of a further \225,000 for the period from son (details supplied) in County Limerick. 2005 to 2007 for this research programme. The [10829/06] programme, which is drawn up in close collabor- ation with the Federation of Irish Beekeepers Minister for Agriculture and Food (Mary Associations, is aimed at devising an integrated Coughlan): The person submitted applications for management strategy involving the use of chemi- consideration in respect of both the new entrant cal and biotechnical methods and the deployment and inheritance measures of the single payment of Varroa resistant bees. The programme is 50% scheme. He was advised that he was ineligible to co-funded by the EU. No funding is provided to benefit from the transfer of entitlements by way individual beekeepers. of inheritance or gift, as the lands in question My Department has also given financial sup- were acquired by way of purchase. The applicant port towards updating the Teagasc booklet was notified that his new entrant application was entitled, The Varroa Mite in honeybees. This successful on 16 March 2005. Payment in respect publication provides useful reference material for of the single payment scheme issued to him on 1 beekeepers on Varroa detection, monitoring, December 2005. The remaining balance in control and treatment. respect of the outstanding 1.19 entitlements will be issued shortly. Grant Payments. 588. Mr. Stanton asked the Minister for Agri- 590. Mr. Neville asked the Minister for Agri- culture and Food when a payment will issue to a culture and Food when extensification grant pay- person (details supplied) in County Cork under ment for 2005 will be awarded to a person (details the single payment scheme; the reason a payment supplied) in County Limerick. [10969/06] has not been issued to date; and if she will make a statement on the matter. [10830/06] Minister for Agriculture and Food (Mary Coughlan): The person declared a forage area of Minister for Agriculture and Food (Mary 43.37 hectares on his 2004 area aid application. Coughlan): The person submitted an application Following a stocking density calculation, the for consideration of his circumstances under the stocking level was found to be 1.42 livestock units force majeure, exceptional circumstances per hectare. In line with the EU regulations gov- measure of the single payment scheme. Having erning the livestock premia schemes, this entitled processed this application, the single payment the person to the lower extensification premium entitlements unit informed the person that the rate of \40 per animal. 1495 Questions— 21 March 2006. Written Answers 1496

[Mary Coughlan.] A central issue arising from the nitrates While the person named submitted a total of directive is the need to secure a derogation which 120 animals under the 2004 special beef premium will allow certain farmers to operate, under scheme, the number payable reduced to 93.8 ani- appropriate conditions and controls, up to a level mals following the imposition of the quota cut in of 250 kg of organic nitrogen per hectare. The respect of the overshoot of the 2004 beef quota. proposal was given an initial presentation to the This represents the numbers of animals in respect EU nitrates committee in December and further of which payment under the 2004 extensification scientific data has been supplied to the Com- premium scheme was due. mission following bilateral discussions. The pro- An advance payment of \3,587.20 issued to the posal will need to be discussed again at future person on 2 June 2005 and a balancing payment meetings of the nitrates committee before of \276.80 issued on 10 October 2005. These two approval can be obtained. Securing this dero- payments represent the full sum due to the per- gation is vital for the most productive dairy farm- son under the 2004 extensification premium ers in particular and it is important that the posi- scheme. tion on the regulations is clarified at an early date so that the negotiations on the derogation can proceed. EU Directives. I am working with the Minister for the Envir- 591. Mr. O’Shea asked the Minister for Agri- onment, Heritage and Local Government to culture and Food her proposals to meet the con- bring matters to a quick conclusion so that cerns of the Irish Farmers Association regarding Ireland can meet its obligations under the nitrates the nitrates regulations and Teagasc submission directive while also safeguarding the future of (details supplied); and if she will make a state- commercial farming in Ireland and the interests ment on the matter. [11023/06] of Irish farmers in general.

Minister for Agriculture and Food (Mary Grant Payments. Coughlan): The implementation of the nitrates 592. Mr. G. Murphy asked the Minister for directive is a matter, in the first instance, for the Agriculture and Food when payment will be Minister for the Environment, Heritage and made to a person (details supplied) in County Local Government. In December, the Minister Cork; the amount which will be awarded to this made regulations giving legal effect to Ireland’s person in 2006; and if she will make a statement national action programme under the nitrates on the matter. [11028/06] directive. These regulations were finalised follow- ing difficult negotiations between the European Minister for Agriculture and Food (Mary Commission and officials of the Department of Coughlan): The person submitted an application the Environment, Heritage and Local Govern- for consideration in respect of the inheritance ment and the Department of Agriculture and measure of the single payment scheme. A letter Food. In these discussions, both Departments informing him that his application has been suc- made use of the advice provided by Teagasc. It cessful has issued to him and payment will issue was the Commission, however, which determined shortly. the final content of the regulations. In January, the Minister for the Environment, Greenhouse Gas Emissions. Heritage and Local Government announced a 593. Mr. Durkan asked the Minister for Agri- short de facto deferral of Part 3 of the Regu- culture and Food the carbon sequestration capa- lations, which covers nutrient management. This city of the forestry sector both public and private was to allow Teagasc to submit revised advice in here; the most efficient species in this regard; the relation to phosphorus limits. extent to which she intends this species to play a A detailed Teagasc submission, covering phos- role in the elimination of greenhouse gases in the phorus as well as other aspects of the regulations, future; and if she will make a statement on the has recently been received and is being examined matter. [11085/06] by both Departments. To advance consideration of the submission, the Teagasc document has Minister for Agriculture and Food (Mary been forwarded to the European Commission. Coughlan): All new forests established since 1990 Officials from the Department of the Envir- qualify under the Kyoto Protocol in terms of onment, Heritage and Local Government, my helping us meet our emission reduction targets. own Department and Teagasc will meet with the New forests established within the first Kyoto Commission on the matter tomorrow. The Com- commitment period, from 2008-2012, will also mission’s agreement will be required for any contribute to the total sequestration capacity. amendments that may be proposed to the regu- The best current estimate of total sequestration lations. The Commission is open to arguments capacity over this period amounts on average to that are scientifically robust. 10.3 million tonnes of CO2. Of this some, 8.1 mil- 1497 Questions— 21 March 2006. Written Answers 1498 lion tonnes is accounted for by private forests and Government will publish the national women’s 2.2 million tonnes by public forests. strategy; the position regarding the commitments The potential of different tree species to given under the Beijing platform; and if he will sequester or trap carbon dioxide from the atmos- address the issues of violence against women. phere depends mainly on their rate of growth. [10357/06] Some conifer species establish rapidly and over the first ten years will begin to sequester con- 621. Ms O. Mitchell asked the Minister for siderable amounts of carbon. Others, including Justice, Equality and Law Reform when he plans some broadleafs, are slower to establish and do to publish the national women’s strategy. not make the same positive contribution over the [10298/06] first ten years or so. After that time, however, they will also begin to trap similar amounts of Minister for Justice, Equality and Law Reform carbon dioxide. As trees reach maturity over a (Mr. McDowell): I propose to take Questions Nos. 596 and 621 together. period of decades, there is little difference in the The national women’s strategy that is now total amounts of carbon dioxide sequestered being developed builds upon the national plan for when all species are compared. women, which was published in 2002. When com- pleted, the broadly-based strategy will include Decentralisation Programme. objectives and actions which further advance the 594. Mr. Connaughton asked the Minister for progress already made by women towards greater Justice, Equality and Law Reform the position gender equality in many sectors, such as increased regarding the proposed decentralisation of the labour market participation and narrowing the gender pay gap, and address the significant gaps Land Registry Office to Roscommon; the way in which still exist in others, such as social inclusion, which people have applied for the positions in participation in decision making at the highest Roscommon; and if he will make a statement on levels and in representative politics. the matter. [10232/06] It will also take into consideration recom- mendations and requirements laid down by the Minister for Justice, Equality and Law Reform European Union, the Council of Europe and the (Mr. McDowell): The most recent report from United Nations to advance gender equality and the decentralisation implementation group, which overcome discrimination. The relevant critical issued in June 2005, gives the indicative date for areas of concern included in the Beijing platform the completion of the Land Registry building in for action will also be addressed in the strategy, Roscommon as mid-2009. as appropriate. The Office of Public Works has informed me Work on the far-reaching new national that it has agreed terms on a suitable site and the women’s strategy is well advanced. Its develop- contract for sale is with the Office of the Chief ment is being overseen by an interdepartmental State Solicitor for processing. committee of senior officials, under the chairman- As with all the other decentralised locations, ship of my Department and is the subject of an Roscommon is listed on the central applications external consultation process. I am hopeful that facility. This is the primary method by which serv- the draft national women’s strategy will be ing civil and public servants can apply to move finalised and submitted to the Government later to Roscommon with the Land Registry and the this year. central applications facility remains an ongoing Violence against women is one of the areas being addressed in the national women’s strategy. option for people. Appointments can also be In addition, the national steering committee on made by way of open recruitment and internal violence against women, chaired by Deputy promotion. Frank Fahey, Minister of State in my Depart- ment, has commissioned a new and more detailed Legislative Programme. strategic action plan specifically on the subject of 595. Mr. Connolly asked the Minister for violence against women. This dedicated strategic Justice, Equality and Law Reform if it is pro- action plan will underpin the ongoing multi-dis- ciplinary work to combat this violence. It is posed to establish a press council; and if he will expected that the plan will be published later make a statement on the matter. [10314/06] this year. Minister for Justice, Equality and Law Reform Legal Aid Service. (Mr. McDowell): I refer the Deputy to my reply to Question No. 323 of 22 February 2006. I have 597. Mr. Perry asked the Minister for Justice, nothing further to add to that reply. Equality and Law Reform if funding will be pro- vided to the Health Service Executive, north-west Human Rights Issues. region, to give financial assistance to a person (details supplied) to cover the costs for the ward 596. Mr. F. McGrath asked the Minister for of court; and if he will make a statement on the Justice, Equality and Law Reform when the matter. [10479/06] 1499 Questions— 21 March 2006. Written Answers 1500

598. Mr. Perry asked the Minister for Justice, to ensure nothing untoward occurred; and if he Equality and Law Reform if financial assistance will make a statement on the matter. [10061/06] will be given to a person (details supplied) to cover the costs for the ward of court; and if he Minister for Justice, Equality and Law Reform will make a statement on the matter. [10488/06] (Mr. McDowell): It has not been possible within the timeframe involved to collate the information Minister for Justice, Equality and Law Reform required by the Deputy. I will contact the Deputy (Mr. McDowell): I propose to take Questions directly when the information is to hand. Nos. 597 and 598 together. I am informed by the Legal Aid Board that it is open to an individual to apply to one of the Land Registry. board’s law centres for legal services in respect of 602. Mr. Kenny asked the Minister for Justice, wardship proceedings, which are covered by the Equality and Law Reform if the Land Registry Civil Legal Aid Act 1985, subject to a means test. Office has completed its development of its elec- Under the terms of this Act, legal services are tronic access service to support access to a not available to an institution such as the Health broader range of folios and filed map plans; if Service Executive. not, the reason why; and if he will make a state- ment on the matter. [10084/06] Registration of Title. 599. Mr. P. Breen asked the Minister for Minister for Justice, Equality and Law Reform Justice, Equality and Law Reform when a person (Mr. McDowell): I am pleased to inform the (details supplied) in County Clare will be regis- Deputy that there has been significant investment tered by the registrar of titles; and if he will make in electronic access services in the Land Registry a statement on the matter. [10033/06] in recent years and that this has made an important contribution to enhanced productivity Minister for Justice, Equality and Law Reform and customer service. (Mr. McDowell): I have requested the Land In particular, as a result of a major programme Registry to contact the Deputy directly concern- of computerisation between 2001 and 2004, all ing the current position of the application in folios and maps of individual registered land par- question. cels, known as filed plans, were converted into electronic format and have been available to Citizenship Applications. customers of the Land Registry who use the elec- 600. Mr. Deenihan asked the Minister for tronic access service. It is also possible to order Justice, Equality and Law Reform when a official copies of these folios, filed plans and decision will be made on the application by a per- other Land Registry records on-line through the son (details supplied) in County Kerry for natu- electronic access service, by post or through ralisation; and if he will make a statement on the attendance at the public offices. matter. [10051/06] I am also informed that contracts to digitise the existing paper map record and to build a new Minister for Justice, Equality and Law Reform computer system for storing, maintaining and (Mr. McDowell): An application for a certificate processing the new digital maps were awarded in of naturalisation from the person referred to by June 2005. The development, testing and imple- the Deputy was received in the citizenship section mentation of the new computerised digital map- of my Department on 30 June 2004. ping system is now nearing completion and the The average processing time for such appli- projected activation date is 28 April 2006. At that cations is 24 months at the present time. It is likely, therefore, that the application of the per- stage, customers of the Land Registry who sub- son concerned will be finalised in or around June scribe to the office’s electronic access service will, of this year. for the first time, be able to view the Land Regis- I will advise the Deputy and the person con- try maps for the entire country on-line and con- cerned as soon as I have made a decision on the duct electronic inspections and associated index matter. enquiries. Access will also be provided for customers who visit the public offices operated by Garda Investigations. the Land Registry. I am further informed that this project also ´ 601. Aengus O Snodaigh asked the Minister for includes a programme to digitise each of the Justice, Equality and Law Reform if the Garda registered boundaries of the estimated 2.4 million ´ ´ Sıochana has undertaken a review of all medical parcels of land registered in the Land Registry. I records of people who died while in the care of understand that this work is already well the State to ensure that they died of natural underway and the first county, County West- causes and not due to brutality; if consideration has been given to exhuming the bodies of dis- meath, is expected to be completed by 28 April puted deaths to use the new forensic technology 2006. 1501 Questions— 21 March 2006. Written Answers 1502

Garda Research. Public Service Appointments. 603. Mr. Boyle asked the Minister for Justice, 605. Mr. J. Breen asked the Minister for Equality and Law Reform if his Department has Justice, Equality and Law Reform if one clerical received a report entitled, Young People and the assistant will be provided to the Garda station in Gardaı´, Victimisation and Delinquency Research Shannon Airport; and if he will make a statement Report 5/05, from the Garda research unit; his on the matter. [10167/06] views on the content of the report; if the report will be published in the near future; and if he will Minister for Justice, Equality and Law Reform make a statement on the matter. [10129/06] (Mr. McDowell): The Garda station at Shannon Airport has its fully sanctioned complement of Minister for Justice, Equality and Law Reform clerical staff. While staffing levels are kept under (Mr. McDowell): I am informed by the Garda constant review, any increase can only be facili- authorities that the study was included as a policy tated within the confines of the Government review in the Garda Policing Plan 2004. The main decision of December 2002 which placed a cap on element of the study was a survey of over 2,000 numbers across the civil and public service. second level students in two Garda regions, the Dublin metropolitan region and the eastern 606. Mr. Hogan asked the Minister for Justice, region. It was supplemented by focus group dis- Equality and Law Reform the number of gardaı´ cussions with hard-to-reach groups under the aus- stationed in the Carlow division during 1997, pices of the Irish Society for the Prevention of 2000, 2002, 2003, 2004 and 2005; and if he will Cruelty to Children. make a statement on the matter. [10205/06] The report was finalised by the Garda research unit in October 2005 and is currently under con- Minister for Justice, Equality and Law Reform sideration by the Garda authorities. It has not yet (Mr. McDowell): I presume that the Deputy is been forwarded to my Department. referring to the Carlow/Kildare division. I have been informed by the Garda authorities, Registration of Title. who are responsible for the detailed allocation of 604. Mr. F. McGrath asked the Minister for resources, including personnel, that the personnel Justice, Equality and Law Reform if the delays in strength, all ranks, of then Garda Sı´ocha´na as at a matter (details supplied) relating to rectification 31 December 1997 and 20 March 2006 was 10,702 of boundaries will be resolved; and if the and 12,445, respectively. This represents an maximum support and advice will be given to the increase of 1,743, or 16.3%, in the personnel person on this matter. [10148/06] strength of the Garda Sı´ocha´na during that period. Minister for Justice, Equality and Law Reform I have been further informed by the Garda (Mr. McDowell): I have requested the Land authorities that the number of gardaı´, all ranks, Registry to contact the Deputy directly concern- stationed in the Carlow/ Kildare division as at 31 ing the current position of the application in December 1997, 2000 and 2002-2005, inclusively, question. is as set out in the following table.

1997 2000 2002 2003 2004 2005

District: Naas Naas 69 74 78 80 78 80 Celbridge 12 14 19 19 17 19 Clane 556665 Kill 333333 Maynooth 9 14 14 15 15 15

District: Kildare Kildare 28 25 29 27 27 26 Robertstown 233233 Kilcullen 333333 Monasterevin 332333 Newbridge 26 28 28 29 29 32 Rathangan 223333 Carbury 212222 1503 Questions— 21 March 2006. Written Answers 1504

[Mr. McDowell.]

1997 2000 2002 2003 2004 2005

District: Carlow Carlow 40 46 51 50 53 54 Leighlinbridge 111111 Ballon 111111 Myshall 111111 Muinebheag 667776 Athy 17 17 16 16 16 18 Castledermot 221222

District: Baltinglass Baltinglass 18 21 22 21 21 23 Blessington 12 14 14 13 14 14 Dunlavin 111111 Hollywood 111111 Donard 1111—— Shillelagh 111111 Tinahely 222222 Hacketstown 212111 Rathvilly 111111 Ballymore Eustace 11111— Tullow 898999 Ballytore 111111

The personnel strength, all ranks, of the Carlow/ ing 2005. The college will induct a further 1,100 Kildare division as at 31 December 1997 and 2005 recruits this year and again in 2007, by way of was 281 and 331, respectively. This represents an intakes to the college of approximately 275 increase of 50, or 18% in the number of Garda recruits every quarter. The first incremental personnel assigned to the Carlow/Kildare division increase of newly attested gardaı´ under the prog- over that period. ramme of accelerated recruitment took place on In addition, the division’s resources are further 15 March 2006. augmented by a number of Garda national units The Garda Commissioner will draw up plans such as the Garda National Immigration Bureau, on how best to distribute and manage these the Criminal Assets Bureau and other special- additional resources and, in this context, the ised units. needs of the Carlow/Kildare division will be fully Garda management states that it is the considered within the overall context of the needs responsibility of each divisional officer to allocate of Garda divisions throughout the country. personnel within his or her division at levels, on a priority basis, in accordance with the require- Crime Levels. ments of different areas in the division. The allo- cation of such resources throughout the division 607. Mr. Allen asked the Minister for Justice, is determined by a number of factors including Equality and Law Reform the number of crimes demographics, administrative functions, crime recorded and detected across all headings in the trends and other operational policing needs. Cork City Garda divisions during 1997, 2000, The timescale for achieving the target strength 2001, 2002, 2003, 2004 and 2005; and if he will of 14,000 members of the Garda Sı´ocha´na in line make a statement on the matter. [10206/06] with the commitment in the agreed programme for Government remains as when I announced Minister for Justice, Equality and Law Reform the Government approval, in October 2004, for (Mr. McDowell): The Garda authorities inform my proposals to achieve this objective. The me that the accompanying table provides the phased increase in the strength of the Garda total number of headline offences, by group, Sı´ocha´na to 14,000 will lead to a combined recorded and detected in the Garda division of strength, of both attested gardaı´ and recruits in Cork city for the years 2000 to 2005 inclusive. training, of 14,000 by the end of this year. This The introduction of the PULSE computer project is fully on target and will be achieved. system by the Garda Sı´ocha´na in 1999 has led to As part of the accelerated recruitment cam- more complete and comprehensive recording of paign to facilitate this record expansion, 1,125 crimes reported than was previously the case. recruits were inducted to the Garda college dur- Consequently, the statistics provided for 1997 are 1505 Questions— 21 March 2006. Written Answers 1506 not comparable to statistics provided for 2000 and It is important to note that offences in the subsequent years. homicide group are wider than the offences of murder and manslaughter. The homicide group It should be borne in mind that any interpreta- of headline offences also includes the offences of tion of the crime figures should factor in the attempted murder, murder threats, infanticide, increase in our population in the past ten years. abortion and procuring or assisting in an In 1995, with a population of almost 3.6 million abortion. people, there were 29 crimes per 1,000 of the I am pleased that the Garda Policing Plan 2006, population. In 2005, with a population of over 4.1 under the heading, Policy Reviews 2006, includes million, there were 24.6 crimes per 1,000 of the a commitment to assessing causes of the rise in population, a reduction of 4.4 crimes per 1,000 of crimes of burglary in 2005. This work has com- the population. The figures provided for 2000 and menced with a view to reversing the current 2001 are incomplete due to the phased implemen- upward trend and identifying strategies to target tation of PULSE. The first full year captured is this significant issue. It is intended to mount 2002 and is a more accurate base year to use. special operations in particular problem areas.

Headline Offences Recorded and Detected for the Garda Division of Cork City for the years 2000 to 2005*

2005* 2004 2003 2002 2001 2000

Rec. Det. Rec. Det. Rec. Det. Rec. Det. Rec. Det. Rec. Det.

Homicide 32114219194244 Assault 258 169 254 186 285 216 407 316 214 174 136 108 Sexual Offences 81 41 111 80 101 64 136 80 72 45 51 39 Arson 151 31 142 20 133 20 119 34 105 29 101 34 Drugs 131 131 120 119 126 125 159 158 148 148 169 169 Theft 3,739 1,959 3,495 1,773 3,444 1,689 3,546 1,717 2,648 1,283 2,258 1,068 Burglary 1,029 301 1,026 339 945 292 1,183 310 1,301 459 1,087 434 Robbery 131 78 157 91 171 96 124 61 162 90 118 58 Fraud 223 158 219 181 244 176 235 182 134 107 228 197 Other 59 38 47 31 52 41 91 77 29 21 15 14

Total 5,805 2,908 5,572 2,821 5,505 2,721 6,019 2,954 4,817 2,358 4,167 2,125 * Figures provided for 2005 are provisional, operational and liable to change.

Road Traffic Offences. between proceedings commenced for violations of the regulations in respect of the fitting of speed 608. Ms O. Mitchell asked the Minister for limitation devices on buses over 10,000 kg and Justice, Equality and Law Reform if he will heavy goods vehicles over 12,000 kg. However, provide figures for the enforcement of regu- the numbers of cases in which proceedings com- lations in respect of the compulsory fitting of menced for the offences of speed limitation speed limitation devices on buses over 10,000 kg devices not conforming and speed limitation and heavy goods vehicles over 12,000 kg, partic- devices not in use in each of the years 2002 to ularly the number of prosecutions for violations 2006 are set out in the following table. of these regulations recorded each year from 2003 to date; and if he will make a statement on the Year Proceedings commenced matter. [10212/06] 2002 25 616. Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform the number of 2003 17 goods vehicle drivers detected by the Garda 2004 23 Sı´ocha´na to be in breach of the European Com- 2005 38 munities (Installation and Use of Speed Limi- 2006* 8 tation Devices in Motor Vehicles) Regulations 2005 to date; the number of prosecutions and *To 19 March. convictions following on from same; and if he will I am also informed that the European Communi- make a statement on the matter. [10267/06] ties (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005 Minister for Justice, Equality and Law Reform came into force on 23 December, 2005. Breaches (Mr. McDowell): I propose to take Questions of these regulations are dealt with as part of Nos. 608 and 616 together. general law enforcement by the Garda Sı´ocha´na The Garda authorities inform me that figures and are also targeted by multi-agency check- are not compiled in such a way as to distinguish points carried out by the Garda Sı´ocha´na in con- 1507 Questions— 21 March 2006. Written Answers 1508

[Mr. McDowell.] Garda Strength. junction with the Department of Transport, the 610. Mr. O’Connor asked the Minister for Health and Safety Authority and the Revenue Justice, Equality and Law Reform the number of Commissioners. gardaı´ allocated to Crumlin, Tallaght, Terenure Statistics are not compiled in such a way as to and Rathfarnham Garda stations; and if he will distinguish between prosecutions initiated in make a statement on the matter. [10237/06] accordance with this legislation and with the Road Traffic (Construction, Equipment and Use Minister for Justice, Equality and Law Reform of Vehicles) (Amendment) Regulations 1993. (Mr. McDowell): The Garda authorities, who are The amount of time it would take to compile such responsible for the detailed allocation of information would entail the disproportionate use resources, including personnel, inform me that of Garda time and resources and could not be the personnel strength, all ranks, of the Garda justified. Sı´ocha´na as at 31 December, 1997 and 20 March 2006 was 10,702 and 12,445, respectively. This Garda Investigations. represents an increase of 1,743, or 16.3%, in the personnel strength of the Garda Sı´ochana during 609. Mr. F. McGrath asked the Minister for that period. Justice, Equality and Law Reform the reason the The personnel strength, all ranks, of the gardaı´ did not investigate a case (details supplied) Crumlin, Tallaght, Terenure and Rathfarnham and the reason forensic evidence which showed a Garda stations as at 28 February 2006 was as set forgery was ignored; the further reason a com- out in the table below. pany (details supplied) knowingly used a deed of transfer in the Land Registry office in Dublin to Station Strength make money and why this case was covered up for years. [10222/06] Crumlin 84 Tallaght 167 Minister for Justice, Equality and Law Reform Terenure 96 (Mr. McDowell): The Garda authorities inform Rathfarnham 70 me that, following a complaint made in 1992, an investigation was conducted by the Garda Sı´och- a´na into the matter referred to by the Deputy. The stations referred to by the Deputy form part The investigation was completed in 1994 and con- of the Dublin metropolitan region south division. cluded that there was no evidence to support the The personnel strength, all ranks, of that division necessary ingredients for the prosecution of the as at 31 December 1997 and 28 February 2006, offence of forgery in this jurisdiction. A further was 471 and 552, respectively. This represents an complaint was made in 1997. Following a review increase of 81 (or 17%) in the number of Garda personnel assigned to the Division over that of the original evidence, and in view of the fact period. that no further evidence was produced, it was The division’s resources are further augmented decided that there was no evidence of a criminal by a number of Garda national units such as the offence in this jurisdiction. Garda National immigration Bureau, the Crimi- Following further correspondence from the nal Assets Bureau and other specialised units. person referred to by the Deputy, a comprehen- Garda management states that it is the sive review of the matter was conducted by the responsibility of each divisional officer to allocate Garda authorities in 2003. The investigation file personnel within his or her division at levels, on was submitted to the law officers, who directed a priority basis, in accordance with the require- no prosecution in the matter. ments of different areas in the division. The allo- As the Deputy will be aware I have no role in cation of such resources throughout the division the investigation or prosecution of cases. This is is determined by a number of factors including a long standing principle of our system of justice. demographics, administrative functions, crime The role of the Garda Sı´ocha´na is to investigate trends and other operational policing needs. alleged offences, to gather whatever evidence The timescale for achieving the target strength may be available and to submit a report to the of 14,000 members of the Garda Sı´ocha´na, in line Director of Public Prosecutions. The question of with the commitment in the agreed programme whether or not a particular person should be for Government, remains as when I announced prosecuted and for what criminal offence is the the Government approval in October 2004 for my responsibility of the director. The Director of proposals to achieve this objective. The phased Public Prosecutions, who is independent in the increase in the strength of the Garda Sı´ocha´na to performance of his functions, makes his decision 14,000 will lead to a combined strength, of both on the basis of the Garda findings viewed against attested gardaı´ and recruits in training, of 14,000 the background of common and/or statute law. In by the end of this year. This project is fully on the circumstances, it would be inappropriate for target and will be achieved. me to comment further on the case. As part of the accelerated recruitment cam- paign to facilitate this record expansion, 1,125 1509 Questions— 21 March 2006. Written Answers 1510 recruits were inducted to the Garda college dur- duration of two years. With regard to children, ing 2005. The college will induct a further 1,100 separate provisions fully integrated into the Chil- recruits this year and again in 2007, by way of dren Act 2001, and thereby attracting all of the intakes to the Garda college of approximately 275 protections of that Act, are proposed. recruits every quarter. The first incremental Since the proposals were published late last increase of newly attested gardaı´ under the prog- year my Department has received two sub- ramme of accelerated recruitment took place on missions from groups, namely, Mental Health 15 March 2006. Ireland and the Irish Human Rights Commission. The Garda Commissioner will draw up plans These submissions are currently being examined on how best to distribute and manage these by my officials. additional resources and, in this context, the needs of the Garda stations referred to by the Asylum Support Services. Deputy will be fully considered within the overall context of the needs of Garda stations throughout 612. Mr. Bruton asked the Minister for Justice, the country. Equality and Law Reform the Government policy regarding child protection and family sup- port in respect of asylum seeking families; if a Legislative Programme. case worker is appointed where issues of child 611. Mr. O’Connor asked the Minister for protection arise; if that case officer continues to Justice, Equality and Law Reform the position deal with the case if the family is separated to regarding his plans for the introduction of anti- different parts of the country; if such a separation social behaviour orders; his contacts with groups has a fixed review date; if there are clear proto- who have expressed concerns; and if he will make cols for dealing with requests for family reunifi- a statement on the matter. [10238/06] cation when it is appropriate to do so; and if he will make a statement on the matter. [10239/06] Minister for Justice, Equality and Law Reform (Mr. McDowell): On 22 November last year, fol- Minister for Justice, Equality and Law Reform lowing Government approval, I published my (Mr. McDowell): The Government policy regard- proposals to deal with anti-social behaviour, ing child protection and family support in respect including provision for anti-social behaviour of asylum seeking families is multi-faceted. The orders on my Department’s website. Insofar as reception and integration agency has responsi- anti-social behaviour by children is concerned, bility for the accommodation of asylum seekers my colleague Deputy Brian Lenihan, Minister of and the co-ordination of service provision. The State with special responsibility for children agency has developed a child protection policy obtained Government approval on 13 December which is in line with the Children First national 2005 for separate provisions relating to children child protection guidelines. A policy is also in as part of a package of measures concerning juv- place for all agency personnel. Both policies have enile justice issues. These proposals are also on been implemented since 16 January 2006. the Department’s website. Asylum seekers living in accommodation not I intend to introduce these proposals by way provided by the reception and integration agency of Committee Stage amendments to the Criminal are subject to the same child protection pro- Justice Bill 2004, which is currently before the cedures as any other members of the community. House. Work on the drafting of these proposals Family support is provided through the Health as formal amendments to the Criminal Justice Service Executive, and referral procedures are Bill is progressing in the Office of the Parliamen- the same as for the indigenous population. tary Counsel. I expect that work to be completed With regard to the appointment of case- shortly. This will clear the way for Committee workers and related matters mentioned in the Stage to begin. I hope to proceed quickly there- Deputy’s question, these are issues for the Health after to enactment of the Bill. Service Executive and my colleague, the Ta´naiste My proposals to deal with anti-social behaviour and Minister for Health and Children will provide arise from the growing concerns in our communi- further information on them. ties about anti-social behaviour and the extent to which the quality of life of law-abiding citizens Domestic Violence. can be adversely affected by the behaviour of a minority. In formulating my proposals, I am con- 613. Mr. Penrose asked the Minister for Justice, scious of the concerns that have been voiced by Equality and Law Reform the steps which are individuals and groups regarding, in particular, been taken by his Department to ensure that the the application of anti-social behaviour orders in appropriate procedures are put in place in order the United Kingdom, including their application to enable persons who are subject to domestic to children. Accordingly, my proposals do not fol- violence in their relationships, to escape there- low the UK model in every respect. For example, from, and in particular the financial help and in the United Kingdom an anti-social behaviour assistance given to such persons to enable them order must apply for a minimum of two years, secure accommodation, either through a local whereas my proposals provide for a maximum authority or a voluntary housing association; if he 1511 Questions— 21 March 2006. Written Answers 1512

[Mr. Penrose.] Minister for Justice, Equality and Law Reform is satisfied with the number of refuges available (Mr. McDowell): The person concerned arrived for victims of domestic violence; if additional in the State on 23 May 2005 and applied for asy- moneys will be provided to increase the number lum. Her application was refused following con- of such refuges; and if he will make a statement sideration of her case by the Office of the Refu- on the matter. [10251/06] gee Applications Commissioner and, on appeal, by the Office of the Refugee Appeals Tribunal. Minister for Justice, Equality and Law Reform The person was informed by letter dated 17 (Mr. McDowell): The Department of the Envir- January 2006 that the Minister proposed to make onment, Heritage and Local Government is a deportation order in respect of her and afforded responsible for the provision of refuge and other her three options in accordance with section crisis accommodation to women made homeless 3(3)(b)(ii) of the Immigration Act 1999, as by domestic violence and the Department of amended, namely to leave the State voluntarily, Health and Children is responsible for the pro- to consent to the making of a deportation order vision of front-line services to victims. A subcom- or to submit, within 15 working days, represen- mittee of the national steering committee, made tations to the Minister, in writing, setting out the up of representatives from the above Depart- reasons why she should be allowed to remain ments, as well as other Departments with a role temporarily in the State. in this field, has examined the funding and co- Her case was examined under Section 3(6) of ordination arrangements for the sector generally the Immigration Act 1999 as amended, and and its report will be considered by the Depart- section 5 of the Refugee Act 1996, prohibition of ments concerned. The allocation of resources will refoulement. Consideration was given to all rep- remain a matter for each Department, in the con- resentations received on her behalf for temporary text of its own estimates process. leave to remain in the State. On 27 February 2006 My Department chairs and provides the sec- I refused temporary leave to remain and instead retariat to the national steering committee on signed a deportation order in respect of her. violence against women. The committee’s remit Notice of this order was served by registered post, is to provide a forum for the co-ordination of requiring her to present herself to the Garda responses to violence against women and to National Immigration Bureau, on 9 March 2006 develop a strategy and action plan, which will in order to make travel arrangements for her build on the work achieved to date and chart pro- deportation from the State. The person failed to gress for the future. present as required and was classified as evading The membership of the national steering com- her deportation. The effect of the deportation mittee comprises representatives of the five order is that she must leave the State and remain Government Departments and the key State thereafter out of the State. bodies with a role in the area of violence against The person is awaiting deportation following a women and representatives of the relevant non- comprehensive examination of her asylum claim governmental organisations. The preparation of and of her application to remain temporarily in the new strategy has involved extensive consul- tation with interested parties as well as an eval- the State. Further representations for temporary uation of the working methods and structures of leave to remain in the State, dated 6 March 2006, the steering committee, with a view to further were received from the legal representatives of enhancing its effectiveness and laying down a the person concerned. These representations work plan for the future. The strategic plan were considered pursuant to the provisions of the should be completed this year and it is expected Immigration Act 1999, as amended following to include a long-term strategy to raise awareness which it was decided that the contents were not of violence against women. such as to warrant the revocation of the deport- In addition to ensuring the necessary responses ation order. The decision to deport therefore from the civil and criminal justice system, my remains unchanged. Department is also responsible for preventative The enforcement of the deportation order is and awareness measures, including a number of now an operational matter for the Garda intervention programmes for perpetrators of National Immigration Bureau. domestic violence. Last year the Department funded the evaluation of two such perpetrator Road Traffic Offences. programmes and the recommendations of the 615. Ms O. Mitchell asked the Minister for evaluation are currently being implemented. Justice, Equality and Law Reform the number of cars impounded for not having either tax or Deportation Orders. insurance each year from 2002 to date; and if he 614. Mr. O’Shea asked the Minister for Justice, will make a statement on the matter. [10264/06] Equality and Law Reform if he will review the case of a person (details supplied) in County Minister for Justice, Equality and Law Reform Waterford concerning whom a deportation order (Mr. McDowell): The Garda authorities inform has been signed; and if he will make a statement me that the numbers of vehicles impounded on the matter. [10254/06] under the provisions of section 41 of the Road 1513 Questions— 21 March 2006. Written Answers 1514

Traffic Acts 1994 to 2004 in each of the years The Garda Commissioner will draw up plans 2002 to 2006 are set out in the following table. on how best to distribute and manage these additional resources, and in this context the needs Year Number of vehicles impounded of the Ballymore Garda station will be fully con- sidered in the overall context of the needs of 2002 8,987 Garda stations. 2003 9,810 2004 9,681 Anti-Social Behaviour. 2005 12,653 618. Mr. Gregory asked the Minister for 2006* 2,324 Justice, Equality and Law Reform the number of *To 17 March. charges brought against persons defacing public and private property with graffiti and so on in 2005; and the number of convictions for same. Question No. 616 was answered with Question [10284/06] No. 608. Minister for Justice, Equality and Law Reform Garda Strength. (Mr. McDowell): The Criminal Damage Act 1991 and the Litter Pollution Act 1997 provide for the 617. Mr. Penrose asked the Minister for Justice, offences of damaging or defacing property. The Equality and Law Reform the steps he will take offence of defacing property with graffiti is not to investigate the reason the person made a specifically provided for in the Criminal Damage decision to reduce the Garda manning level at Act 1991 and the statistics are not compiled in Ballymore Garda station in County Westmeath such a way as to provide the information from its normal complement of two gardaı´ to one; requested. and if he has satisfied with the level of Garda I am informed by the Garda authorities that in numbers being allocated to rural areas; and if he 2005 there were 6,159 proceedings commenced will make a statement on the matter. [10280/06] for damaging property belonging to another under the Criminal Damage Act 1991, resulting Minister for Justice, Equality and Law Reform in 1,130 convictions to date. Proceedings were (Mr. McDowell): I have been informed by the also commenced on two occasions for an offence Garda authorities, responsible for the detailed contrary to sections 19(1), 19(6) and 24 of the Lit- allocation of resources including personnel, that ter Pollution Act 1997 which specifically relates the personnel strength of Ballymore Garda to defacement of a structure or article, resulting station as at 20 March 2006 was two, all ranks. in one conviction. Figures provided for 2005 are Garda management states it is the responsi- provisional, operational and liable to change. bility of each divisional officer to allocate person- I recently announced a new anti-graffiti and nel within his or her division at levels on a anti-vandalism campaign whereby gardaı´ will priority basis in accordance with the require- work with local authorities and other State ments of different areas in the division. The allo- bodies, to develop an action programme to deal cation of such resources throughout the division with incidents of graffiti, with particular reference is determined by several factors including demo- to race-related graffiti and other forms of anti- graphics, administrative functions, crime trends social behaviour such as the destruction of newly and other operational policing needs. planted trees in our streets and villages. Some \1 The timescale for achieving the target strength million is being provided for this purpose by the of 14,000 members of the Garda Sı´ocha´na in line Department of Justice, Equality and Law Reform with the commitment in the agreed programme which will be matched by financial support of \1 for Government remains as when I announced million each from the Departments of the Envir- the Government approval in October 2004 for my onment, Heritage and Local Government and proposals to achieve this objective. The phased Community, Rural and Gaeltacht Affairs. increase in the strength of the Garda Sı´ocha´na to 14,000 will lead to a combined strength, of both 619. Mr. Gregory asked the Minister for attested Gardaı´ and recruits in training, of 14,000 Justice, Equality and Law Reform the number of by the end of this year. This project is fully on charges brought against persons defacing public target and will be achieved. and private property with graffiti and so on in the As part of the accelerated recruitment cam- Garda Dublin north central division in 2005; the paign to facilitate this record expansion, 1,125 number of convictions for same. [10285/06] Garda recruits were inducted to the Garda College during 2005. The college will induct a Minister for Justice, Equality and Law Reform further 1,100 recruits this year and again in 2007, (Mr. McDowell): The Criminal Damage Act 1991 by way of intakes to the Garda College of and the Litter Pollution Act 1997 provide for the approximately 275 recruits every quarter. The offences of damaging or defacing property. first incremental increase of newly attested gardaı´ I am informed by the Garda authorities that under the programme of accelerated recruitment 620 proceedings commenced in 2005 for damag- took place on 15 March 2006. 1515 Questions— 21 March 2006. Written Answers 1516

[Mr. McDowell.] at the residence; and if he will make a statement ing property belonging to another under the on the matter. [10303/06] Criminal Damage Act 1991, resulting in 95 con- victions in the north central division of the Dublin Minister for Justice, Equality and Law Reform metropolitan region, DMR. The offence of defac- (Mr. McDowell): No financial assistance is avail- ing property with graffiti is not individually iden- able from the Department of Justice, Equality tified in the Criminal Damage Act 1991, and and Law Reform to private householders for the therefore statistics are not available to identify installation of closed circuit television cameras, the proceedings commenced which relate specifi- CCTV, in private premises or residences. cally to offences involving graffiti. I launched the community-based CCTV There were no prosecutions brought under the scheme last year in response to a demonstrated Litter Pollution Act 1997 in the north central div- demand from local communities for the provision ision of the DMR. Figures provided for 2005 are of CCTV systems. The purpose of the scheme is provisional, operational and liable to change. to support local communities who wish to install I recently announced a new anti-graffiti and and maintain CCTV security systems in their anti-vandalism campaign whereby gardaı´ will area, with the aim of increasing public safety and work with local authorities and other State reducing the risk of anti-social and criminal activity. Individual communities can avail of grant bodies, to develop an action programme to deal \ with incidents of graffiti, with particular reference aid funding of up to 100,000 from the Depart- ment with additional funding available for to race-related graffiti and other forms of anti- \ social behaviour such as the destruction of newly RAPID areas. Over 1 million in grant aid has already been allocated to 37 communities under planted trees in our streets and villages. \1 mil- the scheme and many of these could see their lion is being provided for this purpose by the CCTV systems in operation before the end of Department of Justice, Equality and Law Reform 2006. which will be matched by financial support of \1 million each from the Departments of the Envir- Crime Levels. onment, Heritage and Local Government and Community, Rural and Gaeltacht Affairs. 623. Mr. Neville asked the Minister for Justice, Equality and Law Reform the number of crimes recorded and detected across all headings in Visa Applications. Limerick Garda division during 1997, 2000, 2001, 620. Mr. P. Breen asked the Minister for 2002, 2003, 2004 and 2005; and if he will make a Justice, Equality and Law Reform the reason a statement on the matter. [10329/06] work visa was refused for a person (details supplied) in County Clare; and if he will make a Minister for Justice, Equality and Law Reform statement on the matter. [10291/06] (Mr. McDowell): It has not been possible within the timeframe involved to collate the information Minister for Justice, Equality and Law Reform required by the Deputy. I will contact the Deputy (Mr. McDowell): The application referred to by directly when the information is to hand. the Deputy was processed in the visa office in Beijing on 21 February 2006. Having given full Garda Strength. consideration to the application the visa officer 624. Mr. McCormack asked the Minister for refused the application as he was unable to satisfy Justice, Equality and Law Reform the number of the authenticity of the details submitted concern- gardaı´ stationed in the Galway west division dur- ing the applicant’s employment. A letter notifying ing 1997, 2000, 2002, 2003, 2004 and 2005; and if the applicant of the reason for refusal, and out- he will make a statement on the matter. lining the option to appeal, issued to him on 24 [10330/06] February 2006. Any appeal should be accompanied by additional documentation Minister for Justice, Equality and Law Reform designed to address the concerns of the visa (Mr. McDowell): I have been informed by the officer notified to the applicant in the letter of Garda authorities responsible for the detailed refusal. allocation of resources including personnel, that the personnel strength, all ranks, of the Garda Question No. 621 answered with Question Sı´ocha´na as at 31 December 1997 and 20 March No. 596. 2006 was 10,702 and 12,445, respectively. This represents an increase of 1,743, 16.3% in the per- sonnel strength of the Garda Sı´ochana during Closed Circuit Television Systems. that period. 622. Mr. Connaughton asked the Minister for I have been further informed by the Garda Justice, Equality and Law Reform if there is fin- authorities that the number of gardaı´, all ranks, ancial assistance available to private house- stationed in the Galway west division as at 31 holders to install a security camera in circum- December 1997, 2000, and 2002 to 2005, inclusive, stances where there have been several break-ins was as set out in the following table. 1517 Questions— 21 March 2006. Written Answers 1518

1997 2000 2002 2003 2004 2005

District: Galway Galway 131 159 165 163 175 176 Oranmore 444557 Carndolla 222211 Lough Derg 223333 Headford 455555 Athenry 554445 Monivea 122222 Kiltullagh 1 —1111

District: Clifden Clifden 18 18 17 18 21 22 Recess 1 —1111 Letterfrack 1 —2112 Lennaun 1 1 1 — 1 1 Carna 222222 Mam 211111 Roundstone 111111

District: Loughrea Loughrea 25 23 27 29 31 32 Tynagh 1 1 —111 Killimor 111111 Woodford 111111 NewInn 111111 Eyrecourt 111111 Portumna 789988 Kilrickle —11111

District: Salthill Uachtarard 577777 Moycullen 221211 Carraroe 466556 RosMuc 111111 Inverin 2 1 1 — 1 1 Spiddle 333333 Leitir Mor 111111 Salthill 45 41 40 39 41 43 Cill Ronain 233333

District: Gort Gort 22 20 22 21 23 25 Ardrahan 322221 Craughwell 222222 Kinvara 233322 Kilchreest —11111 Peterswell 1————— Kilcolgan 1111—— Shanaglish 111111

The personnel strength, all ranks, of the Galway that period. In addition, the division’s resources west division as at 31 December 1997 and 2005 are further augmented by several Garda national was 310 and 374, respectively. This represents an units such as the Garda National Immigration increase of 64, 21%, in the number of Garda per- Bureau, the Criminal Assets Bureau and other sonnel assigned to the Galway west division over specialised units. 1519 Questions— 21 March 2006. Written Answers 1520

[Mr. McDowell.] Anti-Social Behaviour. Garda management states that it is the 626. Mr. F. McGrath asked the Minister for responsibility of each divisional officer to allocate Justice, Equality and Law Reform if a safety and personnel within his or her division at levels on a security plan will be put in place at an open space priority basis in accordance with the require- between areas (details supplied); if he will curb ments of different areas in the division. The allo- the anti-social behaviour at these areas; and if he cation of such resources throughout the division will give the local residents the maximum support is determined by several factors including demo- on this matter. [10348/06] graphics, administrative functions, crime trends and other operational policing needs. Minister for Justice, Equality and Law Reform The timescale for achieving the target strength (Mr. McDowell): I am informed by the Garda of 14,000 members of the Garda Sı´ocha´na in line authorities that current policing plans in the area with the commitment in An Agreed Programme in question are designed to achieve, inter alia, the for Government remains as when I announced prevention of anti-social and public order the Government approval in October 2004 for my offences; the prevention of crime including crimes proposals to achieve this objective. The phased of violence against persons and property and the increase in the strength of the Garda Sı´ocha´na to maintenance of an environment conducive to the 14,000 will lead to a combined strength, of both improvement of quality of life of the residents. attested gardaı´ and recruits in training, of 14,000 The strategy is effective, and will continue to be by the end of this year. This project is fully on central to the delivery of a policing service to the target and will be achieved. area in question. As part of the accelerated recruitment cam- I am also informed that there is a community paign to facilitate this record expansion, 1,125 garda assigned to this area who has an excellent Garda recruits were inducted to the Garda rapport with the local community. The com- College during 2005. The college will induct a munity garda offers advice, support and assist- further 1,100 recruits this year and again in 2007, ance in police matters to the community. In by way of intakes to the Garda College of addition to regular mobile and foot patrols, the approximately 275 recruits every quarter. The area is patrolled by the divisional task force and first incremental increase of newly attested gardaı´ traffic units to ensure a concentrated visible pres- under the programme of accelerated recruitment ence is maintained. Furthermore, mobile patrols took place on 15 March 2006. are directed to pay particular attention to the The Garda Commissioner will now be drawing area. up plans on how best to distribute and manage these additional resources, and in this context the needs of the Galway west division will be fully Garda Disciplinary Proceedings. considered within the overall context of the needs 627. Mr. Durkan asked the Minister for Justice, of Garda divisions. Equality and Law Reform the number of dis- ciplinary inquiries held in County Mayo in the Garda Investigations. year 2000; the number of members involved and the cost of same. [10364/06] 625. Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will inves- Minister for Justice, Equality and Law Reform tigate allegations regarding an ex-detective Garda (Mr. McDowell): I have been informed by the (details supplied); their role in the Stardust fire Garda authorities responsible for the detailed tragedy; and the position regarding the new allocation of resources, including personnel, that investigation. [10347/06] in the year 2000, there was one sworn inquiry held in County Mayo involving one member of Minister for Justice, Equality and Law Reform the Garda Sı´ocha´na. Garda management states, (Mr. McDowell): I am informed by the Garda as internal disciplinary inquiries are undertaken authorities that the matters referred to have been as part of normal duties, separate cost centres are the subject of a Garda investigation and nothing not established to track the cost of each inquiry. has been found to substantiate the allegations. Consequently, it is not possible to provide a cost My Department has forwarded a copy of the in this matter. recent “Prime Time” television programme on the Stardust fire to the State Forensic Science Citizenship Applications. Laboratory for evaluation and a report on its con- tent is in preparation. No further submissions 628. Dr. Upton asked the Minister for Justice, have been received by the Department of Justice, Equality and Law Reform the position regarding Equality and Law Reform since that programme the status of an application for citizenship of a was broadcast. A previous submission from the person (details supplied) in Dublin 12; the reason Stardust victims committee was evaluated by the a work permit has not issued to this person to State Forensic Science Laboratory and the Garda date; the reason they need to have their passport Sı´ocha´na in 2004 but was found not to warrant a stamped on a yearly basis; and if he will make a revisiting of the original inquiry. statement on the matter. [10371/06] 1521 Questions— 21 March 2006. Written Answers 1522

Minister for Justice, Equality and Law Reform Crime Levels. (Mr. McDowell): An application for a certificate 631. Mr. Bruton asked the Minister for Justice, of naturalisation from the person in question was Equality and Law Reform the number of received in the citizenship section of the Depart- recorded headline and non-headline crimes in ment of Justice, Equality and Law Reform on 1 every Garda district in 2005, classifying each December 2004. The average processing time for headline grouping; the number of these crimes such applications is 24 months. It is likely, there- detected; the percentage this represents; and the fore, that the case will be submitted to me for overall national detection rate for 2005 for head- decision in late 2006. I will contact the Deputy line and non-headline crimes. [10426/06] and the applicant when the case is finalised. All non-EEA nationals are required to keep Minister for Justice, Equality and Law Reform their permission to remain in the State up to date (Mr. McDowell): It has not been possible within at all times. This is done by means of an endorse- the timeframe involved to collate the information ment in their passport and the issuing of a certifi- required by the Deputy. I will contact the Deputy cate of registration in respect of them. Questions directly when the information is to hand. concerning the issue of work permits are a matter for the Minister for Enterprise, Trade and Children Act 2001. Employment, Deputy Martin. 632. Ms C. Murphy asked the Minister for Garda Sı´ocha´na Act 2005. Justice, Equality and Law Reform the require- ments which are set out in the Children Act 2001 629. Mr. Costello asked the Minister for regarding the services to be supplied in day Justice, Equality and Law Reform his views on centres; the changes which were required to be establishing Garda divisions on a county basis to made in the services supplied by a project (details facilitate the introduction of joint policing com- supplied) in Dublin 11 for compliance purposes; mittees with local authorities; and if he will make the period and resources which were provided to a statement on the matter. [10410/06] this project to facilitate the required changes in service required; and if he will make a statement Minister for Justice, Equality and Law Reform on the matter. [10456/06] (Mr. McDowell): I have been informed by the Garda authorities responsible for the detailed Minister for Justice, Equality and Law Reform allocation of resources, including personnel, that (Mr. McDowell): For the purposes of section 9, the Garda Sı´ocha´na has no current plans to estab- part 118 of the Children Act 2001, the Minister lish Garda divisions on a county basis. There are shall provide or arrange for the provision of a many local authorities in addition to those sufficient number of places for use as day centres responsible for counties. I am confident that the which shall be operated, either by the probation appropriate Garda officers will attend meetings and welfare service, or by any body with the of the committees. approval and assistance of that service. Before any place or part thereof may be used as a day Citizenship Applications. centre, the principal probation and welfare officer shall inspect it and if he or she considers that the 630. Mr. McGuinness asked the Minister for place is suitable for such use, certify in writing Justice, Equality and Law Reform the progress in accordingly. an application for naturalisation in the name of a A court may order that a child shall attend at person (details supplied) in County Kilkenny; if a specified day centre for the purpose of partici- their case will be expedited; and if he will make pating in an occupation or activity, or receiving a statement on the matter. [10417/06] instruction, which is suitable and beneficial for him or her. The child may participate in any such Minister for Justice, Equality and Law Reform occupation or activity, or receive any such (Mr. McDowell): An application for a certificate instruction, under supervision outside the day of naturalisation from the person in question was centre. received in the citizenship section of the Depart- The project in question was a community- ment of Justice, Equality and Law Reform on 9 based, day assessment centre which offered an February 2005. The average processing time for assessment service to young people from Finglas, such applications is 24 months. It is likely, there- Ballymun and surrounding areas. The Depart- fore that the case will be submitted to me for ment of Justice, Equality and Law Reform, decision in late 2006. I will contact the Deputy through the probation and welfare service com- and the applicant when the case is finalised. menced funding the project on 1 January 2004. Applications for certificates of naturalisation are During 2004 the project received current funding generally dealt with in chronological order and of \400,000 and it received a further grant of this practise is not deviated from except in excep- \300,000 in 2005. It was anticipated that the pro- tional circumstances. No such circumstances have ject would become a pilot day centre as provided been put forward by the Deputy in respect of the for under the Children Act 2001. To this end, the application of the person concerned. Department agreed to fund the project on con- 1523 Questions— 21 March 2006. Written Answers 1524

[Mr. McDowell.] during 1997, 2000, 2001, 2002, 2003, 2004 and dition, inter alia, that the project would be a pilot 2005; and if he will make a statement on the for day centres, provided for under the Children matter. [10485/06] Act 2001; referrals to the project would be from the courts; and the project would work to its full Minister for Justice, Equality and Law Reform capacity, that is, five young people in attendance (Mr. McDowell): I am informed by the Garda at any given time. authorities that the following table shows the Unfortunately, since January 2004 until its clos- number of headline offences by group recorded ure in December 2005, the project only dealt with and detected in the north central Garda division six referrals of young people who were before the of the Dublin metropolitan region, DMR, for courts. The board of management recognised this 2000 to 2005 inclusive. was an unsustainable position and at a meeting The introduction of the PULSE computer held on 2 December 2005 the board concluded system by the Garda Sı´ocha´na in 1999 has led to the project was no longer viable and the company more complete and comprehensive recording of would cease trading on 8 December 2005. crimes reported than was previously the case. Consequently the statistics provided for 1997 are Internet Fraud. not comparable to statistics provided for 2000 and subsequent years. 633. Mr. English asked the Minister for Justice, Any interpretation of the crime figures should Equality and Law Reform if his attention has factor in the increase in our population in the past been drawn to a bogus Internet investment ten years. In 1995, with a population of almost 3.6 scheme, known as a people in profit system, PIPS, million people, there were 29 crimes per 1,000 of scheme, the origin of which is outside of the the population. In 2005, with a population of over State; his views on whether those involved in pro- 4.1 million, there were 24.6 crimes per 1,000 of moting this scheme at a local level should be the population, a reduction of 4.4 crimes per prosecuted; if he is willing to investigate the issue; 1,000 of the population. The figures provided for and if he will make a statement on the matter. 2000 and 2001 are incomplete due to the phased [10465/06] implementation of PULSE. The first full year captured is 2002 and is a more accurate base year Minister for Justice, Equality and Law Reform to use. Offences in the homicide group are wider (Mr. McDowell): I am informed by the Garda than the offences of murder and manslaughter. authorities that while the Garda Sı´ocha´na are The homicide group of headline offences also aware of the PIPS scheme, no formal complaint includes the offences of attempted murder, mur- has been made to them. Any complaint made will der threats, infanticide, abortion and procuring or be investigated by the Garda Bureau of Fraud assisting in an abortion. Investigation to ascertain if a breach of the crimi- I am pleased to see the Garda policing plan nal law has taken place. for 2006, under the heading Policy Reviews 2006, includes a commitment to assessing causes of the Crime Levels. rise in crimes of burglary in 2005. This work has 634. Mr. Bruton asked the Minister for Justice, commenced with a view to reversing the current Equality and Law Reform the number of crimes upward trend and identifying strategies to target recorded and detected across all headings in the this significant issue. It is intended to mount Dublin north central metropolitan region division special operations in particular problem areas.

Headline Offences Recorded and Detected for the North Central Garda Division of Dublin Metropolitan Region for the years 2000 to 2005*

2005* 2004 2003 2002 2001 2000

Rec. Det. Rec. Det. Rec. Det. Rec. Det. Rec. Det. Rec. Det.

Homicide 75857512126632 Assault 228 134 285 183 252 151 347 234 232 173 121 64 Sexual Offences 75 35 68 44 156 120 270 221 128 96 88 69 Arson 45 6 73 8 60 9 49 8 77 15 50 5 Drugs 353 352 286 284 271 271 326 326 217 217 163 163 Theft 5,858 2,869 6,324 3,062 7,220 3,467 7,742 3,759 5,996 2,876 5,822 2,896 Burglary 1,136 284 1,068 253 1,119 245 1,281 385 1,217 399 1,118 482 Robbery 338 126 297 109 333 119 394 141 433 153 363 139 Fraud 268 88 183 95 182 126 275 160 116 83 75 55 Other 77 51 139 99 86 70 98 70 52 37 18 12

Total 8,385 3,950 8,731 4,142 9,686 4,583 10,794 5,316 8,474 4,055 7,821 3,887 * Figures provided for 2005 are provisional, operational and liable to change. 1525 Questions— 21 March 2006. Written Answers 1526

I am pleased to note that since I took up office Minister for Justice, Equality and Law Reform the number of headline offences recorded has sig- (Mr. McDowell): I have been informed by the nificantly dropped year on year from 10,794 in Garda authorities responsible for the detailed 2002 to 8,385 in 2005. allocation of resources, including personnel, that the personnel strength, all ranks of the Garda Sı´ocha´na as at 31 December 1997 and 20 March 2006 was 10,702 and 12,445, respectively. This Garda Strength. represents an increase of 1,743, 16.3% in the per- sonnel strength of the Garda Sı´ochana during 635. Mr. Neville asked the Minister for Justice, that period. Equality and Law Reform the number of gardaı´ The number of gardaı´ — all ranks — stationed stationed in the Limerick Division during 1997, in the Limerick Division as at 31 December 1997, 2000, 2002, 2003, 2004 and 2005; and if he will 2000 and 2002-2005, inclusively, was as set out in make a statement on the matter. [10486/06] the following table.

1997 2000 2002 2003 2004 2005

District: Henry Street Henry Street 156 165 184 189 198 191 Mary Street 1464444 Castleconnell 444444 Ardnacrusha 333333 Marystone Park 27 35 41 46 49 49 District: Roxboro Road Roxboro Road 87 87 91 94 91 99 Patrickswell 554433 Ballyneety 222222 Caherconlish 222221 District: Askeaton Askeaton 18 19 22 20 22 22 Adare 434433 Pallaskenry 222221 Croom 344344 Foynes 333333 Glin 211111 Shanagolden 211111 Rathkeale 776666 District: Bruff Bruff 19 18 18 18 18 21 Kilfinane 222222 Ballylanders 122211 Hospital 333333 Bruree 222221 Kilmallock 554555 Pallas 444444 Cappamore 333333 Murroe 111111 District: Newcastlewest Drumcollogher —22112 Newcastlewest 25 26 24 26 27 27 Abbeyfeale 12 13 12 12 12 12 Ballingarry 111111 Tournafulla 111111 Athea 111111 Kilmeedy 111111 Castletown 111111 1527 Questions— 21 March 2006. Written Answers 1528

[Mr. McDowell.] Garda recruits were inducted to the Garda The personnel strength, all ranks of the Limerick College during 2005. The college will induct a division as at 31 December 1997 and 2005 was further 1,100 recruits this year and again in 2007, 423 and 485, respectively. This represents an by way of intakes to the Garda College of increase of 62, 15%, in the number of Garda per- approximately 275 recruits every quarter. The sonnel assigned to the Limerick division over the first incremental increase of newly attested gardaı´ period. In addition, the division’s resources are under the programme of accelerated recruitment further augmented by a number of Garda took place on 15 March 2006. national units such as the Garda National immi- The Garda Commissioner will now be drawing gration Bureau, the Criminal Assets Bureau and up plans on how best to distribute and manage other specialised units. these additional resources. In this context the Garda management states it is the responsi- needs of the Limerick division will be fully con- bility of each divisional officer to allocate person- sidered within the overall context of the needs of nel within his or her division at levels on a Garda divisions. priority basis in accordance with the require- 636. Mr. Allen asked the Minister for Justice, ments of different areas in the division. The allo- Equality and Law Reform the number of gardaı´ cation of such resources throughout the division stationed in the Cork city division during 1997, is determined by several factors including demo- 2000, 2002, 2003, 2004 and 2005; and if he will graphics, administrative functions, crime trends make a statement on the matter. [10487/06] and other operational policing needs. Minister for Justice, Equality and Law Reform The timescale for achieving the target strength (Mr. McDowell): I have been informed by the of 14,000 members of the Garda Sı´ocha´na in line Garda authorities responsible for the detailed with the commitment in An Agreed Programme allocation of resources, including personnel, that for Government remains as when I announced the personnel strength, all ranks, of the Garda the Government approval in October 2004 for my Sı´ocha´na as at 31 December 1997 and 20 March proposals to achieve this objective. The phased 2006 was 10,702 and 12,445, respectively. This increase in the strength of the Garda Sı´ocha´na to represents an increase of 1,743, 16.3%, in the per- 14,000 will lead to a combined strength, of both sonnel strength of the Garda Sı´ochana during attested gardaı´ and recruits in training, of 14,000 the period. by the end of this year. This project is fully on The number of gardaı´, all ranks, stationed in target and will be achieved. the Cork city division as at 31 December 1997, As part of the accelerated recruitment cam- 2000 and 2002 to 2005, inclusive, was as set out in paign to facilitate this record expansion, 1,125 the following table.

1997 2000 2002 2003 2004 2005

District: Anglesea Street Anglesea Street 186 204 208 219 221 224 Barrack Street 21 25 24 22 22 20 Bridewell 29 28 32 23 24 23 Blackrock 21 28 26 29 28 32

District: Gurranabraher Gurranabraher 43 44 49 51 53 51 Blarney 13 15 15 15 15 15 Ballincollig 17 21 25 23 23 21 Rathduff 222222

District: Mayfield Mayfield 38 36 38 40 45 45 McCurtain Street 28 32 30——— Watercourse Road 27 30 33 60 58 52 Mallow Road 1099965

District: Togher Togher 44 51 56 55 58 59 Douglas 19 23 23 21 24 22 Bishopstown 24 27 23 25 26 23 Carrigaline 12 16 16 16 16 17 Passage West 455455 Crosshaven 222323 1529 Questions— 21 March 2006. Written Answers 1530

The personnel strength, all ranks, of the Cork city Child Care Services. division as at 31 December 1997 and 2005 was 638. Mr. Connaughton asked the Minister for 540 and 619, respectively. This represents an Justice, Equality and Law Reform if his attention increase of 79, 15%, in the number of Garda per- has been drawn to a shortfall in funding for the sonnel assigned to the Cork city division over proposed community cre`che in Tuam, County the period. Galway and the fact that the \1.1 million pro- In addition, the division’s resources are further vided by his Department for this project is not augmented by a number of Garda national units sufficient to complete the project to the specifi- such as the Garda National immigration Bureau, cations attached to the application for grant aid; the Criminal Assets Bureau and other special- if his attention has further been drawn to the fact ised units. that the Tuam Community Development Garda management states it is the responsi- Resource Centre is a non-profit making body bility of each divisional officer to allocate person- which has provided excellent service to the nel within his or her division at levels on a parents of Tuam for many years, many on low priority basis in accordance with the require- incomes and that the opportunities open to this ments of different areas in the division. The allo- voluntary group to raise their own resource fund- cation of such resources throughout the division ing are extremely limited; if his attention has is determined by several factors including demo- further been drawn to the fact that if the extra graphics, administrative functions, crime trends funding is not made available this project will be and other operational policing needs. a failure with grave consequences for many lower income families in the area; and if he will make a The timescale for achieving the target strength statement on the matter. [10510/06] of 14,000 members of the Garda Sı´ocha´na in line with the commitment in An Agreed Programme Minister for Justice, Equality and Law Reform for Government remains as when I announced (Mr. McDowell): Responsibility for the national the Government approval in October 2004 for my child care investment programme has been proposals to achieve this objective. The phased assigned to the Department of Health and Chil- increase in the strength of the Garda Sı´ocha´na to dren as part of the establishment of the new 14,000 will lead to a combined strength, of both office of the minister for children under the Mini- attested gardaı´ and recruits in training, of 14,000 ster of State at the Department of Health and by the end of this year. This project is fully on Children with special responsibility for children. target and will be achieved. With regard to the application for capital grant As part of the accelerated recruitment cam- assistance under the equal opportunities child paign to facilitate this record expansion, 1,125 care programme 2000 to 2006, I understand the Garda recruits were inducted to the Garda community-based group in question was College during 2005. The college will induct a approved capital funding of \1.1 million in further 1,100 recruits this year and again in 2007, December 2004. No formal appeal of this decision by way of intakes to the Garda College of or request for additional funding has been approximately 275 recruits every quarter. The received from the group since that decision. first incremental increase of newly attested gardaı´ Each grant application and the level of funding under the programme of accelerated recruitment required and made available to groups is carefully took place on 15 March 2006. assessed against the objectives of the programme. The Garda Commissioner will draw up plans Pobal, formerly known as Area Development Management Limited, which administers the on how best to distribute and manage these programme, is in dialogue with the group and is additional resources. In this context the needs of awaiting further information from them in order the Cork city division will be fully considered to progress their application in line with the level within the overall context of the needs of Garda of capital grant assistance approved. divisions throughout the country. Traffic Fines. Registration of Title. 639. Mr. Carey asked the Minister for Justice, 637. Mr. Allen asked the Minister for Justice, Equality and Law Reform if he is satisfied with Equality and Law Reform when the application the level of payment and collection of fines issued for registration will be completed for a person in respect of road traffic offences; the penalties (details supplied) in County Cork. [10498/06] which are applied to offenders who default on the payment of an on-the-spot fine; and if he will Minister for Justice, Equality and Law Reform make a statement on the matter. [10518/06] (Mr. McDowell): I have requested the Land Registry to contact the Deputy directly concern- Minister for Justice, Equality and Law Reform ing the current position of the application in (Mr. McDowell): The issue of the level of pay- question. ment and collection of fines is kept constantly 1531 Questions— 21 March 2006. Written Answers 1532

[Mr. McDowell.] Minister for Justice, Equality and Law Reform under review. The legislation governing the pen- (Mr. McDowell): I propose to take Questions alty points and fixed charge system is set out in Nos. 640 and 642 together. the Road Traffic Acts 2002 and 2004, which are I regret that I am not in a position to meet the the responsibility of the Minister for Transport. groups in question due to constraints on my If payment is not made within 28 days of the date schedule. However, I have instructed officials of issue of the fixed charge notice the level of from the Department of Justice, Equality and the charge increases by 50%. If payment is not Law Reform to make themselves available to received within a further 28 days a summons meet the groups in question to discuss their con- issues for the offence for which the fixed charge cerns and report to me. Officials from the notice was originally issued. In circumstances Department will contact the groups directly with where a person elects to go to court instead of a view to arranging a meeting. paying the fixed charge, and is convicted, the pen- alties available to the court are set out in section Registration of Title. 102(a), (b) and (c) of the Road Traffic Act 1961 641. Mr. P. Breen asked the Minister for as amended by section 23 of the Road Traffic Act Justice, Equality and Law Reform the status of 2002. They include in the case of a first offence, an application in the Land Registry office for per- a fine not exceeding \800; in the case of a second sons (details supplied) in County Clare; and if he offence under that section or subsection, or of a will make a statement on the matter. [10535/06] third or subsequent such offence other than an offence referred to in the next paragraph, to a Minister for Justice, Equality and Law Reform fine not exceeding \1,5000, and in the case of a (Mr. McDowell): I have requested the Land third or subsequent offence under that section or Registry to contact the Deputy directly concern- subsection which is the third or subsequent such ing the current position of the application in offence in any period of 12 consecutive months- question. to a fine not exceeding \1,500 and or three months imprisonment. Question No. 642 answered with Question The fixed charge processing system, FCPS, was No. 640. rolled out nationwide with effect from 2 February 2006 having been operating effectively in the Coroners Service. Dublin metropolitan region, parts of counties 643. Mr. Kehoe asked the Minister for Justice, Louth and Meath and Cork city since January Equality and Law Reform his plans to change the 2005. From 3 April the FCPS will handle an system in which suicide inquests are heard for expanded range of fixed charge offences which privacy of the families involved; and if he will attract penalty points, and additionally current make a statement on the matter. [10539/06] fines on-the-spot offences will be converted to fixed charge offences. Full integration of the 644. Mr. Kehoe asked the Minister for Justice, FCPS with the Garda PULSE system is planned Equality and Law Reform his plans to remove for mid-April. The payment collection service for suicide inquests from the surrounds of a court and fixed charges will be provided by An Post, and to be heard for example in a solicitors office. this is being rolled out on a phased basis. By 3 [10540/06] April this service will be operational in all 109 645. Mr. Kehoe asked the Minister for Justice, Garda districts, removing the need to pay these Equality and Law Reform the average waiting fines at the relevant Garda district headquarters. time in each county for suicide inquests to be These changes are designed to streamline heard; and if he will make a statement on the administration and will significantly increase matter. [10541/06] Garda time for operational duties. Minister for Justice, Equality and Law Reform Community Councils. (Mr. McDowell): I propose to take Questions Nos. 643 to 645, inclusive, together. 640. Mr. Kehoe asked the Minister for Justice, In the Coroners Bill that the Government has Equality and Law Reform if he has had a request approved for drafting, there are no proposals for to meet with a community council (details inquests to be held in private in certain cases. I supplied) in County Wexford; when he will meet am aware of the hurt and trauma involved for with them; and if he will make a statement on the family members and relatives in tragic death matter. [10534/06] situations, especially suicide. I am also mindful that a proper public investigation must be seen to 642. Mr. Kehoe asked the Minister for Justice, take place in order to reassure the public as to Equality and Law Reform if he will meet a com- the cause of death in all cases of reportable death. munity parish council group (details supplied) The coroners review group, which reported in from County Wexford; and if he will make a 2000, did not recommend that any particular cate- statement on the matter. [10537/06] gory of inquest should be held other than in 1533 Questions— 21 March 2006. Written Answers 1534 public, which has always been the position in the executed for each of the past five years; and if he State. I am aware that it is the practice of cor- will make a statement on the matter. [10574/06] oners to be especially sensitive in so far as is pos- sible, to the needs of families in the handling of Minister for Justice, Equality and Law Reform all inquests and particularly so where suicide may (Mr. McDowell): It has not been possible within be in question. the timeframe involved to collate the information I am not in possession of statistics for the wait- required by the Deputy. I will contact the Deputy ing time for inquests. The conduct of inquests is directly when the information is to hand. strictly a matter for the coroner concerned and I am conscious that there may be many variables Garda Equipment. which might affect the timing of the inquest. 650. Mr. J. O’Keeffe asked the Minister for However, when the coroners service is estab- Justice, Equality and Law Reform the position lished under the new legislation, it will be in a regarding the operation of the PULSE system; position to gather and provide a wide range of the number of Garda stations in which it is avail- information of benefit to the public. It will be able and not available; the practical implications required to report annually on all aspects of the for members of the Garda Sı´ocha´na who are work of the coroner. attached to Garda stations where it is not avail- The Bill will replace the Coroners Act 1962 able having to input the system; the effect in with considerable updating and it will reform the terms of time lost in so doing; the amount being coroner service. It will implement recom- expended per month in consultants fees on the mendations contained in the report of the cor- system; the cost to date of the system since it was oners review group and take into account recent introduced seven years ago; and the shortcomings judgments of our own courts and of the European he accepts apply to the system. [10576/06] Court of Human Rights. Details of the proposed new Coroners Bill are Minister for Justice, Equality and Law Reform available on the website of the Department of (Mr. McDowell): Significant developments have Justice, Equality and Law Reform. been underway, particularly over the past year to improve the stability of the PULSE system, as Ministerial Meetings. well as providing for increased functionality and greater access to the system. 646. Mr. J. O’Keeffe asked the Minister for In particular significant improvements to the Justice, Equality and Law Reform if he will con- PULSE system have been achieved in terms of firm that, at all of the meetings referred to in his the improved number of networked locations; answer to Parliamentary Question No. 397 of the extra PCs made available at existing networked 28 February 2006, he was accompanied by an Garda stations, and significant strengthening of official of his Department who acted as a note- the PULSE platform. The upgrade of the PULSE taker in accordance with the Code of Conduct for system, which arises from the natural life-cycle of Office Holders. [10554/06] IT equipment, is now nearing completion. As a result of this work, the PULSE platform has been 647. Mr. J. O’Keeffe asked the Minister for significantly strengthened and major improve- Justice, Equality and Law Reform the dates on ments in response times have been recorded. which the meetings referred to in Parliamentary PULSE is now a robust platform that has suffered Question No. 397 of the 28 February 2006 took no unplanned downtime. place. [10555/06] The Garda authorities also inform me that items of interest inquiries on PULSE have 648. Mr. J. O’Keeffe asked the Minister for increased by 23% over the last 12 months. The Justice, Equality and Law Reform if he will con- next phase of work will address the replacement firm that one of the meetings referred to in his of printers across all networked stations. PULSE answer to Parliamentary Question No. 397 of the is now available in 231 Garda locations nation- 28 February 2006 took place on 11 June 2005. wide including all major city stations and div- [10556/06] isional and district headquarters. This represents a significant increase over 2005 figures as an Minister for Justice, Equality and Law Reform additional 50 Garda stations were networked dur- (Mr. McDowell): I propose to take Questions ing 2005. Nos. 646 to 648, inclusive, together. It was never the intention that all 703 Garda I have met and spoken to the person concerned stations be directly linked to PULSE. Many of on several occasions. these stations are occupied for only a few hours per day and in some cases a few hours per week. The Garda authorities inform me that it is Criminal Prosecutions. planned to extend the network further during 649. Mr. Costello asked the Minister for 2006. The processes and procedures are in place Justice, Equality and Law Reform the reason out- to assist gardaı´ in non-networked stations to get standing bench warrants in cases have not been access to PULSE. The processes and procedures 1535 Questions— 21 March 2006. Written Answers 1536

[Mr. McDowell.] most intensive special policing operations ever cover both data entry access or inquiry access to undertaken in the State. It is intelligence-driven information on the PULSE systems. and has significant levels of Garda resources. The A major new initiative involving the manner in Garda Sı´ocha´na is receiving resources this year to which data is input to PULSE is underway with continue Operation Anvil as long as it is deemed the set-up of the new PULSE data entry centre necessary in operational policing terms. I have at Castlebar, County Mayo. The centre, staffed asked the Commissioner to extend it to Garda by civilian personnel, allows for gardaı´ at the divisions outside Dublin. scene of incidents to report such incidents by Operation Anvil contributed to the increase of mobile telephone to call takers at the centre. This 16% in the detection of possession of firearms in obviates the need for gardaı´ to return to their 2005. Up to 19 February 2006, Operation Anvil stations to report incidents. The system is in oper- resulted in over 1,600 arrests, including 23 for ation in the southern region and is planned to be murder, over 13,200 searches, including 360 extended nationwide. searches for firearms that resulted in 359 firearms These new procedures will benefit all gardaı´, seized or recovered, and the recovery of property particularly those from non-networked stations. I \ am confident the measures outlined above as well with a value of 5.7 million. as the set-up of the call centre at Castlebar will In November 2005 an additional 50 personnel ensure gardaı´ will have access to the requisite from the uniform service in the Dublin metropoli- information in the most efficient and effective tan region, DMR, were transferred to the manner possible. National Bureau of Criminal Investigations. The costs requested by the Deputy are being These officers are dealing exclusively with crimi- finalised by the Garda authorities and I will for- nals involved in gun crime in the DMR through ward them directly to the Deputy as soon as Operation Anvil. possible. Due to my concerns about firearms in general and to ensure public safety and security, I pro- Crime Levels. pose to bring forward a wide range of amend- ments to the Firearms Acts 1925-2000 in the con- 651. Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the estimated text of the Criminal Justice Bill 2004, which is number of illegally held weapons here; and if he before the Da´il. Included in these new proposals will make a statement on the matter. [10577/06] will be measures which will create mandatory minimum sentences, of between five and ten 652. Mr. J. O’Keeffe asked the Minister for years, for certain firearms offences, including pos- Justice, Equality and Law Reform the number of session of a firearm in suspicious circumstances, weapons that it was estimated to have been possession of a firearm with criminal intent, pos- illegally imported here in 2006 and each year session of a firearm with intent to endanger life since 2000; and if he will make a statement on the or cause serious injury to property, possession of matter. [10578/06] a firearm while hijacking a vehicle, and use or production of a firearm to resist arrest. 653. Mr. J. O’Keeffe asked the Minister for The proposals also include provisions to Justice, Equality and Law Reform the number of require all persons, wishing to legally hold a fire- firearms other than shotguns or ordinary rifles arm, to satisfy the Garda that they have provided that it was estimated to have been illegally secure accommodation for the firearm; allow the imported here in 2006 and each year since 2000; Minister to deem certain firearms as restricted by the estimated number that are held illegally here; reference to specific criteria, including the cal- and if he will make a statement on the matter. ibre, action type and muzzle energy of the fire- [10579/06] arm. In future, any person wishing to obtain a certificate for such a firearm will have to apply Minister for Justice, Equality and Law Reform directly to the Garda Commissioner. The Bill will (Mr. McDowell): I propose to take Questions also introduce new offences concerning the modi- Nos. 651 to 653, inclusive, together. fication of firearms such as sawing off a shotgun I am informed by the Garda authorities that it and increase fines and penalties generally for is not possible for the Garda Sı´ocha´na to quantify how many firearms-weapons have been imported offences under the Firearms Acts. I also intend to illegally into this jurisdiction for 2006 and pre- introduce a statutory basis for an amnesty during vious years from 2000. Any estimation would be which firearms may be surrendered to the Garda purely speculative. Sı´ocha´na before new penalties, and minimum However, every effort is made by the Garda mandatory sentences, are introduced. This will Sı´ocha´na to combat the illegal importation, sale enable those in possession of firearms, who are and possession of firearms through intelligence not in compliance with the legal requirements, to led operations and activities. Operation Anvil, regularise their position, and enable the Garda launched in May 2005, and aimed at those Sı´ocha´na to concentrate on more serious involved in gun crime of any kind, is one of the offenders. 1537 Questions— 21 March 2006. Written Answers 1538

654. Mr. J. O’Keeffe asked the Minister for Garda Remuneration. Justice, Equality and Law Reform the number of 656. Mr. Bruton asked the Minister for Justice, thefts of motor vehicles, including motor cycles, Equality and Law Reform the way in which the stolen here in 2006 and each year since 2000 by category; the rate of recovery of such vehicles; Garda training rate of pay during the two year and if he will make a statement on the matter. training period is set; his views on whether it is [10580/06] set at a level adequate to attract more mature persons into the Garda force; his further views on Minister for Justice, Equality and Law Reform introducing premia for people who are moving (Mr. McDowell): I am informed by the Garda into the Garda from established jobs where they authorities that the information requested is not are bringing relevant experience in order that readily available and is being researched. I will be they would not be suffering so severe a reduction in touch with the Deputy when the information is during the induction period; and if he will make to hand. a statement on the matter. [10582/06]

655. Mr. J. O’Keeffe asked the Minister for Minister for Justice, Equality and Law Reform Justice, Equality and Law Reform the number of (Mr. McDowell): I have been informed by the incidents of petty theft here in 2006 and each year Garda authorities, which are responsible for the since 2000, by category; the rate of recovery of detailed allocation of resources, including person- property stolen in such thefts; and if he will make nel, that the Garda rate of pay during training is a statement on the matter. [10581/06] \178.95 per week for the first 62 weeks of train- ing, phases I, II and III. On attestation, the start- Minister for Justice, Equality and Law Reform ing pay for the first year in the Garda Sı´ocha´na (Mr. McDowell): I am informed by the Garda is \23,952, excluding allowances. authorities that the following table shows the Garda pay, including the Garda training rate of total number of theft from shop, theft from per- pay, is indexed by national pay agreements. For son and theft from mechanically propelled the first 62 weeks of Garda training, pay is not vehicle offences recorded for the years 2000 to part of the superannuation scheme but is taxable 2005 and for 2006 up to 17 February. Also pro- and subject to PRSI. Additional increments are vided are the total number of those offences payable to a garda who holds the following quali- recorded in which property was recovered. fications on appointment and has successfully It should be borne in mind that any interpreta- completed two years Garda service: (i) one tion of the crime figures should factor in the additional increment in respect of at least one increase in our population in the past ten years. grade B and two grade C in three subjects, which In 1995, with a population of almost 3.6 million must include mathematics and English or Irish, at people, there were 29 crimes per 1,000 of the honours level in the established leaving certificate population. In 2005, with a population of over 4.1 examination or leaving certificate vocational million, there were 24.6 crimes per 1,000 of the programme; or (ii) three additional increments in population, a reduction of 4.4 crimes per 1,000 of the population. The figures provided for 2000 and respect of a diploma or degree from a third level 2001 are incomplete due to the phased implemen- education institution. The degree-diploma must tation of PULSE. The first full year captured is be full time, of two-four years duration, and be 2002 and is a more accurate base year to use. awarded by a third level institution recognised by HETAC or a recognised Irish statutory authority. Number of: Theft from Shop, Theft from Mechanically There are no plans to introduce premia for Propelled Vehicle, Theft from Person Offences Recorded and people who are moving into the Garda from where Property Recovered for Years 2000 to 2005 and in 2006 up to 17 February established jobs.

Year No. No. where Garda Investigations. Recorded Property Recovered 657. Mr. Crowe asked the Minister for Justice, Equality and Law Reform if his attention has 2006 (to 17 February)* 7,141 2,739 been drawn to a case of a person (details 2005* 33,952 15,421 supplied) in Dublin 12; if so, when the deceased 2004 33,660 14,942 person’s personal belongings will be returned to their spouse. [10596/06] 2003 35,339 15,563 2002 34,545 13,400 Minister for Justice, Equality and Law Reform 2001 26,762 10,668 (Mr. McDowell): I am informed by the Garda 2000 23,981 3,931 authorities that the circumstances of the incident referred to were investigated by gardaı´ at Total 195,380 76,664 Crumlin Garda station. I am further informed *Figures provided for 2005 and 2006 are provisional, oper- that personal property of the person referred to ational and liable to change. in the question, in the possession of the Garda 1539 Questions— 21 March 2006. Written Answers 1540

[Mr. McDowell.] Asylum Applications. authorities, was returned to the spouse of the per- 659. Mr. Durkan asked the Minister for Justice, son on 20 January 2006. Equality and Law Reform, further to Parliamen- tary Question No. 192 of 9 March 2006, if his Asylum Support Services. attention has been drawn to the case of a person 658. Mr. Ring asked the Minister for Justice, (details supplied); his views on whether such a Equality and Law Reform the number of single person’s case should more appropriately be dealt people seeking refuge who have been moved to with in a country in which they have family sup- a town (details supplied) in County Mayo. port; and if he will make a statement on the [10598/06] matter. [10613/06]

Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): The Reception and Integration (Mr. McDowell): I refer the Deputy to my replies Agency, RIA, is responsible for the accommo- to Da´il questions No. 149 of 26 January 2006, No. dation of asylum seekers. In replies to recent 181 of 9 February 2006, No. 249 of 16 February parliamentary questions I have outlined, in detail, 2006, No. 215 of 2 March 2006 and No. 192 of 9 current trends in asylum seeker numbers, i.e., a March 2006 and a reply given to a Da´il Adjourn- fall in the number of new applications, together ment debate on 23 February 2006 in relation to with a fall in the number of families seeking asy- this case. lum, and the consequent implications for the I wish to emphasise again that the person con- RIA. As a demand-driven organisation, it is cerned is not being returned to her country of incumbent on the RIA to respond to changing origin but rather to Belgium where she had pre- demands. viously lodged an asylum application. In accord- In the case of this centre, the RIA considered ance with the Dublin II regulations, and to it to be suitable for possible reclassification from uphold the integrity of the asylum and immi- family to single person accommodation. As part gration processes in the State, it is entirely appro- of the reclassification of the centre, the RIA priate that the person concerned should be intended to relocate its families to other centres returned to Belgium to have her asylum claim where they could benefit from special facilities determined there. However, as the Deputy is no for children and young people, including pre- doubt aware, the person concerned is in receipt of school facilities. For a number of reasons, the hospital treatment and, as such, her case is being RIA has agreed that the families with school- treated in the most sympathetic and compassion- going children who currently reside at the centre ate way possible. To this end, I understand from should be allowed to remain there at least until the Garda National Immigration Bureau that it the end of the current school year. The RIA has does not propose to effect her transfer to Belgium recently allocated a total of 17 males to the until she is discharged from hospital. centre. In relation to the Deputy’s suggestion that the The centre has operated as an accommodation asylum claim of the person concerned should centre since December 2003 and has been well more appropriately be dealt with by this State run, without incident, by its owners and their staff given the possible availability of family support, the fact remains that the person concerned pre- throughout this time. The RIA has in its accom- viously claimed asylum in Belgium and as such, modation portfolio 16 male-only centres and no the provisions of the Dublin II regulations apply significant issues have arisen at these locations. to her case, i.e. that she should be transferred to Single male centres have, in the past, operated in Belgium to have her asylum claim determined small villages where residents of the centres there. As a result, it is my intention that this helped in a voluntary capacity with various com- transfer will be effected in due course. munity activities such as the annual clean up for tidy towns competitions. The RIA is very much aware of the concerns Child Abduction. and fears expressed by some residents in the 660. Mr. Durkan asked the Minister for Justice, town, through various fora, about the placement Equality and Law Reform the position in relation of male asylum seekers in the centre. The RIA to matters surrounding the departure of persons does appreciate the degree of anxiety or unease (details supplied); the assistance which can or will that some local residents may feel if a centre pro- be offered to a person for their safe return; and file is changed from women, children and small if he will make a statement on the matter. babies to single persons. It is the RIA’s experi- [10614/06] ence that, over time, such feelings dissipate as local residents come to know the individuals con- 664. Ms O. Mitchell asked the Minister for cerned and as their practical experience of the Justice, Equality and Law Reform if an investi- centre operation allays their initial concerns. gation is under way into the alleged abduction of 1541 Questions— 21 March 2006. Written Answers 1542 a persons (details supplied) in Dublin 22. Minister for Justice, Equality and Law Reform [10678/06] (Mr. McDowell): The Irish-born child unit was set up in late 2003 in my Department to consider 668. Mr. G. Mitchell asked the Minister for applications for leave to remain from the parents Justice, Equality and Law Reform his views on of Irish-born children. The unit was staffed by the concerns of a person (details supplied) in way of a levy on other Departments. No staff Dublin 22 whose children were taken out of the dealing with immigration work in my Department State without their consent; and if he will make a were assigned to work in the Irish-born child unit. statement on the matter. [10693/06] Around 50 staff were involved in the pro- cessing of applications. The work of the unit has Minister for Justice, Equality and Law Reform now ceased and most of the staff involved have (Mr. McDowell): I propose to take Questions returned to their parent Departments. A small Nos. 660, 664 and 668 together. number of staff have been retained within the As the Deputy will appreciate, it would not be Irish naturalisation and immigration service. appropriate for me to comment in detail on an individual case. The central authority for child Road Traffic Offences. abduction operates in my Department for the 662. Mr. Gregory asked the Minister for purposes of the Hague Convention on the Civil Justice, Equality and Law Reform if he will Aspects of International Child Abduction. The ensure that the impounded quad bikes and mini purpose of the convention is to facilitate the scramblers seized by the Garda and unclaimed return of children who have been wrongfully are scrapped and not resold to dealers, as seems removed from the contracting state where they to be the practice, defeating the purpose of their are habitually resident to another contracting seizure. [10651/06] state. Where a child under the age of 16 is wrongfully Minister for Justice, Equality and Law Reform removed from the State in breach of guardianship (Mr. McDowell): I am informed by the Garda or custody rights, the person whose rights have authorities that the Commissioner, or an officer been breached can make an application under the not below the rank of chief superintendent del- Hague Convention. The usual course of action egated to act on behalf of the Commissioner, may for the central authority in the receiving state is dispose of a vehicle which has been detained, to secure the return of the child either voluntarily removed and stored in accordance with the Road or by initiating court proceedings. The terms of Traffic Act, 1994 (Section 41) Regulations 1995, the convention require that the wrongfully in any manner he or she thinks fit where the removed child be returned to the country of its owner has not claimed it or has not paid the habitual residence except where the court in the charges due in accordance with the regulations. country to which the child was removed deter- If the vehicle for disposal is of monetary value, mines that one of the limited and exceptional cir- it is disposed of at public auction. Moneys cumstances set out in the convention applies. received on foot of these disposals are paid into The Irish central authority, in this case as in all or disposed of for the benefit of the Exchequer others it deals with, is keeping the applicant fully in such manner as the Minister for Finance directs. Any amendment to these regulations is a informed of developments as they occur. I am matter for the Minister for Transport. Every pur- informed by the Garda authorities that a full chaser of such vehicles is obliged to obey all rel- investigation is under way by members of the evant legal requirements in force. Garda Sı´ocha´na into certain aspects of the matters raised. Youth Services. Departmental Staff. 663. Mr. Gregory asked the Minister for Justice, Equality and Law Reform, further to ´ 661. Caoimhghı´nOCaola´in asked the Minister Parliamentary Question No. 461 of 7 February for Justice, Equality and Law Reform the number 2006 regarding funding for a project (details of persons in the immigration section of his supplied), if a request has been received from the Department who were deployed after January Garda authorities for additional funding for this 2005 to the Irish-born child unit; the number of project in Dublin 1. [10675/06] whom have since been redeployed, and to which units; the number remaining in the Irish-born 679. Mr. Gregory asked the Minister for child unit; when he anticipates their redeploy- Justice, Equality and Law Reform, further to ment and to which units; and when he expects the Parliamentary Question No. 461 of 7 February processing times for applications of other types to 2006 regarding funding for the NICKOL project, be reduced as a result of redeployment of the if a request has been received from the Garda Irish-born child unit staff to the units processing authorities for additional funding for this project these other applications. [10616/06] in Dublin 1. [10757/06] 1543 Questions— 21 March 2006. Written Answers 1544

Minister for Justice, Equality and Law Reform reasonable effort to facilitate such requests on (Mr. McDowell): I propose to take Questions receipt of a written explanation as to the reason Nos. 663 and 679 together. underlying the urgency. The NICKOL Garda youth diversion project has been allocated a provisional grant of \109,060 Citizenship Applications. for 2006, which represents an increase of 2% on the project’s grant allocation for 2005. The pro- 666. Mr. Gregory asked the Minister for ject was informed of this by letter from my Justice, Equality and Law Reform if he will Department on 2 January 2006. A first instalment expedite the application of a person (details of \35,000 also issued to the project on that date. supplied) for citizenship. [10680/06] The grant allocation is provisional and it may be revised following examination by my Depart- Minister for Justice, Equality and Law Reform ment of the project’s audited accounts for 2005 (Mr. McDowell): An application for a certificate and projected expenditure for 2006. In accord- of naturalisation from the person referred to by ance with the Garda youth diversion project the Deputy was received in the citizenship section guidelines, each project is required to submit each of my Department on 20 January 2006. The statu- year its audited accounts and annual report for tory declaration at the end of the application the previous year to my Department for consider- form was incorrectly completed and was returned ation. The annual report should include a break- to the applicant on 1 February 2006. The appli- down of projected expenditure and a work plan cation was resubmitted on 6 February 2006 but for the current year. The 2006 deadline for the statutory declaration was still incorrectly com- receipt of this information was 28 February. pleted. The application was again returned to the A budget of \6.6 million has been provided for person concerned on 27 February last and has not the Garda youth diversion projects and local been relodged with the citizenship section to date. drugs task force projects in 2006. This represents When a valid application is received in my an increase of 21% on last year’s budgetary allo- Department, I will give due consideration to the cation. It is my intention to increase the financial matters raised in the correspondence allocation to each existing project this year by 2% accompanying the Deputy’s question. and to apply the balance to supporting the expan- sion of Garda youth diversion projects over the 667. Mr. Cregan asked the Minister for Justice, next two years. I have asked the Garda Com- Equality and Law Reform when a decision will be missioner to bring forward proposals for further made regarding a naturalisation application for a projects. My target is that there will be 100 person (details supplied) in County Limerick that schemes established nationwide before the end was lodged some time back; and if he will make of 2007. a statement on the matter. [10691/06] My Department has recently received corre- spondence from the community relations section Minister for Justice, Equality and Law Reform of the Garda Sı´ocha´na in relation to a request for (Mr. McDowell): An application for a certificate funding from the NICKOL project. Every effort of naturalisation from the person referred to by is made to meet the projected expenditure needs the Deputy was received in the citizenship section of each project within the limits of the resources of my Department in 2003. I am advised by my I have secured. officials that the processing of the application is almost complete and is due to be submitted to me Question No. 664 answered with Question for a decision in the near future. I will inform No. 660. the Deputy and the applicant when the matter is finalised. Registration of Title. Question No. 668 answered with Question 665. Mr. Penrose asked the Minister for Justice, No. 660. Equality and Law Reform if he will take steps to expedite an application pursuant to a section 49 Road Traffic Offences. application on behalf of a person (details supplied) in County Westmeath as it is urgently 669. Ms Shortall asked the Minister for Justice, required to enable the person to deal with their Equality and Law Reform if he is in a position to property; and if he will make a statement on the provide the information requested under matter. [10679/06] Parliamentary Questions Nos. 464 and 465 on 7 February 2006 in relation to the prosecution of Minister for Justice, Equality and Law Reform drink-driving offences. [10698/06] (Mr. McDowell): I have requested the Land Registry to contact the Deputy directly concern- 670. Ms Shortall asked the Minister for Justice, ing the current position of the application in Equality and Law Reform if he is in a position to question. provide the information requested under I understand that, in circumstances where the Parliamentary Question No. 145 of 26 January completion of an application in a particular case 2006 in relation to the number of arrests and sum- is urgent, the Land Registry will make every mons for drink driving. [10699/06] 1545 Questions— 21 March 2006. Written Answers 1546

Minister for Justice, Equality and Law Reform The number of cases where proceedings were (Mr. McDowell): I propose to take Questions commenced either by summons or charge is out- Nos. 669 and 670 together. lined in the following table: I am informed by the Garda authorities that Year Proceedings commenced by summons the number of arrests for drink driving for each or charge of the years 2000-2004 is set out in the following table: 2000* 893 2001* 7,482 2002 10,825 Year Number of Arrests for Drink Driving 2003 9,718 2004 9,666 2000 10,433 2001 12,841 The figures for 2005 are not yet available. 2002 13,441 The breakdown of cases where proceedings 2003 11,344 commenced under sections 49(2), 49(3) and 49(4) of the Road Traffic Act 1961 in respect of blood, 2004 12,307 urine and breath samples in each of the years 2000 to 2005 is set out in the following table:

Year Section 49(2) Blood Section 49(3) Urine Section 49(4) Breath Total

2000* 291 167 295 753 2001* 2,270 1,233 3,747 7,250 2002 2,252 1,399 6,627 10,278 2003 2,130 1,365 5,726 9,221 2004 2,107 1,422 5,597 9,126 2005** 1,574 1,063 6,635 9,272

The following table sets out the breakdown of urine and breath samples in each of the years convictions under sections 49(2), 49(3), and 49(4) 2000 to 2005: of the Road Traffic Act 1961 in respect of blood,

Year Section 49(2) Blood Section 49(3) Urine Section 49(4) Breath Total

2000* 232 131 229 592 2001* 1,603 870 2,206 4,679 2002 1,498 938 3,573 6,009 2003 1,328 863 3,157 5,348 2004 1,210 756 3,372 5,338 2005** 395 255 3,102 3,752 * The figures provided for 2000 and 2001 are incomplete due to the phased implementation of PULSE. The first full year captured is 2002. ** Statistics are provisional operational and liable to change.

Proceedings may commence in a year subsequent Safety and, on receipt of a certificate from the to the year of arrest and are not necessarily com- bureau indicating blood or urine concentration menced and concluded in the same year. Statistics exceeding the legal limit, an appropriate sum- are not available for 1999 as PULSE did not cap- mons is applied for to bring the case before the ture such data at that time. courts. I have also been informed by the Garda auth- Proceedings are not commenced for drink driv- orities that there is no undue delay in instituting ing primarily because the blood, urine or breath proceedings where the blood, urine and breath alcohol concentration does not exceed the legal level exceeds the legal limit. limit. Where a person fails or refuses to provide In cases where the certificate from the eviden- a blood, urine or breath specimen proceedings tial breath testing instrument indicates the breath may be instituted for such failure or refusal and alcohol concentration exceeds the legal limit, it is proceedings may not be commenced for drink the policy of the Garda Sı´ocha´na to charge the driving. person concerned. I am also informed that records are not com- In the case of blood and urine, specimen analy- piled in such a way as to indicate the number of sis is carried out by the Medical Bureau of Road cases where proceedings were not commenced 1547 Questions— 21 March 2006. Written Answers 1548

[Mr. McDowell.] of opening of the public office have been and the amount of time it would take to compile extended and it now opens from 8.30 a.m. until such information could not be justified. 2.30 p.m. each day, formerly 9.30 a.m. to 12.30 p.m. The helpline hours have also been extended Warrant Statistics. and they now operate five days a week. 671. Mr. Deasy asked the Minister for Justice, In the case of personal callers to the public Equality and Law Reform the number of war- office, an inquiry desk remains open until 4 p.m., rants that are outstanding in each Garda division; Monday to Friday, for general immigration-visa if he will break down the total outstanding war- inquiries. rants for each division into bench warrants, com- mittal warrants and penal warrants; and if he will Residency Permits. make a statement on the matter. [10700/06] 674. Mr. Howlin asked the Minister for Justice, Equality and Law Reform the status of the appli- Minister for Justice, Equality and Law Reform cation of a person (details supplied) in County (Mr. McDowell): It has not been possible within Wexford for residency here; and if he will make the timeframe involved to collate the information a statement on the matter. [10727/06] required by the Deputy. I will contact the Deputy directly when the information is to hand. Minister for Justice, Equality and Law Reform (Mr. McDowell): I am pleased to inform the 672. Mr. Deasy asked the Minister for Justice, Deputy that, having considered all the circum- Equality and Law Reform the number of war- stances of this case, the person in question has rants that are outstanding in each Garda district recently been granted permission to remain in the of the Waterford-Kilkenny division; if he will State for a four month period to enable an break down the total outstanding warrants for employer obtain a work permit on his behalf. each district into bench warrants, committal war- rants and penal warrants; and if he will make a statement on the matter. [10701/06] Child Care Services. 675. Mr. Naughten asked the Minister for Minister for Justice, Equality and Law Reform Justice, Equality and Law Reform when a (Mr. McDowell): It has not been possible within decision will be made on an application by a the timeframe involved to collate the information group (details supplied) in County Roscommon; required by the Deputy. I will contact the Deputy the reason for the delay in same; and if he will directly when the information is to hand. make a statement on the matter. [10735/06]

Departmental Offices. Minister for Justice, Equality and Law Reform 673. Mr. J. O’Keeffe asked the Minister for (Mr. McDowell): As the Deputy may be aware, Justice, Equality and Law Reform if his attention the National Childcare Investment Programme has been drawn to the unsatisfactory arrange- 2006-2010 is being implemented by the newly ments for dealing with the public in his Depart- established Office of the Minister for Children, ment; and the steps he is taking to provide an OMC, under the Minister of State with responsi- efficient and an effective functioning Department bility for children, Deputy Brian Lenihan. The that is capable of responding by telephone to programme builds on the success of the Equal those who have dealings with and wish to make Opportunities Childcare Programme 2000-2006, contact with his Department. [10706/06] EOCP, which will conclude in 2007. The new programme aims to provide a proactive response Minister for Justice, Equality and Law Reform to the development of quality child care supports (Mr. McDowell): I can inform the Deputy that and services which are grounded in an under- my Department operates telephone helplines for standing of local child care needs. queries in relation to immigration matters, With regard to the applications from the com- citizenship applications and visa applications. The munity-based group referred to by the Deputy, I hours of operation of the various helplines are as understand that the group in question was follows: immigration matters from 10 a.m. to approved for both capital and staffing grant 12.30 p.m. and from 2 p.m. to 4 p.m. each Mon- assistance under the EOCP. I also understand day, Wednesday and Friday, excluding bank and from inquiries I have made that Pobal, which public holidays; citizenship applications from 10 administers the day-to-day operations of the a.m. to 12.30 p.m. each Tuesday and Thursday, programme, is in dialogue with the group and is excluding bank and public holidays; visa appli- awaiting outstanding information from it in order cations from 10 a.m. until 12.30 p.m. each day, to allow the grants to be drawn down. Monday to Friday. Since January last, when responsibility for the Garda Recruitment. visa office was transferred by the Department of Foreign Affairs to the Irish naturalisation and 676. Mr. Costello asked the Minister for immigration service of my Department, the hours Justice, Equality and Law Reform when he pro- 1549 Questions— 21 March 2006. Written Answers 1550 poses to hold another recruitment campaign for Residency Permits. the Garda Sı´ocha´na. [10739/06] 678. Mr. Gregory asked the Minister for Justice, Equality and Law Reform when a Minister for Justice, Equality and Law Reform decision will be reached regarding the application (Mr. McDowell): I have been informed by the for residency from a person (details supplied) in Garda authorities, which are responsible for the Dublin 1 who has been here for the past ten detailed allocation of resources, including person- years. [10756/06] nel, that while no date has yet been fixed for a new Garda recruitment competition, it is Minister for Justice, Equality and Law Reform expected that a new recruitment competition will (Mr. McDowell): The person concerned arrived be held later this year. in the State on 6 October 1996 and applied for Entry to the Garda Sı´ocha´na is governed by asylum. On 24 April 1998 he withdrew his asylum An Garda Sı´ocha´na (Admissions & application and made an application for residency Appointments) Regulations 1988, as amended. on the basis of his parentage of an Irish national. Recruitment to the Garda Sı´ocha´na is by open This application was subsequently deemed aban- competition conducted by the Public Appoint- doned as the applicant failed to respond to all ments Service, formerly the Office of the Civil correspondence which issued to him from my Service and Local Appointments Commissioners, Department. in conjunction with the Garda Commissioner. In accordance with section 3 of the Immi- There were 8,462 applicants for the current gration Act 1999, as amended, the person was Garda recruitment campaign, which was adver- informed by letter dated 10 November 2003, that tised on 29 September 2005. A total of 4,926 of the Minister proposed to make a deportation these applicants sat the aptitude test and 2,872 order in respect of him. He was given the options, passed. As part of the accelerated recruitment to be exercised within 15 working days, of making campaign to the Garda Sı´ocha´na, interviews are representations to the Minister setting out the ongoing to facilitate the induction of 1,100 reasons he should be allowed to remain tempor- recruits to the Garda Training College this year arily in the State; leaving the State before an and again in 2007, by way of intakes to the Garda order is made or consenting to the making of a deportation order in respect of him. Represen- College of approximately 275 recruits every tations setting out reasons he should not be quarter. deported were received. On 31 January 2006 a The target strength of 14,000 members of the letter issued from my Department to the person’s Garda Sı´ocha´na is in line with the commitment legal representatives affording him the oppor- in An Agreed Programme for Government. This tunity to make further representations. Further commitment remains as when I announced the representations were subsequently received. I Government approval in October 2004 for my expect the case file in this matter to be submitted proposals to achieve this objective. The phased to me shortly for decision. increase in the strength of the Garda Sı´ocha´na to This decision will be taken having regard to 14,000 will lead to a combined strength, of both considerations specified in section 3(6) of the attested gardaı´ and recruits in training, of 14,000 Immigration Act 1999, as amended. These con- by the end of this year. This project is fully on siderations include matters relating to the com- target and will be achieved. mon good, the person’s family and domestic cir- cumstances, as well as humanitarian Citizenship Applications. considerations. Consideration will also be given to the prohibition of refoulement which is con- 677. Mr. Gilmore asked the Minister for tained in section 5 of the Refugee Act 1996, as Justice, Equality and Law Reform if he can con- amended. firm receipt of an application for naturalisation from a person (details supplied) in Dublin 18; if Question No. 679 answered with Question he has examined this application; if a decision has No. 663. been made on this application; and if he will make a statement on the matter. [10740/06] Child Care Facilities. 680. Mr. Deenihan asked the Minister for Minister for Justice, Equality and Law Reform Justice, Equality and Law Reform if additional (Mr. McDowell): An application for a certificate grant aid will be provided for the capital construc- of naturalisation from the person referred to by tion and staffing of a cre`che facility at the the Deputy was received in the citizenship section institute of technology, Dromtacker, Tralee, of my Department on 14 March 2006. County Kerry; and if he will make a statement on The average processing time for a certificate of the matter. [10759/06] naturalisation is 24 months. It is likely, therefore, that the case will be finalised in or around March Minister for Justice, Equality and Law Reform 2008. I will inform the Deputy and the applicant (Mr. McDowell): As the Deputy may be aware, when a decision has been taken in the matter. responsibility for the National Childcare Invest- 1551 Questions— 21 March 2006. Written Answers 1552

[Mr. McDowell.] self that the procedures followed in the determi- ment Programme 2006-2010 has been assigned to nation of the application for refugee status in the the Department of Health and Children as part case of a person (details supplied) in County of the establishment of the new Office of the Waterford are fully in accordance with due pro- Minister for Children under the Minister of State cess, with particular reference to the veracity of with responsibility for children, Deputy Brian generally known facts in respect of the country Lenihan. of origin, the several references to the applicants With regard to the application for capital grant claims implying disbelief; his views on whether assistance under the Equal Opportunities Child- the work of the decision of the Refugee Appeals care Programme 2000-2006, I understand that the Tribunal is self serving; if he has fully or separ- community-based group in question was ately satisfied himself that the person is in no approved capital funding of \700,000 in March danger if returned to their homeland; if he will 2005. I also understand that the group has sought defer further action on refoulement until verifi- additional capital grant assistance and that this cation can be obtained; and if he will make a appeal is in the final stages of the appraisal pro- statement on the matter. [10850/06] cess. When this process has been completed, the group will be informed of the outcome. Minister for Justice, Equality and Law Reform With regard to an application for staffing grant (Mr. McDowell): The person concerned arrived assistance, I understand that, while the group has in the State on 28 January 2004 and applied for indicated that it will apply for such a grant, there asylum. His application was refused following is no record of a formal application being consideration of his case by the Office of the received to date. Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Sub- Registration of Title. sequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was 681. Mr. P. McGrath asked the Minister for informed by letter, dated 13 February 2006, that Justice, Equality and Law Reform if the Land the Minister proposed to make a deportation Registry Office will expedite a dealing (details order in respect of him. He was given the options, supplied) in County Cork. [10761/06] to be exercised within 15 working days, of making representations to the Minister setting out the Minister for Justice, Equality and Law Reform reasons he should be allowed to remain tempor- (Mr. McDowell): I have requested the Land arily in the State; leaving the State before an Registry to contact the Deputy directly concern- order is made or consenting to the making of a ing the current position of the application in deportation order, in respect of him. question. His case file, including all representations sub- I understand that in circumstances where the mitted, will be considered under section 3(6) of completion of an application in a particular case the Immigration Act 1999, as amended, and is urgent, the Land Registry will make every section 5 of the Refugee Act 1996, prohibition of reasonable effort to facilitate such requests on refoulement. I expect the file to be passed to me receipt of a written explanation as to the reason for decision in due course. underlying the urgency. The Refugee Appeals Tribunal was established in November 2000 following the commencement Visa Applications. in full of the Refugee Act 1996. Its purpose is to 682. Mr. P. Breen asked the Minister for consider appeals from negative recommendations Justice, Equality and Law Reform, further to of the Refugee Applications Commissioner in Parliamentary Question No. 500 of 14 February respect of applications for refugee status. The tri- 2006, the status of an appeal application for a per- bunal is independent in the performance of its son (details supplied) in County Clare; and if he functions under section 15 of the Refugee Act, will make a statement on the matter. [10849/06] 1996, as amended, and plays a very important role in assisting the State to meet its obligations under Minister for Justice, Equality and Law Reform the 1951 Geneva Convention relating to the (Mr. McDowell): The applications referred to by status of refugees. the Deputy were processed by the visa office recently established in the Irish Embassy in New Asylum Applications. Delhi, staffed by dedicated visa officers of my Department. I am informed that no appeal 684. Mr. Durkan asked the Minister for Justice, against the refusal decisions have been received Equality and Law Reform the residency status in by that office to date. All appeals must be submit- the case of a person (details supplied) in Dublin ted within two months of receipt of the initial 11; and if he will make a statement on the refusal decision. matter. [10851/06] Minister for Justice, Equality and Law Reform Refugee Status. (Mr. McDowell): The person concerned arrived 683. Mr. Durkan asked the Minister for Justice, in the State on 2 February 2005 and applied for Equality and Law Reform if he has satisfied him- asylum. His application was refused following 1553 Questions— 21 March 2006. Written Answers 1554 consideration of his case by the Office of the be granted; and if new policy initiatives in this are Refugee Applications Commissioner and, on planned. [10853/06] appeal, by the Refugee Appeals Tribunal. Sub- sequently, in accordance with section 3 of the Minister for Justice, Equality and Law Reform Immigration Act 1999, as amended, he was (Mr. McDowell): As the Deputy will be aware, informed by letter, dated 30 September 2005, that the issue of claims for leave to remain in the State the Minister proposed to make a deportation by the non-national parents of Irish-born children order in respect of him. He was given the options, has been a matter of serious concern to the to be exercised within 15 working days, of making Government. A claimed right to reside in Ireland representations to the Minister setting out the based solely on the birth of a child in Ireland had reasons he should be allowed to remain tempor- come to be used as a method of attempting to arily in the State; leaving the State before an circumvent normal immigration controls. In order order is made or consenting to the making of a to address these concerns, a referendum was held deportation order, in respect of him. in June 2004 to amend the citizenship provisions His case file, including all representations sub- in the Constitution which was overwhelmingly mitted, will be considered under section 3(6) of carried. This allowed the Oireachtas to deal with the Immigration Act 1999, as amended, and the issue of citizenship for children of non- section 5 of the Refugee Act 1996, prohibition of national parents and the Irish Nationality and refoulement. I expect the file to be passed to me Citizenship Act 2004 was enacted. for decision in due course. There were also concerns as to the knock-on consequences of granting permission to remain to the parents of Irish-born children and the extent Child Care Facilities. to which family reunification was being used to 685. Mr. Deenihan asked the Minister for bring other family members into the State. Fol- Justice, Equality and Law Reform the position lowing the enactment of the Irish Nationality and regarding the provision of grant aid to provide a Citizenship Act 2004, I introduced the IBC/05 family resource centre in Listowel, County Kerry; scheme which facilitated the non-national parents and if he will make a statement on the matter. of Irish-born children who wished to remain in [10852/06] this State. Almost 17,000 people were granted permission to remain in Ireland under the terms Minister for Justice, Equality and Law Reform of this scheme. All those who availed of the (Mr. McDowell): As the Deputy may be aware, IBC/05 scheme have signed a declaration indicat- responsibility for the National Childcare Invest- ing their understanding that permission to remain ment Programme 2006-2010 has been assigned to granted under the IBC/05 scheme would not the Department of Health and Children as part extend to any entitlement to be joined by family of the establishment of the new Office of the members from abroad. Minister for Children, under the Minister of State The general policy of the Government is not with responsibility for children, Deputy Brian to grant family reunification to persons who have Lenihan. permission to remain in the State on the basis of parentage of an Irish-born child. However, any The group in question was recently approved such applications are examined on a case-by-case staffing grant assistance up to 31 December 2007 basis. The Government has no plans to change under the Equal Opportunities Childcare Prog- this policy for the future. ramme 2000-2006. I understand that an appli- cation for capital funding was submitted by the group in December 2005. This application will Irish Prison Service. undergo a thorough assessment by Pobal, for- 687. Mr. Bruton asked the Minister for Justice, merly known as Area Development Management Equality and Law Reform the extent to which the Limited, before being submitted to the prog- new annualised hour contracts have impacted on ramme appraisal committee of the Office of the the delivery of service and on the efficiency of Minister for Children and a decision being made. services since they have been introduced; his The group will be advised of the outcome in due views on whether some adverse outcomes have course. accompanied these changes, such as, longer lock- up hours for prisoners, particularly those in high Citizenship Applications. risk categories; and if he will make a statement on the matter. [10854/06] 686. Mr. Bruton asked the Minister for Justice, Equality and Law Reform the circumstances in Minister for Justice, Equality and Law Reform which he is willing to grant family reunification in (Mr. McDowell): The Deputy is referring to the the cases of persons who were granted residency proposal for organisational change in the Irish rights here on account of having Irish born chil- Prison Service which was accepted by staff in dren; if, with the passage of time when such per- August 2005. The central element of the agree- sons are eligible to apply for naturalisation, his ment is the replacement of overtime with a new policy changes towards the circumstances in additional hours system which is broadly based which opportunities for family unification would on the concept of annualised hours. 1555 Questions— 21 March 2006. Written Answers 1556

[Mr. McDowell.] prisons have been maintained and there are no I am pleased to inform the Deputy that I have plans to introduce longer lock up times for pris- reversed the unacceptable trend of spiralling oners generally or for high risk prisoners in the overtime costs which has been a feature of our context of the new arrangements. prisons operations for many years. As a result of 688. Mr. Bruton asked the Minister for Justice, my determination to tackle this unsustainable Equality and Law Reform the key performance dependence on overtime to run our prisons there \ indicators which he monitors in respect of cost was a reduction in the overtime bill of some 13.4 and efficiency of service in respect of the prison million in 2004 compared to 2003. service; and the way in which these have moved The Deputy will appreciate that it takes time in respect of the Dublin prisons in the past three and a great deal of effort to roll out such a major years. [10855/06] programme of change. The agreement provides for implementation of the new additional hours Minister for Justice, Equality and Law Reform arrangements and the elimination of overtime (Mr. McDowell): The key performance indicator identifying the cost and efficiency for the prison working across the service within six months of service is the cost of keeping an offender in the date of acceptance, i.e., by 18 February 2006. prison. This has fallen over the last three years These new working arrangements were success- from \84,750 in 2002 to \83,800 in 2004 as set out fully rolled out in the various prisons and places below. The reduction in cost is due to the strict of detention in three phases, with the final group budget management, and in particular overtime of prisons “going live” on 11 February 2006. management. In this regard, I am pleased to As regards the extent to which the new inform the Deputy that I have reversed the additional hours contracts have impacted on the unacceptable trend of spiralling overtime costs delivery of service and on the efficiency of which has been a feature of our prisons oper- services since they were introduced, progress is ations for many years. As a result of my determi- being made, even though the new arrangements nation to tackle this unsustainable dependence on have only been in place for a short period of time. overtime to run our prisons there was a reduction As regards the issue of longer lock up times, I in the overtime bill of some \13.4 million in 2004 can confirm that standard out of cell times across compared to 2003.

Prison/Place of Detention 2002 2003 2004

Arbour Hill 71,550 73,600 70,400 Castlerea 72,100 75,250 70,000 Cork 71,050 72,350 75,000 Cloverhill 72,400 83,300 76,100 Curragh 72,400 70,100 Prison closed Fort Mitchell 100,100 96,050 Prison closed Do´ chas Included in Mountjoy Included in Mountjoy 82,800 Limerick 86,450 90,200 73,000 Loughan House 62,850 67,700 63,900 Midlands 72,850 77,300 75,900 Mountjoy 95,900 97,900 91,800 Portlaoise 206,700 232,100 225,200 Shanganagh Castle 169,450 Prison closed Prison closed Shelton Abbey 84,850 80,100 82,000 St. Patrick’s 85,550 82,300 79,800 Training Unit 63,600 71,800 72,300 Wheatfield 72,350 75,800 71,300

Overall 84,750 87,950 83,800

689. Mr. Bruton asked the Minister for Justice, Deputy that new working arrangements under Equality and Law Reform the key service indi- the agreed proposal for organisational change cators which his Department uses to monitor the should enhance prisoner regimes in the years quality of services standards in prisons here; and ahead, particularly in terms of improving avail- the way in which these have moved in the past ability and facilities, and making the most of out three years in respect of the Dublin prisons of cell time for prisoners. (details supplied). [10856/06] Apart from service levels, there are issues too in regard to quality of services. Rigorous standard Minister for Justice, Equality and Law Reform setting and external review mechanisms have (Mr. McDowell): I am pleased to advise the 1557 Questions— 21 March 2006. Written Answers 1558 been responsible for the transformation of areas such as prison hygiene and catering standards in Garda management states that it is the responsi- recent years, to the point where prison kitchens bility of each divisional officer to allocate person- are consistent recipients of national awards. nel within his or her division at levels on a Health care standards are in place since 2004 and priority basis in accordance with the require- it is intended that the first audit will take place in ments of different areas in the division. The allo- 2006. In the period 2006-08, the intention is to cation of such resources throughout the division build on these successes by extending minimum is determined by a number of factors, including standards and measurement systems into other demographics, administrative functions, crime areas of prisoner care. This will be driven by a trends and other operational policing needs. more broadly based care standards framework I am pleased to point out to the Deputy that which is being developed. during the period concerned the number of These standards and service levels will be sup- gardaı´ across the six stations increased by over ported by the introduction of information tech- 8%. Garda management further states that Garda nology that will provide key management infor- personnel assigned throughout the country, mation which will inform improvements in together with overall policing arrangements and service levels and standards. A work training operational strategy, are continually monitored database that records prisoner participation in and reviewed. Such monitoring ensures that opti- pre-vocational and vocational training was intro- mum use is made of Garda resources, and the duced in 2005. best possible Garda service is provided to the general public. Garda Deployment. The timescale for achieving the target strength 690. Mr. Hayes asked the Minister for Justice, of 14,000 members of the Garda Sı´ocha´na in line Equality and Law Reform the number of gardaı´ with the commitment in An Agreed Programme stationed in Clonmel, Carrick-on-Suir, Tipperary, for Government remains as when I announced Cahir, Fethard and Cashel in south Tipperary; the the Government approval in October 2004 for my number of extra gardaı´ that have been allocated proposals to achieve this objective. The phased to each town listed since 1997; the further number increase in the strength of the Garda Sı´ocha´na to of gardaı´ that have been taken away from each 14,000 will lead to a combined strength, of both town listed since 1997; and the number of gardaı´ attested gardaı´ and recruits in training, of 14,000 located in each of the towns per thousand citi- by the end of this year. This project is fully on zens. [10882/06] target and will be achieved. As part of the accelerated recruitment cam- Minister for Justice, Equality and Law Reform paign to facilitate this record expansion, 1,125 (Mr. McDowell): I have been informed by the Garda recruits were inducted to the Garda Garda authorities, which are responsible for the College during 2005. The college will induct a detailed allocation of resources, including person- further 1,100 recruits this year and again in 2007, nel, that the personnel strength, all ranks, of the by way of intakes to the Garda College of Garda Sı´ocha´na as at 31 December 1997 and 20 approximately 275 recruits every quarter. The March 2006 was 10,702 and 12,445, respectively. first incremental increase of newly attested gardaı´ This represents an increase of 1,743, or 16.3%, under the programme of accelerated recruitment in the personnel strength of the Garda Sı´ocha´na took place on 15 March 2006. during that period. The Garda Commissioner will be drawing up I have been further informed by the Garda plans on how best to distribute and manage these authorities that the personnel strength of additional resources and in this context, the needs Clonmel, Carrick-On-Suir, Tipperary, Cahir, of the Garda stations referred to by the Deputy Fethard and Cashel Garda stations as at 31 will be fully considered within the overall context December 1997 and as at 20 March 2006 was as of the needs of Garda stations throughout the set out in the following table: country.

Station 31/12/97 20/03/06 No. of Gardaı´ Visa Applications. per 1,000 Population* 691. Ms Cooper-Flynn asked the Minister for Justice, Equality and Law Reform if a decision Clonmel 38 42 2.08 has been made on a family reunification appli- Carrick-On-Suir 16 16 2.19 cation for a person (details supplied) in County Tipperary 31 29 3.62 Mayo; if no decision has been made the stage the Cahir 22 29 5.65 application is at; when a decision is expected; and if the contact details for the person have been Fethard 3 2 0.51 updated to their new address in County Mayo. Cashel 12 14 2.78 [10883/06] * The number of gardaı´ per 1,000 population is calculated using the official 2002 census figures as supplied by the Cen- Minister for Justice, Equality and Law Reform tral Statistics Office and the official strength of the named (Mr. McDowell): The refugee in question made Garda stations as at 20 March 2006. 1559 Questions— 21 March 2006. Written Answers 1560

[Mr. McDowell.] and 2005. I understand that Cashel is included in an application for family reunification in respect the Cahir Garda district, and that Fethard and of his wife in December 2003. This application Carrick-on-Suir are included in the Clonmel was approved in February 2005. There are no Garda district. applications pending in respect of family It should be borne in mind that any interpreta- members of the above named. tion of the crime figures should factor in the Correspondence has been received from the increase in our population in the past ten years. above named enquiring as to the status of an In 1995, with a population of almost 3.6 million application in respect his daughter. He has been people, there were 29 crimes per 1,000 of the notified in writing that my Department has no population. In 2005, with a population of over 4.1 record of same. No change of contact details have million, there were 24.6 crimes per 1,000 of the been received, however, my Department will population, a reduction of 4.4 crimes per 1,000 of reissue the above letter to the person concerned the population. on receipt of the new address. It is important to note that offences in the homicide group are wider than the offences of Crime Levels. murder and manslaughter. The homicide group of headline offences also includes the offences of 692. Mr. Hayes asked the Minister for Justice, attempted murder, murder threats, infanticide, Equality and Law Reform the crime statistics for abortion and procuring or assisting in an the towns of Cashel, Cahir, Clonmel, Fethard, abortion. Carrick-on-Suir and Tipperary for each of the I am pleased to see that the Garda policing years 2004 and 2005. [10884/06] plan 2006, under the heading, Policy Reviews 2006, includes a commitment to assessing causes Minister for Justice, Equality and Law Reform of the rise in crimes of burglary in 2005. This (Mr. McDowell): I am informed by the Garda work has commenced with a view to reversing the authorities that the following table shows the current upward trend and identifying strategies to number of headline offences by group recorded target this significant issue. It is intended to and detected in the Garda districts of Cahir, mount special operations in particular problem Clonmel and Tipperary town for the years 2004 areas.

Table 1 Headline Offences Recorded and Detected for the Garda District of Tipperary Town for the years 2004 and 2005*

2005* 2004

Rec Det Rec Det

Homicide 0000 Assault 9 6 22 15 Sexual Offences 9364 Arson 0042 Drugs 13 13 5 5 Theft 105 39 121 43 Burglary 82 24 69 19 Robbery 5120 Fraud 14 7 15 11 Other 7611

Total 244 99 245 100 * Figures provided for 2005 are provisional, operational and liable to change.

Table 2 Headline Offences Recorded and Detected for the Garda District of Cahir Town for the years 200 and 2005*

2005* 2004

Rec Det Rec Det

Homicide 0000 Assault 18 9 20 17 Sexual Offences 2065 Arson 0021 Drugs 17 17 9 9 Theft 104 16 138 42 1561 Questions— 21 March 2006. Written Answers 1562

2005* 2004

Rec Det Rec Det

Burglary 99 9 79 11 Robbery 4222 Fraud 11 9 13 8 Other 10663

Total 265 68 275 98 * Figures provided for 2005 are provisional, operational and liable to change.

Table 3 Headline Offences Recorded and Detected for the Garda District of Clonmel Town for the years 2004 and 2005*

2005* 2004

Rec Det Rec Det

Homicide 1010 Assault 52 30 42 37 Sexual Offences 43 22 18 5 Arson 9 3 15 1 Drugs 24 24 12 12 Theft 308 164 263 128 Burglary 220 28 124 19 Robbery 4394 Fraud 38 26 17 13 Other 18 13 22 18

Total 717 313 523 237 * Figures provided for 2005 are provisional, operational and liable to change.

Asylum Applications. one state will process their application, thereby preventing the creation of “refugees in orbit”, a 693. Mr. Durkan asked the Minister for Justice, situation which had pertained in Europe prior to Equality and Law Reform the reason it is pro- the introduction in 1995 of its predecessor, posed to transfer persons (details supplied) in namely, the Dublin Convention. Under the County Clare to France to have their refugee Dublin Convention, and now the Dublin II Regu- status determined when it is known that appli- lation, the Office of the Refugee Applications cation was already made there and refused and Commissioner can, on the basis of the relevant that the applicants were returned to Democratic criteria, request another state to accept responsi- Republic of Congo where they were imprisoned, bility for an asylum application and have it pro- raped and tortured; his views on whether the cessed in that other state. likely outcome is a repeat of this treatment to the The persons concerned, a mother and child, event of return to France and Democratic made an asylum claim in Ireland on 8 November Republic of Congo; if he will grant extended 2005. Following investigation, it was determined leave to reside here to facilitate a full examin- by the Office of the Refugee Applications Com- ation of the case and the human rights con- missioner that, pursuant to the provisions of the sequences; and if he will make a statement on the Dublin II Regulation, France was the appropriate matter. [10885/06] state to process their applications as they had already made asylum claims there on 11 June Minister for Justice, Equality and Law Reform 2004, albeit under different names and dates of (Mr. McDowell): Before dealing with the specif- birth. The persons concerned were offered an ics of the question, I should briefly explain the opportunity to appeal the determination of the workings of the Dublin II Regulation (Council Office of the Refugee Applications Com- Regulation (EC) No. 343/2003). This regulation is missioner, ORAC, to the Office of the Refugee intended to prevent the phenomenon of “asylum Appeals Tribunal which they duly did on 19 shopping” across Europe and sets out criteria for January 2006 through their legal representatives. determining which member state is responsible The Refugee Appeals Tribunal upheld the deter- for examining an asylum application where appli- mination of the ORAC, i.e. that the persons con- cations have been lodged in more than one state. cerned should have their asylum claims examined At the same time it guarantees applicants that in France and the persons concerned were for- 1563 Questions— 21 March 2006. Written Answers 1564

[Mr. McDowell.] State benefits and services which includes mally notified of this decision by letter dated 21 attending State funded schools. February 2006. The persons concerned were kept It follows that the child of an individual in the informed of developments throughout the course State on a self-sufficiency basis is not entitled to of their asylum applications in Ireland and were attend a public-non-fee paying school. Should made aware as soon as it was possible to do so such an individual wish to enroll their child in the that their cases came under the terms of the schooling system they would have to do this Dublin II Regulation. through a fee-paying school or fee-paying France accepted responsibility for the cases of institution. the persons concerned with the consequence that The immigration division of my Department is transfer orders were signed in respect of them on still awaiting a reply to the request for docu- 10 January 2006. These orders issued to the per- mentation as referred to by the Deputy. sons concerned on 16 January 2006, requiring them to present themselves to the Garda 695. Mr. Durkan asked the Minister for Justice, National Immigration Bureau, GNIB, 13-14 Equality and Law Reform the position in the Burgh Quay, Dublin 2 on Monday 23 January matter of family reunification or residency in the 2006. They failed to present as required and, as case of a person (details supplied) in Dublin 1; such, are classified as having evaded their and if he will make a statement on the matter. transfers. Consequently the adult involved is now [10887/06] liable to arrest and detention. The persons con- cerned should present themselves to the Garda Minister for Justice, Equality and Law Reform Sı´ochana without further delay so that travel (Mr. McDowell): An application for family reuni- arrangements can be made to effect their transfer fication was made by the person in question in to France. May 2003. This application was refused and the In accordance with the provisions of the Dublin person in question was notified of the decision in II Regulation, France, not Ireland, is responsible writing on 18 July 2005. for examining the asylum claims of the persons concerned. As a result, it is not my intention to Deportation Orders. examine their asylum claims here, nor is it my 696. Mr. Durkan asked the Minister for Justice, intention to grant the persons concerned any Equality and Law Reform if all aspects of the period of leave to reside here. Given that the per- case have been fully examined in the proposal to sons concerned lodged their initial asylum claims deport persons (details supplied) in County in France, it is entirely appropriate that the per- Meath; if references to the common good incor- sons concerned be transferred to that state. porate the well being and safety of the applicants; if his attention has been drawn to the safety and Residency Permits. life threatening situation in the event of deport- ation; and if he will make a statement on the 694. Mr. Durkan asked the Minister for Justice, matter. [10888/06] Equality and Law Reform the way in which he expects a person (details supplied) in County Minister for Justice, Equality and Law Reform Kildare to send their children to fee-paying (Mr. McDowell): The person concerned, together schools when there are no such schools in the with one child, arrived in the State on 2 January area; if he will re-examine the application on foot 2005. It is understood that she gave birth to a of enclosures; and if he will make a statement on second child on the day of her arrival in the State. the matter. [10886/06] The person concerned, on behalf of herself and her two dependent children, applied for asylum Minister for Justice, Equality and Law Reform on 6 January 2005. Her asylum application was (Mr. McDowell): I understand that the person in refused following consideration of her case by the question entered the State on 7 November 2005 Office of the Refugee Applications Com- and was granted permission to remain until 7 missioner and, on appeal, by the Office of the February 2006 as a visitor on a self-sufficiency Refugee Appeals Tribunal. basis. The person concerned has now lodged an The person concerned was informed by letter application with the immigration division of my dated 23 September 2005, that the Minister pro- Department to remain in the State. posed to make deportation orders in respect of It is important to emphasise that persons per- her and her children and afforded them three mitted to enter the State as visitors do not have options in accordance with section 3 (3)(b)(ii) of an automatic entitlement to remain here there- the Immigration Act 1999, as amended, namely, after. The permission to remain was granted in to leave the State voluntarily, to consent to the respect of the person concerned strictly on the making of deportation orders or to submit, within grounds that she and her dependants cannot have 15 working days, representations to the Minister, access to State funds, services or benefits. They in writing, setting out the reasons why they cannot, therefore, have an expectation, having should be allowed to remain temporarily in the been permitted to enter as visitors, to avail of State. 1565 Questions— 21 March 2006. Written Answers 1566

In determining whether to make a deportation uses extensive country of origin information order or grant temporary leave to remain in the drawn from different independent sources, State, I must have regard for the eleven factors including United Nations High Commission for set out in section 3(6) of the Immigration Act Refugees, UNHCR, in evaluating the safety of 1999 (as amended). These factors include an making returns to countries of origin, including examination of the common good and any Nigeria as in this case. humanitarian considerations. In addition to the I am satisfied that applications for asylum and eleven factors contained in section 3(6) of the leave to remain in the State of the persons con- Immigration Act 1999, as amended, I must also cerned, together with all refoulement issues, have have regard for section 5 of the Refugee Act 1996 been comprehensively and fairly considered and, on the prohibition of refoulement. as such, it is my intention that their deportation The case of the persons concerned was exam- from the State should proceed. The enforcement ined under section 3(6) of the Immigration Act of the deportation orders is now an operational 1999 as amended, and section 5 of the Refugee matter for the Garda National Immigration Act 1996, prohibition of refoulement. Consider- Bureau. ation was given to all representations received on their behalf for temporary leave to remain in the Citizenship Applications. State. On 3 March 2006 I refused temporary leave 697. Mr. Durkan asked the Minister for Justice, to remain in the State and instead signed deport- Equality and Law Reform the progress in the ation orders in respect of the persons concerned. case of an application for naturalisation in the Notice of these orders was served by registered case of a person (details supplied) in County post requiring the persons concerned to present Kildare, given that all details have been submit- themselves to the Garda National Immigration ted; and if he will make a statement on the Bureau, GNIB, on 13 March 2006, in order to matter. [10889/06] make arrangements for their removal from the State. The persons concerned presented as Minister for Justice, Equality and Law Reform required and were given a further presentation (Mr. McDowell): I informed the Deputy in date of 16 March 2006. The persons concerned response to Parliamentary Question No. 227 on failed to present as required on that date and are 24 November 2005 and also to Question No. 298 now classified as evading their deportation. They on 15 December 2005 that an application for a should present themselves to the GNIB without certificate of naturalisation from the person delay. The effect of the deportation orders is that referred to by the Deputy had been received in the persons concerned must leave the State and July 2005. remain thereafter out of the State. Officials in the citizenship section of the In addition to the asylum application, the per- Department of Justice, Equality and Law Reform son concerned also submitted an application for wrote to the person in question on 21 October permission to remain in the State on the basis of 2005 seeking further documents in connection her parentage of an Irish-born child born in the with the application. No reply was received and a State before 1 January 2005, under the revised reminder issued on 4 March last. To date no reply arrangements I announced on 15 January 2005. has been received to either letter. It is not pos- However, following the citizenship referendum of sible to continue with processing the application 2004 and the subsequent Immigration and of the person concerned until the requested docu- Citizenship (Amendment) Act 2004, which came ments have been submitted. into effect on 1 January 2005, a child born in Ireland after 1 January 2005 is not entitled to Irish citizenship solely by virtue of being born in Residency Permits. Ireland. The person concerned therefore did not 698. Mr. Durkan asked the Minister for Justice, qualify for residency under the revised arrange- Equality and Law Reform the residency status in ments referred to because the child in question the case of a person (details supplied) in Dublin was born in the State after 1 January 2005. The 6; if his attention has been drawn to their health person concerned was notified of the decision to situation; and if he will make a statement on the refuse her application by letter dated 7 October matter. [10890/06] 2005. The safety of returning a person, or refoule- Minister for Justice, Equality and Law Reform ment, as it is referred to, is fully considered in (Mr. McDowell): I refer the Deputy to the every case when deciding whether to make a answers I gave to Parliamentary Questions Nos. deportation order. This means that a person shall 384 on 6 December 2005, 183 on 1 December not be expelled from the State or returned in any 2005 and 46 on 20 October 2005. The person con- manner whatsoever to a state where, in my cerned applied for permission to remain in the opinion, the life or freedom of that person would State under the revised arrangements announced be threatened on account of his or her race, by me on 15 January 2005 for the processing of religion, nationality, membership of a particular applications from the non-national parents of social group or political opinion. My Department Irish-born children born before 1 January 2005. 1567 Questions— 21 March 2006. Written Answers 1568

[Mr. McDowell.] Grant Payments. For the reasons set out in my previous replies the 701. Mr. J. Higgins asked the Minister for applicant does not meet the criteria for the grant- Justice, Equality and Law Reform if he has ing of permission to remain in the State under the received a request for funding from the Missing revised arrangements, and her application was in Ireland Support Service. [10970/06] refused on that basis. All matters relating to the refusal of this application will be taken into Minister for Justice, Equality and Law Reform account by me in the context of the consideration (Mr. McDowell): In March 2005 I established the of the file under the terms of section 3 of the Commission for the Support of Victims of Crime Immigration Act 1999, as amended. to devise an appropriate support framework for victims of crime into the future and to disburse 699. Mr. Durkan asked the Minister for Justice, funding for victim support measures. The com- Equality and Law Reform the residency status in mission is entirely independent in its decision- the case of a person (details supplied) in Dublin making and examines each application on its mer- 6; if his attention has been drawn to their health its. The commission received an application from situation; and if he will make a statement on the the Missing in Ireland Support Service for matter. [10891/06] \71,600 to establish, staff and operate a helpline for missing persons. After careful consideration Minister for Justice, Equality and Law Reform of the application the commission decided to (Mr. McDowell): I refer the Deputy to the answer offer funding of \25,000; however, this offer was I gave to Parliamentary Question No. 384 on 6 rejected by the Missing in Ireland Support December 2005. The person concerned applied Service. It should be borne in mind in this context for permission to remain in the State under the that the commission is charged with funding sup- revised arrangements announced by me on 15 port services for victims of crime, and that, while January 2005 for the processing of applications some persons who are missing are crime victims, from the non-national parents of Irish-born chil- most are not. dren born before 1 January 2005. For the reasons Other than the request to the independent set out in my previous reply the applicant does commission for funding, no request for funding not meet the criteria for the granting of per- has been made by the Missing in Ireland Support mission to remain in the State under the revised Service to the Department of Justice, Equality arrangements, and his application was refused on and Law Reform as such. It remains open to the Missing in Ireland Support Service to make an that basis. All matters relating to the refusal of application to the Department for assistance if it this application will be taken into account by me so wishes. Any such application will be carefully in the context of the consideration of the file considered on its merits. under the terms of section 3 of the Immigration Act 1999, as amended. Garda Investigation. 702. Mr. Gregory asked the Minister for Visa Applications. Justice, Equality and Law Reform if the Garda Sı´ocha´na received a report on the blooding of 700. Ms Enright asked the Minister for Justice, greyhounds and of extreme cruelty to animals Equality and Law Reform, further to Parliamen- (details supplied); the action the Garda is taking; tary Question No. 252 of 15 February 2006, if if this matter will be monitored at the specific there have been further developments regarding times given; and if he will make a statement on an application for a holiday visa; and if he will the matter. [10982/06] make a statement on the matter. [10892/06] Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by the Garda (Mr. McDowell): The application referred to by authorities that the incident referred to by the the Deputy was received in the visa office on 10 Deputy is being investigated by the Garda Sı´och- February 2006. Having given full consideration to a´na. I understand that the Dublin Society for the the matter, the application was refused on 23 Prevention of Cruelty to Animals and the South February 2006. It is open to applicants to appeal Dublin County Council Dog Warden are assisting against the refusal of a visa application by writing the Garda authorities in their investigation. I am to the visa appeals officer and submitting any further informed that targeted Garda patrols will additional documentation which they feel may be carried out in the area referred to in order to support the application. Any such appeal must be combat this activity. submitted to the Department of Justice, Equality and Law Reform within two months of receipt of Registration of Title. the initial refusal decision. 703. Mr. Penrose asked the Minister for Justice, 1569 Questions— 21 March 2006. Written Answers 1570

Equality and Law Reform if he will take steps to divisional crime task force and divisional traffic expedite an application for first registration by a unit all assist on an ongoing basis in counteracting person (details supplied) in County Longford; the use of drugs and house break-ins in the and if he will make a statement on the matter. Finglas area. [10993/06] Public Order Offences. Minister for Justice, Equality and Law Reform (Mr. McDowell): I have requested the Land 705. Mr. Stagg asked the Minister for Justice, Registry to contact the Deputy directly concern- Equality and Law Reform if, further to ing the current position of the application in ques- Parliamentary Question No. 134 of 23 February tion. I understand that, in circumstances where 2006, there has been any success regarding the the completion of an application in a particular closure orders issued on the take-away establish- case is urgent, the Land Registry will make every ments. [11072/06] reasonable effort to facilitate such requests on Minister for Justice, Equality and Law Reform receipt of a written explanation as to the reason (Mr. McDowell): I am informed by the Garda underlying the urgency. authorities that there has been non-compliance with a notice served under the provisions of Garda Operations. section 4 of the Criminal Justice (Public Order) 704. Mr. Carey asked the Minister for Justice, Act 2003 on premises referred to by the Deputy. Equality and Law Reform the measures the The Garda authorities are now giving consider- Garda Sı´ocha´na may take to counteract the use ation to bringing these matters before the courts of drugs and house break-ins in the Finglas area; in accordance with the Criminal Justice (Public and if he will make a statement on the matter. Order) Act, 2003. [10994/06] Garda Strength. Minister for Justice, Equality and Law Reform 706. Mr. Stagg asked the Minister for Justice, (Mr. McDowell): I am informed by the Garda Equality and Law Reform the number of gardaı´ authorities that local Garda management has a in the Carlow-Kildare division on 28 February number of initiatives in place to counteract the 2006. [11077/06] use of drugs and house break-ins in the Finglas area. To counteract the use of drugs in the area, Minister for Justice, Equality and Law Reform the Garda K district drugs unit carries out (Mr. McDowell): I have been informed by the searches on a regular basis in the area on those Garda authorities, which are responsible for the suspected of being involved in drug activity. Also, detailed allocation of resources, including person- Operation Colt has been set up specifically to tar- nel, that the personnel strength across all ranks get the sale, supply and use of drugs in licensed of the Garda Sı´ocha´na as at 31 December 1997 premises. A number of successful detections and and 20 March 2006 was 10,702 and 12,445, respec- prosecutions have been made through these tively. This represents an increase of 1,743, initiatives. 16.3%, in the personnel strength of the Garda I am also informed by the Garda authorities Sı´ocha´na during that period. that the SNAP, Say No And Phone, campaign I have been further informed by the Garda was launched in the Finglas area in March 2005. authorities that the personnel strength of the This is an anti-drugs initiative that encourages Carlow-Kildare division as at 28 February 2006 members of the community with information was 333 across all ranks. The personnel strength relating to drugs activity to telephone a confiden- of the Carlow-Kildare division as at 31 December tial Garda hotline. This information is appraised 1997 was 281 across all ranks. This represents an and acted upon where appropriate. The SNAP increase of 52, 19%, in the numbers of gardaı´ campaign has already resulted in a significant allocated to the Carlow-Kildare division over number of successful seizures of controlled drugs. that period. There are a number of initiatives in place to The division’s resources are further augmented target house break-ins in the Finglas area. Crime by a number of Garda national units such as the prevention advice in this regard is given to local Garda National Immigration Bureau, GNIB, the residents and senior citizens groups. There is a Criminal Assets Bureau, CAB, and other special- regular analysis of trends involving such crime ised units. with active patrolling of any areas affected. Tech- The timescale for achieving the target strength nical examinations are carried out of all crime of 14,000 members of the Garda Sı´ocha´na in line scenes with a view to identifying culprits and initi- with the commitment in An Agreed Programme ating proceedings. for Government remains as when I announced I am further informed by the Garda authorities the Government approval in October 2004 for my that the Finglas patrol car, Finglas detective unit, proposals to achieve this objective. The phased the K district drugs unit, the public order van, the increase in the strength of the Garda Sı´ocha´na to 1571 Questions— 21 March 2006. Written Answers 1572

[Mr. McDowell.] amendment to the Non-Fatal Offences against 14,000 will lead to a combined strength, of both the Person Act 1997 to make it an offence to attested gardaı´ and recruits in training, of 14,000 video record or photograph persons without their by the end of this year. This project is fully on knowledge in any place that a person could target and will be achieved. reasonably expect privacy. I will bring any pro- As part of the accelerated recruitment cam- posals in this regard to the Government in the paign to facilitate this record expansion, 1,125 normal way. Garda recruits were inducted to the Garda College during 2005. The college will induct a Proposed Legislation. further 1,100 recruits this year and again in 2007, by way of intakes to the Garda College of 709. Mr. Connolly asked the Minister for approximately 275 recruits every quarter. The Justice, Equality and Law Reform his views on first incremental increase of newly attested gardaı´ the 23 fatal shootings that have occurred since under the programme of accelerated recruitment Ireland was declared officially safe by European took place on 15 March 2006. standards a year ago; if it is proposed to The Garda Commissioner will be drawing up strengthen the firearms laws to deal with the esca- plans on how best to distribute and manage these lating rate of armed murders; if additional full- additional resources. In this context, the needs of time gardaı´ will be recruited towards this objec- the Carlow-Kildare division will be fully con- tive; and if he will make a statement on the sidered within the overall context of the needs of matter. [11116/06] Garda divisions throughout the country. Minister for Justice, Equality and Law Reform (Mr. McDowell): In order to ensure public safety 707. Ms Shortall asked the Minister for Justice, and security, I propose to introduce a wide range Equality and Law Reform the number of gardaı´ of amendments to the Firearms Acts 1925 to 2000 with a working knowledge of a language other in the context of the Criminal Justice Bill 2004, than Irish and English broken down by the which is before the Da´il. number in respect of each language. [11110/06] Included in these new proposals will be Minister for Justice, Equality and Law Reform measures which will create mandatory minimum (Mr. McDowell): I have been informed by the sentences, of between five and ten years, for cer- Garda authorities, which are responsible for the tain firearms offences, including possession of a detailed allocation of resources, including person- firearm in suspicious circumstances, possession of nel, that the information requested is not readily a firearm with criminal intent, possession of a available and can only be obtained by the dispro- firearm with intent to endanger life or cause portionate expenditure of Garda time and serious injury to property, possession of a firearm resources relative to the information sought. while hijacking a vehicle and use or production of a firearm to resist arrest. Provision will be made to require all persons, wishing to hold a Closed Circuit Television Systems. firearm legally, to satisfy the Garda that they 708. Mr. Timmins asked the Minister for have provided secure accommodation for the Justice, Equality and Law Reform the position on firearm. The Minister will be allowed to deem the use of closed circuit television cameras by certain firearms as “restricted” by reference to private persons; if officials have examined a pos- specific criteria, including the calibre, action type sible amendment to the Non-Fatal Offences and muzzle energy of the firearm. In future, any against the Person Act 1997 to make it an offence person wishing to obtain a certificate for such a to video, record or photograph persons without firearm will need to apply directly to the Garda their knowledge in any place that a person could Commissioner. New offences will be introduced reasonably expect privacy; and if he will make a concerning the modification of firearms such as statement on the matter. [11114/06] “sawing off” a shotgun. It is proposed to increase fines and penalties generally for offences under Minister for Justice, Equality and Law Reform the Firearms Acts. (Mr. McDowell): Section 38 of the Garda Sı´och- I also intend to introduce a statutory basis for a´na Act 2005 provides a legislative basis for the an amnesty during which firearms may be surren- operation of CCTV systems in public places for dered to the Garda Sı´ocha´na before new penal- the purposes of crime prevention and crime ties, and minimum mandatory sentences, are detection by the Garda Sı´ocha´na and community- introduced. This will enable those in possession based groups. It does not apply to persons of firearms, who are not in compliance with the operating CCTV cameras on their premises for legal requirements, to regularise their position, the purposes of protecting persons or property on and thus enable the Garda Sı´ocha´na to concen- the premises or environs. trate on more serious offenders. Officials of the Department of Justice, Equality Every effort is made by the Garda Sı´ocha´na to and Law Reform are examining a possible combat the illegal importation, sale and pos- 1573 Questions— 21 March 2006. Written Answers 1574 session of firearms through intelligence-led oper- reverse this decision; if not, the plans which are ations and activities. Operation Anvil, launched in place to cater for the nine additional unsanc- in May last year and aimed at those involved in tioned children service for whom is due to be gun crime of any kind, is one of the most inten- withdrawn by the school on 31 March 2006; and sive special policing operations ever undertaken if she will make a statement on the matter. in the State. It is intelligence-driven and has sig- [10404/06] nificant levels of Garda resources. The Garda Sı´ocha´na is receiving resources this year to con- Minister for Education and Science (Ms tinue Operation Anvil as long as it is deemed Hanafin): I propose to take Questions Nos. 710 necessary in operational policing terms and I and 763 together. have asked the Commissioner to extend it to The Department of Education and Science, in Garda divisions outside Dublin. the first instance, is most anxious that all children, Operation Anvil contributed to the increase of including children with autistic spectrum dis- 16% in the detection of possession of firearms in orders receive an education appropriate to their 2005. Up to 19 February 2006, Operation Anvil needs. In this regard, the preferred approach to resulted in more than 1,600 arrests, including 23 the provision of appropriate education for all for murder, more than 13,200 searches, including children, including children with autism, is 360 searches for firearms that resulted in 359 fire- through the primary and post-primary school net- arms seized or recovered, and the recovery of work, whether through placement in mainstream property with a value of \5.7 million. classes, special classes or special schools. The Garda Sı´ocha´na this year has the highest The Department of Education and Science also level of resources in its history — \1,290 million, supports an eclectic approach in regard to the an increase of \146 million, 13%, on 2005. The education of children with autism where a range provision for Garda overtime in 2006 is \83.5 mil- of teaching methods are available, for example, lion — an increase of \23 million on the allo- treatment and education of autistic and related cation for 2005. This increase will greatly assist communication handicapped children, TEACH, the planned deployment of a visible policing applied behavioural analysis, ABA, and picture service in a flexible, effective and targeted exchange communication system, PECS. In this response to criminal activity and to crime preven- regard, it should be noted that none of the early tion, including gun crimes. The \83.5 million in intervention and pre-school resources sanctioned overtime will yield 2.725 million extra hours of for St. Catherine’s is classified by the Department policing by uniformed and special units through- of Education and Science as dedicated ABA out the State. classes. I take great satisfaction in the Government’s The National Council for Special Education decision of October 2004 to approve the recruit- has today advised the school that a third pre- ment of 2,000 additional gardaı´ to increase the school/early intervention class for children with strength of the force to 14,000. As a result there autistic spectrum disorders is being sanctioned will be a combined organisational strength, of with immediate effect. both attested gardaı´ and recruits in training, of 14,000 by the end of this year. I have already Pension Provisions. promised that the additional gardaı´ will not be put on administrative duties but will be put 711. Ms Enright asked the Minister for Edu- directly into front-line, operational, high- cation and Science the reason the service record visibility policing. of five years while employed by a semi-State com- pany of a person (details supplied) in County Laois has not been added to their present day Special Educational Needs. service record for pension purposes. [10901/06] 710. Ms O. Mitchell asked the Minister for Education and Science the action she will take to Minister for Education and Science (Ms ensure that a school (details supplied) in County Hanafin): I am aware that a number of members Wicklow receives State funding and does not of staff of public sector bodies, including close on 31 March 2006. [10478/06] vocational education committees and institutes of technology, have formerly worked in the com- 763. Mr. Gogarty asked the Minister for Edu- pany referred to by the Deputy and wish to have cation and Science if her attention has been service given with the company aggregated for drawn to the work being carried out by a school superannuation purposes with their service with (details supplied) in County Wicklow; the reason their current employer. the Department has refused to sanction and Service given in one public sector body may be provide funding for the pre-school run by a transferred to another public sector body where school to cater for an additional nine children, in both the transferring body and the receiving body view of the expertise that has built up and the have agreed to participate in the public sector success of the school to date; if she plans to transfer network. The network is managed by the 1575 Questions— 21 March 2006. Written Answers 1576

[Ms Hanafin.] Minister for Education and Science (Ms Department of Finance and has been in existence Hanafin): An application for capital funding since the late 1970s. Membership of the network towards the provision of an extension to provide incurs obligations and costs and is voluntary. It ancillary accommodation has been received from is a matter for each public sector organisation to the school referred to by the Deputy. The project decide whether it wishes to join. has been assessed in accordance with the prior- I understand that the company referred to by itisation criteria for large-scale building projects. the Deputy is not a member of the network and The project is being considered in the context of has notified the Department of Finance that it the school building and modernisation prog- does not wish to join the network. There is no ramme 2006-10. provision for a transfer of service between net- work members and a public sector body which is Schools Building Projects. outside the network. 714. Mr. McCormack asked the Minister for Education and Science the position for a pro- Youth Services. posed new second level school at Clifden, County 712. Mr. F. McGrath asked the Minister for Galway; when it is expected that this school Education and Science if assistance will be given building project will begin; her views on whether to a project (details supplied) in Dublin 17 in its time is of the essence in this matter as the only efforts to get extra youth workers; and if assist- other second level school in north-west Connem- ance will be given to integrate them into the local ara at Kylemore is proposed to close; and if she community. [10976/06] will make a statement on the matter. [10024/06]

Minister of State at the Department of Edu- Minister for Education and Science (Ms cation and Science (Miss de Valera): The youth Hanafin): The building project for the school affairs section of the Department of Education referred to by the Deputy is at an early stage of and Science provides grant-in-aid for a number of architectural planning. youth-work programmes and initiatives, designed Following an assessment of the accommodation principally to ensure the provision of non-formal needs of the school in question, a revised sched- educational opportunities for young people. Such ule of overall accommodation issued to the school initiatives include the special projects for youth in July 2005. Various options were also explored scheme and the young people’s facilities and for the delivery of accommodation for the school. services fund. The Department of Education and Science The project referred to by the Deputy is in advised the school authorities that a new school receipt of funding from the Department of Edu- adjacent to the existing school on the east side cation and Science via the National Association would best meet the accommodation needs of the school. of Travellers Centres under the special projects A stage 2 submission based on this option was for youth scheme, and the City of Dublin Youth recently received in the Department of Education Service Board under round 1 of the young and Science and is under review. When this people’s facilities and services fund. Funding is review is completed my officials will be in further also made available from the Department of contact with the school authorities regarding the Community, Rural, and Gaeltacht Affairs under next steps involved in progressing this project. round 2 of the young people’s facilities and A decision on which school building projects services fund. will advance to tender and construction will be I understand that a request for an additional considered in the context of the school building part-time post has been submitted to the Depart- and modernisation programme 2006-09. ment of Community, Rural, and Gaeltacht Affairs on behalf of the project and will receive School Transport. due consideration. I will continue to make every effort to ensure that sufficient funding will be 715. Caoimhghı´nO´ Caola´in asked the Minister made available for the support and development for Education and Science the action she will of the Department of Education and Science’s take, in the interest of pupil safety and the safety schemes and youth work services generally. of all road users, to help secure a safe alternative school bus pick-up point for persons (details School Accommodation. supplied) in County Monaghan; and if she will make a statement on the matter. [10025/06] 713. Mr. Lowry asked the Minister for Edu- cation and Science if her attention has been Minister of State at the Department of Edu- drawn to the difficulties at a school (details cation and Science (Miss de Valera): The Depart- supplied) in County Tipperary; if she will investi- ment of Education and Science has been in touch gate the health and safety concerns in the with Bus E´ ireann, which operates the school school. [10022/06] transport service, regarding the bus pick-up point 1577 Questions— 21 March 2006. Written Answers 1578 for the children referred to by the Deputy in the certificate retention rates by school; junior certifi- details supplied. Bus E´ ireann has indicated in a cate examination results aggregated to school recent report that the pick-up point has now level, expressed as an OPS — overall perform- been changed. ance scale — score. This was based on each student’s performance in the seven subjects in Disadvantaged Status. which he or she performed best; and leaving cer- tificate retention rates by school. 716. Mr. Stanton asked the Minister for Edu- As a result of the identification process, 840 cation and Science the number of applications schools have been invited to participate in the received under Delivering Equality of Oppor- new school support programme. These comprise tunity in Schools; the schools offered the prog- 640 primary schools — 320 urban or town schools ramme to date; the variables used in deciding and 320 rural schools — and 200 second level which schools will be designated under this new schools. Letters of invitation were issued to all programme; and if she will make a statement on 840 schools in late February with a request to the matter. [10053/06] complete and return an acceptance form by 10 March 2006. The finalised list of schools partici- Minister for Education and Science (Ms pating in SSP will be published on the Depart- Hanafin): DEIS, Delivering Equality of Oppor- ment of Education and Science’s website shortly. tunity in Schools, the new action plan for edu- cational inclusion, provides for a standardised School Accommodation. system for identifying levels of disadvantage and a new integrated school support programme, SSP. 717. Mr. P. Breen asked the Minister for Edu- The school support programme will bring cation and Science when a school (details together and build upon a number of existing supplied) in County Clare will be given the go- interventions in schools with a concentrated level ahead for extra accommodation; when the of disadvantage. The new action plan is being Department of Education and Science technical introduced on a phased basis, starting during the team will visit the site; and if she will make a current school year. It will involve an additional statement on the matter. [10055/06] annual investment of \40 million on full imple- mentation. In addition, supports will continue to Minister for Education and Science (Ms be provided for schools where the level of disad- Hanafin): An application for capital funding vantage is more dispersed. towards the provision of an extension has been The process of identifying primary and second received from the school referred to by the level schools for participation in the new school Deputy. The application has been assessed and support programme under DEIS has been com- the long-term projected staffing, on which the pleted. This process was managed by the Edu- accommodation needs will be based, has been cational Research Centre, ERC, on behalf of the determined. Officials from school planning Department of Education and Science and sup- section will be in contact with the school auth- ported by quality assurance work co-ordinated ority as soon as it is feasible to arrange a technical through the Department’s regional offices and visit. The project is being considered for pro- the inspectorate. In the primary sector, the identi- gression in the context of the school building and fication process was based on a survey carried out modernisation programme 2006-10. by the ERC in May 2005, from which a response rate of more than 97% was achieved. Child Abuse. The analysis of the survey returns from primary 718. Aengus O´ Snodaigh asked the Minister for schools by the ERC identified the socio-economic Education and Science if the Residential Insti- variables that collectively best predict achieve- tutions Redress Board and those inquiring into ment and these variables were then used to iden- child abuse in State and religious institutions have tify schools for participation in the school support undertaken a review of all medical records of programme. The variables involved were: unem- people who died while in the care of the State, to ployment; local authority accommodation; lone ensure that they died of natural causes and not parenthood; Travellers; large families with five or due to brutality; if consideration has been given more children; and pupils eligible for free books. to exhuming the bodies in the cases of disputed In the case of second level schools, the Depart- deaths to use the new forensic technology to ment supplied the ERC with centrally held data ensure nothing untoward occurred; and if she will from the post-primary pupils and State Examin- make a statement on the matter. [10060/06] ations Commission databases. Based on an analy- sis of these data, the variables used to determine Minister for Education and Science (Ms eligibility for inclusion in the school support prog- Hanafin): The function of the Residential Insti- ramme were as follows: medical card data for jun- tutions Redress Board is to provide financial ior certificate candidates, including junior certifi- redress for persons who as children were sub- cate school programme candidates; junior jected to abuse while resident in institutions 1579 Questions— 21 March 2006. Written Answers 1580

[Ms Hanafin.] undertake further study in this country. It also which are listed in the Schedule to the Residential acts as a first point of contact for persons seeking Institutions Redress Act 2002. admission to the regulated professions. To avail The Commission to Inquire into Child Abuse of the recognition service, the applicant com- is mandated under legislation to conduct an pletes an application form and forwards copies inquiry into child abuse in the State, including the of their award documentation. The authority, in causes, nature, circumstances and extent of such collaboration with relevant national stakeholders, abuse. The commission’s inquiry is ongoing and particularly the Further Education and Training will include consideration of deaths which Awards Council and the Higher Education and occurred in institutions to the extent that this is Training Awards Council, and with the assistance relevant to the inquiry. The commission’s investi- of its international network partners, processes gation committee has the power to direct any per- the application and upon completion, the appli- son to discover documents it deems are required cant is provided with a statement which com- in order to carry out its inquiry and relevant ments on their award and its comparability in documentation held by the Department of Edu- Ireland. The service is advisory in nature, it con- cation and Science on the abuse or neglect of chil- tinues to be a matter for an employer, outside of dren in industrial and reformatory schools was the regulated professions, or a learning institution forwarded to the commission in compliance with to decide on whom to employ or admit. a discovery order from the commission in June Further information regarding the recognition 2003. service is provided on the authority’s website on The issue of exhuming bodies is covered by the the recognition of international qualifications at Coroners Act 1962 and a body may only be www.qualificationsrecognition.ie. Prospective exhumed on foot of an exhumation order made applicants are welcome to contact the authority by the Minister for Justice, Equality and Law for further information at any time. Reform in accordance with section 47(1) of the For entry to a regulated profession, pro- Act. fessional recognition is determined by a desig- nated competent authority and generally made Professional Qualifications Recognition. on a case-by-case basis. In this particular case, the competent authority is the Honourable Society of 719. Mr. Carey asked the Minister for Edu- Kings Inns. I have been advised by that society cation and Science if the HEA or HETAC has that in line with EU directives on mutual recog- examined the way in which an equivalence of nition of professional qualifications, foreign qualifications can be established where the qualified lawyers are required to undertake the academic qualifications of newly arrived non-EU qualified lawyers transfer test, QLTT, which immigrants as in the case of a person (details enables lawyers qualified in certain countries to supplied) in Dublin 11 who has difficulty in hav- qualify as a lawyer in this jurisdiction. Lawyers ing their qualification recognised for employment eligible to sit the QLTT are those who are quali- purposes; and if she will make a statement on the fied under the terms of EU directives or those matter. [10071/06] who are qualified in a country which is subject to a reciprocal recognition agreement with Ireland. Minister for Education and Science (Ms There is no such reciprocal agreement in place Hanafin): I understand that the person in ques- with the Bar Council in the home country of the tion has not submitted an application to the applicant in this case and, therefore, the applicant National Qualifications Authority of Ireland, may be required to undertake the full training NQAI, regarding the recognition of their Niger- regime required of Irish graduates seeking to be ian qualifications or to the Honourable Society of admitted as barristers. Kings Inns regarding professional recognition for employment purposes. The NQAI has established Qualifications Special Educational Needs. Recognition — Ireland as the Irish centre for the 720. Mr. Connolly asked the Minister for Edu- recognition of international awards. At the cation and Science if secretarial services, request of the Department of Education and additional teaching and special needs assistance Science, the authority represents Ireland in an support, time within the school day and other international network of centres known as resources will be provided for schools to enable ENIC/NARIC, European National Information them to fulfil their responsibilities under the Edu- Centre/National Academic Recognition Infor- cation for Persons with Special Educational mation Centre, and NRP, National Reference Needs Act 2004; and if she will make a statement Point, which promote the recognition of inter- on the matter. [10101/06] national awards. The authority provides a service to advise Minister for Education and Science (Ms applicants regarding the comparability of their Hanafin): The Education for Persons with Special award in Ireland, for employment purposes or to Educational Needs Act 2005, also known as the 1581 Questions— 21 March 2006. Written Answers 1582

EPSEN Act, was passed in July 2004. While many resources apart from the Department funding or sections of the Act have already commenced, the knows its capacity to raise additional resources, it remaining sections relate mainly to the statutory is open to that school to extend the scope of assessment and education plan process for which works to include additional facilities. However, if the Act provides. These cannot come into effect the scope of works is not set appropriately from without the National Council for Special Edu- the outset based on the budget available, there is cation, NCSE, having an opportunity to present a risk that the school will be faced with a funding an implementation report to the Department of gap when the project is at construction. Education and Science which it must do before 1 The choices to be made within these devolved October 2006. On 21 October 2005, the NCSE schemes rest with the school and that is the cor- published a call for submissions in the national nerstone of any policy of devolution. The school media on the implementation of the Act. The authority knows the budget and must decide what closing date for submissions was 13 January 2006. it is capable of building with that budget. The I understand that the NCSE has recently com- time to identify a problem is at the outset before missioned Dr. Eileen Winter at Queen’s Univer- entering any contract. Schools can raise with the sity, Belfast to undertake research on its behalf Department of Education and Science any site- on the resource requirements needed to specific problems or unusual planning stipulations implement assessments as identified in the that impose additional costs and these will be EPSEN Act. Results from the study will inform examined. Otherwise schools must reduce the the production of the implementation report scope of intended works so as to remain within which will detail how the council will implement budget. A school is not required to accept the the Act. The research is due to be completed in invitation to participate in a devolved scheme and June this year. instead can opt to be considered for inclusion in The Government is committed to ensuring that the mainstream school building programme in the EPSEN Act is fully implemented. line with the project’s priority band rating. The feedback has in general been very positive, Schools Building Projects. the number of schools participating has increased each year and many schools are anxious to be 721. Mr. Connolly asked the Minister for Edu- included. In order to maintain this momentum I cation and Science if her attention has been have invited 210 schools to participate in these drawn to the fact that many schools are in serious schemes in 2006. These schools have been invited financial difficulties due to projects in the to attend information meetings held by officials devolved school building programme being from the Department of Education and Science under-funded resulting in local communities hav- in Tullamore on 20 and 21 March. Following the ing to resort to major fund-raising projects to fin- meetings the schools have the opportunity to ance large shortfalls; and if she will make a state- decide whether to become involved in the ment on the matter. [10103/06] process. I have increased funding for the schemes this Minister for Education and Science (Ms year by an average of 20% for permanent accom- Hanafin): Devolving funding to school manage- modation scheme and by an average of 10% for ment authorities allows them to have control of the small schools scheme. These increases follow their projects, assists in moving projects more on from increases of up to 25% in 2005. quickly to tender and construction and can also deliver better value for money. The two devolved schemes, the small schools Psychological Service. scheme and the permanent accommodation 722. Mr. Connolly asked the Minister for Edu- scheme, were originally introduced on a pilot cation and Science if the National Educational basis. Due to the positive feedback from schools Psychological Service will be expanded they were extended to cover more schools in the sufficiently to allow for assessments under the past two years. Education for Persons with Special Educational The schemes are not structured on the basis Needs Act 2004; and if she will make a statement that the Department funding must be sup- on the matter. [10104/06] plemented by local fundraising. However, they allow a school to supplement the funding from Minister for Education and Science (Ms local resources if it so wishes. The critical element Hanafin): Since the establishment of the National is that with devolved authority the school must Educational Psychological Service, NEPS, in set the scope of works to match the funding allo- 1999, the number of NEPS psychologists has cated. The Department does not define the pre- increased from 43 to 122. The Public Appoint- cise works to be carried out. A school can make ments Service recently concluded a new recruit- choices within the budget allocated. ment competition for the appointment of edu- Setting the scope of works is the critical first cational psychologists to NEPS. Regional panels step. Clearly where a school has a known level of have been established to allow the Department 1583 Questions— 21 March 2006. Written Answers 1584

[Ms Hanafin.] cational courses. The Qualifax database includes of Education and Science give greater priority in listings and data on some 12,000 courses, includ- filling vacancies to areas with the greatest need. ing all undergraduate and postgraduate courses The Department is in the process of recruiting a at third level, post-leaving certificate provision, further nine psychologists. evening and short-term courses at both second All primary and post-primary schools have and third level, a range of further education access to psychological assessments either directly courses, including VTOS, Youthreach, Traveller through the National Educational Psychological training and adult literacy courses. Details of Service or through the scheme for commissioning FA´ S, Fa´ilte Ireland and Teagasc training courses psychological assessments, SCPA, full details of are also provided. which are available on the Department of Edu- Qualifax provides a range of data on each cation and Science’s website. course, including a description of the course, the In common with many other psychological qualification entailed, entry requirements, the services, NEPS operates a staged model of service institution in which it is offered, and relevant fees, to schools, whereby an initial referral usually grants and entitlements and application pro- leads to a consultation and provision of advice for cedure. Qualifax also provides a range of support teachers and parents on appropriate teaching and elements, including career descriptions, interest management strategies. Progress is kept under assessment and CAO points calculation software, review and only those children who fail to student support information, careers events and respond to these interventions will need to see a calendars, etc. The Qualifax database is access- psychologist. This allows psychologists to offer ible on-line and is also provided for schools free early appointments to children who are in urgent of charge on CD for ease of access in a multi- need of support and early advice to teachers in user environment. respect to those children whose needs are per- In addition, an adult education guidance haps less pressing but who still need additional service was developed to meet the needs of adult help in school. learners. Some 35 guidance projects were funded The system of assessment and provision for in 2005. The service offers information, advice children with special educational needs is kept and guidance to help people make the best pos- under constant review by the Department of sible choices for learning. The National Centre Education and Science. As the Deputy will be for Guidance in Education oversees the service. aware, the Department of Education and Science The Qualifax database complements the work of has introduced a general allocation model of the emerging adult education guidance service by additional resources to all primary schools for providing free of charge a coherent national children in the “high incidence” category of information base that may be self-accessed by special educational needs as set out in the learners and providers, guidance services, as well Department of Education and Science’s circular as many other actors situated across the edu- Sp Ed 02/05. This is expected to lead to a cation system. A telephone helpline as referred reduction in the number of referrals of children to by the Deputy has not been established. for psychological assessment for the purpose of accessing additional resources. 724. Mr. Kenny asked the Minister for Edu- The National Council for Special Education is cation and Science if an on-line management preparing a plan for the implementation of the information system to provide further education Education for Persons with Special Needs Act centres here with information on participation 2004. That plan will address many issues arising patterns and outcomes of further education prog- from the Act, including that of assessment needs, rammes has been developed by her Department; and will involve consultation with the National if not, the reason therefor; and if she will make a Educational Psychological Service of the Depart- statement on the matter. [10125/06] ment of Education and Science. The plan is expected by October 2006 and will be considered Minister for Education and Science (Ms at that time. Hanafin): FEMIS, further education management information system, is one of a number of pro- jects identified by the Department under its e- Adult Education. government strategy. The principal objective of 723. Mr. Kenny asked the Minister for Edu- FEMIS is to meet the management information cation and Science if there is an on-line national needs of programme providers and the Depart- database of adult learning opportunities and a ment in regard to monitoring the participation of national telephone helpline service; if not, the specific groups in the further education sector, in reason therefor; and if she will make a statement addition to providing timely and regular data on on the matter. [10124/06] the overall provision and outcomes; providing management information on PLC, Youthreach, Minister for Education and Science (Ms VTOS, senior Traveller training and adult liter- Hanafin): Qualifax is an on-line database of edu- acy programmes and on part-time options as 1585 Questions— 21 March 2006. Written Answers 1586 operated under the Department’s back to edu- have much lower staffing ratios, with two teachers cation initiative; claim processing and financial for just 12 pupils in some cases. However, the reporting requirements. general rule is that there is at least one classroom Data collection and analysis in this area con- teacher for every 29 children in the school. Next tinue to be managed by reference to paper-based year this is being reduced to 28 children per class- reports and records. To date, the order of priori- room teacher and in 2007-08 it will be reduced to ties of IT-related initiatives in the Department of 27 children per classroom teacher. Circular Education and Science has not allowed for the 0023/2006 outlining the revised staffing schedule development of this project. for the 2006-07 school year is available on the Department of Education and Science website. Pupil-Teacher Ratio. Hard copies of the circular have been issued to 725. Mr. F. McGrath asked the Minister for all primary schools. Education and Science the action she will take The terms of the current staffing arrangements regarding the high class sizes at a school (details for primary schools make provision for additional supplied) in Dublin 9; and if she will make class posts, referred to as developing school posts, to size a priority issue in 2006. [10134/06] be assigned to schools on the basis of projected enrolments for the next school year. Under these Minister for Education and Science (Ms arrangements, a developing school post may be Hanafin): Major improvements in school staffing sanctioned provisionally where the projected have been made in recent years with the hiring of enrolment at 30 September of the school year in more than 5,000 additional primary teachers. This question equals or exceeds a specified figure. If represents the largest increase in teacher the specified figure is not achieved on 30 numbers since the expansion of free education. September, sanction for the post is withdrawn. Today there is one teacher for every 17 children, The mainstream staffing of the school referred the lowest pupil-teacher ratio in the history of to by the Deputy for the 2006-07 school year will the State. be a principal and nine mainstream class teachers Aside from decreasing average class size, the based on an enrolment of 242 pupils on 30 unprecedented increase in school staffing in September 2005. The school will also have two recent years has also greatly improved the learning support-resource teacher posts. services provided for children with special needs It is open to the board of management of a and those from disadvantaged areas. Under primary school to submit an appeal, under certain DEIS, Delivering Equality of Opportunity in Schools, the action plan for education inclusion criteria, to the primary staffing appeal board. The that I launched in May 2005, there will be a board adjudicates on appeals on mainstream reduction in class sizes to 24:1 at senior level and staffing allocations in primary schools and 20:1 at junior level in the 180 primary schools operates independently of the Minister and the serving communities with the highest concen- Department of Education and Science. The trations of disadvantage. With more than 600 board’s decisions are final. The criteria under extra resource teachers put in place in this school which an appeal can be made have been revised year, children with special needs are getting more and are set out in Primary Circular 0024/2006, support than ever before. It should be acknow- which is available on the Department of Edu- ledged how much progress has been made in this cation and Science’s website. area in recent years. Recently I announced that I have secured School Enrolments. sufficient funding to provide even smaller classes 726. Mr. Stagg asked the Minister for Edu- in our primary schools in the next school year, cation and Science if a decision has been taken and the Minister for Finance has committed to a further reduction in class size in the following that pupils who do their national education at the year. Accordingly, in the next two years, the new national school in Naas will only be allowed Department of Education and Science will put to progress to secondary education through a 500 extra teachers into primary schools to reduce school (details supplied) in County Kildare. class size and to tackle disadvantage. [10135/06] The staffing of a primary school is determined by reference to the enrolment of the school on 30 Minister for Education and Science (Ms September of the previous school year. The Hanafin): The new primary school in Naas is a actual number of mainstream posts sanctioned is feeder school for the three post-primary schools determined by reference to a staffing schedule in the town. This means that pupils attending the which is issued annually to all primary schools. school may apply for enrolment to any of these The general rule is that the schedule provides at schools. The post-primary schools authorities least one classroom teacher for every 29 pupils in have been requested to amend their enrolment the school. Schools with only one or two teachers policies to reflect this position. 1587 Questions— 21 March 2006. Written Answers 1588

Special Educational Needs. The agreement provides that any individual who is not issued with a contract of indefinite duration 727. Mr. Kehoe asked the Minister for Edu- or is dissatisfied with the terms of the contract cation and Science the position regarding an issued shall have a right of appeal to an agreed application for a special needs assistant and adjudication process. An adjudicator, nominated additional resource hours for a person (details by agreement between the official side and the supplied) in County Wexford; and if she will teacher unions, will be appointed shortly. The make a statement on the matter. [10136/06] adjudicator will hear submissions from both par- ties and, unless the matter is settled, shall issue a Minister for Education and Science (Ms written determination within 14 days of the con- Hanafin): As the Deputy is aware, the National clusion of the hearing. Council for Special Education, NCSE, which was Either party shall have the right to reject the established recently, and which has been oper- determination of the adjudicator in which case, ational since 1 January 2005, is responsible for the determination will be set aside and will not be processing applications for special educational cited or revisited by either side in any statutory needs, SEN, supports. In this case, an application proceedings brought by the aggrieved individual. for resource teaching and special needs assistant, The aggrieved individual still has the right to SNA, support was made to the relevant special prosecute a grievance through the mechanisms educational needs organiser, SENO, of the provided for in the legislation in the form of a NCSE. The application in question did not meet complaint to a rights commissioner. the criteria for resource teaching and SNA sup- port and this decision was conveyed to the school Schools Building Projects. authorities by the SENO. 729. Mr. McCormack asked the Minister for School Staffing. Education and Science the position regarding the provision of a new school building for a school 728. Ms O’Sullivan asked the Minister for Edu- (details supplied) in County Galway; and if she cation and Science the service required to qualify will make a statement on the matter. [10141/06] for a contract of indefinite duration as a post- primary school teacher; if she will allow an appeal Minister for Education and Science (Ms mechanism particularly to teachers with long Hanafin): An application for capital funding service in a school who may not have worked the towards the provision of a new school building required number of hours in the past fours years; has been received from the school referred to by and if she will make a statement on the the Deputy. The project is being considered in matter. [10137/06] the context of the school building and modernis- ation programme 2006-10. Minister for Education and Science (Ms Hanafin): Discussions on the implementation of 730. Mr. J. O’Keeffe asked the Minister for the Protection of Employees (Fixed Term Work) Education and Science the situation regarding a Act 2003 are ongoing at national level with the new school request (details supplied). [10144/06] assistance of a facilitator. The discussions involve representatives from the Departments of Edu- Minister for Education and Science (Ms cation and Science and Finance, the managerial Hanafin): Assessment of the accommodation authorities of schools and the teacher unions. needs of this school and others in the general area In the context of those discussions a trans- is under way in the Department of Education and itional agreement has been reached which pro- Science. A decision will be made shortly on the vides that: school’s long-term requirements and how best those fixed term employees with more than 4 these can be provided for. The project will then years successive teaching service as at 1st be considered in the context of the school build- September, 2005 and who are deemed to be ing and modernisation programme 2006-10. qualified shall receive contracts of indefinite duration unless the employer can demonstrate: 731. Mr. J. O’Keeffe asked the Minister for That a post will not be viable within a reason- Education and Science the situation regarding a able period and where such a ground was set school extension (details supplied); and if the out as an objective ground in writing in the pre- necessary works will be completed to accommo- vious contract. Or That the person is covering date the needs of a child with spina bifida who for a post holder on an approved scheme of will enrol in September 2007. [10145/06] leave of absence. The foregoing exclusions shall not apply where the person has not Minister for Education and Science (Ms received a written contract setting out objective Hanafin): I recently announced details of 210 grounds since September 2001. Such persons schools which will receive funding for extension (who are deemed to be qualified) shall auto- and refurbishment works under devolved matically receive contracts of indefinite schemes to enable them to undertake works to duration. address growing accommodation needs. The 1589 Questions— 21 March 2006. Written Answers 1590 school referred to by the Deputy has been ious factors, including any unexpected issues that included in the list of schools to be offered fund- may arise, the period of time for the granting of ing under the small school scheme 2006. If the planning permission, and obtaining a fire certifi- school authority opts to participate in the scheme, cate, etc. Progression of projects to tender and it will accept devolved responsibility, authority construction stage is then considered on com- and funding for the delivery of the accommo- pletion of the architectural planning process. dation required at the school. The school will have control of the planning and construction Graduates Statistics. phases of the improvement works without the involvement of the Department and the onus will 734. Ms Enright asked the Minister for Edu- be on the school authority to ensure the timely cation and Science the number of graduates in delivery of the accommodation required to meet engineering between the years 1990 and 2005, its pupils’ needs. inclusive, in universities here; and if she will make a statement on the matter. [10163/06] 732. Ms Enright asked the Minister for Edu- cation and Science the situation regarding a 735. Ms Enright asked the Minister for Edu- school (details supplied) in County Donegal; the cation and Science the number of computer prog- reason this school was not included in the recent ramme graduates between the years 1990 and list of schools approved to proceed to architec- 2005, inclusive, in universities here; and if she will tural planning state for extensions; and if she will make a statement on the matter. [10164/06] make a statement on the matter. [10161/06] Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): I propose to take Questions Nos. 734 Hanafin): I recently announced details of 210 and 735 together. schools which will receive funding for extension The expert group on future skills needs was and refurbishment works under devolved established by the Government in late 1997 and schemes to enable them to undertake works to among its objectives is to identify the skills needs address growing accommodation needs. The of different sectors and to advise on the actions Deputy will be pleased to hear that the school needed to address them. The priority skill needs referred to has been included in the list of schools of the economy are being identified on an to be offered funding under the small school ongoing basis through the expert group and rel- scheme 2006. evant education and training provision is assessed in light of its recommendations. 733. Ms Enright asked the Minister for Edu- Discover Science and Engineering, DSE, is a cation and Science the amounts allocated to national marketing and awareness campaign that schools (details supplied) in County Donegal aims to increase interest in science, technology, which have been approved to proceed to architec- innovation and engineering among students, tural planning stage for extensions; and if she will teachers and members of the public. Its mission make a statement on the matter. [10162/06] is to contribute to Ireland’s continued growth and development as a society that has an active and Minister for Education and Science (Ms Hanafin): The schools to which the Deputy refers informed interest and involvement in science, were included in my January announcement of 62 engineering and technology. Its overall objectives large-scale building projects countrywide which are to increase the numbers of students studying have been approved to progress under the school the physical sciences, promote a positive attitude building and modernisation programme. These to careers in science, engineering and technology will be progressed by way of the appointment of and to foster a greater understanding of science a design team under the Department of Edu- and its value to Irish society. cation and Science’s capital programme for 2006. The DSE programme was developed in Unlike projects being progressed by way of one response to a key recommendation of the task of the devolved initiatives, a precise amount of force on the physical sciences. This called for a funding is not allocated to schools whose building co-ordinated effort to increase interest in science projects are being progressed under the tradit- and encourage young people to consider science ional method. as a viable career option. DSE was launched in The next step in the process is that a technical October 2003. It brings together many science, inspection of the school building will be under- engineering, technology and innovation aware- taken by the Department of Education and ness activities that were previously managed by Science and officials will be in contact with the different bodies, public and private. DSE aims to school authorities in the near future in order to build and expand on these activities and to confirm a suitable date for this visit. It is not pos- deliver a more focused strategic and quantifiable sible at this point to indicate when the architec- awareness campaign. It is managed by Forfa´son tural planning process will be completed. There behalf of the office of science and technology at are five stages in this process and the timeframe the Department of Enterprise, Trade and for completing these stages is contingent on var- Employment. 1591 Questions— 21 March 2006. Written Answers 1592

[Ms Hanafin.] Schools Refurbishment. I am including for the Deputy’s information a 736. Mr. McHugh asked the Minister for Edu- table giving the statistics available for both these cation and Science if an additional grant of disciplines in the university sector. \51,000 will be awarded to a school (details Graduates of full-time and part-time undergraduate degrees supplied) in County Galway to allow for the com- in engineering from Irish universities. pletion of a project by the carrying out of essen- tial works of a health and safety nature. Year Graduates [10169/06]

1990 1,202 Minister for Education and Science (Ms 1991 1,266 Hanafin): An extension-refurbishment project is nearing completion at the school referred to by 1992 1,277 the Deputy. The school has recently requested 1993 1,295 that some further works be done. The Depart- 1994 1,475 ment of Education and Science’s technical staff 1995 1,318 has examined this request and sought further 1996 1,154 information from the school management. On receipt of this information the matter will be con- 1997 1,253 sidered further and the school management will 1998 1,291 be kept informed. 1999 1,367 2000 1,368 Special Educational Needs. 2001 1,387 737. Mr. Connolly asked the Minister for Edu- 2002 1,265 cation and Science the resources she will provide 2003 1,294 for the particular needs, staffing and materials of gifted children in primary schools; and if she will make a statement on the matter. [10175/06] The following additional table details the reclas- sification of some engineering graduates as com- Minister for Education and Science (Ms puting and IT graduates. Hanafin): Under the terms of the Education Act Graduates of full-time and part-time undergraduate degrees 1998, it is a function of the board of management in computing and IT from Irish universities. of each school to publish the policy of the school relating to participation by students with special Year Graduates educational needs, including students who are exceptionally able. The measures the school take 1996 471 in this regard are required to be stated in the school plan. It is the duty of the board of manage- 1997 476 ment to ensure that appropriate education 1998 515 services are made available to such students. 1999 543 The revised primary curriculum, which has 2000 631 been supplied to every primary teacher, recog- 2001 891 nises the importance of developing the full poten- tial of the child and caters for pupil diversity, 2002 1,009 including meeting the needs of exceptionally able 2003 1,124 pupils. In recent years, new syllabi and curricula have been devised for second level schools. These This new category consists of students pursuing have been designed in such a way that the dif- courses in computer science and information fering needs of a wide range of pupil ability can technology. Also included are courses where one be catered for by their teachers. Part of the of these subjects is a major component such as National Centre for Curriculum and Assess- information systems, informatics-electronics, ment’s, NCCA, work programme for this year is computing with a language, and computing and the development of curriculum guidelines for business. Students taking computer science as an exceptionally able pupils. option in an undenominated science degree in the While content is outlined in the curricula at NUI colleges are not included, with the exception both levels, process is also heavily emphasised. of UCC. These students remain classified under Enabling children to learn how to learn is stressed science. Also excluded are students on computer and facilitated. The development of language engineering courses, which are classified under skills, investigatory and problem solving skills, engineering. Prior to 1996-97, students in this new higher order thinking skills and working individu- ally and as a member of a group are all encour- category were mainly classified under science, aged at both levels. While the use of information engineering and commerce. 1593 Questions— 21 March 2006. Written Answers 1594 and communication technologies and the use of more than 5,000 additional primary teachers. This class and school libraries are of benefit in project represents the largest increase in teacher work with all pupils, they have a special import- numbers since the expansion of free education. ance for pupils who are exceptionally able. Today there is one teacher for every 17 children, Of particular significance at second level are the lowest pupil-teacher ratio in the history of the international Olympiads in the science sub- the State. jects, information technology and mathematics, in Aside from decreasing average class size, the which the exceptionally able and highest achiev- unprecedented increase in school staffing in ing pupils compete. There is also an increase in recent years has also greatly improved the the number of teachers who are adopting services provided for children with special needs approaches to teaching thinking skills such as de and those from disadvantaged areas. Under Bono’s programme, Feuerstein’s instrumental DEIS, Delivering Equality of Opportunity in enrichment and Lipman’s philosophy for Schools, the action plan for education inclusion children. that I launched in May 2005, there will be a In general, schools at both primary and second reduction in class sizes to 24:1 at senior level and level attempt to use strategies such as curriculum 20:1 at junior level in the 180 primary schools differentiation, curriculum enrichment and accel- serving communities with the highest concen- eration to facilitate the development of pupils trations of disadvantage. With more than 600 who are exceptionally able. In addition, the extra resource teachers put in place in this school Department of Education and Science provides year, children with special needs are getting more annual funding to the Centre for Talented Youth support than ever before. It should be acknow- at Dublin City University to support its work in delivering programmes, which are designed ledged how much progress has been made in this specifically for exceptionally able children of first area in recent years. and second level age. This year’s grant is \95,000. Recently I announced that I have secured There are no proposals to allocate additional sufficient funding to provide even smaller classes resources to schools to cater for gifted children. in our primary schools in the next school year, and the Minister for Finance has committed to a Rules for National Schools. further reduction in class size in the following year. Accordingly, over the next two years, the 738. Mr. Connolly asked the Minister for Edu- Department of Education and Science will put cation and Science when it is proposed to update 500 extra teachers into primary schools to reduce the rules for national schools to incorporate the class size and to tackle disadvantage. changes in Irish education that have taken place The staffing of a primary school is determined since the rules for national schools were last pub- by reference to the enrolment of the school on 30 lished 40 years ago; and if she will make a state- September of the previous school year. The ment on the matter. [10176/06] actual number of mainstream posts sanctioned is Minister for Education and Science (Ms determined by reference to a staffing schedule Hanafin): The rules for national schools were last which is issued annually to all primary schools. published in 1965. Amendments, which have The general rule is that the schedule provides at been made in the meantime, have been notified least one classroom teacher for every 29 pupils in to the relevant school authorities by circular let- the school. Schools with only one or two teachers ters issued by the Department of Education and have much lower staffing ratios, with two teachers Science. The Department has been considering for just 12 pupils in some cases. However, the the matter of preparing a revised version of the general rule is that there is at least one classroom rules. However, because of other more pressing teacher for every 29 children in the school. Next and urgent work which requires to be under- year this is being reduced to 28 children per class- taken, it has not been possible to prioritise the room teacher and in 2007-08 it will be reduced to preparation of revised rules. 27 children per classroom teacher. Circular 0023/2006 outlining the revised staffing schedule Pupil-Teacher Ratio. for the 2006-07 school year is available on the Department of Education and Science website. 739. Mr. Connolly asked the Minister for Edu- cation and Science the progress made and the Hard copies of the circular have been issued to timescale she envisages in bringing primary class all primary schools. sizes into line with best European models; and if In speaking about staffing in our schools, we she will make a statement on the matter. have consistently said that priority would be [10177/06] given in the first instance to children in disadvantaged schools and those with special Minister for Education and Science (Ms needs, which we have done. Now, in line with the Hanafin): Major improvements in school staffing Government commitment, mainstream class sizes have been made in recent years with the hiring of are also being reduced. 1595 Questions— 21 March 2006. Written Answers 1596

School Transport. pupils from outside its catchment area. The 740. Mr. Connolly asked the Minister for Edu- cumulative effect of such enrolment over a cation and Science if she proposes to review the number of years impacts negatively on pupils post-primary school transport routes, catchment from within a catchment area who are entitled to areas and boundaries in view of various anomal- a place in a school. This invariably impacts nega- ies and demographic changes in post-primary tively on the school or schools to which such schools; and if she will make a statement on the pupils should rightly attend and in which con- matter. [10178/06] siderable capital investment has been made for this purpose. It is a matter for school authorities, Minister of State at the Department of Edu- in the context of their enrolment policies, to limit cation and Science (Miss de Valera): Catchment enrolment to within their catchment areas to boundaries have their origins in the establishment ensure that such situations do not arise. As a of free post-primary education in the late 1960s. once-off exceptional measure, the Department of For planning purposes, the country was divided Education and Science decided that a number of into geographic districts, each with several named pupils from outside the catchment area to primary schools feeding into a post-primary which the Deputy refers would be allowed to centre with one or more post-primary schools. It enrol in the post primary school in question for was intended that the defined districts would the 2005-06 school year. This decision was taken facilitate the orderly planning of school provision because the pupils concerned had an expectation and accommodation needs and the provision of a that they would be enrolling in the school and national school transport service, enabling chil- did not have sufficient notice to secure alternative dren from remote areas to get to their nearest placements. It was made clear to the school auth- school. I do not propose a general nationwide ority in July 2005 that the arrangement would review of catchment boundaries. While the apply for the 2005-06 school year only. It was service has been developed over the years to take made equally clear that the arrangement did not account of linguistic and denominational con- create a precedent and that it would not be siderations in school choice, it was never intended that such choice would be unlimited. It is clear repeated in subsequent years. that the cost of operating such a scheme would The primary schools to which the Deputy be unsustainable, especially in the context of refers are within the Kilmuckridge, Carnew and competing demands, including the major safety Arklow catchment areas, which have a total of programme that the Department of Education five post-primary schools between them. An and Science is implementing at present. A review examination of enrolment trends in the schools of catchment boundaries may be appropriate if, has been carried out by the Department’s school for example, a new post-primary school is estab- planning section for the purposes of ensuring lished in an area where previously there was none there is sufficient accommodation to cater for or, conversely, if a “sole provider” school closes demand for pupil places. The examination due to declining enrolment. While it is reasonable revealed that enrolments in all five schools have for parents to exercise educational choice, expec- dropped, in some cases quite dramatically, in the tation as to the extent to which that choice can past ten years. I am satisfied that there are be facilitated must be tempered with realism. To adequate places for the enrolment of the pupils revise boundaries to provide school transport for in schools in their own post-primary centres. I am pupils to their school of choice would not be satisfied that adequate notice has been given to appropriate. the particular post-primary school concerned to ensure it implements an appropriate enrolment School Enrolments. policy for the 2006-07 school year in the best 741. Mr. Kehoe asked the Minister for Edu- interests of its pupils. Indeed, confirmation has cation and Science the position of pupils from a been received from the school that it is effecting school (details supplied) in County Wexford who such an enrolment policy. In such circumstances, are excluded from the catchment area for a the Department’s position on this matter school; the action which has been taken following remains unchanged. the meetings and protests for the schools and families who have a long standing tradition of Site Acquisitions. sending their children to school there and now will have no adequate choice; and if she will make 742. Mr. Sherlock asked the Minister for Edu- a statement on the matter. [10216/06] cation and Science if a site has been purchased for a new primary school in Rathcormack, Minister for Education and Science (Ms County Cork; when the new school will be con- Hanafin): The post-primary school to which the structed; the length of time the construction of Deputy refers is heavily oversubscribed as a the new school will take; and if she will make a result of the enrolment of a significant number of statement on the matter. [10220/06] 1597 Questions— 21 March 2006. Written Answers 1598

Minister for Education and Science (Ms if she will make a statement on the matter. Hanafin): The property management section of [10248/06] the Office of Public Works has identified a suit- able site to facilitate the provision of a new school Minister for Education and Science (Ms building for Rathcormack primary school. The Hanafin): The school referred to by the Deputy acquisition is at conveyancing stage. The pro- was listed among the 43 schools that I announced gression of the building project, which depends to start architectural planning in March 2005. The on the finalisation of the acquisition of the site, architectural element of the project is being dealt is being considered in the context of the 2006-10 with by a departmental architect and the remain- school building and modernisation programme. ing design team members have been appointed. The school authorities wrote to the Department Schools Amalgamation. of Education and Science in December 2005 requesting amendments to the brief which con- 743. Mr. Connaughton asked the Minister for sists of a 16-classroom generic repeat design. The Education and Science if a new site is being amendments have been agreed by departmental sought for the proposed amalgamation of schools officials and the school authorities. A meeting (details supplied) in County Galway; if a site has took place with the school authorities on 1 March been sourced for the proposed amalgamation of last to brief them on the up-to-date position. A schools; if both schools are likely to be built on meeting has been arranged in the Department to the one site; when the site selection process will brief the design team on the scope and extent of be finalised; the subsequent steps that will have the proposed new school building project. Fol- to be taken before the projects go to tender; and lowing the design team meeting, the Department if she will make a statement on the matter. will make further contact with the school auth- [10231/06] orities about the next step involved in progressing the project. Minister for Education and Science (Ms Hanafin): The schools to which the Deputy refers National Drugs Strategy. have agreed to amalgamate into a single boys’ and single girls’ school. The property manage- 746. Mr. O’Shea asked the Minister for Edu- ment section of the Office of Public Works, which cation and Science her proposals to extend the acts on behalf of the Department in site acquis- walk tall support service to other areas of disad- itions generally, has been asked to source a site vantage outside of local drugs task force areas for the girls’ school. In this regard, the OPW will (details supplied); and if she will make a state- shortly readvertise for possible suitable sites. ment on the matter. [10261/06] With regard to the boys’ school, the patron has offered to provide a site to accommodate the new Minister for Education and Science (Ms school and communications are ongoing with the Hanafin): As a result of the mid-term review of patron on the matter. the 2001-08 national drugs strategy, Action 32 of the implementation plan was amended to call for Physical Education Facilities. the extension of the support services provided to local drugs task force schools through the Walk 744. Mr. O’Connor asked the Minister for Edu- Tall support service to other areas of disadvan- cation and Science the position regarding the tage. On foot of this recommendation, the Walk development of the new physical education hall Tall support service recently made a formal sub- at a school (details supplied) in Dublin 24; if mission to the Department of Education and arrangements are in place for the management of Science. The submission is being considered. the facility; and if she will make a statement on the matter. [10245/06] Site Acquisitions. Minister for Education and Science (Ms 747. Mr. Hayes asked the Minister for Edu- Hanafin): This issue is under consideration. The cation and Science the position regarding the Department of Education and Science will con- acquisition of a suitable site for the provision of tact the school authorities in due course. a new building for a school (details supplied). [10270/06] Schools Building Projects. Minister for Education and Science (Ms 745. Mr. P. McGrath asked the Minister for Hanafin): The property management section of Education and Science if a schedule has been set the Office of Public Works, which acts on behalf for provision of a new building to house a school of the Department of Education and Science on (details supplied) in County Kilkenny; if she site acquisitions generally, has been asked to intends to provide funding for a much needed source a site for the school in question. A number post-primary facility at this location to augment of issues need to be clarified in respect of the site the services provided by the primary facility; and options being considered at present. The matter 1599 Questions— 21 March 2006. Written Answers 1600

[Ms Hanafin.] agement side and the challenges presented by the can be progressed further when these issues have variation in size of the more than 200 PLC pro- been resolved. viders. When their deliberations have been com- pleted, further discussion with the management Teachers’ Remuneration. and union side will be necessary. The Government’s support for this important 748. Mr. Cregan asked the Minister for Edu- sector is clear from the fact that it has increased cation and Science if all arrears due have been the number of PLC places by 60% since 1996-97. paid to a fully qualified regular part-time The number of PLC places approved for 2005-06 resource teacher (details supplied) in County represents an increase of more than 1,600 on the Limerick; and the breakdown of same. number for 2004-05. The number of approved [10279/06] places in the sector now stands at 30,188. The Government’s support for the sector is evident Minister for Education and Science (Ms not only in the expansion of approved places and Hanafin): I take it that the Deputy is referring to teachers but also in the introduction of mainten- pay arrears which may be due to part-time ance grants for students with effect from teachers in the context of the Protection of September 1998. Tuition fees for PLC courses are Employees (Part-time Work) Act 2001. The waived. The PLC maintenance grant scheme Department of Education and Science is working operates on the same basis as the higher edu- towards the implementation of a system that will cation scheme. There were nearly 8,000 PLC facilitate the processing of all outstanding claims, grant holders in 2005 and they received some £23 including any claim in respect of the person in million in direct support. PLC students are question. The Department is anxious to acceler- included in the calculation of non-pay budgets ate the rate of progress on this matter as quickly issued to schools in respect of running costs. A as possible and will be in contact with schools in supplemental non-pay grant towards running due course. costs specifically for PLC schools is also payable. This amounted to \5.5 million in 2005. It is evi- Adult Education. dent that the Government’s commitment to the 749. Mr. Gregory asked the Minister for Edu- sector, by reference to the resources applied in cation and Science when her Department last teachers’ pay, non-pay running costs, student sup- held a meeting with the Teacher’s Union of port and certification costs, is significant. Ireland to prioritise recommendations of the McIver report; when the next such meeting will School Support Programme. be held; when priorities will be decided; and if she will make a statement on the matter. [10283/06] 750. Mr. McGinley asked the Minister for Edu- cation and Science the post-primary schools in Minister of State at the Department of Edu- Donegal which will be included in her recently cation and Science (Miss de Valera): A meeting announced equality of opportunity in schools on the McIver report, involving officials from the programme. [10300/06] Department of Education and Science and rep- resentatives of the management, IVEA, and staff, 752. Mr. McGinley asked the Minister for Edu- TUI, sides was held at 10 p.m. on 11 October cation and Science the primary schools in 2005. A further meeting was held on 24 Donegal which will be included in her recently November 2005 with representatives of the TUI announced equality of opportunity in schools and departmental officials. No future dates for programme. [10309/06] meetings have been agreed between the sides. The Government’s commitment to the sector, by Minister for Education and Science (Ms reference to the resources applied in teachers’ Hanafin): I propose to take Questions Nos. 750 pay, non-pay running costs, student support and and 752 together. certification costs, is very significant. The McIver Five urban and 76 rural primary schools, as report contains 21 overarching recommendations, well as 12 post-primary schools, in County incorporating 91 sub-recommendations. It has Donegal have been invited to participate in the been estimated, in consultation with management new school support programme under the new and staff interests, that the recommendations for action plan for educational inclusion, Delivering staffing would involve the creation of at least 800 Equality of Opportunity in Schools. The schools new posts at a cost of over \48 million. This level which have been invited to participate in the of additional provision cannot be considered in programme have been asked to complete and isolation from other areas of education. In their return a form indicating their acceptance of the consideration of the future needs of the PLC sec- invitation and giving an undertaking to take the tor, departmental officials have been examining, necessary steps to use resources which may be inter alia, the non-teaching educational tasks part- allocated under the school support programme in icular to PLC teachers, the demands on the man- accordance with the key provisions, requirements 1601 Questions— 21 March 2006. Written Answers 1602 and aims of the action plan and to support the mission; if so, the response she received from the Department of Education and Science and all rel- commission; and if she will make a statement on evant bodies and agencies in seeking to achieve the matter. [10328/06] the objectives of the action plan in so far as they relate to the school. The finalised list of schools Minister for Education and Science (Ms which have accepted invitations to participate in Hanafin): The State Examinations Commission the programme will be published on the Depart- has statutory responsibility for operational ment’s website shortly. matters relating to the certificate examinations. Having made enquiries of the commission about 751. Mr. McGinley asked the Minister for Edu- the matter raised by the Deputy, I have been cation and Science if a school (details supplied) in advised of certain matters which I will outline. County Donegal will be included in her recently The revision of draft marking schemes is a nor- announced equality of opportunity in schools mal part of the process which applies to every programme; and if she will make a statement on subject. Following the examinations each year, the matter. [10308/06] the chief examiner and his or her advising team prepare a draft marking scheme for each subject. Minister for Education and Science (Ms A meeting of the relevant examiners is convened Hanafin): Some 640 primary schools — 320 urban and the draft marking scheme is explained and schools and 320 rural schools — have been discussed at a marking conference. The effective- invited to participate in the new school support ness of the marking scheme is tested by putting it programme under the Delivering Equality of into action on a random sample of candidates’ Opportunity in Schools programme. The school work. When this process has been completed, the to which the Deputy refers is not among the final marking scheme is prepared. Changes may primary schools which have been selected for par- be made to the draft scheme in light of feedback ticipation in the new programme. However, the from examiners, advice from advising-senior school is among the schools receiving additional examiners or in the light of certain trends associ- resources under pre-existing schemes and prog- ated with the spread of the grades. rammes for addressing concentrated disadvan- The review of the marking scheme that applies tage. It will retain these supports in the 2006-07 to every subject after the initial sampling is a nor- school year. The efficacy of the supports will be mal part of the marking process. This is one of kept under review. As provision is made under the ways to ensure quality control, ensuring that the new programme for schools with a concen- there is uniformity in the scheme and among the trated level of disadvantage, financial support will various markers. also continue to be provided for other primary In the case of higher level Irish in the 2005 schools where the level of disadvantage is more leaving certificate, the review of the draft mark- dispersed. This support will be based on the ing scheme highlighted the need for a number of results of the new identification process. The changes. A diagnostic test was carried out on arrangements which will apply in this regard will some exam scripts before a final decision was be notified to schools early in the autumn. taken about the definitive marking scheme. All examiners had 50 scripts marked at this stage and Question No. 752 answered with Question many had more than that number completed. The No. 750. final marking scheme was applied to all candi- dates, requiring the remarking of the scripts Schools Building Projects. marked earlier and the examiners were paid the 753. Mr. Connolly asked the Minister for Edu- standard fee for this in line with normal practice. cation and Science the amount that was under- Marks were awarded on the basis of the criteria spent in 2005 in the schools building programme; in the final marking scheme. and if she will make a statement on the The leaving certificate examination operates in matter. [10320/06] a transparent manner that is to the fore of inter- national practice. Marking schemes are published Minister for Education and Science (Ms and candidates are given an opportunity to view Hanafin): I am pleased to inform the Deputy that their scripts before deciding whether to appeal there was no underspend in the schools building their grades. There is provision for a comprehen- programme for 2005. sive appeals process. Some 0.9% of candidates scored grades E, F or NG in higher level Irish in State Examinations. the 2005 leaving certificate. That compares with figures of 0.6% in 2004, 1.4% in 2003 and 0.7% 754. Ms Enright asked the Minister for Edu- in 2002. cation and Science if her attention was drawn to allegations concerning the marking of the leaving Schools Building Projects. certificate Irish paper for 2005; if she has raised this matter with the State Examinations Com- 755. Mr. Walsh asked the Minister for Edu- 1603 Questions— 21 March 2006. Written Answers 1604

[Mr. Walsh.] in the context of the school building and modern- cation and Science if she will approve an exten- isation programme. sion to a school (details supplied) in County Cork; and if she will make a statement on the School Transport. matter. [10333/06] 757. Mr. F. McGrath asked the Minister for Minister for Education and Science (Ms Education and Science if transportation issues Hanafin): An application for capital funding has will be resolved for a person (details supplied); recently been received from the school referred and if she will ensure that all pupils with a dis- ability are treated properly. [10360/06] to by the Deputy. The application will be assessed in accordance with the published prioritisation Minister of State at the Department of Edu- criteria for large scale projects and will be con- cation and Science (Miss de Valera): The Depart- sidered in due course in the context of the 2006- ment of Education and Science has sanctioned a 10 school building and modernisation transport service for the child referred to by the programme. Deputy. A further application was received last month by the school transport section in respect School Accommodation. of the same child for transport to a different 756. Mr. Timmins asked the Minister for Edu- school. This application is being examined by cation and Science the number of applications the Department. and the name of the schools from which she received an application for funding in counties School Staffing. Wicklow and Carlow under the devolved scheme 758. Mr. Carey asked the Minister for Edu- programme; and if she will make a statement on cation and Science if a school (details supplied) the matter. [10354/06] in Dublin 11 will qualify for a full-time school sec- retary, paid at the full rate, under the DEIS Minister for Education and Science (Ms scheme; and if she will make a statement on the Hanafin): The information in the format matter. [10367/06] requested by the Deputy is not readily available. Earlier this month, I announced details of fund- Minister for Education and Science (Ms ing being allocated this year to 210 schools, Hanafin): The Department of Education and including four schools in Carlow and Wicklow, to Science provides funding towards the cost of sec- enable them to undertake extension or refur- retarial and caretaking services in primary bishment works under the Department of Edu- schools under two separate schemes. The 1978-79 cation and Science’s small schools and permanent employment of full-time secretaries and care- accommodation devolved schemes. As part of a takers in primary schools scheme, under which major expansion of the schemes, I am providing the Department meets the full costs of salaries, is over \73 million to the schools so they can make being phased out as posts become vacant and no progress quickly to deal with their building needs. new posts are created. The scheme has been The \73 million package covers a variety of superseded by a more extensive grant scheme school projects. Some 135 primary schools which that is referred to as the ancillary services grant, will benefit under the small schools scheme. which provides additional funding for primary Funding of over \54 million, which is twice that schools towards the cost of secretarial and allocated in 2005 and four times the 2004 amount, caretaking services. The scheme is flexible as it is being allocated under this scheme. The number gives boards of management discretion in the of schools being invited to participate in the manner in which secretarial and caretaking scheme has increased by 40% and the rate of services are provided. funding for individual schools is being increased The school referred to by the Deputy receives on average by 20%. Grants under the scheme secretarial grant assistance under the ancillary now range from \275,000 to \820,000 depending services scheme. The standard rate of grant per on school size and the type of works involved. pupil under the scheme, which was increased The small schools scheme, which is aimed at from \102 in 2002 to \133 in 2005, is being further primary schools of up to four teachers where increased to \139 this year. The amount of grant enrolment numbers are stable, aims to address paid to an individual school is determined by the accommodation requirements over the next dec- enrolment in the school subject to a minimum ade. Over \19 million is being provided to 75 grant of \8,340 in the case of a school with 60 schools under the permanent accommodation pupils or less and a maximum grant of \69,500 in scheme so they can deliver additional small scale the case of a school with 500 or more pupils, pro- permanent classroom accommodation. All other vided the school in question does not already applications for capital funding will be continue have caretaking or secretarial services under an to be considered for progress by the Department existing departmental scheme. 1605 Questions— 21 March 2006. Written Answers 1606

If a school already has caretaking or secretarial of any school does not have long-term impli- services under an existing scheme, the rate of cations for accommodation in an area. grant payable is \69.50 per pupil and the mini- Particular cognisance must be taken of poten- mum and maximum grants payable are \4,170 tial difficulties in urban areas, as in this instance, and \34,750 respectively. The school to which the in acquiring alternative accommodation to meet Deputy refers has the services of a full-time care- outstanding or newly emerging needs. In the cir- taker under the 1978-79 scheme. Accordingly, the cumstances, before taking a decision in this rate of grant to be paid to the school this year matter, the Department’s school planning section under the ancillary services scheme is \69.50 per is carrying out a review of the area to determine pupil. There is no provision for the allocation of its educational requirements in the medium to school secretaries under the DEIS scheme. long term. This extensive review will take into account current and future demographics, School Absenteeism. planned housing developments and the likely demand for diversity in provision in the future. 759. Mr. Carey asked the Minister for Edu- When the review has been completed, a decision cation and Science if, arising from Question No. will be communicated directly to the trustees 470 of 28 February 2006 regarding levels of involved. absence from school, it is possible to extract information on an overall basis of the level of School Gardens. absenteeism in schools in the Dublin 9 and 11 areas only; and if she will make a statement on 761. Dr. Upton asked the Minister for Edu- the matter. [10368/06] cation and Science her views on funding the pro- motion of school gardens; and if she will make a Minister of State at the Department of Edu- statement on the matter. [10378/06] cation and Science (Mr. B. Lenihan): The Edu- Minister for Education and Science (Ms cation (Welfare) Act 2000 established the Hanafin): I have arranged for an official from the National Educational Welfare Board as the single school building unit of the Department of Edu- national body with responsibility for school cation and Science to contact the Deputy about attendance. As part of its remit the board is this matter. responsible for the collection and analysis of school attendance data. Officials from the Departmental Expenditure. Department and Science have asked the board to collate the information requested by the Deputy 762. Mr. Quinn asked the Minister for Edu- about the level of absenteeism in specific geo- cation and Science the cost to her Department, in graphical areas. When that information has been terms of materials, staff time and opportunity received in the Department, I will arrange to costs of sending copies of the press releases issued have it conveyed to the Deputy. by her each month to Deputies, Senators and other persons, per circular letter of 6 March 2006; Departmental Properties. if these press releases are already available on her Department’s website; and if she will make a 760. Mr. Carey asked the Minister for Edu- statement on the matter. [10386/06] cation and Science if, in view of the replies to Questions Nos. 787 of 14 June 2005 and 718 of 28 Minister of State at the Department of Edu- June 2005 regarding the impending closure of the cation and Science (Miss de Valera): I understand school, the discussions which have taken place the Deputy is referring to press releases I issued with the religious order concerned regarding the on 6 March last. The press releases in question, discharging by her Department of its leasehold which were important to update Deputies on interest in the property; if these discussions and developments in my area of responsibility, have the audit referred to in correspondence (details been made available on the website of the supplied) is preventing the order from engaging Department of Education and Science as part of in discussions with other potential users of the the normal duties of a member of staff of my property post the closure of the primary school; office. No additional salary cost was, therefore, and if she will make a statement on the involved. matter. [10369/06] Question No. 763 answered with Question Minister for Education and Science (Ms No. 710. Hanafin): The legal representatives of the trus- tees of the school in question have written to the Water Charges. Department of Education and Science seeking to 764. Mr. Gogarty asked the Minister for Edu- have the property in question divested from the cation and Science if her attention has been existing school lease. The Deputy will appreciate drawn to the discrepancy in water charges which that the Department must ensure that the closure sees a school (details supplied) in County 1607 Questions— 21 March 2006. Written Answers 1608

[Mr. Gogarty.] operating costs of national schools. The standard Wicklow, with 106 pupils, facing a bill in 2006 of rate of capitation grant has been increased sub- \2,000 from Wicklow County Council, while stantially in recent years, from \57.14 per pupil in another school in Blessington, with several hun- 1997 to \133.58 with effect from 1 January 2005. dred pupils was sent a bill for only \1,700 and It was further increased by \12 per pupil with other schools do not have to pay any charges at effect from 1 January 2006, bringing the standard present; her Department’s plans to help the rate to \145.58. This represents an increase of school and other smaller schools pay for the almost 155% in the standard rate of capitation charges, as the moneys have to come out of the grant since 1997. capitation grant or be fund-raised; and if she will At second level, the standard per capita grant make a statement on the matter. [10405/06] which stood at \256 per pupil in the 2001-02 school year has been increased by a further \12 Minister for Education and Science (Ms to \298 per pupil from January 2006. Under the Hanafin): The running costs of primary schools school services support fund initiative, secondary are met by the Department of Education and schools will benefit from the further significant Science’s scheme of capitation grants, which is increases. The grant that was increased for sec- intended to contribute towards the general ondary schools from \131 per pupil in January operating costs of national schools. The standard 2005 to \145 per pupil has been increased by a rate of capitation grant has been increased sub- further \14 per pupil to \159 per pupil from stantially in recent years, from \57.14 per pupil in January 2006. These grants are in addition to the 1997 to \133.58 with effect from 1 January 2005. per capita funding of up to \40,000 per school that It was further increased by \12 per pupil with is provided by the Department to secondary effect from 1 January 2006, bringing the standard schools towards secretarial and caretaking rate to \145.58. This represents an increase of services. A secondary school with 500 pupils almost 155% in the standard rate of capitation receives annual grants of up to \270,000 towards grant since 1997. Local authority service charges general expenses and support services as against and other charges which are payable to the var- annual grants of up to \237,000 in 2002. ious local authorities do not come within the Local authority service charges and other remit of the Department of Education and charges which are payable to the various local Science. It is a matter for local authorities to authorities do not come within the remit of the decide whether schools are liable to pay such Department of Education and Science. It is be a charges. If it is decided that schools are liable for matter for the local authorities to decide whether such charges, the cost would form part of the nor- schools are liable to pay such charges. If it is mal running costs of schools and would fall to be decided that schools are liable for such charges, met from the capitation funding which schools the cost would form part of the normal running have received from the Department. It would not costs of schools and would fall to be met from the be feasible for the Department to introduce spec- capitation funding which schools have received ific schemes whereby grant assistance would be from the Department. It would not be feasible provided to schools in respect of individual for the Department to introduce specific schemes charges such as water charges. whereby grant assistance would be provided to schools in respect of individual charges such as 765. Mr. Gogarty asked the Minister for Edu- water charges. cation and Science the policy which exists in respect of the provision of funding to enable Schools Building Projects. schools to pay for water charges, in view of the fact that an EU directive obliges Ireland to 766. Mr. McGuinness asked the Minister for implement water metering and water charges for Education and Science the progress in respect of all non-domestic customers; if an increased capit- the consultation taking place between a school ation grant based on a water allowance per child (details supplied) in County Kilkenny, Kilkenny would be an appropriate environmentally-sensi- County Council and her Department; and if she tive measure; and if she will make a statement on will make a statement on the matter. [10420/06] the matter. [10406/06] Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): The Department of Education and Hanafin): Funding is provided to primary and Science’s school planning section is in receipt of secondary schools by means of per capita grants, an application for major capital funding from the which afford schools considerable flexibility in school to which the Deputy refers. The appli- the use of resources to cater for the needs of cation has been assessed in accordance with the pupils. The running costs of primary schools are published prioritisation criteria for large scale met by the Department of Education and projects. Progress on the proposed works is being Science’s scheme of capitation grants, which is considered in the context of the post-2006 school intended to contribute towards the general building and modernisation programme. No tri- 1609 Questions— 21 March 2006. Written Answers 1610 lateral consultations between the school, the receiving sanction had changed, the school was Department and Kilkenny County Council in not advised of the changes until 1 February 2006; respect of the school are under way. However, the reason the establishment of the board of man- the Department is feeding into all local authority agement was not an issue for her Department area development plans to establish the long- when the school was contacted and asked to term educational needs of areas where schools establish a post-primary ABA class in August are located. 2005 or when students were enrolled into the special school in September 2005; the reason the Site Acquisitions. school has been advised by her Department to apply for training grants only to be refused on 767. Mr. S. Ryan asked the Minister for Edu- two occasions; the further reason her Department cation and Science the progress which has been funds other ABA schools and not that school; if made in respect of the location for a new site these queries will be answered; and if she will (details supplied); and when site acquisition pro- make a statement on the matter. [10458/06] cedures will commence. [10425/06] Minister of State at the Department of Edu- Minister for Education and Science (Ms cation and Science (Mr. B. Lenihan): The Depart- Hanafin): The Department of Education and ment of Education and Science is anxious that all Science’s school planning section is aware of the children, including children with autistic spectrum need to provide a long-term accommodation sol- disorders, receive a form of education that is ution to meet the needs of the school to which the appropriate to their needs. The preferred Deputy refers. It is understood that the children approach to the provision of appropriate edu- attending the school come from a wide catchment cation for all children, including children with area. With that in mind, the appropriate location autism, is through the primary and post-primary for the school is under consideration in the school network, whether through placement in Department. The site acquisition procedures will mainstream classes, special classes or special be commenced when that has been determined. schools. The Department supports an eclectic The delivery of the building project will then be approach to the education of children with autism considered in the context of the post-2006 school where a range of teaching methods are available, building and modernisation programme. including treatment and education of autistic and related communication handicapped children, School Accommodation. applied behavioural analysis and picture 768. Mr. P. Breen asked the Minister for Edu- exchange communication system. It should be cation and Science the status of an application for noted that none of the early intervention pre- additional classroom accommodation for a school school resources sanctioned to St. Catherine’s (details supplied) in County Clare; and if she will special school are classified as dedicated applied make a statement on the matter. [10441/06] behavioural analysis classes. A fully constituted board of management has been established in St. Minister for Education and Science (Ms Catherine’s special school. The Deputy will Hanafin): I recently announced details of 210 appreciate the importance of all schools com- schools which will receive funding for extension plying with the requirements of the Education and refurbishment works under devolved Acts. The Department did not ask the school to schemes to enable them to undertake works to establish a post-primary applied behavioural address growing accommodation needs. The analysis facility. Deputy will be pleased to hear that the school he The National Council for Special Education refers to has been included in the list of schools advised the school today that a third pre-school to be offered funding under the permanent early intervention class for children with autistic accommodation scheme. spectrum disorders is being sanctioned with immediate effect. There have been ongoing dis- cussions with the school authorities about this Special Educational Needs. application. The discussions included the 769. Mr. Timmins asked the Minister for Edu- National Council for Special Education and the cation and Science the position in relation to National Educational Psychological Service. The State funding for a school (details supplied) for Deputy has suggested that changes in procedures children aged between two and 18 years; the governing sanction of resources for pupils with reason applications for funding were left unac- special needs were not communicated to St. knowledged by her Department for nine months; Catherine’s special school. All schools, including the further reason the recommendations of the special schools, were advised in this regard in cir- National Educational Psychological Service that cular Sp. Ed. 01/05. The Department supports the were communicated to her Department in July training and professional development of staff and August 2005 were never forwarded to the working with children with special educational school; the further reason, if the procedures for needs through the special education support 1611 Questions— 21 March 2006. Written Answers 1612

[Mr. B. Lenihan.] tuition fees schemes to include part-time service. St. Catherine’s special school applied to students. All students, mature or otherwise, who the service to fund the salary costs of two people are first-time undergraduates and who hold EU working in the school, which was not in their nationality or official refugee status and have remit. been ordinarily resident in an EU member state for at least three of the five years preceding their Teaching Qualifications. entry to an approved third level course are eli- gible for free fees. 770. Mr. Hogan asked the Minister for Edu- Section 473A of the Taxes Consolidation Act cation and Science when a decision will be made 1997 provides for tax relief on tuition fees at the in respect of an application that was made to her standard rate in respect of approved courses at regarding the recognition of a US qualification approved colleges of higher education, including for primary teaching in respect of a person certain approved undergraduate and postgradu- (details supplied) in County Kilkenny; and if she ate courses in EU and non-EU member states. will make a statement on the matter. [10459/06] Further details and IT 31 application forms for Minister for Education and Science (Ms claiming tax relief on tuition fees are available Hanafin): In accordance with the terms of Circu- from the Revenue Commissioners. lar 25/00, which outlines the provisions relating to the recognition of teacher qualifications in Vocational Education Committees. national schools, provisional or restricted recog- 773. Ms Burton asked the Minister for Edu- nition has been granted to the person in question. cation and Science if she has received a copy of Notification to that effect issued to the person in the parents report into the Kilkenny City question on 15 March 2006. vocational school parents’ association; if the parents’ report on the school has been included Special Educational Needs. in the terms of the her inquiry; if not, the reason 771. Mr. J. Higgins asked the Minister for Edu- therefor; and if she will make a statement on the cation and Science if she will sanction funding to matter. [10481/06] enable ACORN applied behavioural analysis school for autistic children to set up a unit on Minister for Education and Science (Ms Dublin’s north side for 12 autistic children, in Hanafin): A copy of a document, Parents’ view of the long waiting lists for existing schools Response on their Concerns about Kilkenny City providing this type of education for autistic chil- Vocational School, has been forwarded to the dren and the great benefit of early intervention Department of Education and Science. I assume and one-to-one tuition for these children. this is the report to which the Deputy refers. [10474/06] While there is no specific reference to the report in the terms of reference of the inquiry I have Minister for Education and Science (Ms established, the terms of reference are broad Hanafin): The Department of Education and enough to allow the inquiry officer to consider all Science is considering a report from the National aspects of the matter, including the views of the Council for Special Education regarding the parents’ association. All documentation in the application in question. The Department’s Department’s possession, including the document officials will notify all relevant parties when a furnished by the parents’ association, has been decision on the application has been made. made available to the inquiry officer. I under- stand that the inquiry officer intends to meet rep- Third Level Fees. resentatives of the parents’ association in the course of his inquiry. 772. Mr. Quinn asked the Minister for Edu- cation and Science the cost to the Exchequer of School Staffing. abolishing third level fees for mature students and those taking part-time courses; and if she will 774. Mr. Sargent asked the Minister for Edu- make a statement on the matter. [10477/06] cation and Science her views on the application for a technology teacher which was submitted to Minister for Education and Science (Ms her by a school (details supplied) in Dublin 5 in Hanafin): The most up-to-date costings on view of the fact that, following research by extending free fees to part-time students were teachers and parents at open nights, it was found compiled in 2002 by the task force on lifelong that the lack of non-academic subjects on the learning, which estimated at the time that the cost school curriculum was deemed a strong disadvan- of extending free fees to part-time students in tage for the pupils by parents and prospective State-aided third level institutions and in Oscail parents alike and that the school has served the and distance learning options in other third level population of Artane, Coolock and beyond since colleges would be approximately \32.122 million the mid-1950s and has a team of dedicated per annum. I have no plans to extend the free teachers who are fully supported by the parents 1613 Questions— 21 March 2006. Written Answers 1614 in their objective to ensure the school is able to Minister for Education and Science (Ms offer a broader-based education to its pupils. Hanafin): An application for capital funding has [10490/06] been received from the school referred in ques- tion. The application has been assessed and the Minister for Education and Science (Ms long-term projected staffing on which the accom- Hanafin): Teacher allocations for second level modation needs will be based has been deter- schools are approved by the Department of Edu- mined. The project is being considered for pro- cation and Science on an annual basis, in accord- gression in the context of the 2006-10 school ance with generally applied rules based on recog- building and modernisation programme. nised pupil enrolments on 30 September of the preceding school year. School management auth- School Support Programme. orities are required to organise their curricula, 777. Mr. Deenihan asked the Minister for Edu- teaching timetables and subject options with cation and Science if a school (details supplied) regard to the needs of pupils, within the limits of in County Kerry will be considered as a base approved teacher allocations. school for its cluster as part of DEIS; and if she The rules for allocating teaching posts provide will make a statement on the matter. [10506/06] that if a school management authority is unable to meet essential curricular commitments, the Minister for Education and Science (Ms Department will consider applications for Hanafin): Some 320 rural primary schools have additional short-term support. The Department been invited to participate in the new school sup- recently received an application from the school port programme under the Delivering Equality of for curricular concessions, including an appli- Opportunity in Schools programme. The Depart- cation for 11 hours per week of technology, ment of Education and Science is considering the woodwork and graphics and 11 hours per week arrangements to be made for the clustering of the of ICT for the 2006-07 school year. The appli- 320 rural schools under the school support prog- cation is under consideration at present and a ramme and other rural schools retaining their decision will be notified to the school in due entitlements under previous programmes for course. 2006-07. Schools will be notified of the proposed arrangements in due course. Vocational Education Committees. 778. Mr. Carey asked the Minister for Edu- 775. Mr. Ring asked the Minister for Education cation and Science when a school (details and Science if additional funding will be made supplied) in Dublin 11 can expect to be given available to the vocational educational commit- approval for the provision of quality early edu- tees in 2006 to ensure continuity of their courses, cation under the DEIS initiative; and if she will with particular regard to adult literacy courses make a statement on the matter. [10511/06] and the back to education initiative; and if she will make a statement on the matter. [10494/06] Minister for Education and Science (Ms Hanafin): Under the new action plan for edu- Minister of State at the Department of Edu- cational inclusion, Delivering Equality of Oppor- cation and Science (Miss de Valera): My Depart- tunity in Schools, 640 primary schools — 320 ment funds a number of further education prog- urban schools and 320 rural schools — and 200 rammes through annual grants to the vocational second level schools have been selected to partici- education committees which provide the prog- pate in the school support programme, which will rammes, including adult literacy and back to edu- bring together and build on existing interventions cation programmes. Grants amounting to \18.8 for schools and school communities with a con- million were initially provided to VECs for adult centrated level of disadvantage. Letters of invi- literacy in 2005. When additional funding became tation to participate in the support programme available during the year, the provision was issued to these schools on 24 February last. increased to \19.9 million and the provision for The 320 urban primary schools involved in the 2006 is \19.9 million. The grants paid to VECs support programme have been categorised into for the back to education programme in 2005 two bands: band 1 includes the first 180 urban amounted to \11.82 million and \13.6 million has primary schools identified for inclusion in the been provided in 2006. programme; and band 2 includes the next 140 such schools. Early childhood education pro- Schools Building Projects. vision is a key element of Delivering Equality of Opportunity in Schools. It is intended to concen- 776. Mr. Deenihan asked the Minister for Edu- trate actions on children aged three or over who cation and Science the situation in relation to the have not yet been enrolled in school but will provision of a new school to replace an existing attend the 180 schools in band 1. school (details supplied) in County Kerry; and if The school to which the Deputy refers qualifies she will make a statement on the matter. for inclusion in band 1 of the support programme. [10505/06] Actions relating to early childhood education will 1615 Questions— 21 March 2006. Written Answers 1616

[Ms Hanafin.] of schools to apply for funding under the Depart- build on existing provision and will be developed ment of Education and Science’s summer works on a phased basis over the five-year implemen- scheme if safety measures are required within tation period of the Delivering Equality of school boundaries. Opportunity in Schools action plan. The Depart- ment will work with other Departments and Schools Building Projects. agencies to complement and add value to existing child care programmes in disadvantaged com- 781. Mr. Aylward asked the Minister for Edu- munities, with a view to ensuring that the overall cation and Science the progress to date on the care and education needs of the children con- application for a building project by the board of cerned are met in an integrated manner. management of a national school (details In December 2005, the Office of the Minister supplied) in County Kilkenny. [10573/06] for Children was established to maximise the co- ordination of policies for children and young Minister for Education and Science (Ms people. The office will have a range of functions Hanafin): The school referred to by the Deputy which were previously under the aegis of the was among the 43 schools which I listed in March Departments of Health and Children, Justice, 2005 as being ready to start architectural plan- Equality and Law Reform and Education and ning. The Department of Education and Science Science. A new early years education policy unit wrote to the school authorities on 27 June 2005 has been established in the Department of Health appointing a design team for the proposed build- and Children and will be located within the Office ing project and giving approval to proceed with a of the Minister for Children. The unit will oversee stage 1-2 submission — outline sketch scheme the preparation of plans for the phased imple- with costings. When the submission has been mentation of the early childhood education received by the Department, its officials will dimension of Delivering Equality of Opportunity review the project and contact the school auth- in Schools in the targeted school communities, orities about the next steps involved in pro- starting in the next school year. It will be pursued gressing the project. within an overall strategic policy framework developed by the Office of the Minister for School Staffing. Children. 782. Mr. Bruton asked the Minister for Edu- cation and Science the pay and conditions of per- Road Safety. sons employed as classroom assistants for chil- 779. Mr. Kehoe asked the Minister for Edu- dren with special needs; if studies have been cation and Science if her Department will make undertaken of the potential to develop the role available a special Department of Education fund of the classroom assistant in terms of their input or budget for school road safety for the provision into the child’s development; her view on introd- of road markings, barriers, set down areas, flash- ucing training programmes and career develop- ing lights, adult wardens, traffic calming, ramps ment opportunities for persons in this grade in and so on in front of all schools for the safety of order to undertake this more developmental children especially in primary schools; and if she work; and if she will make a statement on the will make a statement on the matter. [10532/06] matter. [10588/06]

780. Mr. Kehoe asked the Minister for Edu- Minister for Education and Science (Ms cation and Science if she will make provisions Hanafin): I assume the Deputy’s question relates through the summer works scheme available to to special needs assistants. I attach a copy of the allow schools provide designated set down areas current special needs assistant pay scales and con- for children where possible and to make contri- ditions for the Deputy’s information. The details butions to the boards of management to spend are available on the Department’s website, the money on school road safety programmes; www.education.ie. The current rates of salary and if she will make a statement on the have been introduced following the implemen- matter. [10533/06] tation of section 14.2 of the mid-term review of part 2 of Sustaining Progress, in accordance with Minister for Education and Science (Ms which an increase of 1.5% was paid with effect Hanafin): I propose to take Questions Nos. 779 from 1 December 2005. Future payments under and 780 together. Sustaining Progress depend, in the case of each The issue of road safety measures outside the organisation and grade, on verification of con- vested site areas of primary schools is a matter tinued co-operation with flexibility and ongoing that should be raised, in the first instance, with change, maintenance of stable industrial relations the relevant local authority. Local authorities and absence of industrial action in respect of any have the power to decide on road safety measures matters covered by the agreement. outside schools and should ensure that measures Since 1 January 2005, the National Council for are in place to protect the safety of local school- Special Education, through its network of locally children. It is open to the boards of management based special education needs organisers, is 1617 Questions— 21 March 2006. Written Answers 1618 responsible for processing applications for including those offered to special needs assistants. additional special educational needs resources. The Department, in conjunction with the special The Department has not undertaken any studies education support service, will shortly commence of the potential to develop the role of special this process with the aim of further developing needs assistants. The role is essentially a care one training in this area. and educational input is delivered by teaching Pupil-Teacher Ratio. staff. Three colleges of education — St. Angela’s 783. Mr. P. McGrath asked the Minister for College in Sligo, Mary Immaculate College in Education and Science the average class size in Limerick and Church of Ireland College in primary schools, per county, per year, from 1995 Rathmines, in conjunction with the education to 2000; and if she will make a statement on the matter. [10589/06] centre network, have formulated and delivered officially recognised training courses for serving Minister for Education and Science (Ms special needs assistants. It is the Department’s Hanafin): The information requested by the policy to keep all programmes under review, Deputy is outlined in the following table.

Average Class Size in National Schools (Ordinary Classes) by County from 1995/1996 to 2000/2001

County Average Class Size

1995 1996 1997 1998 1999 2000

Carlow 26.8 26.4 26.4 26.0 25.2 24.9 Cavan 24.8 24.2 24.7 24.1 23.4 23.5 Clare 25.1 24.8 24.3 24.3 23.5 23.3 Cork City 28.2 27.6 26.5 25.6 24.6 24.9 Cork County 26.2 26.0 25.9 25.3 24.9 24.6 Donegal 25.7 25.2 25.0 24.6 23.5 23.2 Dublin South 28.7 28.5 27.1 26.9 25.6 25.3 Dublin City 27.7 27.4 26.1 25.6 24.7 24.2 Dublin Fingal 30.4 30.1 29.7 29.4 28.2 27.5 Du´ n Laoghaire-Rathdown 30.2 29.7 29.2 28.9 27.8 27.3 Galway City 28.3 27.8 27.4 26.3 25.3 25.1 Galway County 24.1 23.9 23.7 23.3 22.5 22.2 Kerry 25.6 24.9 24.5 24.3 23.9 23.7 Kildare 29.2 28.7 28.3 28.4 27.3 27.0 Kilkenny 27.2 26.8 26.2 26.5 25.4 25.3 Laois 26.3 25.9 24.8 24.9 24.1 24.1 Leitrim 24.5 24.3 24.1 22.9 22.0 21.9 Limerick City 27.1 27.1 25.5 25.0 24.4 24.3 Limerick County 26.4 25.9 25.7 25.2 24.6 24.2 Longford 25.6 24.7 24.2 23.6 22.5 21.2 Louth 28.0 27.9 27.4 27.5 26.8 26.1 Mayo 23.9 23.7 23.2 22.4 21.9 21.3 Meath 27.8 27.6 27.1 26.8 25.9 25.8 Monaghan 26.1 25.4 25.1 24.5 23.6 23.3 Offaly 26.5 26.0 25.6 25.3 24.8 24.3 Roscommon 24.2 23.4 22.8 21.8 21.4 20.5 Sligo 25.6 24.8 25.0 24.4 23.4 23.3 Tipperary N.R. 24.8 24.1 24.0 23.2 22.9 23.0 Tipperary S.R. 25.9 26.0 25.8 25.1 24.2 24.1 Waterford City 29.6 28.7 28.4 27.7 26.6 25.6 Waterford County 26.4 26.1 26.1 25.3 24.8 24.2 Westmeath 26.2 25.7 25.5 24.9 24.5 24.4 Wexford 26.8 26.6 26.2 25.9 25.4 25.4 Wicklow 28.4 27.4 27.8 27.2 26.3 26.0 1619 Questions— 21 March 2006. Written Answers 1620

Higher Education Grants. sible to ensure that all children get the oppor- 784. Mr. Durkan asked the Minister for Edu- tunities and support they need to enable them to cation and Science if and when a top-up grant complete their education. will be awarded in the case of a person (details Measures designed to improve school com- supplied) in County Kildare under the 2005 PLC pletion include the establishment of the National maintenance grant scheme; and if she will make Educational Welfare Board, NEWB, under the a statement on the matter. [10612/06] Education (Welfare) Act 2000, with a remit to monitor school attendance, help parents to get a Minister for Education and Science (Ms school place for their child and run promotional Hanafin): My Department funds three means- campaigns on the importance of finishing school. tested maintenance grant schemes for third level The Deputy’s question relates to two individual education students in respect of attendance on children and their non-attendance at school. The approved courses in approved third level insti- NEWB is the single national body with responsi- tutions and one maintenance grant scheme in bility for school attendance. Accordingly, the respect of students attending approved post-leav- Department has requested the NEWB to arrange ing certificate courses in approved PLC centres: to have this matter investigated and to respond the higher education grants scheme; the directly to the Deputy. vocational education committees’ scholarship scheme; the third level maintenance grants Special Educational Needs. scheme for trainees and; the maintenance grant scheme for students attending post-leaving certifi- 786. Mr. O’Shea asked the Minister for Edu- cate courses. cation and Science if additional funding is avail- The candidate to whom the Deputy refers is able for a person (details supplied) in County attending a post-leaving certificate course. Under Waterford who has been awarded a vocational the terms of the maintenance grants scheme for educational committee scholarship for study in post-leaving certificate courses 2005, grants are the UK and has dyslexia; and if she will make a available to eligible candidates who are entering statement on the matter. [10662/06] approved PLC courses for the first time in the 2005-06 academic year. Candidates are ineligible Minister for Education and Science (Ms if they already hold a FETAC level 5 qualifi- Hanafin): The fund for students with disabilities, cation, formerly known as a FETAC, NCVA, which is ESF-aided, was introduced in 1994. It level 2 qualification, a FETAC level 6 qualifi- provides funding to students with disabilities cation, formerly known as a FETAC, NCVA attending courses in Irish and UK third level level 3 qualification, or a third level qualification institutions and, since 1998, in post-leaving certifi- at level 6 or higher. However, notwithstanding cate centres. This fund is administered by the this condition, candidates who already hold a National Office for Equity of Access to Higher qualification no higher than FETAC level 5, for- Education, national office. merly known as a FETAC, NCVA, level 2 quali- The purpose of the fund is to provide students fication, and are now pursuing a course that with serious physical and/or sensory disabilities offers progression may be deemed eligible for with grant assistance towards the cost of special grant aid. equipment, special materials and technological My Department understands that the candidate aids, targeted transport services, personal assist- referred to by the Deputy has previously pursued ants and sign language interpreters. To be con- an approved PLC course at FETAC level 5. sidered eligible for the fund an applicant must However she did not attain the terminal qualifi- meet the prescribed criteria. cation on completing the course. In the circum- Applications for assistance are made by the stances she may not be deemed as progressing individual students through the disability-access under the terms of the PLC scheme, and is there- officer of a third level institution on registration. fore ineligible for funding under the relevant Decisions on applications are taken by the maintenance grant scheme. national office and verified by an independent panel comprising representatives of agencies and School Attendance. individuals who have experience of working with 785. Mr. Durkan asked the Minister for Edu- people with disabilities. cation and Science the action proposed or intended in respect of the two children who were 787. Mr. McGuinness asked the Minister for the subject of Parliamentary Question No. 217 of Education and Science if an educational assess- 9 March 2006; if contact has been made by her ment will be arranged for persons (details Department; and if she will make a statement on supplied) in County Kilkenny; if financial assist- the matter. [10624/06] ance will be granted to the family to have the assessments carried out privately; if there is a Minister of State at the Department of Edu- waiting list; if she will expedite the request; and cation and Science (Mr. B. Lenihan): The if she will make a statement on the matter. Government is determined to do all that is pos- [10663/06] 1621 Questions— 21 March 2006. Written Answers 1622

Minister for Education and Science (Ms aspects such as after school-holiday time activi- Hanafin): The children to whom the Deputy ties. This is in addition to each school’s own refers attend three different schools. Two are insurance cover. attending primary schools and the eldest child is in attendance at a post-primary school. School Enrolments. Each school receives psychological support from the National Educational Psychological 790. Mr. G. Mitchell asked the Minister for Service, NEPS. I understand one child will be the Education and Science the reason restrictions subject of consultation shortly between the prin- have been placed on a new school (details cipal and the psychologist assigned to that school. supplied) in Dublin 10 from accepting pupils in Another child will be assessed by the HSE and the forthcoming academic year allowing for only the outcome of that assessment will influence any two of the 16 available classrooms to be used, as further involvement by NEPS. it may be another seven years before all The child who is attending post-primary school classrooms will be used; and if she will make a has not been prioritised by the school principal statement on the matter. [10723/06] for referral to NEPS. However, the psychologist assigned to that school will consult shortly with Minister for Education and Science (Ms the principal and relevant teachers concerning Hanafin): The school to which the Deputy refers the educational needs of this student. is scheduled to open in September, 2006. When fully occupied, the school will operate as a two- 788. Mr. McGuinness asked the Minister for stream 16-classroom school. Normally, a new Education and Science if a laptop computer will school only enrols junior infants in its first year be provided to assist in the education of a person of operation to enable it to develop incremen- (details supplied) in County Kilkenny; and if she tally. This incremental development ensures that will make a statement on the matter. [10664/06] a shortage of accommodation at the school is avoided by an over-enrolment in the early stages Minister of State at the Department of Edu- and crucially, that the enrolments and staffing cation and Science (Miss de Valera): The levels in other schools in the area, where older Youthreach centre in this case has advised my pupils would inevitably be drawn, are not Department that in the event the young person adversely affected. concerned is admitted as a trainee there, edu- As an exceptional matter in the case in ques- cational supports, equipment and training, as tion, however, a decision has been taken to allow appropriate, will be provided in the centre in the school to enrol both junior and senior infants accordance with the learning aims and objectives in September, 2006. My Department is liaising of the programme. with the management authority of the school in this regard. This decision was made because of After-School Programmes. the type of facilities which the school is providing. 789. Mr. Bruton asked the Minister for Edu- My Department is otherwise satisfied that, in cation and Science if problems have arisen in accordance with its remit, the totality of the respect of after-school programmes regarding the primary accommodation available in the area vetting of participants as suitable to work with provides sufficient places to cater for all those children; if school insurance policies cover them seeking places. for any liability that might arise in respect of after-school programmes delivered on school School Transport. premises; and if she will make a statement on the 791. Mr. Hogan asked the Minister for Edu- matter. [10665/06] cation and Science if she will sanction a change Minister for Education and Science (Ms in the school bus route which has been approved Hanafin): My Department is not aware of any by the vocational educational committee to col- problems which have arisen in regard to the vet- lect a person (details supplied) in County ting of persons engaged on after-school prog- Kilkenny; and if she will make a statement on the rammes. If the Deputy has a particular case in matter. [10741/06] mind, I will arrange to have the matter examined if he submits the relevant information to my Minister of State at the Department of Edu- Department. It is the responsibility of the auth- cation and Science (Miss de Valera): Under the orities of the school concerned to ensure that post-primary school transport scheme, post- appropriate insurance cover is in place in respect primary routes are, in general, planned so that no of after-school activities. eligible pupil will have more than 3.2 km, 2 miles, All schools under the school completion prog- to travel to a pick-up point. ramme are covered by an additional central My Department understands from the trans- insurance policy which includes employer’s liab- port liaison officer for County Kilkenny that the ility, public liability, employment practice liability pupil referred to by the Deputy in the details sup- and professional indemnity. This covers all plied resides less than 3.2 km, 2 miles, from the 1623 Questions— 21 March 2006. Written Answers 1624

[Miss de Valera.] schools are funded on a per capita grant basis current pick-up point. This arrangement is within which affords schools considerable flexibility in the school transport scheme guidelines. the use of these resources to cater for the needs of their pupils. Special Educational Needs. At the core of funding arrangements at second level is reliance upon capitation as the principal 792. Mr. F. McGrath asked the Minister for determinant of funding. This is in my view, in Education and Science if urgent assistance will be general, a preferable approach to putting in place given to a school (details supplied) in Dublin 5 grants for specific cost items such as that referred with more resource hours for special needs edu- to by the Deputy. cation; the disparity in funding between Significant improvements have been made in vocational educational committees and voluntary the level of funding to secondary schools. The secondary schools; and if the funding in this standard per capita grant which stood at \256 per school will be expanded. [10749/06] pupil in the school year 2001-02 has been increased to \298 per pupil from January 2006. Minister for Education and Science (Ms Under the school services support fund initiative, Hanafin): My Department provides a range of secondary schools will also benefit from the supports to second level school management to further significant increases. This grant was enable schools to cater for pupils with special increased for secondary schools from \131 per educational needs. The supports in question pupil in January 2005 to \159 per pupil from include remedial and resource teaching support, January 2006. In addition, up to \40,000 per special needs assistant support and funding for school is provided by my Department to second- the purchase of specialised equipment. ary schools towards secretarial and caretaking The National Council for Special Education, services. A secondary school with 500 pupils NCSE, has been established as an independent receives annual grants of up to \270,000 towards statutory body with responsibilities as set out in general expenses and support services. the National Council for Special Education These significant increases in the funding of (Establishment) Order 2005. Since 1 January secondary schools are a clear demonstration of 2005, the NCSE through local special educational my commitment to prioritise available resources needs organisers, SENOs, is responsible for pro- to address the needs of the schools. cessing resource applications for children with special educational needs. The level of teaching and special needs assistant support for special School Transport. educational needs is determined by the SENO in 793. Cecilia Keaveney asked the Minister for accordance with my Department’s resourcing Education and Science when the review of the policy for special educational needs. closed school rule is due to be completed; and if In situations where schools have over quota she will make a statement on the matter. posts, my Department routinely requires that [10750/06] these posts be utilised to meet new and emerging needs within such schools, including those of Minister of State at the Department of Edu- pupils who have special educational needs, where cation and Science (Miss de Valera): My Depart- appropriate. In the case of the school in question, ment is reviewing the closed school rule. This will my Department decided that the teaching hours involve consultation with relevant interested par- recommended by the SENO should be met from ties, having regard to other urgent priorities within the school’s existing resources, which within the school transport area. included 2.19 surplus teaching posts. An indepen- dent appeals committee is available to school Teacher Remuneration. authorities who wish to appeal the adequacy of their teacher allocation. The school in question 794. Mr. Bruton asked the Minister for Edu- appealed this decision to the independent appeals cation and Science her views on introducing a committee. The appeals committee decided that system whereby recognition would be given to no further allocation was warranted. This com- prior experience in other employments in the mittee operates independently of my Department increments paid to teachers, in order to encour- and its decisions are final. age recruitment of people into teaching who The funding arrangements made by my would bring a new range of skills and experience Department for second level schools reflect the into the classroom; and if she will make a state- different management and ownership arrange- ment on the matter. [10833/06] ments for vocational schools and community colleges, and voluntary secondary schools. Finan- Minister for Education and Science (Ms cial allocations for vocational schools and com- Hanafin): A scheme already exists whereby a munity colleges are made to VECs as part of a teacher may receive incremental credit for rel- block grant, which also covers VEC head office evant non-teaching experience. The criteria for overheads and other activities apart from the the award of incremental credit under this second level programme. Voluntary secondary scheme are outlined in primary circular 10/01, 1625 Questions— 21 March 2006. Written Answers 1626

Amendments to the Scheme for the Award of school referred to by the Deputy has been Incremental Credit, which is available from the assessed in accordance with the published prior- primary payments section of my Department or itisation criteria, and the project is being con- on my Department’s website. sidered in the context of the school building and modernisation programme 2006-10. The project is Special Educational Needs. not suitable for delivery under the summer works scheme or under any of the recently announced 795. Mr. Bruton asked the Minister for Edu- devolved schemes. cation and Science if her attention has been drawn to the fact that some bus services for chil- dren with special needs are being withdrawn due Ministerial Responsibilities. to the lack of an escort; and if she will investigate 797. Ms Enright asked the Minister for Edu- and take steps to remedy this problem. cation and Science the precise time that she [10834/06] launched the final report of the task force on student behaviour; the precise time that this Minister of State at the Department of Edu- report was posted on her Department’s website; cation and Science (Miss de Valera): My Depart- and if she will make a statement on the ment allocates funding to schools to enable them matter. [10907/06] to employ escorts on school transport services. These escorts are specifically engaged to cater for Minister for Education and Science (Ms children with special educational needs whose Hanafin): I launched, School Matters — The care requirements are such as to necessitate con- Report of the Task Force on Student Behaviour tinuous support. Over 600 escorts are employed. in Second Level Schools, at 12 noon on Tuesday, These escorts provide a very valuable service for 14 March 2006. All the partners in education children with special needs who require were invited to this launch. assistance. A media briefing was held in the Department, My Department is not aware of school bus in advance of the launch from 11 a.m. to 12 noon, services being withdrawn due to the lack of with the chairperson of the task force, Maeve escorts. If the Deputy has any particular case in Martin, and me. The report was posted on my mind my Department will have it investigated. Department’s website at 12.50 p.m. on that date. Physical Education Facilities. Schools Building Projects. 796. Dr. Cowley asked the Minister for Edu- 798. Mr. Sherlock asked the Minister for Edu- cation and Science, in view of the recent funds cation and Science the position regarding a school made available to Mayo schools, the reason for (details supplied) in County Cork where an appli- the failure to allocate funds to provide a sports cation was made for an extension in 1999 to meet hall to a school (details supplied) in County Mayo, in view of the fact that it is waiting over the needs for increased pupil numbers. 25 years for this essential facility; when funds will [10910/06] be made available; when this school can expect to commence use of same; and if she will make a 802. Mr. N. O’Keeffe asked the Minister for statement on the matter. [10906/06] Education and Science if her attention has been drawn to the fact that a complaint has been Minister for Education and Science (Ms received regarding a primary school (details Hanafin): As the Deputy is aware from my pre- supplied) in County Cork, that an extension was vious responses on this issue,my Department is approved but to date no works have been carried committed to funding the provision of PE, out. [10974/06] general purpose and outdoor play areas in schools as part of the school building and mod- Minister for Education and Science (Ms ernisation programme. This is being addressed in Hanafin): I propose to take Questions Nos. 798 the context of available resources and the pub- and 802 together. lished criteria for prioritising school building An application for capital funding towards the projects. provision of an extension has been received from The provision of PE halls at post-primary level the school referred to by the Deputies. is considered an integral part of the design stage Additional information on the school’s appli- for any major refurbishment programme of exist- cation has recently been received and this will ing school buildings, providing always that the enable a thorough assessment of the school’s site is of sufficient size, or where a new school on requirements in order to determine the projected a greenfield site is being built. long-term staffing on which the school’s accom- All applications received in the Department modation requirements for the future will be are banded in accordance with the prioritisation based. A decision will then be made on best to criteria put in place following consultation with meet the school’s current and emerging accom- the education partners. The PE hall project at the modation needs. 1627 Questions— 21 March 2006. Written Answers 1628

[Ms Hanafin.] as the costs involved for individual schools are The project is being considered in the context site specific. However, if the Deputy wishes to of the school building and modernisation prog- request details on a specific school or schools, my ramme 2006-10. officials will provide the required information. The expenditure on prefabricated buildings by Site Acquisitions. my Department represents less than 5% of the total expenditure on school buildings, \1.6 billion, 799. Mr. Sherlock asked the Minister for Edu- over the five-year period in question. cation and Science the position regarding a school The demand for additional accommodation in (details supplied) in County Cork; if there has schools has risen significantly in recent years been progress in the acquisition of a site for the mainly due to the rapid expansion in teacher building of a new school, which has been in numbers, particularly in the area of special needs, demand for a number of years. [10911/06] the growth in the school-going population in rap- Minister for Education and Science (Ms idly developing areas and the demands to cater Hanafin): My Department is in receipt of an for diversity through the recognition of new gael- application for capital funding towards the scoileanna and Educate Together schools. accommodation needs of the school referred to The current focus within my Department is to by the Deputy. empower schools to resolve their accommodation I understand that the school authority is in the needs, wherever possible by way of permanent process of acquiring additional land adjacent to accommodation. In order to reduce the amount the existing site in order to facilitate any develop- of temporary accommodation at primary level a ment required. My officials are in the process of new initiative was launched in 2003. The purpose assessing the school’s likely long-term projected of this initiative is to allow primary schools to staffing in order to determine the school’s accom- undertake a permanent solution to their class- modation needs into the future. Factors to be room accommodation needs and to achieve the considered include current and projected enrol- best value for money. The feedback from the 20 ment, demographic trends in the area, and the schools in that pilot initiative was very positive likely impact of recent and proposed housing and the initiative was expanded considerably in developments. When this has been finalised, a subsequent years to the extent that 75 schools decision will be taken on how best to meet the have been invited to participate in the 2006 school’s current and future accommodation scheme. As a result of this initiative the amount needs. The project will then be considered for spent on the purchase of prefabricated buildings progression in the context of the 2006-10 school in 2004, for example, was just half of what had building and modernisation programme. been spent in 2003. Question No. 802 answered with Question Disadvantaged Status. No. 798. 800. Mr. F. McGrath asked the Minister for Education and Science if disadvantaged status School Placement. will be granted to a school (details supplied) in Dublin 5; and if its learning support teacher will 803. Mr. Carey asked the Minister for Edu- be retained as a matter of priority. [10913/06] cation and Science if arrangements will be made to identify an appropriate educational placement Minister for Education and Science (Ms for a person (details supplied) in Dublin 11 who Hanafin): The primary school to which the will finish in their current school in June 2006; Deputy refers has accepted an invitation to par- and if she will make a statement on the ticipate in the new school support programme, matter. [10995/06] SSP, under DEIS, Delivering Equality of Oppor- tunity in Schools. Officials from my Department Minister for Education and Science (Ms will contact the school authority directly to dis- Hanafin): As the Deputy is aware, the National cuss the learning support-resource teacher staff- Council for Special Education, NCSE, which was ing for the coming school year. established recently, and which has been oper- ational since 1 January 2005, is responsible for School Accommodation. processing applications for special educational needs’ supports. My officials have been advised 801. Mr. Kehoe asked the Minister for Edu- by the NCSE that the matter has been referred cation and Science the cost of putting a prefab to the local special educational needs organiser, into a primary school; and if this represent good SENO, for attention. I understand that the SENO value for money; and if she will make a statement will make direct contact with the school auth- on the matter. [10914/06] orities to discuss the matter. Minister for Education and Science (Ms School Evaluation. Hanafin): The information sought is not readily available in the format requested by the Deputy 804. Mr. Lowry asked the Minister for Edu- 1629 Questions— 21 March 2006. Written Answers 1630 cation and Science the number of whole school of any inspections conducted prior to 6 February evaluations carried out in schools in County 2006. Tipperary each year since 2000; the main issues of concern identified in same; the actions taken Disadvantaged Status. by her Department to remedy these issues; and if she will make a statement on the matter. 805. Mr. O’Shea asked the Minister for Edu- [11020/06] cation and Science further to appendix two of special education circular, SPED 02/05, what Minister for Education and Science (Ms exactly constitutes all designated disadvantaged Hanafin): Whole-school evaluation, WSE, was schools; and if she will make a statement on the introduced in the school year 2003-04 as a new matter. [11022/06] model of inspection designed to monitor and assess the quality and effectiveness of educational Minister for Education and Science (Ms provision in schools and centres for education. Hanafin): I can confirm for the Deputy that The evaluation procedure covers five main areas disadvantaged schools that satisfied my Depart- of a school’s work: quality of school management; ment’s criteria for additional staffing under the quality of school planning; quality of curriculum urban dimension of the Giving Children an Even provision; quality of learning and teaching; and Break scheme, which helps schools with high lev- quality of support for students. A whole-school els of pupils from disadvantaged backgrounds, evaluation involves meetings of the inspection availed of a preferential pupil-teacher ratio of team with the board of management, the parents’ 80:1 under the general allocation system. association, and the teaching staff. During the The general allocation system is intended to evaluation phase, inspectors visit classrooms, cater for children with high-incidence special edu- observe teaching and learning, and conduct inter- cational needs and those with learning support views with the principal and the in-school man- needs. The system was constructed so that allo- agement team to gather information about the cations would be based on pupil numbers, taking work of the school. into account the differing needs of the most WSE contributes to school improvement disadvantaged schools and the evidence that boys through identifying, evaluating, affirming and have greater difficulties than girls in this regard. supporting good practice in schools. The findings and recommendations of a WSE are presented Teacher Secondment. both orally and in a written report for the school 806. Mr. O’Shea asked the Minister for Edu- community. While the recommendations con- cation and Science the criteria and justification tained in inspection reports generally relate to the her Department has for assigning national school five areas evaluated under the WSE procedure, numbers to teachers who were not eligible for the issues identified are individual to each school secondment; the reason an ICT adviser in County and take account of school context factors. Where Waterford (details supplied) who has a perma- areas of concern are identified, the board and the nent teaching position in another EU country, school are advised on the steps that should be cannot avail of such a number or an equivalent taken to remedy matters. incremental pay scale, to incorporate the benefits The inspectorate has published a guide to of the teachers arbitration award; and if she will whole school evaluation for primary and post- make a statement on the matter. [11026/06] primary schools and these guides are available on the Department’s website. As the Deputy will be Minister for Education and Science (Ms aware, I have recently put in place arrangements Hanafin): The Deputy is aware that my Depart- for the publication of school inspection reports ment is reviewing the arrangements applying that arise from the general inspection programme under the various national education initiatives for schools. The new provision in regard to public following the implementation of the seconded access to certain types of inspection reports, teachers arbitration award. This review is con- including WSE reports, applies to inspections sidering the position of the person concerned and commenced after 6 February 2006. I expect that this review will be completed The Deputy’s question relates to WSE reports shortly. on schools in County Tipperary completed since 2000. I can confirm that since the introduction of Special Educational Needs. WSE in 2003-04, 11 such evaluations have been conducted in County Tipperary; three in 2004 and 807. Mr. O’Shea asked the Minister for Edu- eight in 2005. All of these evaluations have been cation and Science further to Parliamentary in primary schools. There are six WSE inspec- Question No. 501 of 7 March 2006, if in view of tions currently in process in primary schools and the urgency of the case of the person (details four WSE inspections currently in process in supplied) that a school place will be provided post-primary schools in County Tipperary. The before the end of 2006 school year; and if she will regulations do not allow for publication of reports make a statement on the matter. [11045/06] 1631 Questions— 21 March 2006. Written Answers 1632

Minister for Education and Science (Ms school planning section of my Department will be Hanafin): As I advised the Deputy in my in contact with the school authorities shortly in response to Parliamentary Question No. 501 of 7 regard to this matter. March, the person in question should make con- tact with the relevant special educational needs Schools Building Projects. organiser, SENO, who can assist her in accessing an appropriate educational placement for her 810. Mr. Stagg asked the Minister for Edu- child. As the Deputy is aware, the National cation and Science the reason it is taking five Council for Special Education, NCSE, is now months to examine the revised stage 3 submission operational. A specific function of the NCSE, in regard to the extension to a school (details through its network of local SENOs, is to identify supplied). [11049/06] appropriate educational placements for all chil- dren with special educational needs, including Minister for Education and Science (Ms children with autism. The SENO is a focal point Hanafin): I am pleased to inform the Deputy that of contact for parents and schools. Contact with the school in question was authorised to proceed the relevant SENO can be made by contacting to stages 4-5 — planning permission-fire certifi- the NCSE at 046 9486400 or alternatively by cation, bill of quantities-tender documentation — accessing the NCSE website at www.ncse.ie. My of architectural planning on 14 March 2006. Department is continuing to fund a home tuition Building projects are examined within my grant to the family concerned pending the pro- Department in order of priority. vision of an educational placement. Site Acquisitions. Schools Building Projects. 811. Mr. Stagg asked the Minister for Edu- 808. Mr. Stagg asked the Minister for Edu- cation and Science if the Chief State Solicitor has cation and Science if she has received the stage 2 completed his examination of the contract docu- submission in regard to the required phase two ments for the purchase of the new site for a extension to a school (details supplied). school (details supplied). [11050/06] [11046/06] 828. Mr. Durkan asked the Minister for Edu- Minister for Education and Science (Ms cation and Science the position in relation to a Hanafin): The building project for the school site for new school at Ardclough, County Kildare; referred to by the Deputy is at an early stage of if and when contract documents have or will be architectural planning. signed; and if she will make a statement on the My Department’s officials wrote to the school matter. [11132/06] authorities in September 2005 advising them that they should now proceed to prepare and submit Minister for Education and Science (Ms a stage 2 submission, outline sketch scheme. The Hanafin): I propose to take Questions Nos. 811 school authorities had expected to have the sub- and 828 together. mission with my Department by the end of Following examination of the contract docu- November 2005 but this has been revised to the ments for the purchase of a site for the school end of March 2006. As the board of management in question, the Chief State Solicitor’s office has is the client for this project, responsibility for raised a number of queries. These queries are ensuring that this timeframe is maintained lies now being addressed. with it. Further progression of the project can be made when the stage 2 submission is received. Schools Building Projects. 812. Mr. Stagg asked the Minister for Edu- School Accommodation. cation and Science if design teams have been 809. Mr. Stagg asked the Minister for Edu- appointed in regard to new schools (details cation and Science if further to the Adjournment supplied) and for the extension to a school. debate on 1 March 2006 temporary accommo- [11056/06] dation is being provided to cater for all children applying to start in a school (details supplied) in Minister for Education and Science (Ms September 2006. [11047/06] Hanafin): In January of this year, I announced details of 62 projects which were being given the Minister for Education and Science (Ms go-ahead to proceed with major works such as Hanafin): The school referred to by the Deputy new school building projects, extensions or refur- made an application to my Department for extra bishment. The first step for these schools is the accommodation for next September under my appointment of an architectural team that will Department’s additional accommodation scheme design and plan the works. 2006. As a result of changes to the EU directive for I am pleased to inform the Deputy that the the appointment of consultants, effective from 31 application has been successful and officials in the January 2006, the school building section has had 1633 Questions— 21 March 2006. Written Answers 1634 to revise its guidance documents in regard to the three years ago, almost 2,000 projects have been appointment of design team consultants. carried out in schools at an overall cost in excess This exercise will be completed shortly and the of \179 million. roll-out of advertisements seeking design team A devolved grant scheme for minor works is consultants for individual school building projects also provided. The primary responsibility for will follow on immediately thereafter. health and safety in school buildings rests with school management authorities. Approximately 813. Mr. Stagg asked the Minister for Edu- \18 million in respect of all primary schools is cation and Science the various stages involved in issued each year under this devolved grant. Each the provision of new schools or extensions to primary school gets a standard rate of \3,809 schools. [11057/06] together with rate of \12.70 per pupil. Apart from devolved initiatives, the school Minister for Education and Science (Ms building section of my Department also uses the Hanafin): Under the traditional method of pro- design and build approach to deliver new build- curing school buildings, design team procedures ings as expeditiously as possible. An example of comprise nine stages. During the early stages of this approach is the delivery of a new 16-class- architectural planning of projects, stages 1 to 3, room primary school in Lucan. The total time the design and planning of the project is taken to complete the project, including design developed from the assessment of site suitability time, was 13 months. The design and build through to the detailed design. Stages 1, 2 and 3 approach will now be piloted at post-primary are combined for many projects. level with the development of an 800+ pupil The more advanced stages of architectural school in Dublin 15. planning, stages 4 and 5, involve the obtaining of Standard-generic designs have also been planning permission and the preparation of pre- developed by the building unit of my Department tender documents. Stages 4 and 5 are combined for eight and 16-classroom schools. It is expected for the vast bulk of projects. Stages 6 to 9 relate that use of these designs, wherever possible, will to the procurement of tenders, the placing of con- yield substantial savings in terms of design team tracts, the commencement of construction and fees as well as reducing the time taken to bring post-contract cost control. projects to completion. I am pleased to inform the Deputy that my In addition to these developments, I will be Department has moved towards greater devol- providing 23 new post-primary schools and four ution of the management and delivery of large- new primary schools under a major expansion of scale school building projects to school auth- the Government’s public private partnership orities. The main advantage is that my Depart- programme from 2006-09. The projects targeted ment will be in a position to respond more for delivery involve new schools in rapidly quickly to building needs, having regard to the developing areas, replacements for existing level of funding available. The processes involved schools and new accommodation for schools for- will also reduce the number of stages through med by the amalgamation of existing schools. The which a project must proceed in architectural first schools bundle under this programme will go planning. Chief among new initiatives in this area to the market in the first half of 2006. is the small schools scheme — 135 primary schools will benefit under the scheme this year Summer Works Scheme. \ alone. Funding of over 54 million is being allo- 814. Mr. Stagg asked the Minister for Edu- cated to the schools concerned — double the cation and Science if, further to Parliamentary amount allocated in 2005 and four times the 2004 Question No. 267 of 16 February 2006, the appeal amount. The number of schools being invited to was successful. [11060/06] participate in the scheme has increased by 40% and the rate of funding for individual schools is Minister for Education and Science (Ms being increased, on average, by 20%. Grants Hanafin): The school to which the Deputy refers under the scheme now range from \275,000 to applied for an external environment project \820,000 depending on school size and the type under the summer works scheme 2006, SWS. As of works involved. The small schools scheme, the Deputy was previously informed, the school which is aimed at primary schools of up to four planning section of my Department also had on teachers where enrolment numbers are stable, hand at that time an application for additional will address accommodation requirements over accommodation from the management authority the next decade. of the school. This proposed building project was Over \19 million is being provided to 75 being considered under another scheme. In light schools this year under the permanent accommo- of this, the school’s summer works scheme appli- dation scheme so that they can deliver additional cation was deemed unsuccessful as it was con- small scale permanent classroom accommodation. sidered poor value for money to undertake exter- Some 740 schools will spend \78 million on nal environment works prior to a proposed refurbishment works under the summer works building project. The management authority of scheme in 2006. Since the scheme commenced the school appealed this decision. 1635 Questions— 21 March 2006. Written Answers 1636

[Ms Hanafin.] In order to maintain this momentum I have In the meantime, the school was included on a invited 210 schools to participate in these list which I published recently of 135 primary schemes in 2006. These schools have been invited schools which are being invited to participate in to attend information meetings held by officials the small schools scheme, SSS, this year. Funding from my Department in Tullamore on 20 and 21 of over \54 million is allocated to this scheme March. A school does not have to accept the invi- which is aimed at primary schools of up to four tation to participate in a devolved scheme and teachers and where enrolment numbers are stable can instead be considered for inclusion in the to address their accommodation requirements mainstream school building programme in line over the next decade. Grants under the scheme with the project’s priority band rating. range from \275,000 to \820,000 depending on school size and the type of works involved. School Inspections. My Department will await the outcome of its invitation to the school to participate in the SSS 817. Ms Shortall asked the Minister for Edu- before processing the SWS appeal which will cation and Science if she will provide details of all become redundant in the event of the former her Departments inspections of a school (details funding being accepted. supplied) over the past five years; her views on making available all educational reports on a per- son (details supplied) to the legal representatives Schools Building Projects. of that person. [11104/06] 815. Mr. Stagg asked the Minister for Edu- cation and Science if she is in a position to sanc- Minister for Education and Science (Ms tion progress in regard to the required extension Hanafin): I can confirm that an inspection of the to a school (details supplied) in County school to which the Deputy refers was conducted Kildare. [11076/06] in the school year 2001-02 as part of the regular programme of school inspections conducted dur- Minister for Education and Science (Ms ing that year. As the Deputy may be aware, I Hanafin): The school planning section of my signed the Education Act 1998 (Publication of Department has received an application for Inspection Reports on Schools and Centres for major capital funding from the management Education) Regulations 2006 and placed these authorities of the school to which the Deputy regulations before the Oireachtas in February refers. The application has been assessed in 2006. The document, Publication of School accordance with the published prioritisation Inspection Reports: Guidelines, published on 30 criteria for large scale projects. Progress on the January 2006, is available on my Department’s proposed works is being considered in the context website at www.education.ie. The guidelines state of the school building and modernisation prog- that publication procedures will apply to all ramme from 2006 onwards. inspections commenced on or after 6 February 2006. School Accommodation. The regulations do not allow for publication of reports of any inspections conducted prior to 6 816. Mr. Hayes asked the Minister for Edu- February 2006. The inspection reports when cation and Science if temporary classroom accom- finalised will be placed on my Department’s modation will be provided to a school (details website. supplied) in County Tipperary. [11099/06] I also wish to advise the Deputy that with regard to the provision of educational reports for Minister for Education and Science (Ms a particular child, it is suggested that these Hanafin): The school in question has been invited matters are raised directly with the school auth- to participate in the 2006 permanent accommo- orities concerned. dation scheme. This scheme is intended to provide a permanent long-term solution to a school’s accommodation needs, as opposed to the School Staffing. provision of temporary accommodation. It 818. Ms Shortall asked the Minister for Edu- devolves a guaranteed level of funding to school cation and Science if her attention has been management authorities and allows them to have drawn to the severe difficulties being experienced control of their projects, assists in moving projects by a school (details supplied) in Dublin 9 as a more quickly to tender and construction and can result of drastic reductions in staff numbers fol- also deliver better value for money. lowing a recent amalgamation; if she will respond The permanent accommodation scheme to requests from the school for additional together with the small schools scheme was orig- resources in order to cope with the particular inally introduced on a pilot basis. The feedback problems which have arisen due to the amalga- has in general been very positive, the number of mation; if arrangements will be made for senior schools participating has increased year-on-year staff from her Department to meet with represen- and many schools are anxious to be included. tatives of the school in order that these difficulties 1637 Questions— 21 March 2006. Written Answers 1638 can be addressed at an early stage; and if she will proposed will meet the long-term needs of the make a statement on the matter. [11105/06] school. Once this is finalised, the project will be considered for progression in the context of the Minister for Education and Science (Ms school building and modernisation programme Hanafin): Teacher allocations to second level 2006-10. schools are approved annually by my Department in accordance with established rules based on School Discipline. recognised pupil enrolment. Each school manage- ment authority is required to organise its teaching 820. Mr. Connolly asked the Minister for Edu- timetable and subject options having regard to cation and Science the function and composition pupils needs within the limit of its approved of the proposed new behaviour support teams; teacher allocation. The rules for allocating teach- the way in which they will contribute to improved ing resources provide that where a school man- student discipline and fewer suspensions and agement authority is unable to meet its curricular other sanctions; the proposed timescale for the commitments, my Department will consider introduction of the behaviour support teams; and applications for additional short-term support. if she will make a statement on the matter. An independent appeals mechanism is available [11113/06] to school authorities who wish to appeal the adequacy of their teacher allocation. Minister for Education and Science (Ms In the 2005-06 school year, the school in ques- Hanafin): The establishment of a behaviour sup- tion applied for a concessionary allocation and port team is at the core of many of the recom- was allocated 7.22 whole-time equivalent teacher mendations of School Matters — The Report of posts. The school was notified of this allocation the Task Force on Student Behaviour in Second on 10 May 2005 and was advised that, in the event Level Schools. When launching the report on 14 of it not being satisfied with this allocation, it March, I announced that I would be taking could appeal in writing to the independent immediate steps to establish such a team. The appeals committee. An appeal was submitted by role of this team will span the spectrum from the school and the independent appeals commit- diagnosis of school problems to assistance with tee decided to award an additional .82 whole-time remediation. I want the team to be staffed by equivalent teaching posts. The total teaching staff practitioners of the highest calibre with real on- allocation to the school for the 2005-06 school the-ground experience and the capacity to work year is 68.10 whole-time equivalent teacher posts. collaboratively with those schools experiencing Based on a enrolment of 790 pupils, this level of significant discipline problems. My Department allocation leaves the school with an actual pupil will shortly advertise and recruit staff for this teacher ratio of 11.6:1. team, with the intention that it will be fully The closing date for applications for additional operating in the next school year. short-term support for the 2006-07 school year The behaviour support team will work with was 3 March 2006. My Department received an schools having significant discipline problems. application for concessionary hours from the The task force report supports this focused school in question on 16 March 2006 for a total approach and, to this end, the team will be based of 156.40 hours for the 2006-07 school year. My regionally. The report also recommends an Department will be in contact with the school increase in the staffing of the national educational authorities regarding this application shortly. psychological service, NEPS. Additional psychol- ogists will be recruited by NEPS in order to assign members of that service to work exclus- Schools Building Projects. ively with the behaviour support team. Other 819. Ms Enright asked the Minister for Edu- support teams, such as the leadership develop- cation and Science when a building application ment for school and the second level support submitted in 1997 by a school (details supplied) service, will collaborate with the behaviour sup- in County Cork which currently has 274 pupils port team in addressing the causes of behavioural and does not have a sports hall, an assembly area difficulties in some schools. Student behaviour is or a lunchroom area and has only one science lab- not a stand-alone issue and cannot be solved in a oratory will be considered; the programme of stand-alone way. funding this application falls under; and if she will When established, the behaviour support team make a statement on the matter. [11106/06] will invite applications from schools experiencing significant discipline problems. Following an Minister for Education and Science (Ms initial screening, the team will choose schools for Hanafin): An application for capital funding participation in the first phase of its activity. The towards the provision of an extension has been first step in schools seeking support is one of received from the school referred to by the themselves identifying the existence of a serious Deputy. discipline problem. The behaviour support team Schedules of accommodation had been agreed will engage intensively in the school over a period some time ago and these are now being re-exam- of time, to identify at school level, those measures ined to ensure that level of accommodation being and changes which need to be put in place in 1639 Questions— 21 March 2006. Written Answers 1640

[Ms Hanafin.] the tender for the work at the school in question order to bring about real and sustained improve- has been accepted and that the project com- ment in student behaviour. The behaviour sup- menced construction in February 2006. port team will work, in the first instance, with schools experiencing the most severe discipline 825. Mr. Durkan asked the Minister for Edu- problems. Up to 50 schools may be involved in cation and Science if her Department has the early phases of the team’s work. received a revised sketch scheme from a school (details supplied); when a decision will be made Schools Building Projects. in this regard; and if she will make a statement on the matter. [11129/06] 821. Mr. Durkan asked the Minister for Edu- cation and Science if her Department has made a Minister for Education and Science (Ms decision in regard to a tender report forwarded Hanafin): I am pleased to inform the Deputy that to her Department by a school (details supplied) the revised sketch scheme has been received in in County Kildare; when a decision will be made my Department and a letter issued to the school in this regard; and if she will make a statement on 16 March 2006, giving approval to proceed to on the matter. [11125/06] stage 3, detailed plans-costs of architectural planning. Minister for Education and Science (Ms Hanafin): The tender report in respect of the new 826. Mr. Durkan asked the Minister for Edu- school in question was received by my Depart- cation and Science the position on extra facilities ment in early December 2005 and has since been at a school (details supplied) in County Kildare assessed. When the legalities associated with the in the context of the schools building and mod- site transfer are concluded, my Department will ernisation programme for 2006; and if she will be in a position to approve the appointment of make a statement on the matter. [11130/06] the successful contractor and for the construction phase to commence. Minister for Education and Science (Ms Hanafin): The school planning section of my 822. Mr. Durkan asked the Minister for Edu- Department has received an application for cation and Science when a decision will be made major capital funding from the management relating to documentation appertaining to a stage authorities of the school to which the Deputy 3 submission forwarded to her Department by a refers. The application has been assessed in school (details supplied) in County Kildare; and accordance with the published prioritisation if she will make a statement on the matter. criteria for large-scale projects. Progress on the [11126/06] proposed works is being considered in the context of the schools building and modernisation prog- Minister for Education and Science (Ms ramme from 2006 onwards. Hanafin): I am pleased to inform the Deputy that the school in question was authorised to proceed to stages 4-5, planning permission-fire certifi- School Staffing. cation, bill of quantities-tender documentation, of 827. Mr. Durkan asked the Minister for Edu- architectural planning on 14 March 2006. cation and Science the progress which has been made to date in 2006 to resolve ongoing issues 823. Mr. Durkan asked the Minister for Edu- surrounding the resources and staffing for the cation and Science when a decision will be made double autism unit at a school (details supplied) relating to a tender report forwarded to her in County Kildare which is ready for occupation Department by a school (details supplied) in for over two and a half years and is still not open; County Kildare; and if she will make a statement and if she will make a statement on the on the matter. [11127/06] matter. [11131/06]

Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): I am pleased to inform the Deputy that Hanafin): I am anxious to ensure that this pur- my Department recently issued a tender approval pose-built facility for children with autism will letter for the proposed project at the school in become operational as soon as possible. question. My officials wrote to the school in question on 21 December 2005 outlining the supports avail- 824. Mr. Durkan asked the Minister for Edu- able from my Department to facilitate the oper- cation and Science when construction will com- ation of the autism unit at the school. To date, mence at a school (details supplied) in County no response has been received from the school Kildare; and if she will make a statement on the authorities and my officials in the Department matter. [11128/06] will shortly make further contact with the school.

Minister for Education and Science (Ms Question No. 828 answered with Question Hanafin): I am pleased to inform the Deputy that No. 811. 1641 Questions— 21 March 2006. Written Answers 1642

Defence Forces Property. his Department’s website concerning the case of a person (details supplied) to the effect that the 829. Mr. Allen asked the Minister for Defence report of the Judge Advocate General publicised if a decision has been made on the offer made by on the website was subsequently quashed by the Cork City Council for the acquisition of land at High Court in July 2005. [10442/06] Collins Barracks, Cork, including the pitch and putt club as well as surrounding land and houses; Minister for Defence (Mr. O’Dea): The posi- and when a decision will be made on that tion remains as outlined in my reply of 7 March offer. [10062/06] 2006 in that it is not intended to remove the Minister for Defence (Mr. O’Dea): My Depart- material referred to in the earlier parliamentary ment is in correspondence with Cork City question from the Department’s website. The Council regarding the sale of part of the Camp website will, however, be updated to reflect the Field, Collins Barracks, Cork. It is hoped to court judgment regarding the report of the Judge finalise matters in this regard at an early stage. Advocate General by placing a copy of the judgment and the related High Court order, dated 27 July 2005, on the website. 830. Mr. Fleming asked the Minister for Defence the lands and buildings owned by his Department or the Defence Forces or bodies Tax Yield. under his Department in counties Laois and 833. Mr. Connolly asked the Minister for the Offaly. [10142/06] Environment, Heritage and Local Government the revenue generated by the plastic bag tax on a Minister for Defence (Mr. O’Dea): The yearly basis since its introduction; his views on Department of Defence holds property in coun- whether the tax should be adjusted accordingly; ties Laois and Offaly as follows: County Laois, and if he will make a statement on the matter. Reserve Defence Forces premises, Portlaoise, [10109/06] comprising approximately 0.8 acres; County Offaly, site at Crinkill, Birr, comprising approxi- 836. Ms O’Sullivan asked the Minister for the mately 4.9 acres. Environment, Heritage and Local Government the amount of revenue received under the plastic Airport Development Projects. bag levy since its introduction; the amount 831. Mr. O’Connor asked the Minister for received each year since the introduction of the Defence his plans for the development of facili- levy; and if he will make a statement on the ties at Baldonnell aerodrome; and if he will make matter. [10049/06] a statement on the matter. [10244/06] Minister for the Environment, Heritage and Minister for Defence (Mr. O’Dea): Casement Local Government (Mr. Roche): I propose to Aerodrome, Baldonnel, is the principal base of take Questions Nos. 833 and 836 together. the Air Corps. No change in this regard is con- Total receipts each year for the plastic bag levy templated. on disposable shopping bags are set out in the Periodic interest by the private sector has been following table: expressed during the past decade or so regarding the use of Casement Aerodrome for civil aviation \m purposes. The establishment of facilities for civil aviation purposes is primarily a matter for the 2002 7.101 Minister for Transport. Under the Irish Aviation 2003 12.657 Authority Act 1993, however, aerodromes under 2004 13.498 my authority are precluded from regulation by 2005 17.526 the Irish Aviation Authority. Only the regulation of military aviation activities at military aero- 2006 to date 4.602 dromes comes within my remit. Before any con- Total 55.384 sideration could be given to having commercial aviation at Baldonnel, it would be necessary to bring Casement Aerodrome within the licensing Prior to the introduction of this levy, an estimated and regulatory control of the Irish Aviation 1.2 billion plastic bags were given away free by Authority, which would require an amendment to retailers. The levy has led to a dramatic reduction section 3 of the Irish Aviation Authority Act in use of plastic bags with a consequent positive 1993. environmental benefit. Plastic shopping bags accounted for 5% of litter arisings prior to the Departmental Documents. introduction of the levy, but for just 0.22% of lit- ter arisings in 2004. 832. Mr. J. Higgins asked the Minister for It is evident that the plastic bag levy continues Defence if, in view of his reply to Question No. to have a positive effect on our environment. I 570 of 7 March 2006, he will undertake to update am anxious that it should continue to do so and 1643 Questions— 21 March 2006. Written Answers 1644

[Mr. Roche.] Question No. 836 answered with Question in this context I will keep all aspects of the levy, No. 833. including the level of the tax, under review. Register of Electors. Architectural Heritage. 837. Mr. Deasy asked the Minister for the 834. Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if, Environment, Heritage and Local Government if in view of his acknowledgement that there are at he will review the decision not to proceed with least 500,000 inaccuracies on the electoral regis- phase two of the restoration works to Maynooth ter, he would agree that local authorities need to Castle. [11078/06] have staff who are dedicated to compiling the register; his views on whether this requires a sep- Minister for the Environment, Heritage and arate allocation of funding from his Department Local Government (Mr. Roche): Restoration that is ring fenced from being used for other pur- works representing an investment of some \2 mil- poses; and if he will make a statement on the lion have already been carried out at Maynooth matter. [10067/06] Castle and have facilitated the provision of visitor access and a guide service. 868. Mr. Quinn asked the Minister for the My Department is aware that further facilities, Environment, Heritage and Local Government if including the provision of toilets, would be his attention has been drawn to remarks made required if there were to be a greater use of the during Question Time on 8 March 2006 in castle. It is not feasible to provide these at the relation to the utilisation of the census process for the purposes of authenticating the electoral site currently. If opportunities were to arise to register; his views on the suggestion that the Cen- overcome this problem through the acquisition of tral Statistics Office census enumerators be asked land, my Department would examine these in to deliver to and collect from each house a regis- conjunction with the Office of Public Works. ter of electors application form; if he has made a decision regarding this proposal; if so, the action Ministerial Guidelines. he proposes to take; and if he will make a state- 835. Ms O. Mitchell asked the Minister for the ment on the matter. [10353/06] Environment, Heritage and Local Government if the draft ministerial guidelines regarding internal Minister for the Environment, Heritage and space standards for apartments, currently being Local Government (Mr. Roche): I propose to prepared by his Department, will regulate the take Questions Nos. 837 and 868 together. overall footprint of each apartment, the size of In law, preparation of the register of electors is rooms within apartments or both; and when it is a matter for each local registration authority. It is expected that the draft will be published. their duty to ensure, as far as possible and with [10026/06] the cooperation of the public, the accuracy and comprehensiveness of the register. I share the concerns that have been expressed on the quality Minister for the Environment, Heritage and of the register. Comparison between the results Local Government (Mr. Roche): My Department of census 2002 and the register indicates a differ- has commissioned a research study into apart- ence of up to 300,000. ment size and space standards to inform a review My Department wrote to registration auth- being undertaken of the Guidelines for Planning orities on 14 July 2005 and requested them to Authorities on Residential Density, published in take all necessary steps to secure significant 1999. The research study is examining, inter alia, improvement in the quality of the register. A the adequacy of current internal space provision national awareness campaign was conducted in in apartments and will recommend internal space November 2005 associated with the work on standards relating to overall minimum floor areas preparation of the register under way at that for one-bedroom, two-bedroom, three-bedroom stage. Also in November 2005, my Department apartments and also minimum areas for individ- completed work on new and updated guidance ual room types, including bedrooms, kitchens, liv- for registration authorities on preparing and ing rooms and dining rooms. The study will also maintaining the register. The aim of the guidance recommend standards regarding internal storage is to secure significant improvement in the accu- space and external storage space — for example, racy and comprehensiveness of the register by bicycle shed, waste bins — as well as private open setting out clearly the legal requirements in this space — balconies, patios, etc. It is my intention complex area, and identifying best practice for to publish proposals on this aspect of the review registration authorities in their work on the of the residential density guidelines by the end of register. May. I am arranging for a copy of the terms of The draft guidance has been circulated for reference for the study to be sent to the Deputy. comment to all registration authorities and 1645 Questions— 21 March 2006. Written Answers 1646 returning officers and to the Joint Committee on and also on the Department’s website at the Environment and Local Government which, www.environ.ie. in December 2005, discussed it. Following this The annual housing statistics bulletins provide, consultation process, my Department is finalising among other things, information on the number the guidance. However, in view of the importance of sites acquired on foot of Part V agreements of securing improvements in the register, regis- with developers and the number of low-cost hous- tration authorities have also been asked to pro- ing sites that have been made available by local ceed to implement the draft guidance with authorities. immediate effect. While data are currently being compiled for As regards funding, local authorities meet their 2005, provisional figures supplied by local auth- general expenditure, including in relation to the orities to my Department indicate that 1,833 register, from a variety of sources such as com- affordable housing units have been acquired, 730 mercial rates, rents, fees, charges for services, and shared ownership transactions have been com- general purpose grants from the local govern- pleted, 57 fully or partially developed sites have ment fund. In 2006, I allocated general purpose been acquired on foot of Part V agreements with grants to local authorities totalling \875 million, developers while 124 low-cost sites were made an increase of \57 million, or 7%, over the available by local authorities. amount provided last year. As regards census 2006, information published Vehicle Ownership Transfers. by the CSO at electoral division level should 840. Mr. Kenny asked the Minister for the assist registration authorities in compiling the Environment, Heritage and Local Government if register for their areas. Separate and distinct notification of change of ownership of a vehicle policy and legislative contexts apply to the carry- for major motor traders can be done on-line; if ing out of a census by the CSO and the compi- change of ownership of a vehicle for smaller trad- lation of the register by registration authorities. ers and notification of a change of ownership of It has not been established that it is feasible to a vehicle on-line for person to person transactions link the two processes at the operational level and can be done on-line; and if he will make a state- there are no proposals to do so. I will continue to ment on the matter. [10091/06] keep these important issues under close review. Minister for the Environment, Heritage and Local Authority Housing. Local Government (Mr. Roche): My Department 838. Mr. Wall asked the Minister for the Envir- intends to develop arrangements for on-line onment, Heritage and Local Government if there change of vehicle ownership for motor traders as is an application with his Department in regard an extension of the successful on-line motor tax to refurbishment of houses (details supplied); and system already in place for first time registration if he will make a statement on the matter. and for motor tax renewals. My Department is [10079/06] currently examining the appropriate approach in this regard. There are no proposals, however, for Minister of State at the Department of the such a service for private transactions. Environment, Heritage and Local Government (Mr. N. Ahern): There are no proposals with my Development Applications Tracking System. Department from Kildare County Council for the 841. Mr. Kenny asked the Minister for the refurbishment of houses in the scheme in Environment, Heritage and Local Government if question. the development applications tracking system within his Department has been completed; if 839. Mr. Wall asked the Minister for the Envir- not, the reason therefor; and if he will make a onment, Heritage and Local Government the statement on the matter. [10096/06] number of affordable sites and affordable houses that each local authority has supplied to appli- Minister for the Environment, Heritage and cants for each of the past three years; and if he Local Government (Mr. Roche): The develop- will make a statement on the matter. [10080/06] ment applications tracking system, DATS, is designed to provide staff of my Department Minister of State at the Department of the examining archaeological, architectural and wild- Environment, Heritage and Local Government life heritage aspects of development proposals (Mr. N. Ahern): Information to end September referred by planning and other regulatory auth- 2005 on the number of housing units provided orities with an integrated workflow, document under the various affordable housing schemes in management and geographic information system. each local authority area is published in my The pilot phase of DATS was launched last Department’s housing statistics bulletins, copies November to test it in a working environment; of which are available in the Oireachtas Library this has identified a number of operational issues 1647 Questions— 21 March 2006. Written Answers 1648

[Mr. Roche.] of identity, income details, etc., must still be sub- and these are being resolved. During this phase mitted in the traditional way. Also, while it is the system is being closely monitored and users’ intended to incorporate an on-line housing appli- experiences will feed into the further phases of cation facility in the integrated housing system in the rollout, the delivery of user training and the the future, my Department has strongly advised implementation of future system enhancements. local authorities to interview housing applicants Further staff training and rollout of the system is when they apply for housing in order to advise expected over the course of 2006. them on their housing options and to facilitate them in applying for the housing option most Local Authority Housing. appropriate to their circumstances. 842. Mr. Kenny asked the Minister for the Spatial Data Infrastructure. Environment, Heritage and Local Government if the integrated housing package project has been 843. Mr. Kenny asked the Minister for the completed within his Department; if not, the Environment, Heritage and Local Government if reason therefor; and if he will make a statement the national spatial data infrastructure project is on the matter. [10097/06] fully implemented; and if he will make a state- ment on the matter. [10099/06] 844. Mr. Kenny asked the Minister for the Environment, Heritage and Local Government if Minister for the Environment, Heritage and local authority housing can be applied for on-line; Local Government (Mr. Roche): To facilitate the if not, the reason this service is not available; and implementation of an Irish spatial data infrastruc- if he will make a statement on the matter. ture, ISDI, my department is currently preparing [10119/06] a draft policy framework document for consider- ation by Government later this year. The frame- Minister of State at the Department of the work will deal with a wide variety of issues Environment, Heritage and Local Government related to the establishment of an ISDI, including (Mr. N. Ahern): I propose to take Questions Nos. basic principles, standards, data issues, finances, 842 and 844 together. legal matters, including intellectual property As stated in the reply to Question No. 282 of rights, publicity and consultation, research and 16 February, the Local Government Computer development, organisational issues and imple- Services Board, LGCSB, has been commissioned mentation arrangements. to develop an integrated housing project on An ISDI working group comprising represen- behalf of local authorities and my Department. tatives from Ordnance Survey Ireland, the Cen- A two-phase approach has been adopted for tral Statistics Office, Land Registry, Local the implementation of the project. An interim Government Computer Services Board and package, Housing Operations Made Easy, academics-researchers with expertise in the field HOME, based on a product developed by Kerry was established to advise my Department on County Council, is currently being rolled out to ISDI matters. The group has been providing valu- all local authorities, with the exception of Dublin able input into the ISDI policy preparation City Council which, due to the scale of its oper- process. ations, is implementing and financing the development of a system to meet its own needs. Question No. 844 answered with Question Greater reliance on external ICT consultancy No. 842. support is envisaged in relation to the final phase of the integrated housing system and the LGCSB Register of Electors. is now engaged in public procurement for this 845. Mr. Kenny asked the Minister for the purpose. The project has not yet been completed Environment, Heritage and Local Government if and due to its complexity and scale the final on-line registration on the electoral register is phase of the project will take some time to possible; if not the reason this is the case; and if complete. he will make a statement on the matter. As regards the availability of facilities to apply [10122/06] for local authority housing on-line, various on- line services are available in local authorities Minister for the Environment, Heritage and including downloading of applications and limited Local Government (Mr. Roche): In law, prep- on-line application services. For instance, facili- aration of the register of electors is a matter for ties exist for on-line housing applications in West- each local registration authority. It is their duty meath County Council, whereby applications may to determine the detailed arrangements to be be completed on-line and are then processed in adhered to in the preparation of the register. the same way as other applications received. In I understand that, while authorities increas- the absence of on-line citizen authentication ingly make available an on-line register search services, supporting documentation such as proof facility and the relevant forms can be downloaded 1649 Questions— 21 March 2006. Written Answers 1650 from registration authority websites, authorities Environment, Heritage and Local Government if do not provide for direct on-line registration as funding will be made available for the upgrading such systems may not give the necessary assur- of the R178 regional route from Carrickmacross ance to support entry of an individual on the to Dundalk; if the dangerous Essexford Bridge register. section will be realigned; and if he will make a statement on the matter. [10179/06] Planning Issues. Minister for the Environment, Heritage and 846. Dr. Cowley asked the Minister for the Local Government (Mr. Roche): The improve- Environment, Heritage and Local Government ment of non-national roads in counties Louth and further to Question No. 244 of 2 March 2006, the Monaghan is a matter for Louth and Monaghan way in which a person would know if planning county councils, respectively, to be funded from permission were required to extract turf from his their own resources supplemented by grants pro- or her bog; the further way in which one can tell vided by my Department. Grants totalling if extracting turf from one’s bog would have sig- \542,938 were paid to Louth County Council nificant effects on the environment; and if he will from 1999 to 2005 in respect of improvement make a statement on the matter. [10146/06] works on the R178, and in 2006 a grant of \300,000 was allocated to Louth County Council Minister for the Environment, Heritage and under the strategic non-national roads scheme of Local Government (Mr. Roche): As stated in the grants for improvement works on the R178 at reply to Question No. 245 of 2 March 2006, peat Ballykelly-Essexford — Redbog. extraction below ten hectares in area is exempt In 2005, my Department sought applications development except where it could have signifi- from road authorities for funding under the 2006 cant effects on the environment. The threshold EU co-financed specific improvements grant has been set at a level that ensures that the vast scheme. While Monaghan County Council’s majority of sub-threshold peat extractions will application included a request for funding of not have a significant effect on the environment. \200,000 in respect of improvement works to the However, the planning code recognises that a R178 Carrickmacross-Dundalk road, the council particular project below this threshold could have listed the proposal as its lowest priority in a prior- significant effects on the environment because of itised list of 17 schemes submitted and it was not the nature of the project, its location or other possible to prioritise the project for funding in particular circumstances. The criteria for 2006. Fourteen of the 17 schemes submitted by determining whether a development would or the council received an allocation from my would not be likely to have significant effects on Department in 2006. No application for funding the environment are set out in Schedule 7 of the has been received in my Department for the Planning and Development Regulations 2001. As Essexford Bridge section of the R178 part of their general planning enforcement func- Carrickmacross-Dundalk road. tions, planning authorities will continue to over- My Department will again be seeking appli- view sub-threshold peat extractions in relation to cations under the EU co-financed specific these criteria. improvements grant scheme later this year and A person proposing to carry out peat extrac- it will be open to Monaghan and Louth County tion and who, having regard to the provisions of Councils to submit applications for consideration Schedule 7 of the 2001 regulations, requires guid- for funding under this scheme in 2007. ance as to whether the extraction in question would have significant effects on the environment Local Authority Housing. should consult the appropriate planning auth- ority. If desired, a person may seek a declaration 848. Mr. Connolly asked the Minister for the under section 5 of the Planning and Development Environment, Heritage and Local Government if Act 2000 from the planning authority on the he proposes to increase the limits for the afford- question of whether a development is, or is not, able housing scheme; and if he will make a state- exempted development. The declaration must be ment on the matter. [10180/06] issued within four weeks and may be referred to An Bord Pleana´la for review. Minister of State at the Department of the As also outlined in the reply referred to above, Environment, Heritage and Local Government peat extraction within peatland areas that have (Mr. N. Ahern): The income eligibility and loan been afforded protection either as special areas limits for the affordable housing schemes were of conservation, SACs, of natural heritage areas, reviewed and increased with effect from 1 NHAs, are subject to a separate control system. January 2006. The income eligibility for a single income household was increased from \36,800 to \40,000 and from \90,000 to \100,000 for a two- Road Network. income household. The maximum loan that can 847. Mr. Connolly asked the Minister for the be advanced by local authorities for the acquis- 1651 Questions— 21 March 2006. Written Answers 1652

[Mr. N. Ahern.] water services investment programme for ition or construction of a house has been schemes costing less than \5 million. increased to \185,000. I have no proposals to increase these limits further but will continue to Water and Sewerage Schemes. keep them under review. 851. Mr. J. Breen asked the Minister for the Environment, Heritage and Local Government Housing Grants. the cutbacks he has requested from Clare County 849. Mr. Connolly asked the Minister for the Council regarding the Scariff, Feakle, Quilty and Environment, Heritage and Local Government Mullagh sewerage schemes; if his attention has his views on the introduction of a policy of home- been drawn to the fact that cutbacks will have to steading, that is, the provision of reconstruction come from the network; if he will apply the same grants and loans for the refurbishment and repair pricing policy to all disadvantaged schemes here; of old derelict dwellings; and if he will make a and if he will make a statement on the matter. statement on the matter. [10182/06] [10191/06]

Minister of State at the Department of the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Roche): The Quilty, Sca- (Mr. N. Ahern): It is not proposed to reintroduce riff and Feakle sewerage scheme, which includes a generally available house improvement grant Mullagh, has been approved for construction in scheme. However, there are a number of targeted my Department’s water services investment prog- options currently available to assist vulnerable ramme 2005-07. However, Clare County Council groups such as lower-income households and eld- is currently reviewing the scheme, including the erly persons to secure necessary improvement extent of the catchments to be served and the works to their houses. These include the local treatment capacities in each location, with a view authority house improvement loan scheme, the to devising proposals that represent more reason- disabled persons and essential repairs grant able value for the required Exchequer invest- scheme, the improvement works in lieu of local ment. The same funding principles apply gener- authority housing scheme and the task force on ally throughout the country. special housing aid for the elderly. The council’s revised proposals will be exam- The recently launched Housing Policy Frame- ined as quickly as possible on receipt in my work — Building Sustainable Communities will Department with a view a view to the scheme ensure that specific strategies meet the housing of being advanced to construction stage. all those with special needs. Some of these stra- tegies are already in place, while others need House Completions. updating to include specific targets within the 852. Mr. Morgan asked the Minister for the action plans. The voluntary and co-operative Environment, Heritage and Local Government housing sector has a particular role in this regard. the house completions in each of the past five The disabled persons grant and essential repairs years; the percentage of these each year which grant have been reviewed and will be reformed were social housing; and if he will make a state- to improve equity and targeting. ment on the matter. [10210/06]

Departmental Correspondence. 853. Mr. Morgan asked the Minister for the 850. Mr. McHugh asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government the house completions in each of the past five when correspondence from a group (details years; the percentage of these each year which supplied) in County Galway will be replied to. were second homes; and if he will make a state- [10183/06] ment on the matter. [10211/06]

Minister for the Environment, Heritage and Minister of State at the Department of the Local Government (Mr. Roche): The group con- Environment, Heritage and Local Government cerned has been advised that Galway County (Mr. N. Ahern): I propose to take Questions Nos. Council’s preliminary report for the Kinvara 852 and 853 together. sewerage scheme is under examination in my Housing statistics, including annual com- Department and that additional information is pletions for the past five years, are published in awaited from Galway County Council in that con- the housing statistics bulletins which are available text. Following approval of the preliminary report in the Oireachtas Library and on the Depart- the scheme can then be advanced to construction ment’s website. My Department does not have a without further reference to my Department in definitive breakdown of house completions either accordance with the revised procurement pro- by type of purchaser or whether they were second cedures I have recently introduced under the or holiday homes or intended for renting. 1653 Questions— 21 March 2006. Written Answers 1654

However, with the unprecedented demand for increase interest amongst young people in demo- housing, fuelled mainly by rapid economic growth cratic participation; and if he will make a state- and demographic changes, it is clear that there ment on the matter. [10215/06] has been significant activity over this period by investors and owners of second properties. This Minister for the Environment, Heritage and is to be expected in a growing economy and can Local Government (Mr. Roche): Each year, my offer gains in terms of the supply of private Department undertakes an advertising campaign rented accommodation, tourist accommodation to coincide with the publication of the draft regis- ter of electors to encourage electors to check the or revitalisation of areas. draft and ensure that they are correctly regis- My Department is currently compiling the out- tered. Over recent years, the advertising cam- put figures for social housing for 2005 on the basis paign has included elements specifically targeted of returns from local authorities. These figures at young people. will be published in due course in the Depart- Electoral law has been amended on an ongoing ment’s Annual Housing Statistics Bulletin 2005 basis to make voting more accessible to young and on the Department’s website at www.envi- people. Under the Electoral Act 1992, students ron.ie. Based on returns to date, I expect an who live away from home while attending college increase in the overall number of units delivered have the choice of being registered at their home under social housing programmes in 2005 when address or their student residential address. The compared with 2004. Electoral Act 1997 provides that students pursu- The Government’s response to housing need ing a course of study on a full-time basis at an cannot be judged based on the percentage of new educational institution in the State, who are regis- social housings units built as a percentage of the tered at, but living away from, home and cannot overall supply. First, the growth in overall output attend their polling station, may apply for entry of housing in Ireland over the past decade has in the postal voters list. In addition, under the been unprecedented and this in itself is providing Electoral (Amendment) Act 2001, the grounds greater choice and access to housing for our for making application for entry in the sup- growing population. The year 2005 represented a plement to the register were widened to allow a further record year, with nearly 81,000 new person who reaches 18 years of age on or before homes completed. polling day to apply for entry in the supplement Second, we now have in place a broad range to the register. Previously, the cut-off point was of targeted measures to meet the needs of lower the closing date for the supplement. income groups. In addition to building new In accordance with electoral law, a person must homes, local authorities also purchase some be 18 years of age in order to vote. This is consist- second-hand homes for social housing applicants, ent with the position in most countries, including vacancies arise in the stock and a range of afford- the EU member states. While electoral law is sub- able housing schemes are also available. The rol- ject to ongoing review, there are no proposals at ling out of the rental accommodation scheme is present to reduce the voting age in Ireland. further expanding the options available. The record levels of housing output and Special Housing Needs. increased investment in social and affordable housing measures are demonstrated by the posi- 855. Mr. Penrose asked the Minister for the tive impacts of which can be seen in the 10% Environment, Heritage and Local Government decrease in waiting lists for local authority hous- the steps which are being taken by his Depart- ing over the period 2002 to 2005. ment to ensure that the appropriate procedures In December 2005, the Government launched are put in place in order to enable persons who Housing Policy Framework — Building Sus- are subject to domestic violence within their tainable Communities, which sets out its vision relationships, to escape therefrom, and in part- for housing policy over the coming years. The icular the financial help and assistance which is framework envisages a substantial increase in given to such persons to enable them secure investment involving \4 billion in Exchequer accommodation either through a local authority capital between 2006 and 2008, which will allow or a voluntary housing association; if he is satis- for some 50,000 households to be assisted over fied regarding the number of refuges available for the coming three years. We will also be imple- victims of domestic violence; if additional moneys menting a programme of reforms particularly will be provided to increase the number of such focused on improving the quality of the social refuges; and if he will make a statement on the housing environment. matter. [10252/06] Minister of State at the Department of the Register of Electors. Environment, Heritage and Local Government 854. Mr. Kehoe asked the Minister for the (Mr. N. Ahern): Capital funding is available Environment, Heritage and Local Government through my Department’s capital assistance his views on reducing the voting age to 16 in view scheme to approved voluntary housing bodies to of the decision of the Manx Parliament on the provide accommodation to meet special housing Isle of Man; the measures he has put in place to needs, such as elderly, homeless or persons with 1655 Questions— 21 March 2006. Written Answers 1656

[Mr. N. Ahern.] Legal Team Member Amount disabilities and may include accommodation for victims of domestic violence. My Department’s \ involvement with the scheme relates primarily to Helen Johnson 139,029.00 the provision of funds for individual projects. The Thomas Hannon 150,282.00 administration of the scheme, and the certifi- cation that particular projects comply with the Imelda Higgins 180,411.00 terms of the scheme, are the responsibility of the Geraldine Stack 181,863.00 appropriate local authority. Padraig Dillon 146,652.00 Persons who are victims of domestic violence Damien Keaney* 64,501.46 and are not able to afford their own accommo- Nicola Lowe* 57,062.07 dation may apply for local authority housing. It is a matter for individual local authorities to assess Michael Ramsey* 14,665.53 eligibility for local authority housing in accord- Total 23,775,638.79 ance with their scheme of letting priorities. * Resigned from tribunal legal team. Tribunals of Inquiry. Payments made to the legal team are inclusive of 856. Mr. Kelleher asked the Minister for the VAT, with withholding tax deducted at the Environment, Heritage and Local Government appropriate rate. With regard to the legal costs of the costs to date for the Tribunal of Inquiry into third parties represented before the tribunal, to Certain Planning Matters and Payments including date settlements totalling \130,997.70 have been third party costs; the costs for each legal team; agreed and paid in three cases: Mr. Hugh Owens and the costs for each member of each legal — \44,499.60; Sisters of the Sacred Heart — team. [10260/06] \49,653.60; Mr. Vivian Murray — \36,844.50. Minister for the Environment, Heritage and Local Government (Mr. Roche): At the end of Local Authority Housing. February 2006, the overall cost of the Tribunal of 857. Mr. Bruton asked the Minister for the Inquiry into Certain Planning Matters and Pay- \ Environment, Heritage and Local Government ments amounted to 47,206,948. the new income thresholds, loan limits, minimum Legal fees paid to the legal team engaged by mortgage proportion, deposits, thresholds for and the tribunal are as follows. level of subsidy towards repayments, interest rate and average monthly cost of payments in respect Legal Team Member Amount of council loans, shared ownership and affordable \ housing. [10266/06]

Senior Counsel Minister of State at the Department of the John Gallagher * 2,860,694.84 Environment, Heritage and Local Government Desmond O’Neill 3,219,015.76 (Mr. N. Ahern): The income eligibility limits for Patrick Quinn 1,924,277.66 shared ownership, affordable housing and local Patricia Dillon 2,876,300.61 authority house purchase loans are \40,000 for a Henry R Murphy 690,153.75 single income household and \100,000 for a dual Patrick Hanratty* 1,460,343.98 income household. The maximum loan which may be advanced by a local authority is \185,000 Felix McEnroy* 531,855.19 and subject to this limit, a loan of up to 95% of Junior Counsel the price of the house may be made available. A Eunice O’Raw 2,235,255.25 local authority may require payment of a deposit Annette Foley 910,712.44 of \1,270 in the case of shared ownership loan Sarah O’Connell 318,140.78 and 3% of the purchase price may be accepted as a deposit in respect of an affordable housing loan. Adele Murphy 582,660.55 The amount of rent and mortgage subsidy Fergal Doyle 385,718.83 available under the shared ownership and afford- Cathal Murphy 412,005.00 able housing schemes is set out in the following Mairead Coghlan* 1,781,717.42 table. Solicitors Susan Gilvarry 860,928.96 Household income per Mortgage/rent subsidy per annum annum Marcel Gribben 292,027.50 Donnal King 297,055.00 \\

Ma´ire Aine Howard* 974,216.21 13,000 and under 2,550 Legal Researchers (Junior Counsel) 13,001 to 15,500 2,300 Emma Dalton 228,093.00 15,501 to 18,000 2,050 1657 Questions— 21 March 2006. Written Answers 1658

Household income per Mortgage/rent subsidy per annum No. 572 of 7 March 2006. RAS is designed to annum cater for the accommodation needs of certain persons in receipt of rent supplement, normally \\ for more than 18 months and who have a long- 18,001 to 20,500 1,800 term housing need. Since persons on a back-to- 20,501 to 23,000 1,550 work allowance scheme keep their current social 23,001 to 25,500 1,300 welfare rent supplement payment on a tapered 25,501 to 28,000 1,050 withdrawal basis over a four year period, they are normally considered to be progressing towards a situation where they can meet their own needs, The current variable interest rate on local auth- including housing needs. However, if such per- ority loans is 3.25%. In addition, a mortgage pro- sons can demonstrate a long-term housing need tection charge of 0.598% is applied to loans taken they may be considered for a range of housing out on or after 1 July 1986. Typical monthly supports, including RAS. repayments today on a loan of \100,000 over 25 years would be \537. Departmental Property. Swimming Pool Safety. 861. Mr. Connaughton asked the Minister for 858. Mr. Gogarty asked the Minister for the the Environment, Heritage and Local Govern- Environment, Heritage and Local Government ment the reason a person (details supplied) in the person who is responsible for safety guide- County Galway has not received payment for a ´ lines regarding the operation of private and bog sold to Duchas in late 2005; and if he will leisure centre swimming pools. [10274/06] make a statement on the matter. [10301/06] Minister for the Environment, Heritage and 859. Mr. Gogarty asked the Minister for the Local Government (Mr. Roche): I understand Environment, Heritage and Local Government if that an offer to purchase will issue from my legislation exists requiring safety guidelines to be Department in this case very shortly. met before the opening of a private and leisure centre swimming pool; his plans in the next six months to introduce new legislation creating or Local Authority Housing. tightening the safety guidelines required to open 862. Caoimhghı´nO´ Caola´in asked the Minister a private or leisure centre swimming pool; and if for the Environment, Heritage and Local he will make a statement on the matter. Government the reason for the delay in proceed- [10275/06] ing with the approved phase two and phase three of the remedial works scheme at Drumnaviel, Minister for the Environment, Heritage and Cootehill, County Cavan, expected to commence Local Government (Mr. Roche): I propose to on the completion of phase one which was suc- take Questions Nos. 858 and 859 together. cessfully completed in October 2005; the works Safety recommendations for swimming pools to be undertaken in both phases yet to get under were issued by my Department in 1986. At the way; when they will commence; the timeframe for request of my Department, the Irish Water Safety completion; and if he will make a statement on Association is reviewing those recommendations the matter. [10307/06] with a view to producing more modern and com- prehensive guidance. Minister of State at the Department of the Environment, Heritage and Local Government Local Authority Housing. (Mr. N. Ahern): My Department gave approval 860. Dr. Upton asked the Minister for the to Cavan County Council in December 2005 to Environment, Heritage and Local Government accept a tender for phases two and three of the the reason a person (details supplied) in Dublin refurbishment of houses at Drumnaveil, 8 on the back-to-work scheme would be ineligible Cootehill, County Cavan, under the remedial to become a tenant under RAS; the further works scheme. It is now a matter for the council reason people on back-to-work schemes are not to enter into a contract with the contractor to eligible for RAS; and if he will make a statement enable work to commence as soon as possible. on what he intends to do to eliminate this disin- centive for people contemplating participating on Local Authority Funding. RAS or taking a job and participating on the 863. Mr. Connolly asked the Minister for the back-to-work scheme from choosing the latter Environment, Heritage and Local Government option. [10278/06] the funding allocated to Monaghan County Council in 2005 for disabled persons’ grants; and Minister of State at the Department of the if he will make a statement on the matter. Environment, Heritage and Local Government [10316/06] (Mr. N. Ahern): I refer to the reply to Question 1659 Questions— 21 March 2006. Written Answers 1660

Minister of State at the Department of the for Government, has taken significant steps to Environment, Heritage and Local Government bring about the reduction of radioactive dis- (Mr. N. Ahern): The combined capital allocation charges from Sellafield as well as the ultimate notified to Monaghan County Council for the closure of the plant. This policy objective has payment of disabled persons and essential repairs been advanced through direct contact with the grants in 2005 was \1,450,000. UK, both at ministerial and official level, through action within multilateral environmental agree- 864. Mr. Connolly asked the Minister for the ments, in particular the OSPAR Convention for Environment, Heritage and Local Government the Protection of the Marine Environment of the the funding allocated to Cavan Council County North-East Atlantic, and through legal actions in 2005 for disabled persons grants; and if he will under the OSPAR convention itself as well as the make a statement on the matter. [10317/06] United Nations Convention on the Law of the Sea. Minister of State at the Department of the The adoption in 1998 of the OSPAR strategy Environment, Heritage and Local Government with regard to radioactive substances by the con- (Mr. N. Ahern): The combined capital allocation tracting parties to the OSPAR convention, which notified to Cavan County Council for the pay- include Ireland and the UK, was a recognition of ment of disabled persons and essential repairs the concerns expressed by a number of OSPAR grants in 2005 was \1,800,000. contracting parties, notably Ireland and some Nordic countries, about radioactive discharges to Nuclear Plants. the marine environment. The objective of this strategy is that by the year 2020, discharges of 865. Mr. Connolly asked the Minister for the radioactive substances to the marine environment Environment, Heritage and Local Government are reduced, by way of progressive and substan- the latest information available to his Depart- tial reductions, to levels where the additional con- ment on radioactive discharges from the Sella- centrations in the marine environment above his- field nuclear reprocessing station; if he is satisfied toric levels arising from such discharges, are close with the assurances given by BNFL and British to zero. authorities; and if he will make a statement on The first of a number of periodic evaluation the matter. [10318/06] reports on progress towards achievement of the objectives of the strategy is currently being pre- Minister for the Environment, Heritage and pared by OSPAR for consideration at the next Local Government (Mr. Roche): The Radiologi- OSPAR Commission meeting, which will take cal Protection Institute of Ireland receives data place at end of June 2006. on a quarterly basis from the UK Environment While the UK Government has stressed that it Agency on radioactive discharges from the Sella- is committed to implementing the OSPAR field plant. The figures provided show monthly strategy, Ireland will remain actively involved in discharges and cover a total of 30 different radio- the OSPAR process to ensure that the strategy is nuclides. fully implemented by all contracting parties in a The data available to the institute show that manner consistent with the aims of the strategy the level of discharges of some radionuclides has and within the 2020 timeframe. remained constant, others show an increase and others show a reduction. Significantly, there has Asbestos Remediation Programme. been a marked reduction in recent years in dis- charges of Technetium-99. Discharges of Tech- 866. Ms Cooper-Flynn asked the Minister for netium-99, which is a radionuclide with a very the Environment, Heritage and Local Govern- long half-life, have been a matter of concern not ment the grants which are available to replace an just to Ireland but also to some of the Nordic asbestos roof on a community centre. [10331/06] countries, notably Norway. Minister for the Environment, Heritage and Radioactive discharges from Sellafield are Local Government (Mr. Roche): No such grants authorised, within prescribed limits, by the UK are available from my Department. Environment Agency. The annual discharge authorisation limit in respect of Technetium-99 discharges from Sellafield was reduced in Water and Sewerage Schemes. October 2004 by the agency from 90 terabecquer- 867. Mr. Naughten asked the Minister for the els per annum to 20 terabecquerels. I understand Environment, Heritage and Local Government this will be further reduced shortly to ten terabec- the status of the application which is with his querels per annum. Department from Roscommon County Council The Irish Government regards discharges from to fund the construction of 16 sewerage schemes Sellafield into the Irish Sea as totally in the county; when these projects will be unacceptable. The Government, in accordance approved; and if he will make a statement on the with the commitment in the agreed programme matter. [10334/06] 1661 Questions— 21 March 2006. Written Answers 1662

Minister for the Environment, Heritage and Planning Issues. Local Government (Mr. Roche): The 870. Mr. Quinn asked the Minister for the Roscommon towns and villages sewerage scheme Environment, Heritage and Local Government if is approved for construction in my Department’s the provisions of the Planning Act 2000, including Water Services Investment Programme 2005-07. section 207, permitting a local authority to com- My Department is examining additional infor- pulsorily acquire land for the purpose of creating mation received from Roscommon County or maintaining a right of way have ever been Council earlier this month in relation to its design invoked; and if he will make a statement on the review report for the scheme as a whole. When matter. [10435/06] the design review report has been approved the council will be in a position to proceed with the Minister for the Environment, Heritage and preparation of contract documents. Local Government (Mr. Roche): A planning While the waste water treatment facilities will authority may create a public right of way by generally be procured under a grouped design- agreement — section 206 — or by order — build-operate arrangement, the collection systems section 207 — under the Planning and Develop- for each of the locations involved will be con- ment Act 2000. An appeal against the making of structed under traditional contracts. My Depart- an order may be made to An Bord Pleana´la, ment has requested additional information from which may confirm the order with or without the council with a view, following approval of the modifications or annul it. My Department has no design review report for the scheme as a whole, role in this process nor does it have detailed to allowing the collection systems to be advanced information on the extent to which powers of the to construction by the council without further ref- 2001 Act for creating public rights of way have erence to the Department in accordance with the been used. revised procedures I recently introduced regard- ing water schemes costing less than \5 million Private Rented Accommodation. each. 871. Mr. J. Higgins asked the Minister for the Environment, Heritage and Local Government Question No. 868 answered with Question the way in which he intends to strengthen the No. 837. ability of the Private Residential Tenancies Board to effectively enforce registration of Waste Disposal. private properties, in view of the fact that most 869. Mr. McGuinness asked the Minister for of the enforcement notices sent by the Private the Environment, Heritage and Local Govern- Residential Tenancies Board to over 250 houses ment the policy of his Department in relation to in Tallaght have effectively been ignored. the use of residential or commercial waste food [10443/06] disposers; if there is any pending legislation to ban their use; if his Department has issued guide- 874. Mr. P. Breen asked the Minister for the lines or regulations in relation to their use; and if Environment, Heritage and Local Government the reason the Residential Tenancies Act 2004 he will make a statement on the matter. provides for fines for landlords for incomplete [10421/06] and late information in cases where it is the ten- ants’ responsibility to provide such information, Minister for the Environment, Heritage and for example in the provision of PPS numbers; if Local Government (Mr. Roche): Under Article 5 the Private Residential Tenancies Board has been of Directive 1999/31/EC on the landfill of waste, instructed to operate a discretion in that regard; member states of the European Union are if he intends to amend the Act to provide for an required to prepare and oversee the implemen- appeals process in such instances where fines are tation of a national strategy on biodegradable unjustly levied; if he intends to amend the Act to waste which will set out measures to progressively provide for tenants to be fined in such instances; divert biodegradable municipal waste away from and if he will make a statement on the matter. landfill in accordance with specified targets over [10483/06] a 15 year period. In April 2004, Ireland’s first draft national 875. Mr. P. Breen asked the Minister for the strategy on biodegradable waste, which was pub- Environment, Heritage and Local Government if lished for public consultation, set out a range of he will amend the registration charges regime integrated measures designed to facilitate the under the Residential Tenancies Act 2004 in achievement of these ambitious diversion targets. order that a person with 20 apartments under one The issue of food macerators or grinders, and roof pays a \300 registration charge while a per- their use in domestic kitchens, is being looked at son with 20 houses would pay \1,400, in view of in the context of the final draft of this strategy the fact that apartments are generally in urban which will be published shortly. areas and command premier rental prices in com- 1663 Questions— 21 March 2006. Written Answers 1664

[Mr. P. Breen.] with the registration requirement, as also does the parison to houses; and if he will make a statement fact that access to the PRTB’s dispute resolution on the matter. [10484/06] service is not available to landlords of unregis- tered tenancies. Compliance generally will, I Minister of State at the Department of the expect, also be facilitated by the linkage in the Environment, Heritage and Local Government 2006 Finance Act between registration and eligi- (Mr. N. Ahern): I propose to take Questions Nos. bility for deductibility of interest. 871, 874 and 875 together. Non-compliance with the tenancy registration Local Authority Funding. requirements of the Residential Tenancies Act 2004 is a criminal offence. Enforcement of the 872. Mr. N. O’Keeffe asked the Minister for the registration provisions, including prosecution, Environment, Heritage and Local Government if where appropriate, is the statutory responsibility assistance will be given to a local authority in hav- of the Private Residential Tenancies Board. I am ing a playground (details supplied) developed in not aware that deficiencies are evident in powers County Cork, in view of the hardship being available to the board in that regard. The duties imposed; if his attention has been drawn to the of the Private Residential Tenancies Board fact that his Department made substantial fund- include that of reviewing the operation of the Act ing available to develop this facility; if the local and making recommendations to the Minister for authority is acting in a proper and fair manner in amendments, as appropriate. I will consider any this issue; if his attention has been drawn to the such recommendations as well as any relevant fact that this is a matter for his Department under suggestions from other sources that may be the many Acts of the Oireachtas that deal with received, following an adequate period of experi- both local authorities and managers; and if assist- ence of the operation of the legislation. There are ance will be given in resolving this issue in view no proposals to amend the registration fee pro- of same. [10447/06] visions in the Residential Tenancies Act. Minister for the Environment, Heritage and The composite fee referred to in the question Local Government (Mr. Roche): I understand is available to a landlord registering a number of that this matter relates to the proposed transfer tenancies within a single building within the of a site from the relevant community council into applicable time limit. In practice this concession the ownership of Cork County Council which is is available only in the immediate aftermath of being delayed due to a legal issue over site the coming into operation of Part 7 of the 2004 ownership. My Department has no function in Act or on first letting of the dwellings within a regard to this transfer which is a matter for the building. Once the first year has elapsed, the com- local authority involved. No specific grants were posite fee will not be applicable unless all of the provided by my Department in respect of the tenants of the dwellings remain permanently in development of this facility. occupation for each four-year tenancy cycle or they all leave at the one time and all the replace- ment tenancies commence within a period of less Local Authority Housing. than one month. 873. Mr. P. Breen asked the Minister for the The Residential Tenancies Act does not Environment, Heritage and Local Government impose any fines on landlords who provide the funding which will be allocated to local auth- incomplete information in their registration orities for home improvements for local authority applications but a double fee applies for late houses; when funding will be made available; the registration, that is, after the tenancy has existed amount of funding which was allocated for for more than one month, and the PRTB has no 2004/2005; and if he will make a statement on the discretion in this regard. However, I understand matter. [10457/06] that if an incomplete application is received by the PRTB within the specified time limit, it will 881. Mr. P. Breen asked the Minister for the return the form to the landlord to insert the miss- Environment, Heritage and Local Government ing data. Provided this is completed and returned the funding which will be allocated to local auth- to the board, payment of the late fee will not be orities for home improvements for local authority required in those circumstances. houses (details supplied) in County Clare; when The statutory obligations applying to tenants funding will be made available; the amount of under the Residential Tenancies Act require that funding which was allocated for 2004-2005; and if no act or omission on their part should cause he will make a statement on the matter. landlords to be in breach of their statutory [10524/06] requirements. Failure to provide the necessary registration data or to sign the registration appli- Minister of State at the Department of the cation form are grounds for the termination of Environment, Heritage and Local Government the tenancy by the landlord. The double fee (Mr. N. Ahern): I propose to take Questions Nos. encourages voluntary compliance by landlords 873 and 881 together. 1665 Questions— 21 March 2006. Written Answers 1666

Funding is available from my Department for Questions Nos. 874 and 875 answered with the refurbishment and improvement of local Question No. 871. authority houses under the remedial works scheme. The capital funding provided to local Water and Sewerage Schemes. authorities with the remedial works programmes in 2004 and 2005, which comprises Exchequer 876. Mr. Deenihan asked the Minister for the grants and local authority internal capital Environment, Heritage and Local Government receipts, is set out in the following table including the position regarding the provision of a sewerage that for Kilrush Town Council in County Clare. scheme in Milltown, County Kerry; and if he will The financial allocations for 2006 will be notified make a statement on the matter. [10503/06] to local authorities in due course. Minister for the Environment, Heritage and Local Government (Mr. Roche): Funding for a Local Authority 2004 2005 (Provisional) preliminary assessment of phase 1 of Kerry County Council’s proposals to refurbish a large City Councils \\number of village sewerage schemes has been approved in my Department’s water services Cork 814,991 991,282 investment programme 2005-07. Milltown is Dublin 12,433,815 9,228,825 included in the proposed first phase. Galway 4,975,411 5,278,123 The Department has approved Kerry County Limerick 612,725 421,448 Council’s brief for the appointment of consultants Waterford 1,791,865 6,648,413 to undertake the preliminary assessment and it is now a matter for the council to proceed with this County Councils assessment. In order to specially expedite the Cavan 902,758 688,326 Milltown scheme and at the request of the council Du´ n Laoghaire Rathdown 2,215,345 1,220,797 an earlier preliminary report and a water services Fingal 4,203,370 2,983,264 pricing policy report submitted to my Depart- ment are currently being examined and are being Galway 0 46,700 dealt with as quickly as possible. Leitrim 579,730 163,661 Limerick 0 520,715 Private Rented Accommodation. Mayo 0 1,263,000 877. Mr. Carey asked the Minister for the Sligo 44,221 0 Environment, Heritage and Local Government South Dublin 5,112,932 4,078,604 the controls which exist to compel private land- North Tipperary 24,278 0 lords to maintain their properties to an accept- Westmeath 0 218,140 able standard; the penalties which apply for Wicklow 766,900 340,242 allowing private property to deteriorate; and if he will make a statement on the matter. [10515/06] Borough Councils Drogheda 2,070,000 777,000 Minister of State at the Department of the Kilkenny 127,360 947,304 Environment, Heritage and Local Government Sligo 1,734,419 878,832 (Mr. N. Ahern): The minimum standards apply- ing to rented accommodation are contained in the Town Councils Housing (Standards for Rented Houses) Regu- Bray 0 231,933 lations 1993 made under the Housing Carrick-on-Suir 0 1,056,000 (Miscellaneous Provisions) Act 1992. Enforce- Cavan 29,119 217,965 ment of the regulations is a function of local auth- Dundalk 0 41,305 orities, which have powers under the 1992 Act to Kilrush 0 104,843 enter and inspect at all reasonable times a house to which the regulations apply. Where an auth- Monaghan 162,708 1,279,694 ority finds an incidence of non-compliance with a Nenagh 287,318 22,374 provision of the regulations it serves a notice on Tralee 327,021 0 the landlord requiring specified works to be Youghal 100,000 23,378 undertaken. Contravention of the regulations constitutes an offence and such offences are pros- ecuted by the local authorities. The penalties Ennis Town Council have submitted proposals to applying to convictions were increased in 2004 to my Department for improvement works to a a fine of up to \3,000 or imprisonment for a term number of houses in their stock. These are cur- of up to 6 months or both. The penalty applying rently under examination and further discussions to conviction for a continuing offence was will be held with the council before finalising increased to \250 per day at that time. this matter. 1667 Questions— 21 March 2006. Written Answers 1668

Waste Disposal. non-domestic users including schools to conserve their use of water. 878. Mr. Carey asked the Minister for the Interdepartmental discussions have not been Environment, Heritage and Local Government taking place on this matter. the action which can be taken by neighbours who live beside a house where the owner has allowed rubbish to accumulate while waiting to apply for Road Safety. planning permission to build another house on 880. Mr. Kehoe asked the Minister for the part of the garden; and if he will make a state- Environment, Heritage and Local Government if ment on the matter. [10516/06] his Department will make available a special fund or budget for school road safety for the provision Minister for the Environment, Heritage and of road markings, barriers, set down areas, flash- Local Government (Mr. Roche): The Waste ing lights, adult wardens, traffic calming, ramps Management Acts 1996 to 2005 place a general and so on in front of all schools for the safety of duty of care on any holder of waste not to hold, children especially in primary schools; and if he transport, recover or dispose of waste in a man- will make a statement on the matter. [10522/06] ner that causes or is likely to cause environmental pollution. Under section 59 of the Waste Manage- Minister for the Environment, Heritage and ment Act 1996, each local authority is responsible Local Government (Mr. Roche): Improvements for the supervising, and enforcing the relevant to non-national roads, including the provision of provisions of the Acts in relation to the holding, traffic calming and other measures on such roads recovery, and disposal of waste within its func- near schools, are matters for the relevant local tional area. Local authorities have specific powers authority to be funded from its own resources under the Acts to require measures to be taken supplemented by grants from my Department. to prevent or limit environmental pollution The low-cost safety improvement works caused by the holding or disposal of waste, and scheme of grants for non-national roads was to mitigate or remedy the effects on the envir- introduced by my Department in 2000 as an onment of any such activity. extension of the scheme operated on national roads under the auspices of the National Roads Authority, NRA. The NRA assesses applications Water and Sewerage Schemes. for grant assistance under the non-national roads 879. Ms Hoctor asked the Minister for the scheme on behalf of the Department. The criteria Environment, Heritage and Local Government for grant approval are based on accident data, his plans to enter into discussions with the inspection of sites, locations showing demon- Department of Education and Science regarding strable hazard and discussions between the local the new charges which will be levied on schools authority and the NRA. Applications were for water consumption, which will replace the invited from local authorities in 2005 for con- existing flat-rate charges that schools have cus- sideration for grant assistance in 2006 under this tomarily paid in relation to the national policy of scheme. In 2006, the Department has allocated installing water meters in all non-domestic build- over \3.5 million to local authorities in respect of ings. [10521/06] low-cost safety improvement works on non- national roads. Minister for the Environment, Heritage and Local authorities may also use discretionary Local Government (Mr. Roche): The national improvement and block grants, which are allo- water services pricing policy framework requires cated to county councils and urban authorities local authorities to recover the cost of providing respectively, to fund such works. In 2006, dis- water services from the users of these services, cretionary improvement and block grant allo- \ with the exception of householders. The policy cations to local authorities total almost 40 mil- framework, which provides among other things lion. The prioritisation of works to be funded for the metering of the non-domestic sector, was from these grants is a matter for each local agreed by Government in 1998. authority. It is a requirement of water pricing policy that The appointment of school wardens is a matter the cost of providing water services to the non- for local authorities under the Road Traffic Acts domestic sector should be fully recovered by local 1961 to 2004. authorities by means of a meter based volumetric Question No. 881 answered with Question charge. While current arrangements for schools No. 873. may, in common with many other non-domestic users, be based on fixed water services charges local authorities are moving towards the metering Private Rented Accommodation. of all non-domestic water use. This will provide a 882. Ms Shortall asked the Minister for the transparent and equitable cost recovery mechan- Environment, Heritage and Local Government if ism for water services which should incentivise all a local authority is liable for any part of the main- 1669 Questions— 21 March 2006. Written Answers 1670 tenance charge fee for apartments when it holds provided by returning officers to my Department an interest in the property through the shared indicates that the total annual storage cost for the ownership scheme; and if he will make a state- electronic voting machines and ancillary equip- ment on the matter. [10525/06] ment is some \696,000. The following table sets out annual storage costs for each of the 25 Minister of State at the Department of the locations. Environment, Heritage and Local Government The timing of the further use of the system is (Mr. N. Ahern): The objective of the shared dependent on the progress made with the work ownership scheme is to enhance affordability by being undertaken by my Department and by the allowing eligible applicants to purchase at least Commission on Electronic Voting in relation to 40% of the value of the dwelling and to rent the it, the associated decisions arising in this regard, remaining share from the local authority. In and the dates at which future polls may be held. effect, the scheme offers home ownership in a number of steps to purchasers who cannot afford Constituency Annual Storage Costs full outright ownership in the traditional way. (incl. VAT) The statutory provisions underpinning the \ scheme provide, inter alia, that responsibility for management and control of a house leased by Carlow-Kilkenny 29,595.00 way of shared ownership shall not lie with the Cavan-Monaghan 25,828.00 housing authority. Accordingly, owners of apart- Clare 3,600.00 ments bought by way of shared ownership, in Cork City 42,499.50 multi-unit structures to which management com- Cork County 37,609.30 pany arrangements apply would, in common with Donegal 15,714.00 the other owners of units, have to hold member- ship of the management company and pay the Dublin City 72,350.00 appropriate charges including, agreed mainten- Dublin County 62,938.66 ance charges. Galway 5,253.00 Kerry 26,125.00 Local Authority Housing. Kildare 27,125.86 883. Mr. Kehoe asked the Minister for the Laois-Offaly 28,178.00 Environment, Heritage and Local Government if Limerick 57,675.86 funding has been granted to Wexford County Longford 15,095.16 Council to build four council dwellings (details Roscommon 10,374.98 supplied); and if he will make a statement on the Louth 298.00 matter. [10526/06] Mayo 34,930.00 Minister of State at the Department of the Meath 20,366.00 Environment, Heritage and Local Government Sligo — (Mr. N. Ahern): Wexford County Council sub- Leitrim 3,000.00 mitted proposals to my Department in mid-2005 Tipperary (N&S) 42,700.00 to construct four houses in the scheme in ques- Waterford 52,888.48 tion. It was considered that a more efficient use Westmeath 22,805.34 could be made of the available site and following Wexford 16,876.00 discussions with the Department the council has Wicklow 42,455.80 agreed to revise its proposals and now intends to construct six houses on the site. The Department Total 696,281.94 will determine funding for the scheme following the submission of revised plans and costings which are awaited from the council. Road Safety. Electoral Management System. 885. Mr. Kehoe asked the Minister for the Environment, Heritage and Local Government 884. Mr. Kehoe asked the Minister for the the number of adult school wardens who are Environment, Heritage and Local Government employed in each county; if the county councils the cost to date for the storage of the electronic are prohibited from recruiting additional adult voting machines in each county; his plans for school wardens unless they drop a job somewhere these machines; if he expects that they will be else from the council; and if he will make a state- used in future elections; and if he will make a ment on the matter. [10528/06] statement on the matter. [10527/06] Minister for the Environment, Heritage and Minister for the Environment, Heritage and Local Government (Mr. Roche): The number of Local Government (Mr. Roche): Information school wardens employed in each county and city, 1671 Questions— 21 March 2006. Written Answers 1672

[Mr. Roche.] Minister of State at the Department of the as returned to my Department in the 2004 annual Environment, Heritage and Local Government staffing returns, is set out in the following table. (Mr. B. O’Keeffe): The tender process for the As regards the recruitment of school wardens, new fire station at Westport has not yet been this is a matter for each county and city manager, completed. who is responsible for the staffing and organis- ational arrangements necessary for carrying out Social and Affordable Housing. the functions of the local authority for which he 887. Mr. Perry asked the Minister for the or she is responsible. Environment, Heritage and Local Government if Sligo County Council will be allowed to give a County Number of School Wardens derogation to enable them to include the Carlow 16 additional land of 1.5 acres outlined in correspon- dence (details supplied) as distinct to the devel- Cavan 0 oper giving monetary payment to fulfil the social Clare 10 obligation of part five of the Planning and Cork 46 Development Act 2000; and if he will make a Donegal 13 statement on the matter. [10653/06] Du´ n Laoghaire Rathdown 88 Fingal 89 Minister of State at the Department of the Galway 2 Environment, Heritage and Local Government (Mr. N. Ahern): There is no provision in the Plan- Kerry 18 ning and Development Acts 2000-04 for the Mini- Kildare 28 ster to grant derogations in respect of Part V Kilkenny 3 agreements. Accordingly, it would be a matter for Laois 8 the developer in question and the relevant local Leitrim 0 authority to reach agreement on the Part V con- Limerick 14 tribution appropriate in this particular instance Longford 8 having regard to the various options available. Louth 30 Litter Pollution. Mayo 0 Meath 15 888. Mr. Carey asked the Minister for the Monaghan 3 Environment, Heritage and Local Government North Tipperary 1 the minimum and maximum penalty for offences under the Litter Acts; if his Department has given Offaly 0 consideration to increasing these penalties as a Roscommon 0 deterrent or imposing community service on Sligo 11 them to pick up litter in their local area; and if he South Dublin 100 will make a statement on the matter. [10654/06] South Tipperary 7 Waterford 4 Minister for the Environment, Heritage and Westmeath 8 Local Government (Mr. Roche): The Protection of the Environment Act 2003 made provision for Wexford 6 conviction on indictment for litter offences with Wicklow 22 a maximum fine of \130,000, and a maximum fine Cork City 41 per day of \10,000 for continuing offences. The Dublin 171 Litter Pollution Acts 1997-03 do not provide for Galway 17 minimum penalties as such and the courts have Limerick 40 discretion in this regard. The on-the-spot-fine for Waterford 8 alleged offences under the Litter Pollution Acts was set at \125 from 1 January 2002. I am satisfied that the penalties and enforce- ment powers under existing litter legislation are Fire Stations. adequate and appropriate, and there are no pro- 886. Mr. Ring asked the Minister for the Envir- posals to change the law along the lines men- onment, Heritage and Local Government the tioned in the question. position in relation to a project (details supplied) in County Mayo; the reason for the delay in this National Heritage Areas. matter; the reason a contractor has not been 889. Mr. Lowry asked the Minister for the appointed; when the contractor will be appointed; Environment, Heritage and Local Government if and if he will make a statement on the matter. an area (details supplied) in County Tipperary is [10599/06] 1673 Questions— 21 March 2006. Written Answers 1674 under consideration for classification as a special regulations give legal effect to the action prog- area of conservation; the progress since 1997 in ramme and provide for compliance by Ireland classifying the area as a special area of conser- with the terms of the judgment of the European vation; and if he will make a statement on the Court of Justice delivered in March 2004 which matter. [10655/06] held that Ireland was non-compliant with the nitrates directive. The action programme and Minister for the Environment, Heritage and regulations were prepared jointly by my Depart- Local Government (Mr. Roche): I understand the ment and the Department of Agriculture and site in question, Commons of Carney, is a shal- Food, in consultation with Teagasc, and involved low, winter flooded basin in an undulating lime- an extensive consultation process with farming stone topography supporting a typical Schoenus organisations and other interested parties. The fen vegetation. While it is not proposed to desig- regulations generally came into effect on 1 nate the site as a special area of conservation, it February 2006 with specific provisions coming is being considered for proposal as a natural heri- into effect on a phased basis up to 2008. tage area. However, before the site can formally Part 3 of the regulations deals with nutrient be proposed further survey work will need to be management planning and is based on long- undertaken by my Department. standing Teagasc advice. Subsequent to the mak- ing of the regulations, Teagasc indicated that it Nitrates Directive. may be possible to review part of this advice in a way which could improve their effectiveness. My 890. Mr. Lowry asked the Minister for the Department secured agreement with the Euro- Environment, Heritage and Local Government if pean Commission that there was merit in he has received advice from Teagasc recom- allowing time for this advice to be elaborated mending new phosphate limits under the nitrates and, accordingly, I announced a brief de facto directive; if no advice has been received, his plans to immediately secure such advice; when he deferral of the implementation of Part 3. expects to make a decision on that advice; and if I received a copy of the Teagasc advice as he will make a statement on the matter. regards phosphorus and nitrogen limits on Friday [10656/06] 3 March 2006 and this is being considered care- fully by both Departments. However, details of 897. Mr. Deenihan asked the Minister for the key research cited by Teagasc in support of their Environment, Heritage and Local Government new advice and which were sought by my Depart- the position regarding the nitrates directive; when ment and the Department of Agriculture and compliance will begin; and if he will make a state- Food have yet to be received. In order to advance ment on the matter. [10869/06] urgent consideration of the issues involved officials from my Department, the Department of 899. Mr. Deenihan asked the Minister for the Agriculture and Food and Teagasc will meet with Environment, Heritage and Local Government representatives of the European Commission on when the derogation under the nitrates directive the matter tomorrow; the Commission has will be submitted to the Commission; the already been provided with a copy of the Teagasc expected timescale for a decision on the pro- advice of 3 March. In principle, I am open to con- posals submitted; and if he will make a statement sidering proposals for the more effective oper- on the matter. [10871/06] ation of all regulations under my control. Any new formulation in the present case will 905. Mr. O’Shea asked the Minister for the however have to respect the environmental Environment, Heritage and Local Government requirements associated with the nitrates his proposals to meet the concerns of the Irish directive and will require the agreement of the Farmers Association regarding the nitrates regu- European Commission. lations and Teagasc submission (details supplied); The Government’s approach at all stages has and if he will make a statement on the matter. been to identify efficient and least-cost solutions [11024/06] to implementing the environmental requirements of the nitrates directive. Advice and assistance is Minister for the Environment, Heritage and being made available to all farmers to facilitate Local Government (Mr. Roche): I propose to them in adapting to the new regime; this includes take Questions Nos. 890, 897, 899 and 905 new tax reliefs now being introduced together together. with improved grants schemes. Ireland’s national action programme under the Ireland is now seeking a derogation from 170 nitrates directive was formally submitted to the kg to 250 kg organic nitrogen per hectare with European Commission on 29 July 2005 and I the Commission for the benefit in particular to made the European Communities (Good Agri- 10,000 dairy farmers. This process commenced cultural Practice for the Protection of Waters) formally at the EU nitrates committee meeting Regulations 2005 on 11 December 2005. These on 12 December 2005, when an outline of 1675 Questions— 21 March 2006. Written Answers 1676

[Mr. Roche.] Environment, Heritage and Local Government if Ireland’s proposal was presented. Following he will sanction an application for funding for a detailed discussions between officials of my fire station (details supplied) in County Department, the Department of Agriculture and Tipperary; and if he will ensure that the project Food and the European Commission, a detailed is included in the 2006 programme of works; and scientific argument in support of the proposal was if he will make a statement on the matter. finalised and submitted to the Commission on 9 [10660/06] February 2006. The scientific case in support of the derogation was prepared by the Department Minister of State at the Department of the of Agriculture and Food in consultation with Environment, Heritage and Local Government Teagasc and my Department. (Mr. B. O’Keeffe): North Tipperary County The derogation proposal will need to be con- Council has submitted a proposal to my Depart- sidered at future meetings of the nitrates commit- ment for the provision of a new fire station at tee before approval can be obtained. While the Cloughjordan, County Tipperary. This proposal objective had been to secure agreement on a is under consideration in the context of the 2006 derogation by mid-2006, at present these dis- fire services capital programme, which has not yet cussions are in abeyance pending finalisation of been finalised, having regard to the existing facili- the issues arising from the latest Teagasc advice. ties, the level of activity, the proximity of other fire stations, the fire authority’s priorities and the Motor Vehicle Registration. competing demands of other fire authorities for the available funding. 891. Mr. Lowry asked the Minister for the Environment, Heritage and Local Government the number of old age pensioners registered as Local Authority Membership. passenger car vehicle owners in 2005. [10657/06] 894. Mr. Morgan asked the Minister for the Environment, Heritage and Local Government Minister for the Environment, Heritage and his views on the fact that the Local Government Local Government (Mr. Roche): The national Act 2001 requires elected members of local auth- vehicle file does not record the date of birth of orities to submit a summary of the proceedings of the registered owners of vehicles and conse- conferences attended to their respective quently the information requested is not councils. [10697/06] available. Minister for the Environment, Heritage and Planning Issues. Local Government (Mr. Roche): Section 142 of 892. Mr. Lowry asked the Minister for the the Local Government Act 2001 provides that a Environment, Heritage and Local Government decision regarding representation by members of the formal appeals process for those who wish to a local authority at a conference is a reserved appeal the outcomes of a Part 8 decision to pro- function for the local elected members alone, ceed with the development of a through-road. subject to the council being satisfied that attend- [10659/06] ance is justified by reference to the benefits likely to accrue, the general interests of its administra- Minister for the Environment, Heritage and tive area and the local community, and the total Local Government (Mr. Roche): Section 179 of cost involved. the Planning and Development Act 2000 and the The legislation requires that any member who associated Part 8 of the Planning and Develop- attends such an event should submit a summary ment Regulations Act 2001, sets out the legal of the proceedings to the next ordinary meeting requirements in relation to local authority own of the local authority. This provides a mechanism development which does not require environ- for the council to be informed of the proceedings mental impact assessment. Proposals for devel- of the conference by those members representing opments to be carried out by local authorities are them at the event. It is a matter for each local subject to review by the elected members. They authority to ensure that it complies with these can decide, by resolution, to vary or modify the requirements. Material recently supplied by city proposed development, other than as recom- and county councils to my Department indicates mended by the manager, or can decide not to pro- that most local authorities have established ceed with the development. As with all decisions reporting arrangements consistent with the made by local authorities, their decision is subject above requirement. to the supervision of the courts, in accordance with section 50 of the Act of 2000. Wildlife Protection. 895. Mr. Gregory asked the Minister for the Fire Stations. Environment, Heritage and Local Government 893. Mr. Lowry asked the Minister for the further to Parliamentary Question No. 215 of 8 1677 Questions— 21 March 2006. Written Answers 1678

March 2006, the circumstances under which a ling day — in these cases, the law provides for licence would be issued for the sale or possession completion of the necessary voting docu- of glue traps; if such licences have been issued to mentation at a Garda station (the Electoral Act date; and if so, to whom and for what purpose. 1997); full-time students registered at their home [10744/06] who are living elsewhere while attending an edu- cational institution in the State — the Electoral Minister for the Environment, Heritage and Act 1997; and certain election staff employed at Local Government (Mr. Roche): No licences the poll outside the constituency where they have been issued for the sale or possession of glue reside — the Electoral (Amendment) Act 2001. traps and my Department does not currently While electoral law is subject to ongoing envisage circumstances in which such traps would review, there are no proposals to alter the exist- be licensed for general sale and use. In a ing arrangements along the lines referred to in situation, for example, of a serious infestation of the question. poison-resistant rats or mice, the licensing of the use of such traps by professionals under strict Question No. 897 answered with Question conditions might however have to be considered No. 890. in the absence of any effective alternative means of control. Library Projects. 898. Mr. Deenihan asked the Minister for the Register of Electors. Environment, Heritage and Local Government the position regarding the provision of a new 896. Ms Burton asked the Minister for the library for Castleisland, County Kerry; and if he Environment, Heritage and Local Government will make a statement on the matter. [10870/06] the situation in relation to a professional develop- ment worker who is overseas and working with Minister for the Environment, Heritage and bodies such as the ICRC, IFRC, UN/UNV and Local Government (Mr. Roche): On 22 February so on and who is currently a professional with the 2006, my Department approved a proposal by UN in Haiti; and if they may have access to a Kerry County Council for the acceptance of a postal vote in the same line as members of the tender as regards the provision of a new branch Defence Forces (details supplied). [10745/06] library in Castleisland.

Minister for the Environment, Heritage and Question No. 899 answered with Question Local Government (Mr. Roche): In order to be No. 890. able to vote at elections and referenda in this jurisdiction, a person’s name must be entered in Local Authority Funding. the register of electors for a constituency in the 900. Mr. Hogan asked the Minister for the State in which the person ordinarily resides. Environment, Heritage and Local Government Postal voting is provided for in respect of cer- the capital allocated into each local authority tain categories of person as specified in electoral from the local government fund in respect of the law. The Electoral Act 1992 provides for postal years 2000 to 2005 inclusive; and if he will make voting by wholetime members of the Defence a statement on the matter. [10904/06] Forces, members of the Garda, and Irish diplo- mats serving abroad and their spouses. Sub- Minister for the Environment, Heritage and sequent legislation enacted by the Oireachtas has Local Government (Mr. Roche): While the local extended postal voting to other categories: elec- government fund is predominantly allocated for tors living at home who are unable to vote current, as opposed to capital, purposes the fol- because of a physical illness or a physical dis- lowing tables set out details of all funding to each ability — the Electoral (Amendment) Act 1996; local authority from the fund for the years in electors whose occupation, service or employ- question under the headings of general purpose ment make it likely that they will be unable to grants, non-national road grants and other grant vote in person at their local polling station on pol- payments.

Local Government Fund: General Purpose Allocation 2000-2005

Local Authority 2000 2001 2002 2003 2004 2005

\\\\\\

Carlow County Council 5,073,051 7,072,909 7,727,102 8,153,896 9,728,045 10,678,407 Carlow Town Council 964,238 1,117,311 1,354,267 1,418,438 1,592,826 1,704,570

Cavan County Council 8,202,195 10,921,306 11,653,182 12,442,574 15,140,507 16,804,354 1679 Questions— 21 March 2006. Written Answers 1680

[Mr. Roche.]

Local Authority 2000 2001 2002 2003 2004 2005

\\\\\\ Cavan Town Council 433,550 502,377 598,736 632,685 759,510 812,793

Clare County Council 5,890,679 9,188,706 9,524,638 10,373,404 13,119,878 14,040,299 Ennis Town Council 1,279,100 1,482,157 1,657,136 1,932,278 2,162,594 2,314,310 Kilrush Town Council 300,893 353,567 407,641 455,517 536,551 583,788

Cork City Council 24,849,038 34,849,216 36,503,870 38,064,025 45,568,050 49,139,575 Cork County Council 13,728,996 16,469,010 17,525,439 18,326,457 20,571,177 22,014,342 Fermoy Town Council 269,851 330,957 444,449 472,227 543,626 593,248 Macroom Town Council 684,105 829,499 918,659 965,405 1,090,484 1,166,987 Mallow Town Council 355,706 412,174 569,464 628,253 754,330 807,250 Kinsale Town Council 194,104 224,919 294,376 316,151 370,562 396,559 Midleton Town Council 202,878 309,517 372,429 442,018 536,650 574,299 Youghal Town Council 406,841 580,790 694,561 815,691 973,415 1,047,882 Clonakilty Town Council 256,155 336,849 364,232 388,801 451,120 509,835 Cobh Town Council 217,115 638,854 318,755 341,505 398,676 426,645 Skibbereen Town Council 471,023 259,769 854,504 898,684 1,016,500 1,098,057

Donegal County Council 16,347,934 22,471,685 24,175,834 26,159,287 32,298,892 35,733,005 Buncrana Town Council 415,849 509,298 656,785 693,056 788,491 843,807 Bundoran Town Council 294,435 341,177 433,667 461,014 531,192 568,458 Letterkenny Town Council 708,958 821,505 858,624 902,969 1,021,252 1,092,898

Dublin City Council 23,416,576 27,133,957 27,889,622 29,105,207 32,523,127 34,804,777 Du´ n Laoghaire/Rathdown County 19,182,714 22,227,970 23,006,998 24,307,548 26,968,845 28,860,836 Council Fingal County Council 14,741,849 17,082,118 18,652,158 19,498,244 21,870,507 23,404,826 South Dublin County Council 47,943,981 55,555,087 57,409,551 60,855,188 81,537,355 87,257,583

Galway City Council 15,856,622 22,431,341 23,781,079 25,037,960 29,413,192 32,589,234 Galway County Council 5,281,080 6,119,451 6,420,782 6,888,759 7,765,314 8,310,087 Ballinasloe Town Council 509,554 590,445 622,481 657,380 767,615 821,467

Kerry County Council 10,348,076 17,332,470 17,025,044 17,813,218 21,515,805 23,495,997 Killarney Town Council 707,078 819,326 1,221,266 1,329,029 1,573,427 1,683,810 Listowel Town Council 446,039 516,847 560,208 592,616 677,119 724,622 Tralee Town Council 1,732,003 2,062,265 2,482,838 2,592,152 2,894,291 3,097,339

Kildare County Council 10,828,912 14,035,283 14,689,650 15,377,236 19,507,617 21,826,897 Athy Town Council 343,460 397,985 425,786 503,912 608,994 651,718 Naas Town Council 531,215 615,546 826,340 968,554 1,152,089 1,302,039

Kilkenny County Council 8,092,386 11,764,479 12,672,851 13,424,530 16,247,569 17,857,370 Kilkenny Borough Council 1,098,517 1,272,907 1,377,642 1,442,748 1,665,800 1,782,664

Laois County Council 7,644,383 10,315,125 11,363,361 12,142,991 14,627,815 15,968,396

Leitrim County Council 6,321,922 8,741,799 9,498,936 10,220,154 11,875,969 13,042,453

Limerick City Council 5,877,023 16,289,181 16,466,828 17,607,117 20,810,886 22,470,206 Limerick County Council 12,926,371 7,012,520 7,619,444 8,170,525 9,670,037 10,348,435

Longford County Council 5,786,120 8,027,616 8,633,952 9,341,258 11,266,561 12,353,407 Longford Town Council 604,451 748,465 918,833 965,586 1,090,684 1,167,201 1681 Questions— 21 March 2006. Written Answers 1682

Local Authority 2000 2001 2002 2003 2004 2005

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Louth County Council 6,352,526 7,533,980 8,230,336 8,659,549 10,739,283 11,492,694 Drogheda Borough Council 2,206,357 2,706,366 3,454,880 3,603,075 4,025,247 4,307,637 Dundalk Town Council 3,192,931 3,699,808 3,969,794 4,138,586 4,609,045 4,932,391

Mayo County Council 14,676,188 21,189,074 22,055,535 23,909,617 29,752,341 32,398,200 Ballina Town Council 789,691 915,054 954,232 1,116,909 1,325,492 1,418,481 Castlebar Town Council 639,076 740,529 775,867 816,902 925,816 990,766 Westport Town Council 441,306 511,364 635,116 670,521 763,503 817,066

Meath County Council 12,039,175 15,492,379 16,829,404 17,792,093 21,849,991 23,796,716 Kells Town Council 212,472 261,243 322,291 374,777 435,569 466,126 Navan Town Council 292,825 339,310 404,697 430,885 497,784 532,706 Trim Town Council 315,326 365,383 403,941 430,099 496,912 531,773

Monaghan County Council 7,326,364 8,986,473 9,439,920 9,922,231 11,880,507 13,259,787 Carrickmacross Town Council 221,703 316,674 359,740 421,203 487,049 528,243 Castleblaney Town Council 224,947 260,657 285,462 341,136 418,735 448,111 Clones Town Council 293,554 340,155 367,283 445,439 454,638 495,324 Monaghan Town Council 671,530 778,136 873,712 1,025,591 1,038,651 1,111,517

North Tipperary County Council 6,464,004 9,141,939 9,398,295 9,882,844 12,287,077 13,520,069 Nenagh Town Council 365,798 423,868 489,878 578,258 682,765 730,664 Templemore Town Council 711,290 824,207 964,947 1,039,534 1,172,681 1,254,950 Thurles Town Council 10,518,401 13,642,707 14,704,002 15,392,162 17,802,907 19,269,608 Offaly County Council Birr Town Council 7,525,365 9,972,665 10,410,774 11,221,248 13,910,355 15,133,048 Tullamore Town Council 1,463,711 1,696,075 2,298,982 2,400,941 2,692,269 2,881,144

Roscommon County Council 7,829,769 11,150,706 11,716,904 12,285,580 15,073,723 16,411,968 554,047 724,676 759,666 931,327 986,146 1,055,329 Sligo County Council 266,328 308,607 396,553 439,380 507,204 542,787 Sligo Borough Council 549,148 636,325 716,680 764,348 857,562 917,724

South Tipperary County Council 10,404,998 13,553,368 14,241,933 14,970,236 18,176,993 19,789,995 Carrick-on-suir Town Council 1,750,701 2,116,879 2,269,576 2,421,693 2,817,955 3,015,648 Cashel Town Council 509,729 610,064 763,946 805,527 913,204 995,617 Clonmel Borough Council 303,388 351,550 460,020 488,421 567,942 607,786 Tipperary Town Council 421,070 500,849 590,438 624,056 711,980 761,929

Waterford City Council 9,514,168 12,308,663 13,319,771 14,792,343 17,556,648 18,899,048 Waterford County Council 4,151,614 4,810,683 5,406,076 5,722,319 7,017,618 7,509,937 Dungarvan Town Council 614,494 720,239 765,637 806,262 914,019 978,142

Westmeath County Council 8,803,388 11,777,470 12,428,512 14,294,248 16,598,009 18,091,526 Athlone Town Council 1,082,614 1,261,469 1,382,775 1,448,086 1,625,701 1,739,752

Wexford County Council 10,669,136 12,798,692 13,295,995 14,446,051 16,899,923 19,099,527 Enniscorthy Town Council 1,087,270 1,398,583 1,563,233 1,823,350 2,051,811 2,195,755 1683 Questions— 21 March 2006. Written Answers 1684

[Mr. Roche.]

Local Authority 2000 2001 2002 2003 2004 2005

\\\\\\ New Ross Town Council 574,372 677,926 907,640 965,667 1,090,773 1,167,615 Wexford Borough Council 482,463 628,973 661,857 698,331 794,340 897,727

Wicklow County Council 8,364,530 12,017,506 12,296,360 12,888,214 15,717,095 17,499,710 Arklow Town Council 846,881 1,003,276 1,112,004 1,166,484 1,313,449 1,405,594 Bray Town Council 2,771,690 3,211,695 3,301,399 3,474,089 3,872,222 4,143,877 Wicklow Town Council 565,041 906,951 1,180,573 1,257,638 1,414,524 1,515,531

Local Government Fund: Grant Payments for Non-National Roads 2000-2005

Local Authority 2000 2001 2002 2003 2004 2005 NNR NNR NNR NNR NNR NNR Payments Payments Payments Payments Payments Payments

\\\\\\

Carlow County Council 3,401,305.80 3,753,961.58 4,052,642.00 4,930,298.00 4,253,800.00 4,901,251.00 Carlow Town Council 212,046.26 217,125.21 240,000.00 240,000.00 532,000.00 546,000.00

Cavan County Council 13,513,992.51 14,716,354.48 15,726,977.00 16,089,931.00 16,269,470.00 16,665,542.00 Cavan Town Council 154,908.05 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00

Clare County Council 12,019,340.65 14,894,620.63 16,257,677.00 16,818,644.00 18,286,146.00 19,223,888.00 Ennis Town Council 435,520.16 436,789.90 487,980.00 488,000.00 532,000.00 546,000.00 Kilrush Town Council 154,908.05 152,368.57 169,000.00 169,000.00 178,000.00 183,000.00

Cork City Council 4,256,162.04 4,343,773.97 5,087,662.00 5,780,641.00 9,494,478.00 6,541,096.00 Cork County Council 27,026,632.76 33,553,981.64 34,662,077.00 37,501,246.00 35,167,165.00 37,491,923.24 Fermoy Town Council 154,908.05 217,125.21 240,000.00 240,000.00 253,000.00 180,475.00 Macroom Town Council 154,908.05 152,368.57 169,000.00 169,000.00 178,000.00 183,000.00 Mallow Town Council 212,046.26 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00 Kinsale Town Council 154,908.05 152,368.57 169,000.00 169,000.00 178,000.00 183,000.00 Midleton Town Council 154,908.05 188,481.19 240,000.00 240,000.00 253,000.00 260,000.00 Youghal Town Council 212,046.26 217,125.21 240,000.00 240,000.00 253,000.00 243,322.00 Clonakilty Town Council 154,908.05 152,368.57 169,000.00 169,000.00 178,000.00 183,000.00 Cobh Town Council 212,046.26 217,125.21 208,069.00 185,706.00 253,000.00 260,000.00 Skibbereen Town Council 154,908.05 152,368.57 169,000.00 169,000.00 178,000.00 183,000.00

Donegal County Council 21,141,447.55 23,745,841.61 26,332,257.00 19,219,973.00 29,252,663.00 29,695,990.00 Buncrana Town Council 154,908.05 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00 Bundoran Town Council 180,302.81 590,428.21 169,000.00 169,000.00 178,000.00 183,000.00 Letterkenny Town Council 212,046.26 350,447.71 415,000.00 240,000.00 510,000.00 525,000.00

Dublin City Council 6,468,045.77 8,200,656.71 11,310,088.00 6,573,983.00 7,763,336.00 6,927,940.00 Du´ n Laoghaire/Rathdown County 4,390,754.28 5,968,377.17 4,154,186.00 5,069,683.00 7,768,127.00 6,753,243.00 Council Fingal County Council 4,063,221.53 4,981,690.38 4,516,076.00 4,608,000.00 4,913,082.00 5,169,936.00 Sth Dublin County Council 4,661,381.17 3,390,264.16 5,571,832.00 5,567,740.00 4,595,401.00 4,205,111.00

Galway City Council 2,337,680.49 1,429,943.47 1,665,446.00 1,806,067.00 1,420,020.00 1,763,235.00 Galway County Council 20,176,657.39 21,413,003.90 23,080,961.00 23,141,406.00 23,365,177.00 25,245,447.00 Ballinasloe Town Council 212,046.26 217,125.21 240,000.00 240,000.00 253,000.00 255,311.00 1685 Questions— 21 March 2006. Written Answers 1686

Local Authority 2000 2001 2002 2003 2004 2005 NNR NNR NNR NNR NNR NNR Payments Payments Payments Payments Payments Payments

\\\\\\ Kerry County Council 15,354,325.49 16,426,287.90 17,734,012.00 18,368,972.00 19,569,478.00 21,892,239.00 Killarney Town Council 719,941.49 534,559.73 390,000.00 240,000.00 253,000.00 260,000.00 Listowel Town Council 535,829.47 531,031.13 232,500.00 189,000.00 178,000.00 183,000.00 Tralee Town Council 647,566.42 530,930.82 755,000.00 774,857.00 789,500.00 546,000.00

Kildare County Council 13,418,099.35 9,959,359.49 9,352,623.00 10,123,338.00 11,515,402.00 11,722,283.00 Athy Town Council 212,046.26 217,125.21 240,000.00 240,000.00 253,000.00 228,584.00 Naas Town Council 212,046.26 217,125.21 240,000.00 240,000.00 532,000.00 546,000.00

Kilkenny County Council 8,410,932.95 8,263,572.23 10,748,356.00 10,485,255.00 10,807,565.00 11,747,285.00 Kilkenny Borough Council 173,954.12 457,105.71 507,969.00 511,691.00 539,550.00 547,110.00

Laois County Council 6,042,923.50 6,637,552.00 7,911,799.00 7,832,569.00 7,690,369.00 7,716,290.00

Leitrim County Council 8,561,892.11 9,239,914.47 9,959,054.00 10,772,207.00 10,669,193.00 11,394,289.00

Limerick City Council 2,014,264.24 2,147,895.28 2,097,782.00 2,179,414.00 2,348,193.00 2,744,963.00 Limerick County Council 12,398,522.53 13,831,839.70 14,223,049.00 14,947,718.00 15,215,382.00 16,078,375.00 Longford County Council 5,839,893.65 6,363,654.26 7,082,204.00 6,730,199.00 7,307,965.00 7,534,394.00 Longford Town Council 212,046.26 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00

Louth County Council 3,175,077.83 5,143,816.88 6,213,082.00 5,291,176.00 6,691,503.00 6,138,509.00 Drogheda Borough Council 495,197.85 469,803.09 548,670.00 567,845.00 524,543.00 601,000.00 Dundalk Town Council 468,533.35 469,803.09 522,000.00 522,000.00 550,000.00 565,000.00 Mayo County Council 17,609,701.56 19,239,638.94 21,282,512.00 22,356,016.00 25,455,372.00 23,957,433.00 Ballina Town Council 212,046.26 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00 Castlebar Town Council 212,046.26 344,099.02 540,000.00 340,000.00 503,000.00 460,000.00 Westport Town Council 269,184.47 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00

Meath County Council 11,660,583.77 13,277,445.39 13,691,150.00 12,638,440.00 13,468,755.00 13,624,309.00 Kells Town Council 154,908.05 152,368.57 169,000.00 169,000.00 253,000.00 260,000.00 Navan Town Council 154,908.05 217,125.21 240,000.00 240,000.00 532,000.00 546,000.00 Trim Town Council 154,908.05 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00

Monaghan County Council 11,987,096.92 13,192,755.13 13,778,589.00 14,855,704.00 14,070,786.00 14,549,255.00 Carrickmacross Town Council 154,908.05 152,368.57 169,000.00 169,000.00 178,000.00 183,000.00 Castleblaney Town Council 154,908.05 152,368.57 169,000.00 169,000.00 178,000.00 183,000.00 Clones Town Council 154,908.05 152,368.57 167,158.00 168,818.00 176,364.00 183,000.00 Monaghan Town Council 212,046.26 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00

North Tipperary County Council 7,369,333.79 8,476,116.23 12,054,127.00 13,078,473.00 11,110,617.51 9,804,683.00 Nenagh Town Council 212,046.26 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00 Templemore Town Council 154,908.05 152,368.57 169,000.00 169,000.00 178,000.00 183,000.00 Thurles Town Council 212,046.26 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00

Offaly County Council 6,214,287.35 6,732,869.96 7,599,969.00 7,439,374.00 7,894,309.00 8,582,916.00 Birr Town Council 154,908.05 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00 Tullamore Town Council 212,046.26 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00

Roscommon County Council 11,334,271.25 12,610,069.78 12,957,430.00 13,100,999.00 13,103,545.00 13,528,087.00 1687 Questions— 21 March 2006. Written Answers 1688

[Mr. Roche.]

Local Authority 2000 2001 2002 2003 2004 2005 NNR NNR NNR NNR NNR NNR Payments Payments Payments Payments Payments Payments

\\\\\\ Sligo County Council 8,695,812.66 8,976,616.50 9,695,551.00 10,436,085.00 10,685,853.00 12,099,311.00 Sligo Borough Council 628,406.07 897,704.82 1,617,560.00 1,149,905.00 1,032,481.00 1,132,790.00

South Tipperary County Council 8,458,763.99 9,254,753.90 9,679,606.00 10,079,927.00 10,206,249.00 11,765,005.00 Carrick-on-suir Town Council 212,046.26 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00 Cashel Town Council 154,908.05 152,368.57 169,000.00 169,000.00 178,000.00 183,000.00 Clonmel Borough Council 552,336.06 690,737.51 490,212.00 503,420.00 766,150.00 961,880.00 Tipperary Town Council 154,908.05 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00

Waterford City Council 2,791,630.90 1,871,466.95 2,221,536.00 2,361,122.00 10,976,740.00 3,162,014.00 Waterford County Council 8,112,128.03 8,181,619.53 8,876,633.00 9,254,113.00 9,523,220.00 10,873,217.00 Dungarvan Town Council 212,046.26 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00

Westmeath County Council 5,442,224.38 6,013,206.55 6,856,446.00 7,292,144.00 7,209,630.00 10,974,725.00 Athlone Town Council 372,033.26 436,789.90 488,000.00 488,000.00 510,000.00 525,000.00 Wexford County Council 10,276,554.03 11,248,647.73 12,239,796.00 12,592,418.00 12,819,963.00 14,478,240.00 Enniscorthy Town Council 154,908.05 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00 New Ross Town Council 212,046.26 217,125.21 194,456.00 240,000.00 253,000.00 260,000.00 Wexford Borough Council 173,954.12 428,982.28 488,000.00 490,040.00 521,630.00 518,954.00

Wicklow County Council 7,996,216.18 8,547,951.66 8,586,284.00 8,691,432.00 8,669,816.00 10,826,511.00 Arklow Town Council 212,046.26 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00 Bray Town Council 468,533.35 469,803.09 521,961.00 521,434.00 550,000.00 565,000.00 Wicklow Town Council 212,046.26 217,125.21 240,000.00 240,000.00 253,000.00 260,000.00

Local Government Fund: Other Grant Payments to Local Authorities 2000-2005

Local Authority 2000 2001 2002 2003 200 2005 Other Grant Other Grant Other Grant Other Grant Other Grant Other Grant Payments Payments Payments Payments Payments Payments

\\\\\\

Carlow County Council 112,121.68 202,025.49 1,893,164.69 594,551.89 1,018,977.04 241,468.31

Cavan County Council 581,876.52 892,663.96 2,764,645.77 1,161,492.29 918,041.44 1,086,990.45

Clare County Council 376,256.41 738,334.92 3,067,361.30 849,442.76 835,785.52 1,324,022.34

Cork City Council 88,881.67 51,435.69 3,145,301.17 145,384.78 1,605,542.44 1,400,013.56 Cork County Council 290,317.99 341,777.94 1,642,424.78 344,466.79 657,852.64 408,010.68

Donegal County Council 1,100,867.82 1,006,113.23 2,044,065.04 374,434.67 816,198.99 336,262.67

Dublin City Council 986,713.46 492,972.25 10,003,334.98 587,727.31 6,222,658.63 3,038,347.96 Du´ n Laoghaire/Rathdown County 0.00 37,764.55 1,483,374.32 69,725.86 604,670.00 158,025.00 Council Fingal County Council 0.00 371,134.08 1,383,279.80 38,092.15 824,891.84 21,470.00 Sth Dublin County Council 1,015,790.46 272,993.69 1,281,188.38 0.00 999,698.58 160,919.98

Galway City Council 0.00 272,993.69 2,588,761.09 671,604.11 1,498,698.39 615,491.50 Galway County Council 1,422,424.08 1,257,901.58 7,656,637.49 1,824,564.11 2,013,726.48 1,893,263.19 1689 Questions— 21 March 2006. Written Answers 1690

Local Authority 2000 2001 2002 2003 200 2005 Other Grant Other Grant Other Grant Other Grant Other Grant Other Grant Payments Payments Payments Payments Payments Payments

\\\\\\

Kerry County Council 493,986.52 192,455.47 2,303,158.20 396,695.72 791,461.83 374,608.98 Killarney Town Council 0.00 304,737.14 0.00 0.00 0.00 0.00 Tralee Town Council 0.00 0.00 92,640.00 38,680.00 92,640.00 0.00

Kildare County Council 167,039.12 162,619.16 1,285,368.55 211,299.47 318,316.67 201,917.78 Naas Town Council 0.00 0.00 564,935.06 236,833.25 380,274.26 36,116.10

Kilkenny County Council 1,101,449.53 396,158.28 814,979.91 209,309.57 207,951.12 158,889.38 Kilkenny Borough Council 0.00 0.00 0.00 2,200.00 0.00 0.00

Laois County Council 140,994.26 482,454.76 1,071,979.68 240,082.54 473,599.75 263,205.95

Leitrim County Council 759,368.13 639,780.89 2,865,786.57 846,213.79 1,181,106.34 613,523.72

Limerick City Council 0.00 272,993.69 3,056,103.01 161,795.79 977,930.05 1,871,274.35 Limerick County Council 392,561.11 739,310.08 2,237,260.91 466,261.48 847,112.37 601,352.94

Longford County Council 125,405.68 345,797.93 632,398.63 123,218.11 276,414.88 115,158.03

Louth County Council 194,443.88 420,228.71 1,345,504.38 292,648.45 412,383.35 381,797.09

Mayo County Council 1,428,344.87 1,363,635.21 7,831,960.54 1,059,559.00 2,266,255.91 1,926,826.71

Meath County Council 563,080.02 1,672,106.65 1,428,685.25 1,283,955.17 805,839.77 229,400.92

Monaghan County Council 622,189.43 721,965.45 4,065,888.21 886,101.37 995,788.42 1,471,681.73

North Tipperary County Council 271,122.09 626,771.92 1,784,384.85 346,048.02 473,084.76 319,439.51

Offaly County Council 375,316.80 712,100.35 2,586,426.61 275,750.38 744,700.31 623,849.34

Roscommon County Council 335,535.91 281,866.62 1,902,906.14 350,558.81 558,412.96 287,616.20

Sligo County Council 641,759.91 515,744.75 1,785,697.54 463,690.62 415,635.03 360,066.41

South Tipperary County Council 66,582.53 368,871.61 1,128,411.20 170,334.67 461,595.68 390,263.14 Clonmel Borough Council 0.00 0.00 34,283.00 0.00 0.00 0.00

Waterford City Council 0.00 272,993.69 1,673,970.53 133,486.91 1,195,934.26 157,989.65 Waterford County Council 85,048.33 372,424.34 938,054.21 247,839.86 313,381.63 80,236.86

Westmeath County Council 115,489.03 1,304,033.70 2,075,225.25 178,933.87 1,069,329.98 650,101.87 Athlone Town Council 0.00 0.00 236,433.94 0.00 99,826.00 0.00

Wexford County Council 102,735.78 161,294.83 3,671,170.06 803,438.75 1,526,863.17 1,320,098.38

Wicklow County Council 205,952.79 397,428.02 2,597,427.35 221,990.56 1,681,346.49 696,476.89 Bray Town Council 0.00 0.00 380,000.00 0.00 380,000.00 0.00 1691 Questions— 21 March 2006. Written Answers 1692

Fire Regulations. Building Controls. 903. Mr. P. McGrath asked the Minister for the 901. Mr. F. McGrath asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government if further to the recent media coverage of the Star- he accepts the recommendations of the Compe- dust tragedy, the legislation and regulations that tition Authority in relation to architects and the govern the audience numbers, types of furniture need for an independent body to be set up in the and exit door requirements for indoor concerts in Building Control Bill and that same be licensed premises. [10978/06] implemented in the legislation. [10908/06] 904. Mr. P. McGrath asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Roche): The Building further to the recent media coverage of the Star- Control Bill 2005 assigns a limited role only to dust tragedy, the agency which has responsibility the registration body, RIAI. First, the basic regis- for enforcing fire safety regulations for licensed tration eligibility criteria are specified in the Bill premises that hold indoor concerts and disco- and will not be determined by the registration theques; if there can be limits put on numbers body. Second, key decisions on admission of indi- attending such events; and if there are require- vidual applicants to the register of architects will ments for interlocking seating to be used at such not be made by the registration body, but by an venues. [10979/06] admission board and technical assessment board. There will also be the safeguard of the right of Minister for the Environment, Heritage and appeal against refusal of registration to an Local Government (Mr. Roche): I propose to appeals board and, ultimately to the High Court. take Questions Nos. 903 and 904 together. Finally, the Bill provides that a majority of the The operation of fire services and fire safety in members of the various boards will be lay per- Ireland is governed by the Fire Services Acts 1981 sons, non-architects, under the chairmanship of a and 2003 and by regulations made under those retired judge or a lawyer. Acts. The legislation applies to all buildings Having regard to the above, it is not proposed except single domestic dwellings. The fire services to accept the suggestions of the Competition legislation places a duty of care on persons in Authority amending the provisions of the Build- control of premises to take all reasonable ing Control Bill 2005 in relation to registration measures to guard against the outbreak of fire on arrangements. However, the authority has pro- the premises and to ensure as far as reasonably posed a number of other detailed amendments of practicable the safety of persons on the premises the Bill which I will take into account on Commit- in the event of an outbreak of fire. tee Stage. In addition, the legislation places a duty on every person on the premises to conduct himself Private Rented Accommodation. or herself in such a way as to ensure that as far as is reasonably practicable any person on the 902. Mr. Morgan asked the Minister for the premises is not exposed to danger from fire as a Environment, Heritage and Local Government if consequence of any act or omission by him or her. he has received regular reports from the Private My Department has produced a number of fire Residential Tenancies Board on registration of safety guidance documents to assist owners and landlords, as he indicated to Da´il E´ ireann that occupiers of premises in meeting their statutory he would be receiving in reply to parliamentary responsibilities. These include the code of prac- questions in December 2004; and the contents of tice for the management of fire safety in places of the most recent report received. [10966/06] assembly, the code of practice for safety at indoor concerts and the code of practice for fire safety Minister of State at the Department of the of furnishings and fittings in places of assembly. Environment, Heritage and Local Government These codes deal, inter alia, with matters such as (Mr. N. Ahern): My Department maintains close maximum attendance numbers and types of ongoing contact with the Private Residential Ten- seating. ancies Board, PRTB, regarding progress on the Building regulations under the Building Con- implementation generally of the provisions of the trol Act, 1990 set out the requirements, including Residential Tenancies Act 2004. However, statu- fire safety requirements, to be met in the design tory responsibility for the registration of tenanc- and construction of new buildings and in carrying ies and the provision of information relating to out material alterations to existing buildings. The this and other aspects of the private rented sector regulations require that buildings be designed rests with the PRTB under the Act. Requests for and constructed in a manner that provides information relating to the PRTB’s functions may adequate means of escape in case of fire to a appropriately be directed to the board at Canal place of safety outside the building, which is cap- House, Canal Road, Ranelagh, Dublin 6. able of being safely and effectively used. Under 1693 Questions— 21 March 2006. Written Answers 1694 the Fire Safety in Places of Assembly (Ease of Water and Sewerage Schemes. Escape) Regulations 1985, the person in control 908. Mr. Stagg asked the Minister for the of a premises must ensure that all escape routes Environment, Heritage and Local Government if to a place of safety are kept unobstructed and he is in a position to approve the Upper Liffey immediately available for use; the locking of exits Valley sewerage scheme revised preliminary and blocking of escape routes from places of report and water services pricing policy report. assembly is a specific offence. [11066/06] It is a function of the District Court when con- sidering licensing applications under various Minister for the Environment, Heritage and enactments to determine maximum numbers in Local Government (Mr. Roche): I refer to the respect of premises. Under section 24 of the Fire reply to Question No. 515 of 28 February 2006. Services Act 1981, fire authorities are notice par- ties to the applications for such licences and may appear, be heard and adduce evidence in respect Housing Grants. of an application. The fire services legislation 909. Mr. Stagg asked the Minister for the gives extensive advisory, inspection and enforce- Environment, Heritage and Local Government if ment powers to the local fire authorities. Occu- the information requested in Parliamentary pant capacity issues and maximum numbers per- Question No. 247 of 2 March 2006 is available. mitted on the premises are reviewed as part of [11071/06] inspections, including during performance inspec- tions, of licensed premises undertaken by fire Minister of State at the Department of the authority inspectors under the Fire Services Acts. Environment, Heritage and Local Government An inspector may, in addition to his or her advis- (Mr. N. Ahern): As details of expenditure on dis- ory and inspection powers, serve a closure notice abled persons and essential repairs grants in 2005 with immediate effect where he or she is of the have not been received from all local authorities opinion that a premises poses a serious or the information being sought is not yet available. immediate risk to the safety of persons on or in the premises. These measures are in addition to Local Government Reform. the powers of the Garda Sı´ocha´na and other 910. Mr. Stagg asked the Minister for the public authorities under other legislative codes. Environment, Heritage and Local Government if he intends in 2006 to issue regulations under the Question No. 905 answered with Question Local Government Act 2001, to allow, by order, No. 890. the establishment of new town councils. [11074/06] Water and Sewerage Schemes. 906. Mr. Stagg asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government if Local Government (Mr. Roche): Part 17 of the he has approved the contract documents for the Local Government Act 2001 provides that quali- Lower Liffey Valley sewerage scheme. fied electors of a town having a population of at [11061/06] least 7,500 as ascertained at the last preceding census and not having a town council may make Minister for the Environment, Heritage and a proposal for the establishment of such a council. Local Government (Mr. Roche): I refer to the Under the relevant provisions of the Act, a pro- reply to Question No. 248 of 2 March 2006. posal to establish a town council, and the timing of any such proposal, is a matter for the local Local Authority Staff. community in the first instance, with a decision on such a proposal being a reserved function of 907. Mr. Stagg asked the Minister for the the relevant county council, following a public Environment, Heritage and Local Government consultation process. I am considering the steps further to Parliamentary Question No. 280 of 16 necessary to commence the relevant provisions of February 2006, the means of maintaining appro- the 2001 Act and I have initiated consultation priate contact with the Department of Fin- with local government interests in regard to the ance. [11062/06] creation of new town councils and their prospec- tive functional responsibilities under the Act. Minister for the Environment, Heritage and Local Government (Mr. Roche): My Department Motor Vehicle Registration. furnishes a quarterly staff return, including staff employed by local authorities, to the Department 911. Ms Shortall asked the Minister for the of Finance and any clarification necessary or Environment, Heritage and Local Government matters requiring discussion are addressed the number of foreign vehicles registered here in between the Departments within this process. each of the past five years. [11111/06] 1695 Questions— 21 March 2006. Written Answers 1696

Minister for the Environment, Heritage and years 2000 to 2004 inclusive is published by my Local Government (Mr. Roche): While vehicle Department as Table 19 of the annual Irish Bull- registration is a matter for the Revenue Commis- etin of Vehicle and Driver Statistics 2004 which sioners, information on the number of imported is available in the Oireachtas Library. The used vehicles licensed for the first time for the number for the year 2005 is 61,350 vehicles.