Da´Il E´Ireann

Vol. 697 Tuesday, No. 2 8 December 2009

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Tuesday, 8 December 2009.

Ceisteanna—Questions Taoiseach ………………………………… 257 Minister for Health and Children Priority Questions …………………………… 269 Other Questions …………………………… 277 Adjournment Debate Matters …………………………… 285 Leaders’ Questions ……………………………… 285 Requests to move Adjournment of Daíl under Standing Order 32 ……………… 293 Order of Business ……………………………… 294 Ministerial Rota for Parliamentary Questions: Motion ………………… 307 Overseas Missions: Motion …………………………… 307 Regional Fisheries Boards: Motion ………………………… 308 Estimates for Public Services 2009: Vote 19 — Justice, Equality and Law Reform (Supplementary) …………… 308 Vote 20 — Garda Sıóchańa (Supplementary) …………………… 308 Vote 22 — Courts Service (Supplementary) …………………… 309 Vote 27 — Department of Community, Rural and Gaeltacht Affairs (Supplementary) … … 309 Vote 30 — Communications, Energy and Natural Resources (Supplementary) … … … 309 Vote 31 — Agriculture, Fisheries and Food (Supplementary) ……………… 309 Vote 34 — Enterprise, Trade and Employment (Supplementary) …………… 309 Vote 37 — Army Pensions (Supplementary) …………………… 309 Vote 40 — Health Service Executive (Supplementary) ………………… 309 Vote 41 — Office of the Minister for Children and Youth Affairs (Supplementary) … … … 310 Communications Regulation (Premium Rate Services) Bill 2009: Instruction to Committee … … 319 Communications Regulation (Premium Rate Services) Bill 2009: Instruction to Committee (resumed) ……………………… 342 Order for Report Stage …………………………… 345 Report Stage ……………………………… 345 Adjournment Debate Hospital Accommodation…………………………… 364 Water and Sewerage Schemes ………………………… 366 Flood Relief ……………………………… 368 Malting Barley Industry …………………………… 370 Questions: Written Answers …………………………… 373 DÁIL ÉIREANN

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Dé Máirt, 8 Nollaig 2009. Tuesday, 8 December 2009.

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

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Paidir. Prayer.

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Ceisteanna — Questions.

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Standards in Public Office. 1. Deputy Enda Kenny asked the Taoiseach his plans to amend the code of conduct for officeholders; and if he will make a statement on the matter. [35239/09]

2. Deputy Eamon Gilmore asked the Taoiseach his plans to introduce amendments to the code of conduct for officeholders; and if he will make a statement on the matter. [37272/09]

3. Deputy Caoimhghín Ó Caoláin asked the Taoiseach if it is planned to amend the code of conduct for officeholders; and if he will make a statement on the matter. [44306/09]

The Taoiseach: I propose to take Questions Nos. 1 to 3, inclusive, together. The code of conduct for officeholders was drawn up by the Government pursuant to section 10(2) of the Standards in Public Office Act 2001, following consultation with the Standards in Public Office Commission, and was published in July 2003. Deputies will be aware that the Ethics in Public Office (Amendment) Bill 2007 provides for changes to the ethics framework. A review of the code will be carried out, in consultation with the Standards in Public Office Commission, after that Bill has been enacted.

Deputy Enda Kenny: The recent revelations about expenses incurred by Ministers have shocked and outraged the country. I do not think any Minister set out deliberately to do something like this, or at least I hope not. Within the understanding of their responsibilities as Ministers, and the requirements of the Ethics in Public Office Act, the Minister for the Environment, Heritage and Local Government spent \6,500 printing leaflets for delivery in his constituency, which cost a further \4,500. There are in-house printing facilities here and party membership delivers the leaflets. The Minister for Defence incurred a charge of \46,000 a couple of years ago delivering Fianna Fáil leaflets in his constituency, which the taxpayer paid for. This is just not on, as the Taoiseach knows. In view of this continuing litany of expenses and charges, with \9,000 incurred by the Tánaiste to keep a limousine waiting at a hotel 1.5 km from a meeting in Switzerland, has the Taoiseach 257 Ceisteanna — 8 December 2009. Questions

[Deputy Enda Kenny.] introduced changes that clearly require Ministers know in advance that these charges will be incurred so the taxpayer will not be continually outraged by the collation of such charges? Has he introduced a minimum standard for officeholders when they go abroad above which, if they want to stay in a higher class facility, they pay the difference? That way the public would understand that they are there to do their job on behalf of the country. We must not have a continuous litany of gross excess in terms of the expenses incurred by the taxpayer. In view of the Ethics in Public Office Act, have there been changes on the instruction of the Taoiseach?

The Taoiseach: The next set of questions deals with that issue. This question relates to whether there are any changes envisaged in the code of conduct. That code of conduct does not stand in isolation, it stands as part of a wider ethics framework established by the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001. Section 10(7) of the Standards in Public Office Act binds officeholders to have regard to and be guided by the code. The code cannot impose any new requirements that are not already set out in legislation; it mainly attempts to provide guidance at a level of detail that would be difficult to express in legislation. I am not aware that any of the issues raised by Deputy Kenny has been brought to the attention of the Standards in Public Office Commission in any way or is in breach of the code of conduct. In the new economic circumstances in which we find ourselves, all Departments and agencies are required to be mindful of the costs of conducting business in every respect, both at home and abroad. That is being done and various subsistence and travel allowances have been cut extensively and, rightly so, in present circumstances. Obviously arrangements have been put in place to deal with that. The important point to make regarding the code of conduct is that it does not stand in isolation, it is a more detailed code in respect of the statutory provisions laid down by the 1995 and 2001 Acts.

Deputy Enda Kenny: I understand the Department of Finance set out guidelines that apply in the case of Ministers who go abroad. Are those guidelines published and are they available? For example, if the Minister for Health and Children attends a conference in Italy, Spain or France, does she know in advance the arrangements made for her? Obviously Ministers are very conscious of the requirement not to be seen or perceived to be outside normal guidelines. Are those guidelines published by the Department of Finance? In respect of the Ethics in Public Office (Amendment) Bill 2007, which I raised with the Taoiseach some weeks ago, the change was to increase the value of a gift from \650 to \2,000 for Ministers and persons serving in parliamentary office. Given the changed circumstances that apply, does the Taoiseach consider a gift costing \2,000 for a Minister attending a function is excessive? Does he consider it should be reduced to a more realistic level? The Standards in Public Office Commission has been seeking an opportunity to initiate an inquiry where it considers it is of public interest. When the Taoiseach was Minister for Finance he refused that request. He made the point, I think, that it could have serious consequences for those who become the subject of an inquiry. I can understand that. Persons who know their remit obviously would be vindicated in terms of any inquiry that might arise. What is his view on it now as Taoiseach? If a request were received again from the Standards in Public Office Commission to initiate an inquiry if it considered it was in the public interest, would it receive favourable consideration? 258 Ceisteanna — 8 December 2009. Questions

The Taoiseach: These matters are dealt with in another set of questions with which we will deal later. In any event, to be of assistance I will deal with any questions that arise. In regard to the third supplementary on the issue of allowing the office to initiate an inquiry, I believe a balance has to be struck between a proper investigation where there is a potential breach of guidelines and the good reputation of Deputies, Senators or Ministers being upheld. If there is a problem, a complaint should be made. On foot of a complaint an investigation should take place. If there is a problem in the public domain that the people feel is of a serious nature, presumably a complaint would be made by an affected or third party. On that basis it would trigger an investigative mechanism. I do not believe it is necessarily right that the investigator should be able to instigate an investigation at his or her own volition, with all the impact that would have, and find at the end that there was nothing at the back of it. All the loss of reputation and distress caused to the person against whom the complaint was made would have been without foundation. A balance has to be struck. The legislation sets out that balance and that is where things stand. Processes should be initiated on foot of complaints not on foot of someone deciding he or she wants to proceed with a process because of something out in the ether or because of something someone heard or said. One should put it on paper, make a complaint, deal with it properly and let us have fairness all around. On the question of the amounts considered in the Ethics in Public Office (Amendment) Bill, the initial amount of \650 was mentioned 14 years ago. We are considering changing it for today’s values and to set it for 14 years’ hence as well. It is always a question of judgment, of deciding what should be the threshold, taking into account the situation does not remain static and to avoid having to make further amendment two or three years hence. It would need to be suitable over a longer period of time. It is a question of a judgment call because it is not an exact science. This is where the legislation currently stands as it is being considered. Departmental travel policies are based on guidelines from the Department of Finance and these are applicable to all staff. The guidelines set out the policy regarding appropriate class of air travel, standard of hotels to be used and use of own transport. The aim of the guidelines is to minimise official travel costs, achieve value for money for expenditure necessarily incurred consistent with the effective discharge of official duties. This is the basis upon which these matters are dealt with.

Deputy Eamon Gilmore: In his opening reply the Taoiseach said that codes of conduct for office-holders would be amended after the Ethics in Public Office (Amendment) Bill has been enacted. If this is the case we will have a long time to wait. This Bill has been around for a long time. The Taoiseach will recall this Bill was first announced in October 2006 by the then Tánaiste, Mr. Michael McDowell, when he announced on the steps of Government Buildings that new legislation would be introduced governing payments from private persons and gifts and the size of gifts and loans being made to office-holders. He told us the Bill would be introduced as a matter of urgency. The Bill was introduced in the Seanad and it completed its passage in the Seanad in July 2007 but we have seen neither sight nor light of it since then. On a number of occasions I have asked the Taoiseach as to its whereabouts and when it would be brought into the House.

An Ceann Comhairle: The Deputy is broadening out his question.

Deputy Eamon Gilmore: I am not broadening it, I am responding to something that was specifically referred to in the Taoiseach’s reply. He told the House that the changes in the code of conduct would be brought in after the Ethics in Public Office (Amendment) Bill is enacted. 259 Ceisteanna — 8 December 2009. Questions

[Deputy Eamon Gilmore.] I am pointing out to the Taoiseach that the enactment of the ethics Bill is a long-playing record at this stage. That Bill was passed in the Seanad in July 2007. On a number of occasions I have asked in the House for the reason it was not brought before the House and I have not received a satisfactory response. Perhaps the Taoiseach might take the opportunity today to tell us when it will be brought before the House so that we can see when these changes in the codes of conduct might be likely to be made. In this context is the Taoiseach considering any change in the code of conduct as it might apply to State agencies? There is a provision in the code of conduct that office-holders should not accept offers to meet the costs of travel or commercial accommodation from private citizens or enterprises. There is also reference to discretion where the office-holder is the official guest of another government or body but there is no explicit reference to where the Minister might be entertained by a State agency and particularly by a State agency which is under the Mini- ster’s own remit.

The Taoiseach: On the progress towards enactment of the Ethics in Public Office (Amendment) Bill, such inquiries are best directed to the Minister for Finance whose Depart- ment has responsibility for this area. The Bill has completed all Stages in the Seanad. The taking of the Bill in this House is a matter for the Whips who arrange the business of the House. The House has been dealing with legislation on finance and other issues and this has taken priority over the Bill. It is not a question of not proceeding with it but rather a question of the Whips arranging time for when they would like to take it. It obviously will be the next session at the earliest. There is no withdrawal of the legislation in that sense and, having completed All Stages in the Seanad, as Deputy Gilmore noted, it can be debated further in this House. I take the point that the Bill has been on the Order Paper for a long time and we should try to complete it. Regarding further guidelines on ministerial expenses — the issue of hospitality from State agencies, etc. — arising from the February 2009 report of the Committee of Public Accounts on the FÁS organisation, the Department of Finance issued revised foreign travel policy guidelines in 2009. These guidelines and the related amendments to the code of practice for the governance of State bodies took account of the recommendations on travel policy in the committee’s report. The Minister for Finance wrote to his colleagues, including me, asking that the same principles, as set out in the foreign travel guidelines 2009, be observed by Ministers, Ministers of State and other officeholders when travelling abroad on official business. The Department of Finance also noted the conclusion in the February report by the Commit- tee of Public Accounts that FÁS should not have paid for airline tickets, for example, for civil servants or Ministers. The general practice has been that expenses relating to representational duties by a Minister or other officeholder on behalf of a State body are paid and accounted for by the body in question. In light of the committee’s conclusions, this matter is under consideration by the Department of Finance and a final decision will be made in the context of a forthcoming second special report by the Comptroller and Auditor General on travel in the FÁS organisation and recommendations from the Committee of Public Accounts following its examination of the report.

Deputy Eamon Gilmore: I will take up the Taoiseach’s invitation to ask the leader of the majority wing of the Government about the location of the ethics Bill. In respect of the recommendations which arise from the report on FÁS, what are the practical, net implications of the recommendations and what specific changes are being made in the arrangements for travel and 260 Ceisteanna — 8 December 2009. Questions other entertainment by Ministers where this is organised by State agencies? As the Taoiseach will recall, much of the controversy surrounding this area related to travel which was organised by State agencies, including FÁS, Horse Racing Ireland and the Irish Sports Council. What are the changes being made to travel arrangements?

An Ceann Comhairle: The Deputy is anticipating the next group of questions which deal with travel.

The Taoiseach: I do not have before me the foreign travel policy guidelines 2009 which were issued by the Department of Finance. It would be best to submit a question to the Department to obtain the detail directly. The Government speaks as one on these issues.

Ministerial Travel. 4. Deputy Enda Kenny asked the Taoiseach the projected cost to his Department in 2009 for overseas ministerial travel; and if he will make a statement on the matter. [35607/09]

5. Deputy Eamon Gilmore asked the Taoiseach the estimated cost to his Department of planned travel for himself and the Ministers of State in his Department; and if he will make a statement on the matter. [37273/09]

6. Deputy Caoimhghín Ó Caoláin asked the Taoiseach the cost to his Department of ministerial travel to date in 2009; and if he will make a statement on the matter. [44307/09

The Taoiseach: I propose to take Questions Nos. 4 to 6, inclusive, together. The 2009 estimate for travel for my Department, including home and foreign travel, is \731,000. Expenditure from January to the end of November 2009 for me and officials in my private office was \148,482. In respect of Minister of State, Deputy Pat Carey, it was \15,014 and in respect of Minister of State, Deputy Dick Roche, it was \6,907. Total expenditure by my Department in the period in question in respect of foreign travel was \324,135. I anticipate that we will achieve savings in this subhead by year end.

Deputy Enda Kenny: I know the Taoiseach keeps an eye on these matters in respect of other Ministers. I note that, arising from a request under the Freedom of Information Act by a national newspaper, the Minister for the Environment, Heritage and Local Government, Deputy Gormley, left out \26,000 of his foreign travel expenses.

An Ceann Comhairle: Questions relating to Departments should be directed to the relevant Department.

Deputy Enda Kenny: I am speaking to the Taoiseach of the country. As the Ceann Comhairle knows, if a Minister requires a helicopter to fly down to Kerry or Waterford, as the case may be, authorisation normally comes from the Office of the Taoiseach. In view of all the changed circumstances, I am sure the Taoiseach is cognisant of the need for an effective value-for- money spend. On numerous occasions I listened to the Minister, Deputy Gormley, and his party colleagues referring to value for money and how expenses should be kept down. However, I have outlined a case for the Taoiseach in which the said Minister left \26,000 out of expenses incurred by his Department in a freedom of information request. He spent a further \3,000 of the Taoiseach’s money on chauffeuring between terminals at Heathrow Airport and a further \3,600 for a UK trip in a bio-fueled car. This was on top of \2,500 spent on the use of a VIP airport in the past 18 months. I do not understand why he makes a big show of travelling over 261 Ceisteanna — 8 December 2009. Questions

[Deputy Enda Kenny.] by ferry to Holyhead and then has a chauffeur driven car to get from London to Holyhead. Surely, there are car hire firms available in Holyhead if people wish to cut down on effective spend. The same applies in the case of the Minister, Deputy Eamon Ryan, and a litany of things have been published in this regard as well. I am sure the Taoiseach has issued instructions to his Ministers in Cabinet, in their interest, to be very careful in respect of doing their duty where the public purse is concerned. No one wishes to see Ministers going around in rickshaws but there must be a level above which Ministers understand they should not be. Whether this is done by people in other Departments, the Department of Finance or wherever, the Taoiseach should lay down the law for his Ministers. I am sure they are more than willing not to have such odium hanging around politics. Will the Taoiseach explain if he has issued instructions to Ministers and Ministers of State to be cognisant of this matter? Does he keep an eye on these things from his office in Government Buildings?

The Taoiseach: Yes. In the last set of questions I dealt with the fact that there are revised travel guidelines in place for the purpose of ensuring that things are done as one would expect. Not alone are facilities made available to the Government, but in certain circumstances they are made available to members of the Opposition where it is appropriate as well, and it is only right that this is the case. I do not know where the matter goes beyond that, only to say that everyone is mindful of the need to maintain public confidence. Ministers or office holders must go about their work in an appropriate way and be mindful of the expenditure that must be necessarily incurred, consistent with the effective discharge of official duties. As the Deputy will be aware, in many cases transport arrangements in these locations are not made by the Ministers themselves, but by the Department of Foreign Affairs. The Depart- ment has also been reminded of the need to recognise the circumstances in which the public purse is funding necessary expenditure in this area and it must be very mindful 3o’clock of all of this. I do not believe there is any issue between anyone in the House. This is an area of which we must be very mindful and careful and, at the same time, we must ensure that things are done appropriately and rightly.

Deputy Enda Kenny: I share the general sentiment. Recently, the world read of a \9,000 charge for a chauffeur-driven limousine to be available to the Tánaiste to travel from a hotel to the conference centre——

An Ceann Comhairle: That is a matter for the Department of Enterprise, Trade and Employment.

Deputy Enda Kenny: I wish simply to make a point arising from what the Taoiseach has said. This is in everyone’s interest. I realise the Minister may have had to receive delegations or deputations or had bilateral meetings wherever she was staying. However, her public servants would have been aware of the nature of the meetings she had to attend. From that point of view, why was it necessary to have a limousine on hire all day and for half of the following day if it was only required for a few minutes by the Minister? Surely a conventional taxi would be able to bring any Minister from an hotel to a conference centre.

An Ceann Comhairle: Deputy Kenny should submit a question to the Department of Enterprise, Trade and Employment.

262 Ceisteanna — 8 December 2009. Questions

Deputy Enda Kenny: I say that in the interests of the Taoiseach being able to demonstrate that his Ministers use the public purse effectively and get value.

Deputy Charles Flanagan: It must have been a stretch limousine.

The Taoiseach: Practices existed in the past on how those issues were handled. The question arises about their appropriateness at any time, but they are not part of the arrangements, given the current circumstances. It is not the case that Ministers make those arrangements for themselves. The arrangements are made, the Ministers go about their business and do their job. The important thing is that it is done in a way that is cost-effective and correct. I note the record of the incumbent in that Department, and any of her predecessors, in terms of her mindfulness of the need to spend taxpayers’ money carefully in those areas. The record will show that she was mindful of that. I said previously that other arrangements are no longer relevant or necessary and are not appropriate. Those changes have been made in the revised travel arrangements that are now in place.

Deputy Eamon Gilmore: The Taoiseach has said on a couple of occasions in reply both to this question and the previous question that new guidelines are now in place. Will he tell the House what are the guidelines, for example, in respect of overnight accommodation? Do the guidelines make it plain that the era of the \900 a night room is over and that accommodation has to be arranged on a more modest basis in terms of cost? In view of limousine travel, for example, do our embassies in various countries not have transport facilities attached to them and to ambassadors? Is it not possible to make arrangements in order that those transport facilities might be used appropriately to ferry around visiting Ministers who are attending appropriate events? Surely it is possible to obtain appropriate transport at a lot less cost than the \9,000 arrangement we heard about for the limousine that was on stand-by.

The Taoiseach: Those arrangements were made by the Department of Foreign Affairs. Speaking for my Department, there is a policy based on guidelines laid down by the Depart- ment of Finance that is applicable to all staff. It sets out the policy regarding appropriate class of air travel, standard of hotels to be used and use of own transport. The aims of that policy are to minimise official travel costs and achieve value for money for expenditure necessarily incurred consistent with the effective discharge of official duties. In regard to the question about procurement arrangements for sourcing hotel accommodation, the central contract with travel booking services for Government officials includes provision for making hotel reservations. That contract was awarded following a European Union-wide advertisement procurement process conducted under the lead of the Department of Finance earlier this year. Hotel bookings are centrally co-ordinated. For example, in my Department, the finance unit ensures that the travel policy and Department’s guidelines are complied with. A person has responsibility for making bookings on the basis of a decision by the Department on the options put forward by the company that has the contract on behalf of the State. Where Department officials book their own hotel accommodation they are required to adhere to the travel policy. I agree with what was said. All of those issues are being carefully considered. On the question of transport hire, again, it is the responsibility of the overseas missions of the Department of Foreign Affairs to recommend transport arrangements for visiting official delegations. More appropriate arrangements are being put in place, rightly so, on the availability of car hire. All of that is being done. Sanction by my Department’s officials is given if 263 Ceisteanna — 8 December 2009. Questions

[The Taoiseach.] they are satisfied that best value for money is to be achieved. The control and review mechanisms are in place because we have to learn from those lessons.

Deputy Leo Varadkar: I understand there is a requirement in the Cabinet handbook that Ministers who wish to bring a spouse or a partner with them on a foreign trip must consult the Taoiseach and his Department before they have permission to do so. I asked a parliamentary question about this and was advised that the number of requests to bring a spouse or a partner had declined in the past number of years. However, I was not able to get proper information on the number of occasions the Taoiseach or his Department refused permission for a Minister to bring his or her spouse or partner on a foreign trip. On how many occasions has the Taoiseach refused permission for somebody to bring his or her spouse? What criteria are used to decide whether a Minister may or may not travel with a spouse? In view of the civil partnership legislation going through the House, does the Taoiseach propose to extend the option for people to bring their spouse or partner to girlfriends, fiancees or civil partners?

The Taoiseach: There may be an assumption behind the Deputy’s questions which suggests that I receive many requests and he asked me how many I refused. I receive very few requests. I cannot——

Deputy Leo Varadkar: It is 27 so far this year.

The Taoiseach: Is that right? The Deputy is obviously keeping a closer eye on it than I am.

Deputy Leo Varadkar: Somebody must keep an eye on the Cabinet.

The Taoiseach: The guidelines are complied with in that respect. For example, there are occasions when Ministers accompany the President on foreign visits. That would be an occasion when the spouse of a Minister would be authorised to travel. It is where representational duties would require it. It is done far more sparingly than perhaps the Deputy might think.

Consultancy Reports. 7. Deputy Enda Kenny asked the Taoiseach the expert and consultancy reports that have been commissioned by him, or by the agencies under his aegis, since June 2007 to date in 2009; and if he will make a statement on the matter. [35608/09]

8. Deputy Eamon Gilmore asked the Taoiseach the number of reports commissioned from consultants since June 2007 to date in 2009; the cost in each case in respect of his Department and the agencies under the aegis of his Department; and if he will make a statement on the matter. [41723/09]

9. Deputy Caoimhghín Ó Caoláin asked the Taoiseach the cost of consultancy reports commissioned by his Department and agencies under his remit since June 2007 and to date in 2009; and if he will make a statement on the matter. [44308/09]

The Taoiseach: I propose to take Questions Nos. 7 to 9, inclusive, together. The expert and consultancy reports that have been commissioned by me and the agencies under the aegis of my Department from June 2007 to date are listed in the following tables. The tables provide details of the expert and consultancy reports commissioned by the Depart- ment of the Taoiseach and the agencies under its aegis from June 2007 to date.

264 Ceisteanna — 8 December 2009. Questions

Department of the Taoiseach

Year Name of the Report Cost \

2007 Employee Opinion Survey 18,102 2007 Operation of Regulatory Impact Analysis 108,900 2007 Quality Customer Service Survey Report 2007 16,450 2007 Annual Risk Assessment, 2008 1,400 2008 Review of the Economic Regulatory Environment 408,375 2008 Knowledge Management Report 2,269 2008 Report on virtualisation options for eCabinet System 726 2008 Survey of Civil Service Customers 69,817 2008 Annual Risk Assessment, 2009 1,400 2008 Regulatory Impact Analysis (RIA) on the Transposition of the Optional 7,200 Pensions Provisions of the Transfer of Undertakings Directive 2009 Survey of Civil Service Customers 68,186 2009 Survey of Civil Service Business Customers 23,752 2009 Case Study on the Garda Síochána Boundaries Realignment Project 46,413 2009 Staff surveys for the Organisational Review Programme 34,626

Agencies under the Department of the Taoiseach

National Economic and Social Forum (NESF)

Year Name of the Report Cost

\ 2007 5th Periodic Report on the work of the NESF 700 2009 Fifth Social Inclusion Forum 3,038 2009 Fifth Social Inclusion Forum 7,260 2009 Implementation of the Home Care Package Scheme 9,345 2009 Implementation of the Home Care Package Scheme 7,509 2009 Child Literacy and Social Inclusion: Implementation Issues 4,900 2009 Child Literacy and Social Inclusion — Implementation Issues 5,800 2009 Child Literacy and Social Inclusion — Implementation Issues 6,075 2009 Community Participation in the Delivery of Public Services Work Not invoiced yet. in progress Contracted for \12,000 plus VAT 2009 Ken McKenzie: Co Louth — Ireland’s First Age-Friendly Strategy Not invoiced yet. Work in progress Contracted for \700 per day to a yearly maximum of \20,000 plus VAT

National Centre for Partnership & Performance (NCPP)

Year Name of the Report Cost*

2007 The Innovative Workplace: A Practical Guide to Partnership and Performance 26,562 2007 Hospital of the Future Project (name of report yet to be finalised) 65,794 2008 National Workplace Surveys 511,935 *Amount incurred by the NCPP.

265 Ceisteanna — 8 December 2009. Questions

Deputy Enda Kenny: The Economist intelligence unit undertook an independent benchmarking review to assess the comparative efficiency and effectiveness of Irish economic regulators. That report was due to be published after six months and was due last September 12 months. By the end of 2008, the cost of it stood at \408,000. It was finally published in May 2009. What was the final cost of the review? On foot of that report, the Taoiseach established the annual regulatory forum in October. What are the arrangements for that forum to work? How will it be monitored and how does the Taoiseach see it producing valuable reports for Government to act on?

The Taoiseach: The cost of that review of the economic regulatory environment was \108,900. The forum was one of the recommendations of the report where, on an annual basis, it would interact with the relevant regulators to review how regulation was handled during the course of that year and any issues which arose from it.

Deputy Enda Kenny: The Minister for Foreign Affairs was very anxious that the Pope would answer queries from the Department about the Murphy report on child abuse. He was not so anxious to respond when almost \1 billion was illegally taken from elderly people in nursing homes. He said it was not his responsibility. Over the years there has been a raft of consultancy reports which have never been acted on. Turning to a slightly different question, I notice Deputy Ring has focused on \125,000 being spent on a report to count the number of frogs in the country on the eve of a frightening budget. Was this matter discussed at Cabinet or did the Minister for the Environment, Heritage and Local Government hop it on the Cabinet table and nobody saw it? How is it proposed that this consultancy report will get into every wetland field in the country to count the number of frogs? The Minister, Deputy Gormley, has said it will take two years to complete this.

Deputy Seymour Crawford: Tell him to dry up.

Deputy Enda Kenny: What is the pressing evidence that required the Minister to come to Cabinet and say that he must commission a consultancy report to count the number of frogs in the country within the next two years?

Deputy Eamon Gilmore: The number will be smaller next year.

Deputy Leo Varadkar: Perhaps the Government is looking to tax them.

Deputy Enda Kenny: When my own late father was responsible for the Office of Public Works he was asked by his opposite number, the then Deputy Lemass, how many seagulls flew over the Phoenix Park in 12 months. Does the Taoiseach consider the \125,000 cost for the report is justifiable, given that Deputies are inundated with requests for books from schools and children are being asked to bring toilet paper with them in the morning? Is this the focus of the Green Party in Government? Is the Minister hopping mad that this has been discovered?

The Taoiseach: The Deputy asked a question on the economic regulatory environment which comes under my Department. I explained that the cost was \108,900 and the recommendations of the consultancy report are being looked at and implemented. The questions relating to the habitats directive and the National Parks and Wildlife Service perhaps should have been contemplated when the Government that brought in the legislation — on the Opposition’s watch — made such obligations to deal with various biodiversity issues that arise. It is important that the origin is put on the record.

Deputy Charles Flanagan: Is the Taoiseach saying we are responsible for counting the frogs?

266 Ceisteanna — 8 December 2009. Questions

The Taoiseach: The habitats directive——

Deputy Seymour Crawford: It is no wonder we are in the state we are.

An Ceann Comhairle: The Taoiseach, without interruption.

Deputy Charles Flanagan: I have heard the Opposition blamed for many things but that is a new one.

An Ceann Comhairle: Deputy Flanagan, could we hear the Taoiseach out?

Deputy Denis Naughten: Was nothing done in the past 14 years?

The Taoiseach: The legislation that implemented the habitats directive in this country was enacted by the Deputy’s Government. He supported it.

Deputy Denis Naughten: A frog census.

Deputy James Reilly: Frogs are keeping the Minister awake at night. The budget certainly is not.

The Taoiseach: The issue of biodiversity came up and the Deputy’s party found it very important to legislate for it at the time.

Deputy Leo Varadkar: How do we know we are not counting the same frog twice?

Deputy Enda Kenny: It was very important to bring in the habitats directive but the Govern- ment of the day did not decide to spend \125,000 on a consultancy report counting the number of frogs in the country.

An Ceann Comhairle: The question should be directed to the relevant Minister.

Deputy Enda Kenny: Are we to see the spectre of the Minister, Deputy Gormley, in his sandals tramping through the wetlands of the midlands counting frogs at dawn or dusk?

An Ceann Comhairle: Deputy Kenny.

Deputy Enda Kenny: Does he know the activities at dawn and dusk of the frog population? What is the evidence that he will produce as to the value of this at the end of it all?

Deputy Denis Naughten: He could do us all a favour and check the bog holes.

An Ceann Comhairle: A question like that should be directed to the relevant Minister and not the Taoiseach.

Deputy Enda Kenny: We could be doing more than spending money on that at this time.

An Ceann Comhairle: I call Deputy Gilmore.

Deputy Enda Kenny: It is frog watch. The Minister will be frog-marching around the country.

Deputy Eamon Gilmore: I will leave the frogs for a moment. I have heard the Government accuse the Opposition of many things but whatever we may have done a long time ago, we were not going around counting frogs.

The Taoiseach: The Opposition enacted the legislation.

267 Ceisteanna — 8 December 2009. Questions

Deputy Eamon Gilmore: That is great.

The Taoiseach: The Deputy must live with it as the Opposition enacted the legislation when in Government.

Deputy Denis Naughten: Who put this out to tender? It was not the Opposition.

Deputy Eamon Gilmore: I wish to discuss this review of the economic regulatory environment, which cost \408,000.

Deputy Mary Harney: It is \108,000.

Deputy Eamon Gilmore: A reply to Deputy Burton on 6 October has a figure of \408,375.

The Taoiseach: That relates to the regulatory impact analysis.

Deputy Eamon Gilmore: It states it is a “review of the economic regulatory environment”. Is that different?

The Taoiseach: It is described to me as the operation of the regulatory impact analysis.

Deputy Eamon Gilmore: Who did that?

The Taoiseach: The Deputy’s is different. I do not have the authors of the reports.

Deputy Eamon Gilmore: What was involved in that report? The McCarthy report looked at——

The Taoiseach: It is a technical question that asked for the statistical details——

An Ceann Comhairle: The Deputy is going into detail.

Deputy Eamon Gilmore: I am asking a supplementary question arising from the original question, which concerns the costs of consultant reports. This states, “Review of Economic Regulatory Environment — \408,375”. Why did it cost that much? The wide-ranging McCarthy report cost one tenth of that. Why is the Government paying large sums for reports on the regulatory environment? What was involved?

The Taoiseach: An independent review in line with the terms of Towards 2016 of the operation of regulatory impact analysis, RIA, was commissioned to assess the effectiveness of the RIA model across Departments. The report was published in July 2008 and it is available on the better regulation website. It indicates overall that good progress has been made in the implementation of RIA across Departments, with 74 produced between 2005 and February 2008. The report also finds that supports made available to officials conducing RIAs are well regarded. RIA training has resulted in a significant increase in analytical skill sets across the Civil Service. These skills help to ensure that all impacts, including unintended ones, are assessed through the RIA process, resulting in better quality legislation. The Government agreed to implement the recommendations in the report. The guidelines were revised as a result of the recommendations. Training materials have also been updated to take account of recommendations arising from the review and an updated training course run in conjunction with the Civil Service training and development centre, CSTDC, is available to officials on an ongoing basis. The better regulation unit has also made a number of other targeted presentations to officials outlining the changes to the RIA system

268 Priority 8 December 2009. Questions resulting from the review and the unit is also working with the CSTDC to develop an on-line training solution.

Priority Questions.

————

Hospital Services. 32. Deputy James Reilly asked the Minister for Health and Children the hospitals that are cutting back on services ahead of Christmas 2009 to balance the books; the nature of those services; and if she will make a statement on the matter. [45896/09]

Minister for Health and Children (Deputy Mary Harney): Overall clinical activity in our acute hospitals is ahead of target by 3.4% and this pattern is likely to continue until the end of the year. When inpatient and day cases are combined, acute hospitals have treated 33,000 more patients to date in 2009 than during the same period in 2008. Outpatient activity is also 3% ahead of target. Hospitals must deliver their services within budget and they are working intensively to ensure that they do so in 2009. However, the HSE has indicated hospitals will meet the full level of service promised in the service plan for 2009 and, in a number of cases, that they will exceed this target. Hospitals always scale back elective work towards the end of the year, especially in December. This reflects the preference of most patients not to be in hospital during the holiday period. The traditionally quieter time for elective work also gives hospitals an opportunity for refurbishment of wards, deep-cleaning and maintenance, while not disrupting services to patients. However, emergency and acute services such as the accident and emergency department, critical care, acute surgery, acute medicine, dialysis and obstetrics remain fully operational. My priority is to ensure that all patients receive a quality service without delay. I am pleased that average waiting times published last week by the National Treatment Purchase Fund show a reduction in the average waiting time to just 2.4 months for all procedures. This contrasts with a situation where patients had to wait for between two and five years in some specialties a number of years ago. The number of acute inpatient beds open at any time will depend on varying circumstances, but the HSE has delivered on the service promised in its service plan for 2009 and average waiting times for elective procedures have fallen demonstrably. Hospitals are managing their budgets and levels of service well in this difficult economic situation.

Deputy James Reilly: I hope the Minister is safe from the frog counting exercise, as she seems to have one in her throat. The question was very straightforward; it asked for details on hospitals cutting back services ahead of Christmas to balance the books and the nature of those services. The Minister made a statement on the matter, but she did not tell us the services that will be cut or the hospitals affected. The National Treatment Purchase Fund, NTPF, figures of 2.4 months are much massaged. At present, to get on the NTPF waiting list in Tallaght, one must be waiting for a year, and to get on an orthopaedic waiting list in Tallaght, one must wait two and half years to see an orthopaedic surgeon. The Minister can massage the figures whatever way she wants but people are not fooled because they know how long they must wait for a service. Yesterday, when I was in Tallaght, I walked through the accident and emergency unit. Every corridor was full of trolleys. I know that last week in Beaumont Hospital almost 50 people

269 Priority 8 December 2009. Questions

[Deputy James Reilly.] were waiting on trolleys. If the Minister does not mind, I would like her to give us a direct answer on what hospitals and services are being affected.

Deputy Mary Harney: When Deputy Reilly was in Tallaght yesterday, I do not know whether he met the incoming chief executive officer designate, Professor Conlon. If he did, I am sure Professor Conlon made him aware of his plans, particularly, but not exclusively, with regard to orthopaedics. Tallaght Hospital has 11 orthopaedic surgeons, which is a large number by any standard for any hospital. The waiting times to see one of them are unacceptably high and I have discussed this matter with Professor Conlon. I have confidence that he will deal with the issue. I do not accept what the Deputy stated about the National Treatment Purchase Fund. It has published figures for the first time in recent years and we have verifiable and accurate figures on waiting times which show that only 477 people wait more than 12 months for a procedure. As far as I am concerned, that is 477 too many, but it has reduced and the number was 27,000 at one point. One must acknowledge that there has been major success.

Deputy James Reilly: They are massaging the figures.

Deputy Mary Harney: They are not massaging the figures. They are accurate verifiable figures and I invite the Deputy to meet representatives of the National Treatment Purchase Fund or invite representatives to come before the Oireachtas Joint Committee on Health and Chil- dren to discuss the significant progress that has been made. At a meeting with the NTPF last week, I discussed whether a person should remain on a waiting list if he or she refuses an appointment for no good reason. That happens in many instances. With regard to hospital activity, the key issue is that services are up on the service plan provision for 2009. I agree there are pressure points and major financial pressures, but we cannot give more money to any of the hospitals and they have to live within their budgets. This means hospitals must take whatever steps are necessary to live within that budget.

Deputy James Reilly: I accept that hospitals must live within their budgets but I reiterate what I stated. An employee of the Houses was told she would have to be on the waiting list at Tallaght hospital for one year before the NTPF would accept her. That is a fact. Another man, who is 53 and has a painful knee, is awaiting an orthopaedic outpatient appointment but cannot get one for two and a half years. That is another irrefutable fact. I will not go through all of the anecdotes but it is very disconcerting that the Minister——

An Leas-Cheann Comhairle: A question, Deputy.

Deputy James Reilly: The obvious question is how can the Minister tell us that patients are not being affected detrimentally when this is the reality.

Deputy Mary Harney: I invite the Deputy to read the OECD publication today which shows the significant improvements we have made in Ireland in health, life expectancy and cancer treatment. It is an independent analysis which shows that, over the past decade, life expectancy has increased faster in Ireland than in any other EU country. Some of the cases the Deputy discussed had already been brought to my attention, which is why I discussed the matter with Professor Conlon. It is not acceptable when there are 11 orthopaedic surgeons in one hospital that someone must wait two and a half years for an outpatient appointment. It is not acceptable to me, to Professor Conlon or to the board of the hospital and the matter will be dealt with.

270 Priority 8 December 2009. Questions

Hospital Services. 33. Deputy Jan O’Sullivan asked the Minister for Health and Children her views on the reported advertising of a private clinic offering oncology services in Sligo while the public cancer services in Sligo are being moved to Galway due to the size of the population in the north west; and if she will make a statement on the matter. [45808/09]

Deputy Mary Harney: The Deputy may be referring to recent media reports regarding an application before Sligo County Council to rezone land which would permit a planning application to be made in respect of a private health facility. The reports state that such a facility may provide certain medical services, including oncology. It is not clear whether the facility will ever be established but I want to make it clear that I have no intention of encouraging or supporting the provision of any services which cannot meet the required standards of safety and care. I am aware that a number of private health facilities have advertised various oncology services which they provide. I contacted hospitals in the independent sector in 2007 urging them to take steps to ensure that their breast cancer services complied with the national standards for symptomatic breast disease. I also brought the standards to the attention of private health insurance providers and the chief medical officer wrote to health insurers and the independent hospital sector again in October this year reminding them of their responsibilities in this regard. We have been preparing to work on legislative proposals for a mandatory licensing system to cover both public and private health care providers, based on explicit standards to be set by the Health Information and Quality Authority. I intend to bring these proposals to Government next year. This will ensure that all services, whether publicly or privately provided, meet the same high quality care standards for all patients. Under this national strategy for cancer control, the HSE has designated eight specialist cancer centres, each serving a minimum population of 500,000. University Hospital Galway is the designated centre for Sligo. Breast cancer diagnostic and surgical services were transferred from Sligo General Hospital to University Hospital Galway in August, but medical oncology services and outpatient radiation oncology clinics continue to be provided in Sligo. Other than non-melanoma skin cancer and a limited volume of bowel cancer cases, the vast majority of other curative cancer surgeries have never been undertaken at Sligo and are routinely referred to one of the eight designated cancer centres. Irrespective of media reports regarding the possible development of other services, I believe that the concentration of breast cancer services into eight designated specialist centres is the only way to achieve the best results for our patients. The application of national standards, and ultimately the mandatory licensing of public and private facilities, will provide the best way forward.

Deputy Jan O’Sullivan: Does the Minister think it is ironic, inadequate and possibly dangerous for private patients that private facilities are not regulated? Does the Minister know how many private facilities in Ireland provide cancer services of any type, particularly in the context of the cancer control programme and the need for critical mass, triple assessment and multidisciplinary teams? How long will it take to introduce the legislation required? The Minister mentioned next year but the private sector can do what it likes in the provision of health services without HIQA having any control whatsoever. Does the Minister believe there is an urgent need to ensure that all patients have properly regulated health services?

Deputy Mary Harney: As the Deputy is aware, patient safety is a priority for me and that is why I established the patient safety commission. All the reform taking place in acute hospitals

271 Priority 8 December 2009. Questions

[Deputy Mary Harney.] is with a view to their meeting minimum standards for licensing in 2012 and 2013. As I stated previously here and at committee meetings, if we had the legislation and pressed the green button in the morning, many of the services currently provided would not meet minimum standards and, therefore, are not licensable. This is why there is such a momentum behind the reconfiguration of acute hospital services in particular. With regard to the provision of cancer services, the Blackrock Clinic in Dublin and Barringtons Hospital in Limerick have stopped providing surgery for breast cancer. In the case of Barringtons Hospital, that was at my request. The health insurance providers are taking this matter seriously and if they honour the symptomatic breast disease standards, I do not foresee anybody being foolish enough to put their money into a private facility of the type suggested in Sligo. That is my honest opinion. I do not believe that anyone would do so. Other private facilities such as St. Vincent’s Hospital and the Mater Hospital in Dublin are co-located private facilities and have the volumes required under the symptomatic breast disease standards. The only other facility that I am aware provides breast cancer surgery is the Beacon Hospital in Dublin.

Deputy Jan O’Sullivan: Does the Minister for Health and Children have an obligation to ensure that facilities which do not comply with the basic minimum standards are not available to the public? This is specifically with regard to cancer; I accept a broader issue arises.

Deputy Mary Harney: As I stated on previous occasions, I can only do so when we have a legislative way of doing so and we cannot do that in advance of having licensing, authorisation or accreditation. Some of the misdiagnoses that have come to public attention occurred in both the public and private sectors, in services that are organised around extremely small volumes of patients and where the critical mass of specialist doctors, etc., does not exist. Discussing matters with the independent hospitals and advising insurers to follow the guidelines is the most appropriate way to ensure we meet the patient safety standards. The Deputy’s question relates to something that may never happen.

Deputy Jan O’Sullivan: It is already happening at other facilities.

Deputy Mary Harney: The question relates to Sligo and I presume it arose on foot of Fintan O’Toole’s article in respect of a meeting of Sligo County Council. It is my view that people would be extremely foolish to invest resources in a facility which could not deal with the volume of patients required to qualify for licensing and to meet the relevant standards.

34. Deputy James Reilly asked the Minister for Health and Children the number of contracts or leases that have been signed by the Health Service Executive with general practitioners in respect of primary care centres; the location of these centres; and if she will make a statement on the matter. [45897/09]

Deputy Mary Harney: The HSE sought expressions of interest in December 2007 and July 2008 for the provision of primary care centres for primary care teams. Negotiations with interested parties proceeded in respect of 163 locations. Letters of intent have issued in respect of approximately 80 of these locations. Of those 80 locations, one centre has opened in Letter- kenny, seven centres are due to open by the end of January 2010 at Kinnegad, Moate, Gorey, Waterford City, Carlow, Callan and Trim, respectively, and a further 37 are scheduled to open during 2010. These 80 locations will provide accommodation for 105 primary care teams and approximately 350 general practitioners will provide services from them.

272 Priority 8 December 2009. Questions

The terms and conditions of the leasing arrangement stipulate that the HSE will sign a lease with a landlord only when GP involvement in providing services from the primary care teams accommodated in a centre has been agreed. The HSE has indicated that negotiations may not be completed in all of the chosen locations due to planning issues, withdrawal of developers or banking or market conditions. The HSE is also continuing to develop primary care centres through its Exchequer funded capital programme, with seven such centres opened in 2009 at Irishtown, Mark’s Lane and Dundrum in Dublin, Strokestown in County Roscommon, Inis Mór and Clonbur in County Galway and Westbury in County Clare.

Deputy James Reilly: We know the Minister has a large number of plans and that some of Professor Drumm’s bonus was apparently based on having teams in place. For the most part, these teams are virtual in nature. In other words, they do not really exist. A letter of intent is just that and it has no legal status or standing. My question is very straightforward and seeks to discover the number of contracts that have been signed this year. On each occasion we inquire about this matter we are informed that there are 90 centres. Mr. Brian Gilroy of the HSE is on record as stating that there are 90 centres, some of which have two teams and some of which have tree. The fact is, however, that there are not 90 centres. I would be grateful if the Minister would indicate the number of centres in respect of which contracts were signed in the past 11 months.

Deputy Mary Harney: The significance of primary care teams has nothing to do with buildings or new facilities, even though there are many of both. These teams involve health care professionals working differently together around patients. As stated previously, I recently met a health care nurse who has reduced, by half of one working day a week, the amount of time she spends seeking to make contact with colleagues dealing with the same patients as her. By September last, 165 teams were operational. By the end of the year there will be some 210 teams in operation. The Deputy’s question relates to contracts in respect of new facilities and I informed him that negotiations with interested parties proceeded in respect of 163 locations. These negotiations are at various stages.

Deputy James Reilly: I just want to know the number in respect of which contracts have been signed. We have been negotiating for years. The primary care strategy has been in place since 2001.

Deputy Mary Harney: No, we have not been negotiating——

Deputy James Reilly: How many contracts have been signed?

An Leas-Cheann Comhairle: The Deputy should allow the Minister to answer.

Deputy James Reilly: I wish she would answer.

Deputy Mary Harney: There are some people who are not happy with the terms that have been put to them. These individuals have come to see me and they have probably also visited the Deputy. Some arrangements have not been concluded but I am not in a position to inform the Deputy with regard to the different stages at which they stand. I informed him that 80 centres will open next year and that 350 doctors will be involved in the teams located at these centres. I believe the purpose of the Deputy’s question was——

Deputy James Reilly: The purpose of my question is to elicit information on the number of contracts that have been signed.

273 Priority 8 December 2009. Questions

An Leas-Cheann Comhairle: The Deputy should not ignore the Chair. Neither should he address the House while sitting down.

Deputy James Reilly: I will ask my question again. How many contracts have been signed? I do not want to know how many we aspire to sign, nor am I interested in the difficulties we face. I merely wish to discover the number of contracts that have been signed in the past 11 months.

Deputy Mary Harney: Perhaps the Deputy does not understand the law.

Deputy James Reilly: No, I do understand it.

Deputy Mary Harney: Letters of intent have issued in respect of 80 different centres. That is a considerable number.

Deputy James Reilly: Not a contract has been signed.

Deputy Mary Harney: Many contracts have been signed.

Deputy James Reilly: Letters of intent were signed two, three or four years ago.

Deputy Mary Harney: Several contracts have been signed. I informed the Deputy that 80 centres will open next year. Is he of the view that contracts were not signed in respect of these?

Deputy James Reilly: The Minister refused to answer the question. That is fine. The answer is approximately four or five contracts were signed.

Mental Health Services. 35. Deputy Dan Neville asked the Minister for Health and Children if she is satisfied with the inpatient services for children and young adults; her views on whether it is unacceptable that 247 children were admitted to adults centres in 2008; if the dedicated 80 beds in child and adolescent units will be delivered in 2010; and if she will make a statement on the matter. [45898/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): The development of child and adolescent mental health services is a priority for me and the Govern- ment. Inpatient capacity has doubled since 2007. Two new child and adolescent units opened in 2009, at St. Vincent’s Hospital, Fairview, and St. Stephen’s Hospital, Cork. This brings total inpatient capacity to 30. Some time ago I appeared on “Prime Time” and outlined this point when asked about the Government’s policy on child and adolescent beds. I have not been invited back since to provide information on our commitment in this regard. Two 20-bed units are currently under construction at Bessboro, Cork, and Merlin Park, Galway. I am advised that these beds will be commissioned in 2010. The HSE mental health capital programme, which will be funded from the proceeds of the sales of the old psychiatric hospitals, will be also finalised shortly. This will provide for further beds in the child and adolescent mental health service, in line with the recommendations in A Vision for Change. The number currently available is 50, while A Vision for Change recommends 100. The Government is intent on selling the assets to which I refer to ensure this area will be prioritised and targeted. I recognise the undesirability of admitting children to units providing care and treatment to adults. In the absence of an alternatives, however, I must accept that such admissions are

274 Priority 8 December 2009. Questions sometimes necessary in the best interests of the child. The Mental Health Commission has issued a code of practice relating to the admission of children under the Mental Health Act 2001 which outlines the arrangements and facilities that should be put in place to ensure the protection and safety of such children. The commission recently issued an addendum to this code of practice which seeks to ensure that by 1 December 2011, no child under 18 years will be admitted to an adult psychiatric unit. I am of the view that this commitment will be honoured.

Deputy Dan Neville: I thank the Minister of State for his reply. Do I infer from his remarks that it was completely inappropriate to place 247 children in adult psychiatric units? The psychiatric profession has expressed concerns in respect of this matter for some time. I welcome the fact that the Minister of State made a commitment with regard to this matter. His predecessors in the Department made commitments in respect of four areas that were identified in A Vision for Change. One of those areas is Limerick, to which the Minister of State did not refer in his reply. The mid-west is in urgent need of facilities similar to those provided in Cork, Galway and Dublin. Will the Minister of State comment on the information emanating from Temple St. Children’s University Hospital to the effect that children as young as five years of age are attempting suicide and engaging in self-harm?

Deputy John Moloney: A fortnight ago I came before the Joint Committee on Health and Children and indicated that the Government would honour its commitment on the child and adolescent units that will contain 100 beds in all. I also indicated on that day that I would return to the committee in February with clear and decisive commitments in respect of this matter. I am not ignoring arguments to the effect that Limerick should be included in this regard. I asked the committee for its indulgence until February on this matter. The Deputy will recognise that there has been a significant increase in the number of child and adolescent beds. I accept, however, that this increase is not enough. Neither I nor the Minister for Health and Children have ever pretended that half the required number is adequate. The commitment to 100 beds remains in place. The target in this regard was set when A Vision for Change first appeared and it is now being brought forward. I cannot comment specifically on reports that children as young as five years of age have attempted suicide. The priority in the mental health area always has been the provision of early intervention. That will be proven over the next few weeks and we will return to the matter in February. The commitment was to ensure adequate child and adolescent mental health beds. I appreciate the work of Deputy Neville and the Department will have proposals in February for dealing with mental health in the best way, with the added aim of ensuring that we reduce the number of suicides, specifically those of children and adolescents.

Deputy Dan Neville: The McCarthy report recommended that \50 million be removed from mental health services. Does the Minister of State have views on this? From some of his statements, it seems that he does not accept this. Can he confirm this is correct?

Deputy John Moloney: Like Deputy Neville, I do not want to make a menu of the McCarthy report. We cannot pick and choose. I am satisfied with the commitment of the Minister, Deputy Harney, to mental health. The McCarthy report made recommendations but I prefer to see the outcome of the budget before I comment on that.

Children in Care. 36. Deputy Denis Naughten asked the Minister for Health and Children the number of separated migrant children who have disappeared from Health Service Executive accom-

275 Priority 8 December 2009. Questions

[Deputy Denis Naughten.] modation in each of the years 2007, 2008 and to date in 2009; and if she will make a statement on the matter. [45899/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): The HSE has provided the following information on the number of separated children or unac- companied minors seeking asylum who have gone missing from the care of the HSE since 2007. In 2007, 32 separated children went missing from the care of the HSE, in 2008 22 went missing, and up to October 2009 45 young people went missing from the care of the HSE. It is a matter of great concern to the Government, the HSE and the Garda Síochána that a number of separated children go missing after they enter the State. Separated children going missing from care is not a phenomenon unique to Ireland. In many cases children go missing very soon after arriving in the country. The suspicion is that many of these children may have planned this with persons unknown prior to entering the country. This may be done with the objective of reuniting with their families, who have already arrived in the State, or with the intention of relocating to other European countries where their families are located. The HSE has developed a strong working relationship with the Garda National Immigration Bureau with regard to missing children. A joint national protocol is in place between the HSE and Garda Síochána for all children who go missing from care. The protocol seeks to maximise inter-agency co-operation, to reduce the incidence of children going missing from care placements and to return missing children to safety as soon as possible. The implementation plan for the 2009 report of the Commission to Inquire into Child Abuse contains a commitment that separated children will be accommodated in mainstream care instead of hostels by December 2010. This move from hostel accommodation to residential and foster care should help to ensure that fewer children go missing. The HSE has begun the process of phasing out the hostel arrangements. Three hostels were closed recently, leaving four to be closed in 2010. The introduction of the Criminal Law (Human Trafficking) Act 2008, together with the work been undertaken by the anti-human trafficking unit in the Department of Justice, Equality and Law Reform should help to ensure that the numbers going missing are reduced significantly and that these young people are cared for in a safe and secure environment.

Deputy Denis Naughten: I thank the Minister of State for his reply. How many children have gone missing from foster care? I questioned the Minister of State on this matter last February and he said the issue had attracted a high level of concentration from the Government and that while there has been a fall-off in the number of children disappearing in 2008, he was not going to become complacent about it. If that is the case, how did we lose five children every single month for the first nine months of this year? Is it not the case that we have lost twice as many children in the first nine months of this year as the whole of last year? In February, the Minister of State told us that 24-hour care was being provided to these children. I draw attention to the report of the Ombudsman for Children, which pointed out that security guards provide care after 6 p.m. The Ombudsman for Children stated that one of the children she dealt with in the report disappeared and did not make it onto the missing children website. If that is the case, how is the Garda protocol operating when the child working directly with the Ombudsman for Children has evaporated?

Deputy Barry Andrews: It is an issue of serious concern that the figure has increased in 2009 after a very low figure in 2008. For this reason we have included it in our implementation plan

276 Other 8 December 2009. Questions arising from the Ryan report. In order to prevent this from happening we need to bring children seeking asylum into a position of equality with children in residential or foster care so that they are provided with the same services and the accommodation is properly registered and inspected. This has not been the case until now. Next year we hope to phase out the four hostels that remain providing services to children. Through that level of equality, we can ensure that children coming to the attention of State agencies are dealt with at the earliest stages. Children go missing very soon after coming to the attention of State agencies. If they are in inappropriate accommodation one can be sure that inappropriate service will be provided.

Deputy Denis Naughten: In February the Minister of State clapped himself on the back because the number had reduced last year. He took credit in the House for that fact that only 22 children had gone missing. Two in five children placed in care this year have disappeared from accommodation. Will the Minister of State take responsibility for that? Only two of the three residential centre inspection reports were made available to me. Will the third report be made available? The Minister of State referred to proper accommodation being made available. Does the Minister of State consider it acceptable that the HSE has a proposal to put new accommodation alongside existing asylum centres? These have been seen as a focal point for traffickers. Is it acceptable to locate them so close to asylum centres when this will make it easier for traffickers to access them?

Deputy Barry Andrews: I completely reject the assertion that I clapped myself on the back earlier this year.

Deputy Denis Naughten: Does the Minister of State want me to cite the quotation?

An Leas-Cheann Comhairle: The Minister of State should be allowed to reply.

Deputy Barry Andrews: I was only a Minister of State at the Department of Health and Children for half of the previous year. I fail to see how I could be credited with positive development that occurred in the previous year. The more serious issue raised by Deputy Naughten is the location of appropriate accommodation for children separated or seeking asylum. The anti-human trafficking unit in the Department of Justice, Equality and Law Reform has a working group dealing with human trafficking, with representatives from the Garda Síoch- ána, the HSE and NGOs. I have committed to ensuring that the closing of hostels is accompanied by a forum representing the HSE, the Garda Síochána and the NGOs. This process can draw on the knowledge of stakeholders and the experience of anyone who has something positive to contribute so the transition from inadequate accommodation to the fulfil- ment of the commitment to close hostels by the end of 2010 is done with the best interests of children at heart.

Deputy Denis Naughten: Will the third report be made available?

Deputy Barry Andrews: I will provide the report to Deputy Naughten.

Other Questions.

————

Health Service Staff. 37. Deputy Kathleen Lynch asked the Minister for Health and Children her plans to change

277 Other 8 December 2009. Questions

[Deputy Kathleen Lynch.] the governance of the Health Service Executive on the retirement of the Chief Executive Officer; and if she will make a statement on the matter. [45548/09]

47. Deputy Róisín Shortall asked the Minister for Health and Children the progress made in the restructuring of the Health Service Executive providing regional structures and interaction between acute services and primary, community and continuing care services; and if she will make a statement on the matter. [45559/09]

Deputy Mary Harney: I propose to answer Questions Nos. 37 and 47 together. The recruitment of a new chief executive officer is a matter for the board of the HSE, as are the internal governance structures of the organisation. However, I can confirm that certain changes are being introduced in the management structures of the HSE to enable it to better manage and deliver hospital and community services in a more integrated way and to strengthen the role of clinicians in the delivery of services. In October 2009 the chief executive officer announced that four regional directors of operations were being established. They are accountable and responsible for the delivery of all health and social care services in the existing four geographical areas. In addition, the National Hospitals Office and the primary, community and continuing care directorate were being replaced by an integrated services directorate with two national directors; one responsible for reconfiguration and the other for performance and financial management. The HSE is also in the process of appointing care leaders — one each for mental health services, disability services, children and family services and services for older people. The appointees will set out operational plans and delivery targets for their areas of responsibility and will be the key link with the Department and external stakeholders. A new national director of quality and clinical care, Dr. Barry White, has been appointed. His role is to strengthen clinical leadership, improve clinical performance and ensure care is delivered in a way that maximises quality while minimising expenditure. This will involve the development and implementation of care pathways, protocols and standards for different disease programmes, particularly chronic diseases that have a high impact on the health system. In addition, support functions such as ICT, procurement and estates have been amalgamated into a single directorate. The posts which I have mentioned are being filled from within the existing complement of staff. The aim of the new management arrangements is to deliver excellent health outcomes for the population by driving the integration of hospital and community services, ensure more efficient use of resources, ensure clear lines of management accountability and support its strategy of shifting the balance of activity towards prevention and community-based care and away from hospital-based care.

Deputy Jan O’Sullivan: On 1 January next, the HSE will have existed for five years. Everyone acknowledges that its layers of administration are top heavy. Will some posts be taken out at that level? When Professor Drumm took up his position, he brought in what has been described as a kitchen cabinet in addition to those already in the health boards. Will the Minister streamline the governance of the HSE? At the estimates meeting of the Oireachtas Joint Committee on Health and Children last week, the Minister told us she planned to reduce the numbers working in the HSE by 6,000 by removing 8,000 in some way or another and adding 2,000 for development of services. Now that the talks with the unions have broken down, does the Minister still expect to achieve that

278 Other 8 December 2009. Questions reduction and, if so, how? Will there be involuntary redundancies or has she had time to think about how she might achieve this?

Deputy Mary Harney: In response to the last question, the Minister for Finance will make announcements about public service numbers in the course of his budget speech tomorrow. If the changes in the health service suggested last week, the five over seven, 8 a.m. to 8 p.m. day, redeployment and flexibility can become the norm, as most people seem prepared to accept, they will have a major impact on the capacity to make things happen speedily——

Deputy Jan O’Sullivan: It could have been achieved if the Government had reached an agreement last week.

Deputy Mary Harney: -----particularly as we seek to integrate community and hospital services in a more orderly fashion than ever before. We want to move staff from providing the service in the hospital to providing it in the community and redeployment within a reasonable geographic radius provides that opportunity. One if not two of Professor Drumm’s advisers have already left the HSE. The contracts of employment of the remaining two will cease when Professor Drumm is no longer chief executive officer from next summer. The board is advertising this week or shortly for a replacement. The number at directorate or senior management level in the HSE will not change with the new arrangements. There is scope to take people out. There has been a significant interest in early retirement from the public sector, not least the health sector. We had a supplementary budget last week partly because of the increase in those numbers. A large proportion are from the management, administrative or support staff. With the moratorium, those who retire at that level will not be replaced apart from in exceptional circumstances so, for example, one replaces the CEO. Where there is scope for efficiencies, people will not be replaced in what is broadly called the front line services.

Deputy James Reilly: The Minister said earlier last year that she would pursue redundancies, yet when she was asked about it at the end of last year, she said it was a matter for the Minister for Finance. Today again, having told us last week that there would be redundancies, she has put it back into the lap of the Minister for Finance. Who will take responsibility for the HSE? What has changed that makes the Minister believe she can achieve redundancies? In the past she has said that the unions were not co-operating and that there was very little uptake. Will the new posts result in increased salaries or will they be the same or lower, given that everybody else is taking a cut?

Deputy Mary Harney: The Minister for Finance is responsible for the public service. That is factually correct. Of course we can reduce numbers within the HSE and I have said before, including last week, that the intention is to reduce the number by 8,000 but recruit back 2,000, making a net reduction of 6,000. We want to recruit consultants, specialist nurses and health care therapists and other specialists that we require in the service. A voluntary redundancy scheme for the public service was announced in last year’s budget. We did not implement it in the health sector because it cannot be applied without redeployment. It would not be possible, for example, to have a large number leave from one hospital without being able to redeploy people from another. At present, it is not possible to redeploy from one part of a hospital to another. Any voluntary redundancy scheme must be accompanied by a redeployment scheme; otherwise, we would not achieve the savings envisaged and the voluntary redundancy scheme could be quite expensive. The people who have retired are those who were close to retirement age. That is why the number was higher this year.

279 Other 8 December 2009. Questions

[Deputy Mary Harney.]

The Minister for Finance will enunciate pay policy in his budget speech tomorrow. Any pay reductions that apply to Ministers, politicians and public servants will apply to posts within the HSE and the wider public service.

Deputy Jan O’Sullivan: Does the Minister agree it is very disappointing that the talks broke down, particularly in respect of the health service because of the likelihood of achieving agreement on redeployment, flexibility and an 8 a.m. to 8 p.m. working day? Following the breakdown of the talks, will it not be very difficult for the Minister to achieve what she wants to achieve with regard to streamlining the HSE? Is it correct to say that only 16% of those who opted for early retirement were in the administrative or management grades?

Deputy Mary Harney: That would be a higher proportion. One must include support staff too. It is a great disappointment because we were discussing last week everything that had been sought for the past five years and which is central to the transformation of our health service, including a longer working day, a five over seven working week, different rostering and particularly redeployment. These are all central if we are to move from hospital-based services to community and primary care and to have the appropriate staff ratios and so on. I hope we will be able to resume that agenda very quickly. When everybody has had an opportunity to reflect and perhaps have a break because there were a lot of all night meetings over the past few weeks——

Deputy James Reilly: A change is as good as a break.

Deputy Jan O’Sullivan: There is small chance of that happening.

Deputy Mary Harney: I hope we can return to that agenda very early in the new year. I am delighted to have the Deputies’ support for that agenda. That applies to other aspects of the public service.

Deputy Jan O’Sullivan: The Minister will find it very hard to do that.

Deputy Mary Harney: I believe public servants are in favour of change and they know the kind of change that is necessary. I believe they are willing to respond.

Child Abuse. 38. Deputy Jan O’Sullivan asked the Minister for Health and Children the recommendations she will propose in order to protect the rights of children; and if she will make a statement on the matter. [45534/09]

69. Deputy Jack Wall asked the Minister for Health and Children the action she will take in response to the Murphy report on the Dublin Archdiocese; and if she will make a statement on the matter. [45533/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I will be responding in the context of the reports of the Dublin Archdiocese Commission of Investi- gation and the Oireachtas Joint Committee on the Constitutional Amendment on Children. The report of the Dublin Archdiocese Commission of Investigation documents the litany of abuses perpetrated by clergy operating under the aegis of the Dublin Archdiocese. The HSE is finalising its audits of other dioceses. The purpose of the audits is to ensure that the HSE is

280 Other 8 December 2009. Questions fully aware of all cases of clerical child sex abuse known to the church, including the whereabouts of any alleged perpetrators. Pending receipt of a report from the HSE on the results of these audits, the Government has reserved its position on the option of further diocesan investigations, along the lines of the Murphy commission. While the commission’s report does not include specific recommendations on the rights of children, it is important, in light of the report, to establish whether any further actions are required to strengthen child protection policies and practices generally. The Joint Committee on the Constitutional Amendment on Children, which was established in November 2007, has produced two interim reports to date. One deals with the exchange of so called soft information and the other with a proposal to give legal authority to create offences of absolute or strict liability in respect of sexual offences against, or in connection 4o’clock with, children. The joint committee is now concentrating on family law issues arising in respect of proposed changes to the Constitution dealing with, among other things, the rights of children. A draft final report is currently being considered by the committee and its deadline for reporting back to the Oireachtas is 16 December 2009. The report will be submitted to Government for its consideration. In the meantime, my office, in co-operation with the Department of Justice, Equality and Law Reform, has started work on preparing heads of a Bill to deal with the issue of soft information. A revised edition of the Children First guidelines will be published shortly by my office and will be promulgated throughout the public service. Standardised processes for dealing with cases of child welfare and protection will be introduced by the HSE, along with a national child care information system. This will help ensure that all information relating to an individual case is readily available to HSE professionals and that all contacts can be traced. I am committed to making whatever changes are necessary in legislation, policy or practice to provide the best possible protection for children.

Deputy Jan O’Sullivan: Has the Minister of State an idea when he might be ready to propose a referendum in regard to the rights of the child? The Murphy report contained a suggestion that the HSE may not have strong enough powers in regard to child sexual abuse outside of the family. Will the Minister of State comment on whether there is a need for further legislation in this regard? The Ryan report suggested that there was a need for an extra 270 social workers specifically in the area of child protection. There is also information that more than 6,000 children at risk are not assigned to a social worker at present. In addition, the Adoption Bill will require more social workers. What action is the Government taking in regard to the shortage of social workers?

Deputy Barry Andrews: With regard to the referendum, the committee has until the end of next week to provide its consensus on wording to improve the position of children in the Constitution. A decision on a date of a referendum will follow consideration of that report by the Government. HSE powers under section 3 of the Child Care Act are very clear in terms of abuse that might occur within a family. Both the Ferns report and the Murphy commission report raised a doubt as to whether the HSE had powers in terms of extra-familial abuse, as the Deputy stated. The Attorney General at the time of the Ferns report confirmed that the HSE powers under section 3 did contemplate extra-familial abuse. Nonetheless, as the Murphy commission has raised it again, we will again clarify the point with the Attorney General.

281 Other 8 December 2009. Questions

[Deputy Barry Andrews.]

The question of the 270 social workers is a key part of the implementation plan. There already have been appointments in 2009 and I am confident we will be able to meet the target. The Deputy stated that 6,000 children do not have a social worker, which underlines the need, which is not disputed. Where a reference is made to the HSE, all children are triaged and dealt with in terms of priority. The Adoption Bill contemplates the idea of accredited agencies that would carry out assessments in regard to suitability for adoption. Because that can be done, it should free up social workers who are currently occupied with the issue of assessments.

Deputy James Reilly: While I welcome the freer ability of social workers, I do not believe it goes far enough and we need more appointed. My main point is simple and it concerns an issue broader than that of health. There are four Ministers across the Chamber. Surely they realise the absolute necessity that the Garda would investigate all dioceses to check for the situation that pertains in the Archdiocese of Dublin. We know well it is not limited to Dublin, nor was it limited to Ferns. All dioceses need to be investigated by the Garda. It is not a matter of focusing on the children, although, of course, that is important. The perpetrators who inflicted this pain on the victims have to be brought to book, and the victims must be given the right of redress and the right to confront their predators.

Deputy Barry Andrews: First, the perpetrators are brought to book through the criminal justice system, not through commissions of inquiry. Commissions of inquiry are supposed to try to find out what went wrong in the past, who was responsible and——

Deputy James Reilly: I asked for a Garda inquiry.

Deputy Barry Andrews: A Garda inquiry concerns criminal justice. The Deputy asked whether all dioceses should be referred to the commission, if I am clear on his question. The Deputy must remember the Dublin commission looked at only a sample of cases, so it was not an effort to try to bring perpetrators to book. Rather, it was an exercise to try to find out what went wrong, who was responsible and what we can learn for the future. There is a limit in regard to including all of the dioceses in the commission of inquiry because we have learned so much through both the Ryan and Murphy reports, and we will learn more from the Cloyne report. We have to remember there are also 140 congregations. It has taken us a year to examine Cloyne thus far, and it may take us a little longer. If we go through all of the dioceses and all of the congregations, for which some people are now calling, I doubt we will add much to our body of knowledge in regard to where we went wrong in the past. We have learned much. However, the Government, of course, reserves its position in regard to the HSE audits and what they will uncover about these dioceses.

Deputy Jan O’Sullivan: I am anxious to get more information on the social work issue. Will the Minister explain how many extra social workers have been appointed this year? At what stage does he expect to have appointed the extra 270 social workers that were recommended in the Ryan report? On the issue raised by Deputy Reilly and the specific matter of possible criminal investigations, what is the Minister of State’s role, given his responsibility for children? Does he have a responsibility in regard to that element or is this purely a matter for the DPP and the Garda?

282 Other 8 December 2009. Questions

Deputy Barry Andrews: On the second issue, it is a matter for the DPP and the Garda and I do not have a role in that regard. With regard to the social workers, while there have been 100 appointments this year, some of these are temporary staff who have been made permanent and some staff have taken retirement, so the net additional position is approximately 50. Therefore, there is a further number to be gained and it is my ambition to achieve that by the end of next year. However, resources obviously will be an issue and those matters will have to be resolved in terms of the ongoing Estimates and discussions with the Department of Finance.

Deputy Dan Neville: Members will recall the Monageer case, which involved a murder- suicide in Wexford in which two young children unfortunately died. One of the key recommendations of the Monageer report was that a full-time, 24-7 crisis intervention service would be available. It is available on a part-time basis at present. Will the Minister of State revisit the question of full-time service? His statement at the time was that the \12 million it would cost to save those lives was not available.

Deputy Barry Andrews: I wish to be clear that while an out-of-hours service was the key recommendation, the conclusion of the report was that it would not have saved those lives. We have to be clear about the context in which this recommendation was made. Nevertheless, as a result of that, in June 2009, the HSE with the Garda began operating a protocol for a place of safety under section 12 of the Child Care Act, whereby a child who in previous times would have spent a night in a Garda station would now be placed with a fostering service until social work services were available. This is working very well from the point of view of the Garda, the HSE and those children who have been referred to it. It is interesting to note the volume of children coming into this place of safety service is very low, which makes us wonder whether a full-scale out-of-hours service is necessary. In any case, under the implementation plan, we have committed to doing two pilot areas, which will begin in 2010, in order to have an out-of-hours service outside of Dublin. Those recommendations will be acted on.

Laboratory Services. 39. Deputy Richard Bruton asked the Minister for Health and Children her plans to rationalise laboratory services here; when this process of rationalisation will commence; the estimated amount of money that will be saved from this rationalisation; and if she will make a statement on the matter. [45580/09]

Deputy Mary Harney: Approximately 77 million laboratory tests are undertaken annually across 44 public hospitals. At present, the annual cost of this service is approximately \470 million. The workload comprises both urgent and non-urgent tests, and a significant proportion of the activity originates in the primary care setting. An external review of laboratory services was conducted for the HSE by Teamwork Manage- ment Services in 2007. The review highlighted limitations in the current organisation of laboratories which impact on quality, turnaround time and cost. In light of the review, the HSE announced plans earlier this year to modernise laboratory services and to introduce significant efficiencies in the configuration and operation of these services. The HSE has already had significant engagement with stakeholders in progressing this initiative. Groups such as the faculty of pathology and the Medical Laboratory Scientists Association will have an ongoing input into the process.

283 Other 8 December 2009. Questions

[Deputy Mary Harney.]

As part of this initiative, the HSE has recently commenced discussions with the National Development Finance Agency about the capital financing of a small number of dedicated “cold” laboratories to process the large volumes of routine patient tests currently undertaken in hospital laboratories. This will include a robust analysis of the cold laboratory business model from a value for money perspective.

Deputy James Reilly: Everyone supports the rationalisation of laboratory services. The Mini- ster used the words “cold” and “hot” to define routine versus emergency. The issue is that there are plans to allow for international tendering so, once again, a company like Quest Diagnostics can take over laboratory services in this country and we end up with hundreds of medical laboratory scientists’ jobs gone. They have already seen the cervical screening activity removed. Invitation by letter has reduced the number of people attending for smears from 28,000 in August to 18,000 in September, as was anticipated, despite the denials on the other side of the table. Could the Minister tell us if she intends to tender this work outside the country and how many jobs will be lost? Does she believe this is a sensible use of Irish taxpayers’ money in terms of retaining Irish jobs and a particular skill?

Deputy Mary Harney: The main issue is quality and cost. The Deputy knows from the report that our turn-around time is bad, our quality is poor and our cost is enormous. Clearly, from any perspective, that is not satisfactory. The intention is to go to tender and there has been discussion with stakeholders. One would hope that the public service would be successful in that tender but clearly it must compete on the basis of quality, turn-around time and cost. That must be the future because if we waste \200 million on this service that could be used in areas where we have deficiencies, be that in the child protection area or the many other areas where there are deficiencies, no one could defend that. Quest Diagnostics is in discussions about a public facility in Ireland with a view to putting facilities in place. On the cervical screening, there was huge take up, there were 250,000 smears taken last year, with the number up this year. It is appropriate that we do it by way of letter so there are proper systems for recall. Given we only started cervical screening in September 2008, it has been highly successful and we want to see it develop further during 2010.

Deputy Jan O’Sullivan: I understand the issue of the cold labs and the farming out of the work, possibly abroad, although I share Deputy Reilly’s concern about the loss of jobs. One of the problems when Quest Diagnostics got the contract for cervical cancer screening was that many of the Irish laboratories had been neglected in terms of building up what they needed to be able to carry out the tests. Can the Minister clarify if some of the cytology screening will be done in Ireland now that the two year contract has run out and is being renewed?

Deputy Mary Harney: Quest Diagnostics has announced its intention to establish a facility in Ireland and it is in active discussions with a public facility here. The issue is one of quality, turn-around time and cost. It is not appropriate, as everyone accepts, including the professional representatives and the College of Pathology, that there are 44 centres in Ireland. There cannot be a quality-driven, quick turn-around, cost effective laboratory service in that scenario. Every- one has signed up for rationalisation of that. The challenge for the public sector is to be able to compete with others, and I believe it has the capacity to do that in a tender. The HSE is in active discussions with the national finance

284 Leaders’ 8 December 2009. Questions agency about a public private partnership model for the provision of this service which we hope to advance during 2010.

Written Answers follow Adjournment Debate.

Adjournment Debate Matters. An Ceann Comhairle: The following matters in respect of which notice has been given under Standing Order 21 were received by the Ceann Comhairle, and this is a list of the name of the member in each case: (1) Deputy Michael Noonan — the administration of the rent allowance scheme and specifically the transfer of responsibility for it to the Department of Social and Family Affairs; (2) Deputy Mattie McGrath — the future of the Tipperary Institute; (3) Deputy Beverley Flynn — the co-location of various agencies with his Department particularly in the County Mayo area; (4) Deputy Michael Ring — the delay in the renewal of over 70 years medical cards; (5) Deputy Michael P. Kitt — the need to sanction the Milltown and Claregalway sewerage schemes; (6) Deputy Willie Penrose — the need to solve the ongoing problems at the Midland Regional Hospital, Mullingar, County Westmeath; (7) Deputy Chris Andrews — the need for transparent and continuous communication with the local communities that will be affected by the construction process of the DART underground, a second, high-capacity DART line which will run underground through the heart of the city centre and will see 7.5 kilometres of underground tunnel constructed that will stretch between the docklands and Inchicore, with stations at Pearse Street., St. Stephen’s Green, Christchurch and Heuston; (8) Deputy Bernard Allen — the need to hold an independent enquiry into the events leading up to the recent flooding in Cork City; (9) Deputy Seán Fleming — the need to ensure that malt and malting barley production here is retained as a condition of any proposed sale of Greencore Malt; and (10) Deputy Thomas P. Broughan — the urgent need for the Minister for the Envir- onment, Heritage and Local Government to re-house 167 families at Priory Hall, Donaghmede, Dublin 13 given the critical risk for fire safety at this apartment complex. The matters raised by Deputies Willie Penrose, Michael P. Kitt, Bernard Allen and Seán Fleming have been selected for discussion.

Leaders’ Questions. Deputy Enda Kenny: Tomorrow the Minister for Finance, on behalf of the Government, will read out his statement that will purportedly seek \4,000 million in reductions and cuts. An element of that will deal with the Department of Social and Family Affairs. In a revealing programme last night on RTE television, it was estimated that social welfare fraud is running at 10%, leading one to believe the fraud is of the order of \2 billion per year, half of what the Minister for Finance is looking for in his overall cuts. It appears as if the Department of Social and Family Affairs and the Minister for Social and Family Affairs have been entirely incompetent in dealing with the scale of this robbery from the taxpayer’s pocket. Despite the litany of actions the Minister for Social and Family Affairs talks about having implemented, fraud remains on a vast scale. As Deputy Naughten pointed out this morning, 11 years ago it was intended to introduce a public services identity card. Recommendations were made by him to transfer surplus officials from the Department of Agriculture, Fisheries and Food into the Department of Social and Family Affairs. The Comptroller and Auditor General’s report last year indicated that officers dealing with fraud are dealing with application forms for social welfare in the first instance.

285 Leaders’ 8 December 2009. Questions

[Deputy Enda Kenny.]

Can I ask the Taoiseach, given the range of categories that apply in the Department of Social and Family Affairs, having discussed this at Cabinet, where is this fraud taking place in the Department? Where is the \2 billion in fraud being committed?

The Taoiseach: There is no evidence whatsoever that welfare fraud costs the State \2 billion per year. That figure arose in respect of certain high risk categories that were being investigated and a discrepancy of 10% was found. It is not right to extrapolate from that figure that the total level of fraud in the Department of Social and Family Affairs is 10%. The level of fraud in most schemes is very low. It is important to point out the vast majority of people entitled to social welfare are those who need it and are obtaining it lawfully. There is ongoing vigilance, because of the need in these difficult economic times, to make sure that those who most require our help obtain it and to ensure that anyone who is defrauding the system is identified and dealt with. That is why so much has been undertaken by the Minister and the Department to ensure fraud is kept to a minimum and eliminated where possible. There are 620 staff involved in fraud detection, including a special investigation unit. People now collect money in person each week instead of having it sent to them, as was the case in the past. Photo identification is required when collecting payments. Across all schemes, 600,000 claims have been reviewed so far this year, including medical checks and certification to prove continued entitlement to child benefit. Data matching with the Department and with external agencies has been achieved. Inter-agency Border checks have been established. Social welfare officials and Garda national immigration bureau have been put in place. It is only fair to point out that all of that preventative work in terms of avoiding defrauding of the taxpayer and of social welfare recipients is in the interests of genuine social welfare recipients when, at a time of economic difficulty, we have to consider in what way we can maintain living standards vis- a`-vis 2008 given the increased cost of living during the course of this year. Obviously these are sensitive areas but I do not accept there is a complacency or that there is not an added determination in the Department of Social and Family Affairs because of the fact that we want to ensure that people who require assistance get it, that anyone who is seeking to cheat on that system is cheating against the taxpayer and those who require those payments. In addition to these initiatives we will do everything possible to ensure fraud is not as prominent a feature of the system as, perhaps, the Deputy suggests.

Deputy Enda Kenny: Last week I spoke to a young engineer who has been forced to sign on for social welfare. I asked him how it is when one goes into the prefab. He said it sucks away one’s soul. The way to tackle social welfare is by creating jobs and incentives for jobs which the Government has failed to do. Tomorrow, the budget will be announced. I listened to the senior official in the Department of Social and Family Affairs last evening talking about fraud of between 10% and 15% in some schemes. The lower end of that scale at 10% on a \20 billion spend is \2 billion. Even if it is not \2 billion — the Minister for Social and Family Affairs is shaking her head — it is \1.5 billion too many. Of the 640 officials working in fraud area of the Department of Social and Family Affairs, many are part time. Tomorrow the Government will take money from carers, the disabled and genuine recipients of welfare who are on the bread line. The only category the Taoiseach said would not be touched was pensioners. In the area of social welfare, children do not commit fraud; pensioners, by and large, do not commit fraud; disabled persons and carers do not commit fraud. Where is it going on? The scams that were exposed last night indicate clearly the incompetence of the

286 Leaders’ 8 December 2009. Questions

Minister for Social and Family Affairs. Some 11 years on we still have not arrived at a point where one can have a public service identity card. We have a situation where the PPS numbers and the computers in her Department are still not talking to each other. There are people who acquire and hire PPS numbers and claim jobseeker’s allowance as exposed in that programme and fraud continues. Tomorrow in a draconian budget, because of Government incompetency, the Government will take away money from people who need it. Everybody agrees that to cheat in social welfare is robbery out of the taxpayers’ pockets where that takes place deliberately and knowingly. The Government has failed to become serious about this issue. In many cases it is only a question of making people reapply to find out where they are.

An Ceann Comhairle: The Deputy has gone over time.

Deputy Enda Kenny: When will an effective public service identity card be implemented? When will surplus from the Department of Agriculture, Fisheries and Food be moved into the Department of Social and Family Affairs to deal with this fraudulent activity? When will computer systems be fully linked-up and integrated so that persons hiring or acquiring, by whatever means, a PPS number and who claim jobseeker’s allowance, are identified and punished in accordance with the law? The man who said this “sucks away one’s soul” deserves his chance at a job and nobody wants to see 10%, \2 billion, fraudulent activity within the Department of Social and Family Affairs continuing in perpetuity.

The Taoiseach: I would make the point that this Government, when resources were available, provided well in excess of cost of living increases for social welfare recipients and finds itself in a position where tomorrow we have to ensure the protection of social welfare recipients’ income vis-a`-vis the 2008 position by taking into account the fact that there has been a reduction in the cost of living this year of the order of 6.5% to 7%.

Deputy Róisín Shortall: Not for welfare recipients.

The Taoiseach: And for welfare recipients of the order of 5.5%

Deputy Róisín Shortall: That is not true.

The Taoiseach: We increased the rate last year between 3% and 3.8% at a time when we expected inflation to be 2.5%. It is not a question of percentages in this respect. The real issue is that we have an unsustainable public finance position. If we are to protect the most vulnerable in society, as we must and seek to do, we must do so in a way that provides a sustainable way forward.

Deputy Róisín Shortall: One does not have to protect millionaires.

The Taoiseach: We have increased the social welfare budget by 20% year on year this year over last year. That, of course, reflects the increased unemployment in society. It is also an indication of a preparedness to do everything possible to assist people in this situation and to recognise, as the Deputy fails to, that many improvements have taken place in respect of the obtaining of data by the Department and that it is cross-referencing all the time.

Deputy James Reilly: It is not very effective.

The Taoiseach: The introduction of the card, about which we have spoken, will begin in the coming year. The sum of \24 million will be invested and it will be rolled out to 3 million people in the coming years. The Department of Social and Family Affairs has been an example of——

287 Leaders’ 8 December 2009. Questions

Deputy James Reilly: Of fraud.

The Taoiseach: No. That is not fair and people on the other side would want to make up their minds. Is everyone on social welfare defrauding the system or not? The answer is no.

Deputy James Reilly: The percentage reported was 10%.

An Ceann Comhairle: The Taoiseach without interruption, please.

The Taoiseach: What was said by the Deputy a moment ago was that it was a whole series of categories of people who are clearly entitled to their payment yet there is the contention that there is a whole range of fraud.

Deputy James Reilly: One-fifth short of the target.

The Taoiseach: We have indicated that control savings of \475 million were provided for this year. To suggest that 10% is defrauding is not correct. It is not the contention of either the programme or of the evidence that was put before the public last night. If we are to have a discussion on this matter — and it is an important matter——

Deputy Enda Kenny: The proof is there.

The Taoiseach: ——one has to be vigilant all the time and invest in whatever control mechanisms we can devise that will be effective. We must also be fair and ensure we do not suggest there is a level of defrauding taking place because that does an injustice to those who are entitled to it. I accept totally and unequivocally that anyone who uses the system on the basis of not being entitled to it does so at the expense of those who require it and the hard-pressed taxpayer who is seeking to fund it.

Deputy Eamon Gilmore: For quite some time, on behalf of the Labour Party, I have been urging the Taoiseach and the Government to conclude an agreement which would provide for a reduction in the public service pay bill and reforms in the public service. I have here seven documents which were signed off, as agreed, last Friday between the public service trade unions and the Government. There is a document on the health service which contains 15 specific reforms, including a change to 8 a.m. to 8 p.m. rostering five days over days, significant savings on overtime premia, weekend working. I have one for the education sector which provides for increased hours for those working in the education sector and a revision of teachers’ contracts. I have one for the local government service which includes reductions in the numbers of directors of service and directorates and arrangements whereby one local authority could provide services for another. I have one for the Civil Service which gives management the right to redeploy staff across Departments. I have two specific documents relating to redeployment and how it could be achieved, that it could take place within a 50 km radius, the number of sick leave days that would disqualify a person and quite specific details which would have provided the Government not only with the \1.3 million in savings, which it would achieve, but also much need reforms of the public service. The Taoiseach and the Minister for Finance met the public service unions on Tuesday when the Taoiseach told them it was game on, so to speak, for this agreement and on that basis they called off their one-day strike. Discussions continued right through lunchtime on Friday and on Friday, the Cabinet decided to pull the plug——

288 Leaders’ 8 December 2009. Questions

Deputy Tom Hayes: Mattie McGrath.

Deputy Eamon Gilmore: ——on the agreement.

Deputy P. J. Sheehan: Mattie has clout.

Deputy Eamon Gilmore: I ask the Taoiseach to explain to the House why he has thrown away an opportunity to get long term reforms in the public service for a quick one-year fix for next year, purely, it would appear, on the basis of Fianna Fáil’s political need.

The Taoiseach: That is completely at variance with the facts. As the Deputy said, we met with the ICTU representatives on Tuesday morning. A proposal was put to the Government which I said would be considered by Cabinet. It was considered by Cabinet but unfortunately it did not meet the first requirement on the amount of savings that would be required. We reserved our position with regard to it. We notified the unions on that matter. They wanted to see if they could develop the proposal further and I was agreeable to that request because it is important to continue discussions. Some of the sectoral discussions took place right up to Friday morning. Some excellent work has been done which provides for a common positive vision as to how we can proceed with transforming public services. The immediate problem related to the fact that savings of the order of \1.3 billion would have been required, not only in 2010 but thereafter. Unfortunately this was not possible to confirm with the detail that would be required beyond 2010. Issues were also raised with regard to the proposal for 12 days’ unpaid leave. The Deputy will recall that the portrayal of this proposal in the public domain during the course of Wednesday on the basis of the strike not proceeding on Thursday, met with a very strong public reaction and certainly made the task of agreement infinitely more difficult. That question of unpaid leave was central to the consensus on the public sector trade unions side about offering pay reductions while maintaining pay rates. They offered an extended period during which that leave would be taken. However, the other problem, the second issue, related to uncertainty about how precisely the savings would be continued in 2012 and beyond. I agree there are various transformation measures which can be significant and which would not have generated savings of the order of \1 billion but we would have to discuss again next year what steps might be taken to help reduce the pay bill. It is unfortunate that an agreement was not possible which would command wide support especially in the context of other elements of the budget to be announced tomorrow and the three tests, which I set out on Wednesday morning last, were not met. I recognise the level of engagement entered into by all sides and that genuine efforts were made. It was not possible to conclude an agreement, to the disappointment of many people, but the bottom line is there are strategic gains arising out of all those discussions in that there is an agreement, a realisation that savings of the order of \1.3 billion are required for 2010 and beyond and that there is a common positive vision about how we might transform public services in the future were we to be able to go back to those issues on another occasion.

Deputy Eamon Gilmore: It seems the Government and the unions were within touching distance of concluding an agreement which would not only have provided the savings but would have delivered public service reform, a better deal for the public in terms of delivery of services and industrial peace in the time ahead.

289 Leaders’ 8 December 2009. Questions

[Deputy Eamon Gilmore.]

At best, it is incompetent that the Government could not conclude that agreement and at worst it is devious. The bottom line is not what the Taoiseach said but rather that he has a Minister for Finance who is now so anxious to get his hands on the Taoiseach’s job that he was prepared to sink this ——

Deputy Michael McGrath: Deputy Gilmore wants the job.

Deputy Eamon Gilmore: ——agreement.

An Ceann Comhairle: Allow Deputy Gilmore to speak without interruption.

Deputy Eamon Gilmore: He clearly does not subscribe to the Taoiseach’s view——

(Interruptions).

Deputy Eamon Gilmore: ——that political loyalty is a virtue. From early last week, from the time there was an agreement in prospect, he had his representatives out on the airwaves doing his damnedest to undermine the work that was going on. This was stupid and short-sighted because the fact that an opportunity to achieve serious reform in the public services has now been thrown away and turned down by Government is something we will all regret next year.

Deputy Thomas Byrne: Deputy Gilmore said something different last week.

The Taoiseach: I completely reject that view. It is unfortunate that it is usual practice to introduce personalities into the situation. In any discussions I have had with the Irish Congress of Trade Unions on these matters the Minister for Finance accompanied me to all those meetings and full and frank discussions took place between all the parties concerned. The Government was at one with regard to the one proposal put to us on Tuesday, it did not meet the first test which was, as I outlined on Wednesday morning to the House, the question of quantum, the need to get the required amounts. My view, and that of the Govern- ment, has always been that, having communicated that message to the public sector unions, they wished to continue to develop the proposal while recognising that the amount was not sufficient to meet the needs of Government, we would continue with those discussions in good faith——

Deputy Emmet Stagg: By Friday morning they had found the money.

The Taoiseach: I do not wish to go over everything again but unfortunately on Wednesday it was stated in the media that morning, and subsequently, that a deal had been done——

Deputy Eamon Gilmore: That is what happened on Wednesday.

The Taoiseach: That was not the case and it was never the Government position

Deputy Joan Burton: The Lenihans were out.

The Taoiseach: The Government discussed this matter on Tuesday at Cabinet and conveyed our position which was the Government position. I had stated time out of number that the amount required was \1.3 billion. I also made the point——

Deputy Emmet Stagg: That amount was found.

290 Leaders’ 8 December 2009. Questions

The Taoiseach: I ask the Deputy to allow me to reply to his leader. I made the case on Wednesday morning in this House that we required permanency ——

Deputy Emmet Stagg: The Taoiseach should acknowledge the fact that the amount was found.

An Ceann Comhairle: I ask Deputy Stagg to allow the Taoiseach to reply without interruption.

The Taoiseach: The Deputy must listen while I explain the situation. The negotiations developed. I want to make it clear that the Government had a view on this matter. We were prepared to continue with those discussions. I outlined the Government position clearly to the House on Wednesday and I stated that we needed permanency and a sufficient amount, and we needed to ensure there would be no disruption of service in respect of how we would proceed.

Deputy Eamon Gilmore: It is in the documents.

The Taoiseach: These were sectoral discussions that took place between management and public sector unions. I know about the documents to which Deputy Gilmore refers. In fact by reason of continuing with the talks, one was able to develop the very sectoral documents to which the Deputy refers.

Deputy Emmet Stagg: The Taoiseach threw them out.

The Taoiseach: They relate to the agenda for transforming the public service which is a continuing item on the agenda and which will need to be addressed.

(Interruptions).

The Taoiseach: They provide for——

Deputy Eamon Gilmore: They provide for nothing now.

The Taoiseach: Deputy Gilmore does not wish me to speak uninterrupted although he spoke without interruption. Deputy Gilmore made a very politically charged comment and I wish to respond without interruption, but the continuing interruption is to suggest that I am not to be allowed to do so.

Deputy Eamon Gilmore: I ask the Taoiseach to continue.

The Taoiseach: The Minister for Finance can present his proposals in the pay area in a stronger position tomorrow morning because we have come to an understanding that this is the sort of figure that is required for 2010. The problem was that the public service unions had to come with a very restricted mandate which was not about being in a position to negotiate a pay cut so they proposed a deduction for 2010 and the requirement for the unpaid leave to come thereafter. That was the reason the unpaid leave issue came up in the first place because the unions did not have the mandate with which to negotiate a permanent reduction in the public sector pay bill. I understood that difficulty. I was prepared to continue to discuss it to see if there was a way forward which would meet with the requirements of the situation, would have found a deduction for 2010, one which was permanent thereafter, and would have dealt with the public reaction there was right across the

291 Leaders’ 8 December 2009. Questions

[The Taoiseach.] board on the issue of unpaid leave. Unpaid leave was an issue the unions could not de-link from the deduction proposal. While I understood the position from their point of view, as of Friday afternoon, it left the Government in a position where it was unable to state with sufficient certainty that it had the savings beyond 2010.

Deputy Eamon Gilmore: The Government had the savings and they were costed.

The Taoiseach: What we had was a commitment on the basis that everyone agreed and understood——

Deputy Eamon Gilmore: The Government had costed savings of \978 million with an additional \100 million in overtime savings.

The Taoiseach: ——that the transformation agenda would not provide us with \1 billion in 2010, were one to proceed with it. What we had was a commitment to continue to discuss that matter in 2010 but no clear way in which the balance of savings could be found. Those are the facts of the position.

Deputy Eamon Gilmore: The Government had the savings.

Deputy Emmet Stagg: The Government side stated it had them.

An Ceann Comhairle: Allow the Taoiseach to continue without interruption, please.

The Taoiseach: The Government had to make a decision on what we believed would be the right thing to do in the circumstances. Clearly, what we have to do is ensure that there is a reduction in the public service pay bill that will be sufficient and permanent for the circumstances we are talking about. That is what we did.

Deputy Eamon Gilmore: What will the Government do now?

The Taoiseach: That is the truth and it was the consistent position that emerged.

Deputy Eamon Gilmore: The Taoiseach had an agreement in his hand and he blew it.

The Taoiseach: No, we have in place today a long-term agenda to transform services which will still be available when we return to it. While there is considerable unhappiness at the moment, we should seek to re-engage on the change agenda against the background of a measured agreement reached last week.

Deputy Eamon Gilmore: With whom will the Government re-engage?

The Taoiseach: It is clear that unless we do this over the coming years, we will put at risk the ability to maintain current remuneration levels without further reform.

Deputy Róisín Shortall: The Government blew it.

The Taoiseach: That is what we need to get down to. The fact of the matter is we have an unsustainable position in relation to welfare and public sector pay.

Deputy Eamon Gilmore: With whom will the Government engage?

292 Requests to move Adjournment of 8 December 2009. Dáil under Standing Order 32

The Taoiseach: There are a number of ways in which we can seek to reduce this expenditure in the coming years. I ask that people look to this positive agenda for the future rather than seeking to engage in industrial action which will not achieve anything other than continue to defer what could be provided if we were prepared to work on the progress that has been made thus far.

Deputy Eamon Gilmore: The Taoiseach deferred the issue by making an absolute mess of it.

Deputy Joan Burton: He was not so tough on the bankers.

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

Deputy Willie Penrose: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the ongoing crisis at the Midland Regional Hospital, Mullingar; where the recent reduction of up to 20% in the total number of acute beds at the hospital and the loss of 35 nurses over the past year who have not been replaced led to the suspension of emergency facilities last weekend; which, despite being among the top three hospitals in the country, with 35,000 admissions on an annual basis and length of stay among the shortest in Ireland, has been purposely selected for unwarranted and disproportionate cutbacks; and if steps will be taken to address the unfair treatment to which this important hospital, which services the communities of Longford and Westmeath, has been subject, restore the number of acute beds and significantly increase nursing personnel.

Deputy Frank Feighan: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the closure of 25 branches with a loss of more than 150 jobs by National Irish Bank and the consequent undermining of banking services for tens of thousands of customers across the country, particularly in counties Roscommon, Leitrim, Cavan, Donegal and Longford; and the crippling announcement that Allied Irish Banks is set to impose premium levies on loans to thousands of Irish businesses which will result in further business closures and job losses.

Deputy Thomas P. Broughan: I seek the adjournment of the Dáil under Standing Order 32 to discuss the following matter of national importance and life and death, namely, that the Minister for the Environment, Heritage and Local Government make an urgent statement to Dáil Éireann regarding the critical fire safety risks at the Priory Hall apartment complex, Hole- in-the-Wall Road, Donaghmede, Dublin 13, and, given the Minister’s urgent responsibility, to immediately re-house 167 families from the complex, including Dublin City Council tenants, households on the rental accommodation scheme, households who purchased through the affordable housing scheme and the majority of households who privately purchased these grossly deficient apartments; if the Minister will indicate if he is reviewing the performance of the Dublin city manager, Mr. John Tierney, his predecessor, Mr. John Fitzgerald, and their respective management teams on this matter; and if he will also explain his continued failure to implement the planning and building regulations in the north fringe.

Deputy James Bannon: I seek the adjournment of the Dáil under Standing Order 32 to raise a matter of national importance, namely, the danger to public health that will be caused by the

293 Order of 8 December 2009. Business

[Deputy James Bannon.] estimated 12% drop in income for the Irish Cancer Society this year, given that 7,000 people died from cancer last year, the number of newly diagnosed cancer cases is increasing by 7% each year and the survival rate in this country is 10% lower than in the best performing EU countries.

An Ceann Comhairle: Having considered the matters raised, they are not in accordance with Standing Order 32.

Order of Business. The Taoiseach: It is proposed to take No. 9, motion re ministerial rota for parliamentary questions; No. 10, motion re referral to joint committee of proposed approval by Dáil Éireann of the reports by the Minister for Defence regarding service by the Defence Forces with the United Nations in 2007 and 2008; No. 11, motion re proposed approval by Dáil Éireann of the Regional Fisheries Boards (Postponement of Elections) Order 2009 (back from committee); No. 12, Supplementary Estimates for Public Services [Votes 19, 20, 22, 27, 30, 31, 34, 37, 40 and 41] (back from committee); No. 13, Communications Regulation (Premium Rate Services) Bill 2009 — motion to instruct the committee; and No. 41, Communications Regulation (Premium Rate Services) Bill 2009 — Order for Report, Report and Final Stages. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 8.30 p.m. and business shall be interrupted not later than 10 p.m.; Nos. 9, 10 and 11 shall be decided without debate; Supplementary Estimates [Votes 19, 20, 22, 27, 30, 31, 34, 37, 40 and 41] shall be moved together and decided by one question which shall be put from the Chair and the proceedings thereon shall, if not previously concluded, be brought to a conclusion after one hour and any division demanded thereon shall be taken forthwith, and the following arrangements shall apply: the speeches of a Minister or Minister of State and of the main spokespersons for Fine Gael, the Labour Party and Sinn Féin, who shall be called upon in that order, shall not exceed ten minutes in each case, the speech of each other Member called upon shall not exceed five minutes in each case, Members may share time and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; and the proceedings on No. 13 shall, if not previously concluded, be brought to a conclusion after one hour and the following arrangements shall apply: the speech of a Minister or Minister of State and of the main spokespersons for Fine Gael, the Labour Party and Sinn Féin, who shall be called upon in that order, shall not exceed ten minutes in each case, the speech of each other Member called upon shall not exceed five minutes in each case, Members may share time and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes. Private Members’ business, which shall be No. 60, Dublin Docklands Development Authority (Amendment) Bill 2009 — Second Stage, shall also take place tomorrow at noon and the proceedings on the Second Stage thereon shall, if not previously concluded, be brought to a conclusion after 90 minutes on that day.

An Ceann Comhairle: There are five proposals to be put to the House. Is the proposal that the Dáil sit later than 8.30 p.m. agreed to?

Deputy Enda Kenny: I propose an amendment that the Dáil sit until 11.30 p.m. I can explain the reasons later if the Ceann Comhairle wishes. The Supplementary Estimates are too serious to pass within one hour. At least 45 additional minutes should be provided to deal with this

294 Order of 8 December 2009. Business business. A further 45 minutes should also be provided to debate the Communications Regu- lation (Premium Rate Services) Bill 2009. For some extraordinary reason, the Minister for Communications, Energy and Natural Resources intends to introduce what is practically an entirely new Bill on Report Stage which will deal with the provision of fibre cable. While I support such provision in principle, this is not the way to go about it. Rather than having two separate divisions on the Supplementary Estimates and Bill, I suggest the House sits until 11.30 p.m. to give 45 additional minutes to each item.

Deputy Eamon Gilmore: The Labour Party is not prepared to agree the Order of Business until we secure clarification from the Taoiseach in respect of the social welfare Bill. Last week, it was intimated the Bill would be taken next week. Today, there is some talk around the place that there is a possibility or an intention on the part of the Government to have the legislation put through the House on Friday of this week. I wish to establish from the Taoiseach exactly what the Government’s intentions are with regard to the Bill. I am sure by now the Government has clarified in its own mind when it will be brought before the House and what Stages will be put at various times. This information should now be shared with us.

Deputy Arthur Morgan: I call for longer than one hour to debate the Estimates. Given the record of the Department of Finance in respect of the Estimates of both receipts and expenditure, this warrants a debate longer than one hour and I hope the Chief Whip will agree to it.

The Taoiseach: I refer to the budget and the consequent legislation required. Two tranches of legislation will be required, the Social Welfare Bill and legislation to deal with the public sector pay situation as a result of issues which arose last week. It is the intention of the Govern- ment to come to the House with the Social Welfare Bill on Thursday this week, to take Second Stage on Thursday afternoon and evening and then deal with the subsequent Stages on Friday and to come next week with the Public Sector Pay Bill.

Deputy Eamon Gilmore: This is new information provided to the House. I asked the Taoiseach about the post-budget legislative arrangements the Government intends to make. The Taoiseach is now telling us that there will be two very significant tranches of legislation. The Social Welfare Bill is obviously intended to cut social welfare and the 5o’clock Government proposes to rush it. We will have the budget on Wednesday. The Taoiseach is now indicating he will introduce the Bill on Thursday afternoon and take all Stages by Friday evening. This is not acceptable. Apart from what he intends to do with the budget, this is an insult to the people, including the carers, the many people on disability, pensioners and people on social welfare payments. It is not only a matter of what he plans to do in the budget but his attempt to do it in this way. He is now saying there will be more legislation to deal with the pay issue. I have raised with the Taoiseach several times——

An Ceann Comhairle: This matter can be raised on the Order of Business. We must get a decision on a number of issues.

Deputy Eamon Gilmore: If the Ceann Comhairle wants me to call a vote on every one of these five proposals I will do so.

An Ceann Comhairle: There is already a proposal on an amendment and we must get a decision on that.

Deputy Eamon Gilmore: Whatever way the Ceann Comhairle wishes to handle it is fine but we have very little time. This is the point I have been making and it is not the first time I have

295 Order of 8 December 2009. Business

[Deputy Eamon Gilmore.] raised this matter. Since the Government has decided the budget will be introduced this week there is very limited time between budget day, tomorrow, and the recess for Christmas to debate the budget. We are now told there will be two very controversial tranches of legislation which the Government intends to rush through the House. In the case of the Social Welfare Bill it wants to have it done and dusted by this weekend.

Deputy Denis Naughten: They are afraid to let them home over the weekend.

Deputy Eamon Gilmore: Forget it. We are not going to agree to that or anything remotely like it.

An Ceann Comhairle: The amendment is in the name of Deputy Kenny. Is it being pressed?

Deputy Enda Kenny: Yes.

Question put: “That the figures proposed to be deleted stand.”

The Dáil divided: Tá, 72; Níl, 66.

Tá

Ahern, Michael. McDaid, James. Ahern, Noel. McEllistrim, Thomas. Andrews, Barry. Andrews, Chris. McGrath, Mattie. Ardagh, Seán. McGrath, Michael. Aylward, Bobby. McGuinness, John. Brady, Áine. Brady, Cyprian. Mansergh, Martin. Browne, John. Moloney, John. Byrne, Thomas. Moynihan, Michael. Calleary, Dara. Carey, Pat. Mulcahy, Michael. Collins, Niall. Nolan, M. J. Conlon, Margaret. Ó Cuív, Éamon. Connick, Seán Coughlan, Mary. Ó Fearghaíl, Seán. Cowen, Brian. O’Brien, Darragh. Cuffe, Ciarán. O’Connor, Charlie. Cullen, Martin. Curran, John. O’Dea, Willie. Dempsey, Noel. O’Flynn, Noel. Devins, Jimmy. O’Hanlon, Rory. Dooley, Timmy. Finneran, Michael. O’Keeffe, Batt. Fitzpatrick, Michael. O’Keeffe, Edward. Fleming, Seán. O’Rourke, Mary. Flynn, Beverley. Gogarty, Paul. O’Sullivan, Christy. Gormley, John. Power, Peter. Hanafin, Mary. Power, Seán. Harney, Mary. Haughey, Seán. Ryan, Eamon. Healy-Rae, Jackie. Sargent, Trevor. Kelly, Peter. Scanlon, Eamon. Kenneally, Brendan. Kennedy, Michael. Smith, Brendan. Killeen, Tony. Treacy, Noel. Kitt, Michael P. Wallace, Mary. Kitt, Tom. Lenihan, Conor. White, Mary Alexandra. Lowry, Michael. Woods, Michael.

296 Order of 8 December 2009. Business

Níl

Allen, Bernard. McCormack, Pádraic. Bannon, James. McEntee, Shane. Barrett, Seán. McGrath, Finian. Broughan, Thomas P. McManus, Liz. Bruton, Richard. Mitchell, Olivia. Burke, Ulick. Morgan, Arthur. Burton, Joan. Naughten, Denis. Byrne, Catherine. Neville, Dan. Carey, Joe. Noonan, Michael. Clune, Deirdre. Ó Snodaigh, Aengus. Coonan, Noel J. O’Donnell, Kieran. Costello, Joe. O’Dowd, Fergus. O’Keeffe, Jim. Coveney, Simon. O’Mahony, John. Crawford, Seymour. O’Shea, Brian. Creed, Michael. O’Sullivan, Jan. D’Arcy, Michael. O’Sullivan, Maureen. Deasy, John. Penrose, Willie. Deenihan, Jimmy. Perry, John. Doyle, Andrew. Rabbitte, Pat. Durkan, Bernard J. Reilly, James. English, Damien. Ring, Michael. Feighan, Frank. Shatter, Alan. Flanagan, Charles. Sheahan, Tom. Flanagan, Terence. Sheehan, P. J. Gilmore, Eamon. Sherlock, Seán. Hayes, Brian. Shortall, Róisín. Hayes, Tom. Stagg, Emmet. Howlin, Brendan. Timmins, Billy. Kehoe, Paul. Tuffy, Joanna. Kenny, Enda. Upton, Mary. Lee, George. Varadkar, Leo. Lynch, Ciarán. Wall, Jack. Lynch, Kathleen.

Tellers: Tá, Deputies Pat Carey and John Curran; Níl, Deputies Paul Kehoe and Emmet Stagg.

Question declared carried.

Amendment declared lost.

Question put: “That the proposal for the late sitting be agreed to.”

The Dáil divided: Tá, 72; Níl, 65.

Tá

Ahern, Michael. Conlon, Margaret. Ahern, Noel. Connick, Seán. Andrews, Barry. Coughlan, Mary. Andrews, Chris. Cowen, Brian. Ardagh, Seán. Cuffe, Ciarán. Aylward, Bobby. Cullen, Martin. Brady, Áine. Curran, John. Brady, Cyprian. Dempsey, Noel. Browne, John. Devins, Jimmy. Byrne, Thomas. Dooley, Timmy. Calleary, Dara. Finneran, Michael. Carey, Pat. Fitzpatrick, Michael. Collins, Niall. Fleming, Seán. 297 Order of 8 December 2009. Business

Tá—continued

Flynn, Beverley. Mulcahy, Michael. Gogarty, Paul. Nolan, M.J. Gormley, John. Ó Cuív, Éamon. Hanafin, Mary. Ó Fearghaíl, Seán. Harney, Mary. O’Brien, Darragh. Haughey, Seán. O’Connor, Charlie. Healy-Rae, Jackie. O’Dea, Willie. Kelly, Peter. O’Flynn, Noel. O’Hanlon, Rory. Kenneally, Brendan. O’Keeffe, Batt. Kennedy, Michael. O’Keeffe, Edward. Killeen, Tony. O’Rourke, Mary. Kitt, Michael P. O’Sullivan, Christy. Kitt, Tom. Power, Peter. Lenihan, Conor. Power, Seán. Lowry, Michael. Ryan, Eamon. McDaid, James. Sargent, Trevor. McEllistrim, Thomas. Scanlon, Eamon. McGrath, Mattie. Smith, Brendan. McGrath, Michael. Treacy, Noel. McGuinness, John. Wallace, Mary. Mansergh, Martin. White, Mary Alexandra. Moloney, John. Woods, Michael. Moynihan, Michael.

Níl

Allen, Bernard. McCormack, Pádraic. Bannon, James. McEntee, Shane. Barrett, Seán. McGrath, Finian. Broughan, Thomas P. McManus, Liz. Bruton, Richard. Mitchell, Olivia. Burke, Ulick. Morgan, Arthur. Burton, Joan. Neville, Dan. Byrne, Catherine. Noonan, Michael. Carey, Joe. Ó Snodaigh, Aengus. Clune, Deirdre. O’Donnell, Kieran. Coonan, Noel J. O’Dowd, Fergus. Costello, Joe. O’Keeffe, Jim. Coveney, Simon. O’Mahony, John. Crawford, Seymour. O’Shea, Brian. Creed, Michael. O’Sullivan, Jan. D’Arcy, Michael. O’Sullivan, Maureen. Deasy, John. Penrose, Willie. Deenihan, Jimmy. Perry, John. Doyle, Andrew. Rabbitte, Pat. Durkan, Bernard J. Reilly, James. English, Damien. Ring, Michael. Feighan, Frank. Shatter, Alan. Flanagan, Charles. Sheahan, Tom. Flanagan, Terence. Sheehan, P.J.. Gilmore, Eamon. Sherlock, Seán. Hayes, Brian. Shortall, Róisín. Hayes, Tom. Stagg, Emmet. Howlin, Brendan. Timmins, Billy. Kehoe, Paul. Tuffy, Joanna. Kenny, Enda. Upton, Mary. Lee, George. Varadkar, Leo. Lynch, Ciarán. Wall, Jack. Lynch, Kathleen.

Tellers: Tá, Deputies Pat Carey and John Curran; Níl, Deputies Paul Kehoe and Emmet Stagg

Question declared carried.

298 Order of 8 December 2009. Business

An Ceann Comhairle: Is the proposal to deal with No. 9, motion re ministerial rota for parliamentary questions; No. 10, motion re referral to joint committee of proposed approval by Dáil Éireann of the reports by the Minister for Defence regarding service by the Defence Forces with the United Nations in 2007 and 2008; and No. 11, motion re proposed approval by Dáil Éireann of the Regional Fisheries Boards (Postponement of Elections) Order 2009, without debate agreed to? Agreed. Is the proposal to deal with No. 12, Supplementary Estimates for Public Services, agreed to?

Deputy Enda Kenny: I have already proposed that we should allocate more time to discuss this and I propose an extension of 45 minutes. There is a number of very important items to be discussed and it is unfair to expect this to be completed in the time allocated where there is only ten minutes per main spokesperson. Vote 30 deals with the Department Communications, Energy and Natural Resources. There is the question of payments to RTE, An Post and the broadcasting fund. An amount was to be paid to RTE in 2000 as the balance of licence fees collected in 1999 under the old system were not met. Vote 27 deals with the Supplementary Estimate for the Department of Com- munity, Rural and Gaeltacht Affairs. There is a Supplementary Estimate in respect of Army pensions. The note states that the gratuity and pension has been higher than anticipated at the time of the original Estimate and that the upward trend in the past four months is expected to continue to the end of the year. This has serious implications for the Army. Vote 34 deals with the Department of Enterprise, Trade and Employment and the temporary employment subsidy scheme. The Department of Health and Children requires a Supplemen- tary Estimate of \254 million. A series of items are dealt with in it. The Vote of the Department of Justice, Equality and Law Reform deals with the Garda Síochána Vote. The Minister for Justice, Equality and Law Reform said many of the gardaí were hangers on at this stage. The note states there is a 100% increase in the number of budgeted retirements for 2009. It is a serious loss of experience and a brain drain from the force. These matters cannot, and should not, be dealt with in a ten minute period. There is also the prisons Vote. We heard a story today about a man in some distress being arrested because he did not have a dog licence and who spent a day in Mountjoy Prison. This should not happen. These matter should be discussed for a longer period of time and I suggest a 45 minute extension.

Deputy Eamon Gilmore: I agree with Deputy Kenny that the amount of time being provided for these Estimates is far too short. For that reason, the Labour Party is opposed to this proposal. I am also opposed to it because of the completely unsatisfactory arrangements the Taoiseach has indicated for the taking of the Social Welfare Bill. It would appear what is happening is that the Government is now so terrified of exposing any of the Government Deputies to their constituents over the weekend that it will try to get the Social Welfare Bill through before they go home for the weekend. If the Taoiseach cannot carry his team for one difficult weekend, he will not have much chance of carrying them for another two years.

The Taoiseach: The Supplementary Estimates were referred by the House on 24 November last to the Select Committee on Finance and the Public Service and were dealt with by it. All the discussion has taken place. There are nine Supplementary Estimates — six of them are technical and three are substantive. They have been discussed by the relevant select committee and have been returned to the House for approval. I do not see the reason we should have a further discussion because they were dealt with by the committee.

299 Order of 8 December 2009. Business

[The Taoiseach.]

Deputy Gilmore asked about what is emerging as a result of the budget requirements. There will be two Bills — the Social Welfare Bill and the Bill on public sector pay. We will have to deal with them in line with the time available in the House and we propose to take the Social Welfare Bill later this week. The Deputy spoke about difficult decisions. It is clear he does not believe that any difficult decisions should be taken on anything.

Deputy Enda Kenny: The Taoiseach is well aware that although Votes are discussed at committee, it does not mean finality once it has dealt with them. These are matters of public importance. It is normal they return to the House for final approval. From that point of view, the House should have an opportunity to discuss them for a longer period of time than is proposed by Government.

An Ceann Comhairle: Is the amendment in the name of Deputy Kenny being pressed?

Deputy Enda Kenny: Yes.

Question put: “That the figures proposed to be deleted stand”.

The Dáil divided: Tá, 72; Níl, 66.

Tá

Ahern, Michael. Lenihan, Conor. Ahern, Noel. Lowry, Michael. Andrews, Barry. McEllistrim, Thomas. Andrews, Chris. Ardagh, Seán. McGrath, Mattie. Aylward, Bobby. McGrath, Michael. Brady, Áine. McGuinness, John. Brady, Cyprian. Mansergh, Martin. Browne, John. Moloney, John. Byrne, Thomas. Moynihan, Michael. Calleary, Dara. Carey, Pat. Mulcahy, Michael. Collins, Niall. Nolan, M.J.. Conlon, Margaret. Ó Cuív, Éamon. Connick, Seán. Ó Fearghaíl, Seán. Coughlan, Mary. O’Brien, Darragh. Cowen, Brian. O’Connor, Charlie. Cuffe, Ciarán. Cullen, Martin. O’Dea, Willie. Curran, John. O’Flynn, Noel. Dempsey, Noel. O’Hanlon, Rory. Devins, Jimmy. O’Keeffe, Batt. Dooley, Timmy. O’Keeffe, Edward. Finneran, Michael. Fitzpatrick, Michael. O’Rourke, Mary. Fleming, Seán. O’Sullivan, Christy. Flynn, Beverley. O’Sullivan, Maureen. Gogarty, Paul. Power, Peter. Gormley, John. Power, Seán. Hanafin, Mary. Ryan, Eamon. Harney, Mary. Haughey, Seán. Sargent, Trevor. Healy-Rae, Jackie. Scanlon, Eamon. Kelly, Peter. Smith, Brendan. Kenneally, Brendan. Treacy, Noel. Kennedy, Michael. Wallace, Mary. Killeen, Tony. White, Mary Alexandra. Kitt, Michael P.. Kitt, Tom. Woods, Michael.

300 Order of 8 December 2009. Business

Níl

Allen, Bernard. McCormack, Pádraic. Bannon, James. McEntee, Shane. Barrett, Seán. McGrath, Finian. Broughan, Thomas P.. McManus, Liz. Bruton, Richard. Mitchell, Olivia. Burke, Ulick. Morgan, Arthur. Burton, Joan. Naughten, Denis. Byrne, Catherine. Neville, Dan. Carey, Joe. Noonan, Michael. Clune, Deirdre. Ó Snodaigh, Aengus. Coonan, Noel J.. O’Donnell, Kieran. Costello, Joe. O’Dowd, Fergus. O’Keeffe, Jim. Coveney, Simon. O’Mahony, John. Crawford, Seymour. O’Shea, Brian. Creed, Michael. O’Sullivan, Jan. D’Arcy, Michael. Penrose, Willie. Deasy, John. Perry, John. Deenihan, Jimmy. Rabbitte, Pat. Doyle, Andrew. Reilly, James. Durkan, Bernard J.. Ring, Michael. English, Damien. Shatter, Alan. Feighan, Frank. Sheahan, Tom. Flanagan, Charles. Sheehan, P.J.. Flanagan, Terence. Sherlock, Seán. Gilmore, Eamon. Shortall, Róisín. Hayes, Brian. Stagg, Emmet. Hayes, Tom. Stanton, David. Howlin, Brendan. Timmins, Billy. Kehoe, Paul. Tuffy, Joanna. Kenny, Enda. Upton, Mary. Lee, George. Varadkar, Leo. Lynch, Ciarán. Wall, Jack. Lynch, Kathleen.

Tellers: Tá, Deputies Pat Carey and John Curran; Níl, Deputies Paul Kehoe and Emmet Stagg.

Question declared carried.

Amendment declared lost.

An Ceann Comhairle: Is the proposal for dealing with No. 12, Supplementary Estimates for Public Services, agreed to?

Deputy Paul Kehoe: It is not. Question, “That the proposal for dealing with No. 12 be agreed to,” put and declared carried.

An Ceann Comhairle: Is the proposal for dealing with No. 13, Communications Regulation (Premium Rate Services) Bill 2009, motion to instruct committee, agreed to?

Deputy Enda Kenny: I think the Ceann Comhairle was surprised that a vote was not called on the last proposal. I could see that registering. No. 13 is a case where the Minister for Communications, Energy and Natural Resources is effectively bringing in a brand new Bill on Report Stage. I accept the principle of the Bill, as has been outlined by Deputy Coveney on a number of occasions, but in this case, what is essentially another service unit or layer of bureaucracy is being included to deal with communications.

301 Order of 8 December 2009. Business

[Deputy Enda Kenny.] What the Minister is doing in the use of ducting along national primary routes is correct in principle but this is not the way to go about it. This Bill is supposedly about premium rate services for telephones and although it began as such it is ending up as a brand new Bill being introduced on Report Stage, which the Dáil will not even have an opportunity to discuss properly or amend if necessary. For that reason I am opposed to the proposal.

Deputy Liz McManus: The Labour Party is opposed to this.

Deputy Noel Treacy: Of course it is, the Bill is an innovation.

Deputy Liz McManus: It is not the way to bring in legislation. The Minister has essentially lumped two separate Bills into one, and the second part of this Bill deals with an issue totally unconnected with the main Title. The Minister did not have an amendment in time so Deputy Coveney and I submitted an amendment prepared by the Government. It was rejected because it was not relevant to the Bill.

Deputy Timmy Dooley: We were teasing the Deputy.

Deputy Liz McManus: We are supposed to be able to get the basics right. We do not have to get great thinking from the other side of the House.

Deputy Róisín Shortall: It would help.

Deputy Liz McManus: We must have the nuts and bolts of democracy working as required. That means we should have the Bill on Committee Stage. In this instance, we did not. We did not have the full Title of the Bill. Report Stage will even include an amendment to the Title of the Bill. It is a clumsy, inadequate and undemocratic approach to preparing and making legislation, which is our primary duty, and because the Government has failed to live up to its responsibility, we must oppose this.

Deputy Alan Shatter: Is this Green Party Dáil reform?

Deputy Ciarán Cuffe: Two for one.

The Taoiseach: I understand it was broadly agreed on Committee Stage how the Bill would proceed and this proposal reflects that discussion on an all-party basis. I do not know what is the problem.

Question put: “That the proposal for dealing with No. 13 be agreed to.”

The Dáil divided: Tá, 72; Níl, 65.

Tá

Tá—continued

Flynn, Beverley. Mansergh, Martin. Gogarty, Paul. Nolan, M. J. Gormley, John. Ó Cuív, Éamon. Hanafin, Mary. Ó Fearghaíl, Seán. Harney, Mary. O’Brien, Darragh. Haughey, Seán. O’Connor, Charlie. Healy-Rae, Jackie. O’Dea, Willie. Kelly, Peter. O’Flynn, Noel. O’Hanlon, Rory. Kenneally, Brendan. O’Keeffe, Batt. Kennedy, Michael. O’Keeffe, Edward. Killeen, Tony. O’Rourke, Mary. Kitt, Michael P. O’Sullivan, Christy. Kitt, Tom. Power, Peter. Lenihan, Conor. Power, Seán. Lowry, Michael. Ryan, Eamon. McEllistrim, Thomas. Sargent, Trevor. McGrath, Finian. Scanlon, Eamon. McGrath, Mattie. Smith, Brendan. McGrath, Michael. Treacy, Noel. McGuinness, John. Wallace, Mary. Moloney, John. White, Mary Alexandra. Moynihan, Michael. Woods, Michael. Mulcahy, Michael.

Níl

Allen, Bernard. McCormack, Pádraic. Bannon, James. McEntee, Shane. Barrett, Seán. McManus, Liz. Broughan, Thomas P. Mitchell, Olivia. Bruton, Richard. Morgan, Arthur. Burke, Ulick. Naughten, Denis. Burton, Joan. Neville, Dan. Byrne, Catherine. Noonan, Michael. Carey, Joe. Ó Snodaigh, Aengus. Clune, Deirdre. O’Donnell, Kieran. Coonan, Noel J. O’Dowd, Fergus. Costello, Joe. O’Keeffe, Jim. Coveney, Simon. O’Mahony, John. Crawford, Seymour. O’Shea, Brian. Creed, Michael. O’Sullivan, Jan. D’Arcy, Michael. Penrose, Willie. Deasy, John. Perry, John. Deenihan, Jimmy. Rabbitte, Pat. Doyle, Andrew. Reilly, James. Durkan, Bernard J. Ring, Michael. English, Damien. Shatter, Alan. Feighan, Frank. Sheahan, Tom. Flanagan, Charles. Sheehan, P. J. Flanagan, Terence. Sherlock, Seán. Gilmore, Eamon. Shortall, Róisín. Hayes, Brian. Stagg, Emmet. Hayes, Tom. Stanton, David. Howlin, Brendan. Timmins, Billy. Kehoe, Paul. Tuffy, Joanna. Kenny, Enda. Upton, Mary. Lee, George. Varadkar, Leo. Lynch, Ciarán. Wall, Jack. Lynch, Kathleen.

Tellers: Tá, Deputies Pat Carey and John Curran; Níl, Deputies Paul Kehoe and Emmet Stagg

Question declared carried.

303 Order of 8 December 2009. Business

An Ceann Comhairle: Is the proposal for dealing with No. 5 agreed to? Agreed.

Deputy Enda Kenny: This morning, I was circulated with a proposed Order of Business for Thursday and Friday. Friday’s business was supposed to include the Forestry (Amendment) Bill 2009, statements on a carbon budget and the Houses of the Oireachtas Commission (Amendment) Bill [Seanad] 2009. Can I take it that is no longer valid in view of the statements made in respect of the social welfare Bill? The usual procedure in the House for years was that following the presentation of the budget by the Minister for Finance and contributions by Opposition spokespersons, the budget debate began the following day and lasted, at one time, for weeks but, in latter years, for a week or so. Is that being changed? What is the proposal to deal with Thursday’s business? Will it just be leader’s speeches on the budget followed by the introduction of the social welfare Bill because the implications of this are serious? Arising from the statement of the Minister for Finance tomorrow, is it intended to introduce an emergency measures Bill to deal with a reduction in the public service bill? If, tomorrow, the Minister for Finance indicates a reduction in public sector pay, I understand it will be necessary to introduce an emergency measures Bill. If this is the case, when is it intended to take that Bill? It is now accepted by the Government that reform of the public service, or a more effective public service, is fundamental to moving the country forward and getting out of the economic difficulty we are in. It is more than six years since I pointed out that if benchmarking were to be paid it should be contingent on efficiencies and achieving targets in the public sector. That did not happen. In view of the Government’s acceptance of the fact that we must have public sector and service reform now, how is it proposed to present that in view of the collapse of the social partnership model as applied heretofore?

The Taoiseach: Today, the Cabinet considered the legislative requirements in the aftermath of the budget. As I stated earlier to Deputy Gilmore, two Bills will be required, namely, a social welfare Bill and a Bill on public sector pay. The social welfare Bill will be taken this week and the public sector pay Bill will be taken next week. We envisage a change to the Order of Business for that purpose. The budget debate and financial resolutions will be taken on Wednesday as normal and will be resumed on Thursday. We will then take the social welfare Bill and on Friday morning the carbon budget will be taken followed by the Remaining Stages of the social welfare Bill.

Deputy Enda Kenny: What is the urgency in taking the social welfare Bill this week? Second Stage of the Bill will be taken on Thursday and all Stages will conclude on Friday. Is there a reason this is so? The list published by the Chief Whip referred to the Bill dealing with social welfare increases but obviously that is not the case. Does the urgency have something to do with the fact that, as Deputy Gilmore pointed out, the Government backbenchers appear to be terrified of having another week of this? If that is not the case, is there a particular legislative reason it has to be taken on Thursday and Friday?

The Taoiseach: The Government has two Bills to deal with before the Dáil rises and for that reason we have to proceed with them. We will not have as much time after the budget debate as we did in previous times and we have to proceed with enacting legislation so that it takes effect as envisaged for 2010. In recent years, social welfare Bills were taken after Private Members’ time on the following Tuesday and completed by 7 p.m. on the following day. This time, we want to deal with two Bills and the second arose because we were not able to find

304 Order of 8 December 2009. Business agreement on public service pay last Friday. Instead of dealing with one Bill we must deal with two.

Deputy Eamon Gilmore: I want to ask the Taoiseach more about the two Bills promised. He stated we will have a social welfare Bill, Second Stage of which will be taken on Thursday and Remaining Stages to be taken on Friday. In addition to taking Remaining Stages of the social welfare Bill on Friday we will also deal with the carbon budget, which presumably will include proposals on a carbon levy or tax. When will the social welfare Bill be published? I presume it will not be published until after the Budget Statement is made tomorrow. The budget debate will effectively be truncated some time early on Thursday to allow for the social welfare Bill to be introduced. Is the Taoiseach seriously stating that a social welfare Bill, which for the first time since the time of Ernest Blythe will introduce reductions in social welfare, will be published some time on Wednesday evening or night at the earliest, with Second Stage debated on Thursday and all Stages completed on Friday? That is utterly unacceptable as a parliamentary procedure and is unnecessary. The only reason this is being done is because the Taoiseach and the Government think the backbenchers will be too cowardly and wobbly to face their constituents on this issue over the weekend. They are being corralled here this week and will be made vote for this before they go home at the weekend so they will be able to tell constituents that no matter what they say about social welfare their hands are tied. When will the Bill dealing with public sector pay be published? Will that Bill have any proposals or measures on public sector pensions?

The Taoiseach: In response to the first matter, it is a question of ensuring that we enact legislation this week and next because of the time available to us. We have to proceed on that basis. We have to ensure that we give legal effect to the budgetary decisions being taken tomorrow. On the question on the public sector pay Bill, I made the point that the issue relates to public sector pay and public sector pensions is a separate issue to be dealt with at another time.

Deputy Eamon Gilmore: I asked the Taoiseach when the two Bills will be published.

The Taoiseach: The social welfare Bill will be published after the budget announcement.

Deputy Joan Burton: Is it already written?

The Taoiseach: The other will be published in good time for the following week.

Deputy Eamon Gilmore: That is not an acceptable response given the arrangements proposed for the Bills. If we take a social welfare Bill on Thursday I want to know when it will be published. Will it be published on Wednesday evening after the budget or will it be published on Thursday morning? Will we see it before the Minister comes in to propose it? When will the Bill dealing with public sector pay be published? I want a specific time for its publication because we have only a very short sitting arrangement. As a matter of courtesy we should be told when the Bills will be published. We also have precedent for a period of time to be given after a Bill is published for people to consider it.

The Taoiseach: The social welfare Bill will simply incorporate the budget decisions so the Deputy will be on notice——

Deputy Eamon Gilmore: I am not looking for its content; when will it be published?

305 Order of 8 December 2009. Business

The Taoiseach: ——from the time of the budget announcement. It will be published that night or morning——

Deputy Eamon Gilmore: When?

The Taoiseach: Please Deputy, there is no need to be like that. I am answering the question and I will not be barracked like that. It is unnecessary. It is not the Deputy’s form and there is no need for it.

Deputy Eamon Gilmore: The Taoiseach is not answering me.

The Taoiseach: I made the point that the contents of the social welfare Bill will relate to the budgetary announcements on social welfare. They will have to be given legal effect and we will take them this week.

An Ceann Comhairle: We have to move on.

Deputy Eamon Gilmore: I am sorry but this is not business as usual and there is a logic to why I am asking this. We have two Bills to which the Government has obviously given consideration. Have the heads of the Bills been approved by the Government? Has the text of the Bills been approved by the Government? Will they be published this week? If the two Bills must be passed by the end of the session and must be introduced this week why do we not take Second Stage of both Bills on Friday and take Committee and Remaining Stages next week?

The Taoiseach: The question of introducing the social welfare Bill or any other legislation which might be necessary in the aftermath of the budget will be dealt with in the normal way tomorrow morning prior to the budget’s introduction. The Minister for Social and Family Affairs will outline the position to Cabinet at that point. The Deputy is as aware of the procedures relating to the budget as I am.

Deputy Bernard J. Durkan: Many families throughout the country suffered hardship in recent weeks as a result of flooding.

An Ceann Comhairle: Is there any promised legislation in this general area?

Deputy Bernard J. Durkan: Yes. It has been established that in some instances, the difficulties which occurred could have been averted.

An Ceann Comhairle: Deputy Durkan must find a different way in which to raise this matter.

Deputy Bernard J. Durkan: The Ceann Comhairle should wait until I have finished.

An Ceann Comhairle: There are so many alternative routes open to him.

Deputy Bernard J. Durkan: There is promised legislation in this area. There is a requirement on the Government to set out its priorities in this regard. A delegation from the Joint Commit- tee on European Affairs visited the European Commission last week and met Commissioner Samecki and an indication was given with regard to the availability of funding.

An Ceann Comhairle: We must move on. We have spent an inordinate amount of time on the Order of Business today.

306 Overseas Missions: 8 December 2009. Motion

Deputy Bernard J. Durkan: I will refer to the legislation in a moment. If the Ceann Comh- airle was not continually interrupting me, I would have concluded long ago. That is the worst of interrupting a poor old fellow from the country. There is a willingness on the part of the European institutions to be helpful. They have provided assistance in other countries which suffered similar difficulties. Will the Taoiseach provide an indication with regard to the degree of urgency which might be applied in respect of addressing existing issues and preventing future catastrophes in the areas which were worst affected by the recent flooding? Two of the relevant items of legislation are the environmental liability Bill and the environmental (miscellaneous provisions) Bill. Effectively, the Taoiseach is the only person who can provide an indication with regard to what will happen in respect of this matter.

An Ceann Comhairle: Is the Deputy seeking a date for the introduction of those items of legislation?

Deputy Bernard J. Durkan: No, I want the Taoiseach to indicate if the legislation to which I refer might be used to prevent a recurrence of recent events.

The Taoiseach: Advice is being sought from the Office of the Attorney General on a number of issues that have arisen during the course of the drafting of one of the Bills to which the Deputy refers. As a result, it will not be possible to publish said Bill prior to the end of this session.

Deputy Bernard J. Durkan: What about flood relief? Many people are waiting for such relief.

An Ceann Comhairle: We must proceed to the next item of business.

Deputy Bernard J. Durkan: They are waiting anxiously and would appreciate a little bit of hope.

Ministerial Rota for Parliamentary Questions: Motion. Minister of State at the Department of the Taoiseach (Deputy Pat Carey): I move:

That, notwithstanding anything in the Resolution of the Dáil of 14 June 2007, setting out the rota in which questions to members of the Government are to be asked, questions for oral answer, following those next set down to the Minister for Foreign Affairs, shall be set down to Ministers in the following temporary sequence:

Minister for Community, Rural and Gaeltacht Affairs

Minister for Arts, Sport and Tourism

whereupon the sequence established by the Resolution of 14 June 2007 shall continue with questions to the Minister for Social and Family Affairs.”

Question put and agreed to.

Overseas Missions: Motion. Minister of State at the Department of the Taoiseach (Deputy Pat Carey): I move:

That the proposal that Dáil Éireann approves:

307 Estimates for Public 8 December 2009. Services 2009

[Deputy Pat Carey.]

(i) the report by the Minister for Defence regarding service by the Defence Forces with the United Nations in 2007, copies of which were laid before Dáil Éireann on 28 November 2008; and

(ii) the report by the Minister for Defence regarding service by the Defence Forces with the United Nations in 2008, copies of which were laid before Dáil Éireann on 20 July 2009;

in accordance with section 13 of the Defence (Amendment) Act 2006, be referred to the Joint Committee on Justice, Equality, Defence and Women’s Rights, in accordance with paragraph (2) of the Orders of Reference of that Committee, which, not later than 2 February 2010, shall send a message to the Dáil in the manner prescribed in Standing Order 87, and Standing Order 86(2) shall accordingly apply.

Question put and agreed to.

Regional Fisheries Boards: Motion. Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I move:

That Dáil Éireann approves the following Order in draft:

Regional Fisheries Boards (Postponement of Elections) Order 2009,

copies of which were laid before Dáil Éireann on 20th November, 2009.

Deputy Enda Kenny: Has a date been fixed for the holding of those elections?

Deputy Mary Coughlan: No.

Deputy Enda Kenny: Will they be held prior June of next year? Will the Tánaiste hazard a guess?

Question put and agreed to.

Estimates for Public Services 2009. Minister for Defence (Deputy Willie O’Dea): I move the following Supplementary Estimates:

Vote 19 — Justice, Equality and Law Reform (Supplementary).

That a supplementary sum not exceeding \1,000 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of December, 2009, for the salaries and expenses of the Office of the Minister for Justice, Equality and Law Reform, Probation Service staff and of certain other services including payments under cash- limited schemes administered by that Office, and payment of certain grants and grants-in-aid.

Vote 20 — Garda Síochána (Supplementary).

That a supplementary sum not exceeding \30,000,000 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of December, 2009, for the salaries and expenses of the Garda Síochána, including pensions, etc.; for pay-

308 Estimates for Public 8 December 2009. Services 2009 ments of compensation and other expenses arising out of service in the Local Security Force, for the payment of certain witnesses’ expenses, and for payment of a grant-in-aid.

Vote 22 — Courts Service (Supplementary).

That a supplementary sum not exceeding \1,000 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of December, 2009, for such of the salaries and expenses of the Courts Service and of the Supreme Court, the High Court, the Special Criminal Court, the Circuit Court and the District Court and of certain other minor services as are not charged to the Central Fund.

Vote 27 — Department of Community, Rural And Gaeltacht Affairs (Supplementary).

That a supplementary sum not exceeding \1,000 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of December, 2009, for the salaries and expenses of the Office of the Minister for Community, Rural and Gael- tacht Affairs, for certain services administered by that Office, and for the payment of certain grants.

Vote 30 — Communications, Energy and Natural Resources (Supplementary).

That a supplementary sum not exceeding \1,000 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of December, 2009, for the salaries and expenses of the Office of the Minister for Communications, Energy and Natural Resources, including certain services administered by that Office, and for payment of certain grants and sundry grants-in-aid, and for the payment of certain grants under cash- limited schemes.

Vote 31 — Agriculture, Fisheries and Food (Supplementary).

That a supplementary sum not exceeding \1,000 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of December, 2009, for the salaries and expenses of the Office of the Minister for Agriculture, Fisheries and Food, including certain services administered by that Office, and of the Irish Land Commission and for payment of certain grants, subsidies and sundry grants-in-aid and for the payment of certain grants under cash-limited schemes.

Vote 34 — Enterprise, Trade and Employment (Supplementary).

That a supplementary sum not exceeding \1,000 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of December, 2009, for the salaries and expenses of the Office of the Minister for Enterprise, Trade and Employ- ment, including certain services administered by that Office, for the payment of certain subsidies, grants and a grant-in-aid, and for the payment of certain grants under cash-limited schemes.

Vote 37 — Army Pensions (Supplementary).

That a supplementary sum not exceeding \7,200,000 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of December, 2009, for retired pay, pensions, compensation, allowances and gratuities payable under sundry stat- utes to or in respect of members of the Defence Forces and certain other Military Organis-

309 Estimates for Public 8 December 2009. Services 2009

[Deputy Willie O’Dea.] ations, etc., and for sundry contributions and expenses in connection therewith; for certain extra statutory children’s allowances and other payments and for sundry grants.

Vote 40 — Health Service Executive (Supplementary).

That a supplementary sum not exceeding \254,000,000 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of December, 2009, for the salaries and expenses of the Health Service Executive and certain other services administered by the Executive, including miscellaneous grants.

Vote 41 — Office of the Minister for Children and Youth Affairs (Supplementary).

That a supplementary sum not exceeding \1,000 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of December, 2009, for the provision of certain services in respect of children and youth affairs, including miscellaneous grants and grants-in-aid.

An Ceann Comhairle: In respect of the debate on these Supplementary Estimates, the speeches of the Minister and the spokespersons for Fine Gael, the Labour Party and Sinn Féin, who shall be called upon in that order, shall not exceed ten minutes in each case and the speeches of each other Member called upon shall not exceed five minutes in each case.

Deputy Willie O’Dea: Final Dáil approval is being sought for a series of Supplementary Estimates proposing net additional voted expenditure of \291.207 million in 2009. Nine of these Estimates were originally introduced into the House on 25 November. A subsequent technical Supplementary Estimate for the Office of the Minister for Children and Youth Affairs was moved on 1 December. All of these Supplementary Estimates have since been fully debated by the relevant committees. The majority of this additional expenditure relates to the justice group and the Health Service Executive and arises primarily from the higher than expected number of Garda retirements and a shortfall in health levy receipts coupled with other pressures in the health area. Supplementary Estimates totalling \69.2 million have already been approved this year in respect of Vote 7 — superannuation and retired allowances — arising from additional costs associated with the incentivised scheme for early retirement; Vote 14 — the Director of Public Prosecution — for fees to counsel; and Vote 12 — the Secret Service. As a result, total Sup- plementary Estimates for 2009 amount to some \360.407 million, or just over 0.76% of total net voted expenditure outlined in the Revised Estimates Volume for 2009. Each of the Departments requesting funding has, however, made efforts to achieve offsetting savings. In fact, the majority of the Supplementary Estimates before the House are technical in nature and do not involve additional moneys being transferred to Departments, but rather allow them to use these savings to balance pressures elsewhere in the Vote. Where additional moneys are required, they arise from exceptional circumstances which were unforeseen at the time the original expenditure allocations were voted upon by the House. While the members of the individual committees may already be aware of the reasons behind the Supplementary Estimates in their respective areas, I will take this opportunity to outline the proposed Sup- plementary Estimates to the House somewhat greater detail. My colleague, the Minister for Health and Children, gave details of the Supplementary Esti- mate for Health to the Select Committee on Health and Children on 2 December last. A net Supplementary Estimate of \254 million for Vote 40 — the Health Service Executive — is

310 Estimates for Public 8 December 2009. Services 2009 being provided to fund the 2009 costs of \55 million arising from the swine flu pandemic; \73 million for increased superannuation costs; \70 million for pressures on demand-led schemes and to meet the costs of hospital services; and a net shortfall in receipts of \83 million. Notwith- standing the serious difficulties facing the public finances, the Government is committed to providing the necessary additional resources to prevent the spread of the H1N1 virus. There has been a higher than anticipated level of retirements this year due to a higher number than usual of employees with sufficient service retiring, even if they have not reached the compulsory retirement age. Payments in respect of these retirements have to be met this year. The shortfall in receipts largely arises in respect of the health levy with a shortfall of \102 million, due to the unemployment trend. This is partially offset an increase of \37 million in respect of UK migrants. An additional \25 million capital is also being provided to fund priority mental health projects. The funding is to help meet costs incurred for the commencement of the modernisation of mental health infrastructure in line with A Vision For Change. The technical Supplementary Estimate in respect of the Vote 41 — Office of the Minister for Children and Youth Affairs — is necessary to allow payments to take place under the new early childhood care and education scheme in this year’s supplementary budget. The scheme comes into effect on 1 January and will provide free preschool education for young children. As already indicated by the Minister for Justice, Equality and Law Reform, the main driver of the increase relating to the justice Vote group is Garda retirements, which are overrunning by some \35 million in the current year. Vote 20 — Garda Síochána — had funding to cater for approximately 400 retirements, which was deemed realistic given that the number of gardaí who retired in 2008 was 258. The actual number of gardaí who have retired to date is in the region of 800, or twice that estimated in the original allocation. I understand from my colleague, the Minister for Justice, Equality and Law reform, that the reason for this dramatic increase appears to relate mainly to personal financial circumstances. Another contributing factor was the raising, in 2006, of the compulsory retirement age for members up to and including inspec- tor rank from 57 to 60 years of age. This is now beginning to have an impact. I reiterate what the Minister for Justice, Equality and Law Reform said in his address to the relevant committee. While the amount sought in additional Exchequer funding is \15 million, the balance of the additional cost of these retirements is to be funded in this Supplementary Estimate through the use of surplus receipts and the reallocation of savings in other areas from within the justice group. The technical Supplementary Estimate required for the Vote 19 — Justice, Equality and Law Reform — in order to bring the \12 million in surplus receipts above the line to meet overruns in the demand-led areas of criminal legal aid, the Irish naturalisation and immigration service and asylum accommodation. The technical Supplementary Estimate is required for Vote 22, the Courts Service, to meet the increased day to day running costs of the Courts Service, including translation, interpretation and stenograph expenditure. While the Supplementary Estimate will result in an additional \6.8 million in surplus receipts being brought above the line, only \3.8 million of 6o’clock these surplus receipts will be used to meet the overrun on the courts Vote. The remaining \3 million is being used to offset in part the cost to the Exchequer of the increased level of Garda retirements. The Department of Defence requires a Supplementary Estimate of \7.2 million for Vote 37, Army pensions. This amount is needed as the number of personnel leaving the Defence Forces

311 Estimates for Public 8 December 2009. Services 2009

[Deputy Willie O’Dea.] and qualifying for a gratuity and pension is higher than had been anticipated when compiling the original Estimate. This trend is expected to continue to the end of the year requiring this additional allocation. A shortfall of \1.3 million is projected for appropriations-in-aid. This arises from a requirement to refund pension contributions over-deducted from post-2004 enlisted personnel. Expected savings of \1.3 million will fund this shortfall. Regarding the technical Supplementary Estimate for the Department of Agricultural, Fisheries and Food, the principal measure is in the area of on-farm investments and the allocation of an additional \70 million to meet commitments under the farm waste management scheme. The additional funding is being provided from savings in the Vote and additional appropriations-in-aid. The technical Supplementary Estimate for the Department of Enterprise, Trade and Employment is required to enable payments from the temporary employment support scheme subhead in 2010 as it is a new service. For the Department of Communications, Energy and Natural Resources, a technical Supplementary Estimate provides an additional amount of \2.38 million arising from a reconciliation exercise in respect of the receipts from the television licence fee and grants-in-aid paid to RTE, which found an imbalance dating back to 2000. Television licence fee receipts are legally ring-fenced for public service broadcasting. This additional payment will be met from savings within the Vote. The grant-in-aid nature of the subhead means that a technical Supplementary Estimate is required in line with procedures laid down under public finance procedures. An additional \500,000 is required as a result of an increase in receipts for the petroleum infrastructure programme fund arising from an amendment to a frontier exploration licence. Each company holding a frontier exploration licence is required to pay an annual subscription to the petroleum infrastructure programme fund, which is directed at funding offshore exploration related research. These subscriptions are received in the Vote of the Department of Communications, Energy and Natural Resources as appropriations-in-aid and paid to the petroleum infrastructure programme fund from subhead E1. Under the amended terms of the frontier exploration licence, the Department has secured an additional \7.5 million over four years for the petroleum infrastructure programme fund, of which \500,000 is payable in 2009. A technical Supplementary Estimate is required in 2009 to facilitate the payment out of these additional funds to the petroleum infrastructure programme fund. The Department of Community Rural and Gaeltacht Affairs, under Vote 27, requested sanction for the virement of savings on certain subheads to meet a projected overspend of \1.3 million on the advanced Irish language skills subhead. As the projected additional expenditure would increase the original allocation in the subhead by approximately 137%, it is deemed prudent to proceed by way of a technical Supplementary Estimate. Savings that emerged under the rural social scheme, \1 million, and the Ciste na Gaeilge allocation, \300,000, are being used to fund the required additional amount of \1.3 million. While Departments use savings achieved elsewhere to offset expenditure overruns where possible, the circumstances leading to the Supplementary Estimates before the House today could not have been foreseen during the framing of the 2009 expenditure allocations. They are necessary for the continued smooth running of public services and when coupled with savings on other Votes there should be no overall addition to total net voted expenditure outlined in the Revised Estimates volume for 2009. I commend the Supplementary Estimates to the House.

Deputy Kieran O’Donnell: I propose to share time with Deputy Michael Ring.

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This is the eve of the most significant budget in the short history of the country. We are debating Estimates, some of which are revenue neutral, across a range of Departments. The Minister for Defence, Deputy Willie O’Dea, referred to a number of issues including Vote 30, dealing with the underpayment of \2.4 million to RTE in respect of licence fee receipts. The Minister described this as a reconciliation exercise but it seems to have taken nine years. My colleagues, including the Fine Gael spokesperson on this area, Deputy Simon Coveney, raised this matter at the Oireachtas committee meeting. Why did it take nine years for this reconciliation exercise to take place? This is listed as a debtor in the RTE accounts but the Exchequer accounts are done on a cash receipts and cash payments basis and this will have an impact of \2.4 million, affecting other areas of expenditure this year. If there was a dispute with RTE about licence fees in respect of social welfare recipients, why did it take this length of time and why did we not pay this sum when we could afford it? The Minister should clarify this. The Minister made reference to Votes 19, 20 and 22. Vote 20 was altered to cater for approximately 400 retirements from the Garda Síochána. That figure has now doubled to 800. In the constituency the Minister shares with me, Limerick East, the number of inspectors has dropped from 11 in June of this year to five or six by the end of this month. This is a major issue because it is important to retain people with a wealth of knowledge about fighting crime. This applies throughout Ireland but I refer to Limerick because I am a Deputy for that constituency and the Minister has great knowledge about this and has spoken about the area. What does the Government intend to do to ensure that we do not lose more front line staff, particularly in policing and the Department of Defence? The same group of Votes refers to a surplus of \12 million and relocating budgets to meet overruns in the demand-led areas of criminal legal aid and asylum accommodation. Comparing the current year to last year, some \50,000 more is spent every day this year on asylum seeker accommodation, on top of \40,000 per day more in respect of 2008. What measures does the Minister propose to reduce the cost of asylum seeker accommodation? Leave to remain applications take up to seven years to process. Fine Gael proposed a range of measures to deal with this issue and I ask the Minister to refer to them. The temporary employment subsidy scheme under Vote 34 was announced in the last budget. It has not been successful and has not worked for employers who wanted to retain employees. It was extremely restrictive because it applied only to export-led businesses. I welcome the new scheme for which applications must be made by 23 December because it relaxes the criteria, but I am worried that it does not meet the requirements. We, in Fine Gael, have put forward two schemes, a workshare scheme under which we would pay two thirds of any wages that employees would lose by working reduced hours, to ensure that employers can keep them in place, and an internship programme under which people could combine academic work with work experience. The various committees have discussed these Estimates at length. Why did the reconciliation leading to the \2.4 million payment to RTE take nine years? Why was it not paid during the good times rather than putting extreme pressure on other areas of expenditure in the current climate? What plans are in place to ensure that we do not lose front line people at the rate we are losing them from the Garda Síochána and the Defence Forces? How does the Government expect the second phase of the temporary employment subsidy scheme to work? Does it think that extending it beyond the export area will work? We must ensure that when budgets are brought in, targets are reached. How can the ordinary man understand why the \2.4 million settlement of the dispute between RTE and the Departments of Communications, Energy and Natural Resources and Social and Family Affairs, for payments dating back to 1999, is being made now when every euro is needed in the economy?

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Deputy Michael Ring: The savings of \1.29 million in the Department of Community, Rural and Gaeltacht Affairs was taken out earlier in the year. There was an embargo on people who came off the rural social scheme and were not let on but then were at the end of the year, which is fair enough. That saved over \1 million which was used for the commitment to the Irish language, to put courses in place in the King’s Inns and the Higher Education Authority. It was also saved by not paying the Christmas bonus to people on the rural social scheme, which is outrageous. People were depending on that funding this year but will not get it. What will happen at Templemore where I am told there are no new recruits although many people have retired this year? In a few years’ time we will have the problem we had a few years ago when the numbers were down. Gardaí will be taken out of rural areas and put into the cities and rural areas will suffer again. That worries me. I hope the embargo on recruitment to the Garda will be lifted immediately. We should at least keep recruits going into Templemore. Not to have them is bad policy because we will need gardaí and people will continue to retire. We will certainly need these recruits. I hope the Government will make a decision to bring recruits into Templemore.

Deputy Joan Burton: People will not pay much attention to these Estimates in the context of what they fear will happen to them tomorrow. It is interesting to consider the content of some of the Estimates, particularly for health which is one of the bigger ones, a large part of which covers changes because people are retiring early. Is it true that most of those retiring are in the nursing grades and that only 16% are administrators, of whom everyone agrees there are far too many between the Department and the HSE? Herein lies the problem. We all agree, across the House, that front line services provided by nurses, doctors, teachers and gardaí are important to sustaining society and our public services. These Estimates, however, show that these are the types of people who are leaving in large numbers because they feel extremely demoralised and fear what the future will bring if they stay on, and because their employer behaved with an unbelievable degree of incompetence in the recent negotiations. I am aware that in the run-up to the one-day strike there was a degree of intemperate media coverage which sought to make scapegoats of staff working in public services as though they were the enemy of every small businessman, enterprise and private sector worker in the country. The Fianna Fáil backbenchers listened most to these attacks because many of them are the proprietors of small and medium-sized businesses and would naturally have that point of view, which is extremely hostile to the public service. It is a pretty cheap shot to make public enemy number one not of the bankers and developers who ruined the economy, and those who fos- tered the climate of greed, but of the doctor, teacher, nurse, garda and the serving soldier, each of whom is being treated as something to be cleansed from our society. The private sector, like the public sector, has its good and bad points. Nothing is ever as black and white as Fianna Fáil would like to portray it. These Estimates show that the consequence of the budgetary decisions taken last year in the various emergency budgets and measures have resulted in a massive outflow of people from the public services. It was also clear in the negotiations which failed last week that there was another large squad of people in each Department waiting to take up a similar position. The mechanism which the public service unions had arrived at to find a bridging mechanism for 2010 with permanent savings through transformation thereafter would not have been like the fudge on benchmarking two. In 2000, public sector wages cost approximately \9 billion. By this year they were up to \20 billion, largely because in a construction-driven boom while Charlie McCreevy was receiving lots of taxes he said, “When I have it I spend it”. Money was thrown around to anybody with his or her hand out, which drove the housing and property bubble, all of which has collapsed disastrously.

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While it may have seemed like a fabulous victory for the Lenihan wing, the neo-conservative view in Fianna Fáil, I suspect it will be a pyrrhic one because it is well worth fighting for the goal of a unified, efficient, reformed public service. What has been highlighted already is that, for example, in most Garda stations and Garda districts throughout the country, the most important, senior gardaí have retired not just in ordinary numbers or in double the ordinary numbers, but to a degree that has to be extremely worrying for anyone who represents a constituency like mine or like the Minister, Deputy Willie O’Dea’s, where organised serious criminality among dedicated, professional groups of criminals and paramilitaries is a fact of life. What I fear is that the Government, as an employer, will now get the worst of all worlds from what has happened with the breakdown of negotiations. Senior, required staff in front line positions are now heavily incentivised, from a morale point of view alone, to leave and just say: “I have had enough. I am not going to deal with the fallout from this.” The consequences of this is to go down the MacSharry road with regard to what happened to our health services in 1987. Leaving party politics out of it, everybody knows that while the MacSharry changes in 1987 achieved some good outcomes, they were a total disaster for the health services. In fact, they continue to this day to be at the core of some of the problems in the health services, resulting in the crazy stuff last year where the Minister, Deputy Mary Harney, offered consultants \240,000-plus a year on a consultant contract. Of course, most older consultants have jumped at this because they can now retire relatively quickly on a highly enhanced pension that somebody who has worked in the ordinary Civil Service for many years could only ever dream about. It has not quite brought them up to the level of judges but close to it. It is difficult, in reading these Estimates, not to feel that this is a Government in its twilight months. All is chaos. Norms in regard to negotiation have been disregarded. Negotiation is always difficult and tough, and requires a lot of patience. We are historically in a post-Bertie Ahern era. He was perhaps too generous in negotiation, but he had the money to be generous and he decided to throw the money at it. That was a tactic and, for him, politically and for getting Fianna Fáil election results, it worked. That era is over. Our economy is pretty close to broke. The crazy part of what was done by the Government last week is that all of the parties in this House had agreed that the public pay bill needed to be cut, but that it could be done by agreement. Amazingly, from time to time, people in Fianna Fáil have spoken about Tallaght- style strategies. Here was a Tallaght-style strategy on offer, stating that if this could be done by negotiation, that was the way to do it. I recalled in this House two weeks ago the two key points in the Northern talks — nothing is agreed until everything is agreed, and then we all jump together. Last week, we were on course for that kind of achievement. Now, it lines in ruins around us and I do not think it can be renegotiated until there is a change of Government because the Government is now bank- rupt in terms of being able to deliver change.

Deputy Arthur Morgan: I welcome the opportunity to address the Estimates of receipts and expenditures. I do so more in hope than expectation because, unfortunately, the poor old Department of Finance has an atrocious record in terms of getting it right. It has got it wrong for some considerable time. In the good old days, it grossly underestimated the receipts and the opposite is the case since the downturn came. While I admit it is a major challenge for anybody to forecast accurately, to continuously to get it as wrong as the Department has done is some achievement. I note the National Pensions Reserve Fund remains under some pressure. Of course, \7 billion of funding was wasted in recapitalising AIB and Bank of Ireland. This was a huge waste.

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[Deputy Arthur Morgan.] The money went into the banks to recapitalise them and the expectation we all had was that the banks would begin creating a revenue stream for SMEs, with which Members from all sides of the House agreed. However, we are all hearing stories of viable businesses going to the wall because they simply cannot get enough funding to keep them turning over. The banks have not freed up credit. It would have been much better if the \7 billion, or at least a portion of it, had been put into a jobs stimulus package. We would have had more value from that than from what has happened. Every Government measure seems to have depressed receipts. The increase in VAT in the budget of October 2008, which I accept was relatively small in that it increased from 21% to 21.5%, had a massive psychological influence in that people began going North in significant numbers. It is not just a coincidence that it is around this time that the exodus to the North commenced really seriously. I hope the Minister will adopt at least one of the measures we put forward in our pre-budget submission, namely, a decrease in excise on alcohol for the Christmas period. We hear figures today that some 48% of all off sales of alcohol consumed in this State are purchased in the North, which is scandalous. If the Minister reduces the level of excise on alcohol for the Christmas period, I have little doubt that it will massively enhance the Exchequer take here. Alcohol is one of the key factors in people choosing to go North. To give one example, on Sunday last a football club was doing a bag-packing process in Sainsburys in Newry. One of the members of the club told me that three friends in their 20s from County Tipperary came through, saying they had heard of the prices in the North and decided to check them out. The first man had STG£490 worth of alcohol in his trolley, the second had over STG£500 worth and the third had approximately STG£380 worth. They had nothing else but alcohol — no other goods, sweets or confectionary of any kind. The men said the reason they had bought this amount was that when they arrived, they texted home to their friends to tell them deals were available and they were asked to get them whatever they could get. Alcohol is one of the main motivating factors for people going North. I hope the Government takes the opportunity tomorrow, in the budget speech, to announce that it will reduce excise. It is not just about supermarkets, off licences or businesses along the Border corridor. It is right down as far as Clare and Cork, and the example I have given is a midlands county. We need to do something to stop the haemorrhage of business on one of the anchor products — alcohol. I am not encouraging the use of alcohol by any means. I am simply observing that we need to deal with this issue as alcohol is going to be consumed in any case, which we all know. It is just a matter of dealing with it. I hope that opportunity will be taken tomorrow. What I would like to see in any event — the Minister will not be surprised at this — is harmonisation of taxes across the island, which would stop the seesaw effect we get, for example, in regard to diesel and petrol, which people come here from the North to purchase. There is no doubt the Border counties on the Southern side are enjoying something of a benefit in that regard. I hope we can get a position of stability so that this seesawing does not happen. It has closed all the Northern filling stations, but it is not that long since most of the Southern ones were closed. I note that capital gains tax and capital acquisition tax are expected to fall. I have advocated in the Sinn Féin pre-budget submission that we increase the rate of capital gains tax from 20% to 40%. These are wealth taxes — they are not productive taxes — so there is no reason that we could not increase them from 25%, the current rate of capital acquisition tax.

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Acting Chairman (Deputy Seán Ardagh): We are discussing Supplementary Estimates, not the Estimates for 2010.

Deputy Arthur Morgan: I appreciate that but given the proximity of the budget, I felt it was important to take this opportunity to say that, given the connection between the two. We all know there will be a substantial cut to the health and education budgets. Deputy Willie Penrose tried to raise the issue of the hospital in Mullingar under Standing Order 32. I sympathise with him and his constituents because Louth County Hospital is about to lose all of its acute medical services to Our Lady of Lourdes Hospital in Drogheda, a hospital that does not have the capacity for those services. This proposal will leave a catchment area with a population of more than 100,000 people without acute medical services, accident and emergency cover or intensive care services. It is completely unacceptable. If we look at the Adjournment debate matters and matters raised under Standing Order 32, we can see how Members are continually pleading for school upgrades in most constituencies. It is most unfortunate that the Government has not taken the opportunity to invest some funds from the National Pensions Reserve Fund in a school building programme. That would kick- start the construction sector, get apprentices and tradesmen back off the dole and would give our children the opportunity to be educated in schools that are fit for purpose instead of in draughty, damp prefabs. It is unacceptable that opportunity is not being taken. I hope that the Government collectively has listened to some of the voices on this side of the House because there is a cohesiveness on education and health. Provision should be made to give the people of the State those services. We cannot talk about a knowledge economy while failing to address these problems. When there is no adequate IT provision in schools, we will not develop a knowledge economy any time soon. If the Government is serious about this, it is time to deal with those issues and I hope it will do that. Unfortunately, there will probably be a further rise in unemployment, particularly among the under 23s. There is not enough provision in the education system or jobs for them. What will they do? In many cases, unfortunately, they will be sent back to the emigration boat, a scenario from the 1980s. That is regrettable, given we have had almost a decade of significant income streams to the Exchequer. They were not used for proper, sustainable infrastructure, but spent willy-nilly so it is no wonder that we are in this difficulty.

Minister for Defence (Deputy Willie O’Dea): I thank all Members who contributed. Deputy O’Donnell referred to Vote 30 and the repayments to RTE. The Deputy will note that it is only a technical Supplementary Estimate. This means there is no increased provision for the Department; it is being done with savings within the Department. I take the point about nine years being a long time for reconciliation.

Deputy Kieran O’Donnell: Perhaps they wrote it out long-hand.

Deputy Willie O’Dea: I understand the amount was being continually disputed. Perhaps there is a more rational explanation but it does not require an increased allocation for the Department.

Deputy Kieran O’Donnell: It could be taking money from other areas.

Deputy Willie O’Dea: I take that point; it involves money that could be spent in other areas. On the Garda Síochána, 258 retired in 2008 so we expected around 400 retirements this year. Unfortunately, the figure has reached 800. It is important to retain people who have knowledge

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[Deputy Willie O’Dea.] but Garda promotions are still taking place and senior posts are being sanctioned and filled. My colleague, the Minister for Justice, Equality and Law Reform, has made specific proposals that he has sent to the Department of Finance and I expect he will get a positive response. The position is the same for the Army. I have received sanction for 50 promotions as a first instalment recently and those will be expanded on. I have also been given permission to start to recruit to keep the numbers at about 10,000.

Deputy Kieran O’Donnell: Is it true there are no further trainee gardaí entering Templemore, that the last intake has just arrived there?

Deputy Willie O’Dea: My advice is that the Government proposes to maintain the size of the force as it currently is; it will not be increasing.

Deputy Joan Burton: This is a great example of mental reservation.

Deputy Willie O’Dea: The same thing applies to the Army.

Deputy Joan Burton: That is a mentally reserved answer.

Deputy Kieran O’Donnell: What about the intake into Templemore?

Deputy Willie O’Dea: I will find out and let the Deputy know.

Deputy Joan Burton: We already know the answer.

Deputy Willie O’Dea: If the Deputy knows the answer, why is she asking the question?

Deputy Joan Burton: The Minister should move from denial to reality.

Deputy Willie O’Dea: In the face of this whining and whingeing, these bean sí interventions, I am trying to answer.

Deputy Joan Burton: Could the Minister stop muttering through his moustache?

Acting Chairman: That is most unparliamentary.

Deputy Willie O’Dea: On asylum seekers, it is taking longer to move people. They are exercising their right to seek a judicial review. The numbers have not increased but those who are there are spending longer in accommodation while pursuing their legal rights. Deputy O’Donnell said the temporary employment subsidy scheme is very restrictive and I agree. There are two factors — the scheme must be flexible enough to work and it must be done within the terms of state aid rules. We hope the new scheme will operate as intended. Deputy O’Donnell also mentioned the importance of reaching our target. As I said, what we are providing for here, in total and including the earlier \69 million, is 0.75% of total net voted expenditure. I can recall budgets in this House where Ministers came in for Supplementary Estimates on the eve of the budget that exceeded that amount. In the light of gardaí retiring, Deputy Ring made the point that it is important that gardaí are not moved from rural areas into cities. I could not agree more; I am very conscious of this. We have a phenomenon in my part of the country, and I am sure it is the same elsewhere, where people come out from cities and commit horrendous crimes against the rural population.

318 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Instruction to Committee

Deputy Morgan made a suggestion about excise duty. The Deputy will forgive me for not announcing parts of the budget in advance but he does not have long to wait to find out if his suggestion has been taken up. Deputy Morgan also asked about increasing capital gains tax from 20% to 40%. I have news for the Deputy — it is no longer 20%. We increased it to 25% and the returns have dropped catastrophically. That trend would continue if we increased it to 40%. Deputy Burton asked about the identity of retirees from the Department of Health and Children. I will have to get her the information on the different grades and the extent to which front line staff and administrative staff are involved. Deputy Burton’s interpretation of what happened last week is totally and absolutely at variance with the facts. I find it surprising to say the least. I was in the House last week when the original deal with the unions was mooted and the biggest cries of protest came from the Labour Party. Even when that deal has broken down and we are gone in the opposite direction, it is still protesting so we cannot win. Deputy Burton also referred to victory for the Lenihan wing of Fianna Fáil. I am not aware there is any wings in Fianna Fáil. I am aware though that whenever the Labour Party happens to be in office there are two wings, one on the backbenches and the other on the Front Bench. During the past year, the environment in which we operate has changed. At a time when we are experiencing such severe economic and fiscal challenges, it is even more important that our public services are organised and delivered in the most efficient and cost-effective way possible. I commend the Supplementary Estimates to the House.

Votes put and agreed to.

Communications Regulation (Premium Rate Services) Bill 2009: Instruction to Committee. Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I move:

That, pursuant to Standing Order 172, Standing Order 127 is modified to permit an instruction to the committee to which the Communications Regulation (Premium Rate Services) Bill 2009 may be recommitted in respect of certain amendments, that it has the power to make provision in the Bill in relation to amending the Communications Regulation Act 2002, by amending section 52, section 53, section 55, section 56, section 60 in Part V of the Communications Regulation Act 2002 and any consequential amendments to any other sections in the Communications Regulation Act 2002 in order—

— to extend the provision to grant consent and set conditions for consent in section 53 of the Communications Regulation Act 2002 to the NRA, for all national roads; with local authorities retaining the consent-giving authority for local and regional roads;

— to update the provisions in relation to the consent procedure set out in section 53;

— to provide for the NRA to make a scheme to charge for the use by network operators of ducts on national roads provided by an authority;

— to amend the provisions concerning emergency roadworks;

— to amend the provisions in relation to cost apportionment for electronic communications infrastructure relocation due to road improvements;

319 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Instruction to Committee

[Deputy Eamon Ryan.]

— to provide for specific conditions in legislation that may be set by an authority, without prejudice to any other conditions they may also set;

— to update the provisions in dealing with regulations and policy directions to road authorities;

— to update the provisions on service of notices;

— to update definitions;

— to make any consequential amendments needed to take into account the changes above.

The amendment I am introducing to this Bill relates to Part V of the Communications (Regulation Communications (Regulation) Act 2002. Part V of that Act provides for local authorities to grant consent to telecom operators to open public roads for the establishment of underground communications infrastructure. Under the 2002 Act, local authorities were the sole consent-giving authority in this regard for local, regional, national roads and motorways. The main purpose of this amendment is to designate the NRA as the consent-giving authority for national roads, which includes motorways. This is to facilitate the National Roads Authority making available its ducting on national roads, including motorways, to facilitate the roll-out of high speed fibre networks to the regions. Much of the text in the amendment is very similar to the text of Part V of the Communications (Regulation) Act 2002. Many of the textual amendments are to extend references to “an authority” to include the NRA as well as the local authorities. This amendment also aims to balance the needs of telecom operators while also ensuring the safe operation of the road network. I will now set out the key changes that are being proposed. First, the provision to grant consent and set conditions for consent in the 2002 Act is to be extended to the NRA for all national roads. Local authorities will remain the consent-giving authority for local and regional roads. Second, the proposed amendment will provide for the NRA to make a scheme whereby it can impose charges for the use by network operators of ducts on national roads provided by an authority. This will be subject to the approval of the Minister of Transport following consultation with the Minister for Finance and the Minister for Communications, Energy and Natural Resources. Third, under the Communications (Regulation) Act 2002, consent is not required for emergency roadworks but a network operator is required to notify the authority as soon as practicable in advance of the commencement of the emergency roadworks. The proposed amendment deems consent to be granted for emergency road works. This is to facilitate rapid response by network operators to fix faults. The amendment retains the current requirement for advance notification to the authority by the network operator but, unlike the existing 2002 Act, also allows conditions to be imposed by an authority during the progress and after the emergency roadworks. This is to ensure that such roadworks are carried out having regard to the safety of all road users and that the road in question is not left in disrepair after the works are completed. Fourth, section 55 of the Communications (Regulation) 2002 Act deals with cost apportionment for relocating electronic communications infrastructure due to road improvements. The 2002 Act provides that, where a road authority undertakes roadworks, it pays to a network operator all reasonable costs incurred by the operator in relocating its infrastructure. It is proposed that this provision will be retained.

320 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Instruction to Committee

However, it is intended to include a provision that the NRA will not incur any costs relating to the relocation of network operators’ telecoms equipment in ducts on national roads that have been provided and made available by an authority. Finally, it is proposed to provide for specific conditions in legislation that may be set by the local authority or the NRA without prejudice to any other conditions they may also set. The specified conditions include any losses and liabilities that the road authority incurs from a third party, which are caused by any act undertaken by the network operator, can be passed on to network operators; in cases where ducting assets on national roads are provided, and made available, by an authority, to a network operator, the authority will not be liable to that network operator for any loss or damage howsoever caused to the electronic communications infrastructure unless it was caused by gross negligence or wilful neglect on the part of the authority; and the authority will be allowed have representatives present during works to supervise compliance. While there are other consequential minor textual amendments included, the changes I have outlined are the most significant. I believe that these changes will greatly streamline the process for getting access to ducting running along national roads and motorways for telcos. The proposed changes seek to strike a balance between the need to encourage and facilitate greater investment in broadband roll-out with the need to ensure that our road network is managed and operated in a manner that ensures the highest possible safety standards for all users.

Deputy Liz McManus: I did not get a copy of the Minister’s speech. Is there a problem with it?

Deputy Eamon Ryan: I understand copies will be available as soon as possible. These changes are also in line with the policy goals around establishing a one-stop-shop aimed at pulling together the various disparate pieces of State-owned ducting infrastructure into a more cohesive, seamless and cost-effective network.

Deputy Simon Coveney: It has been a slightly unusual day in terms of this legislation. People were not sure whether they were coming or going in terms of the timing of it, but we are here now and we will be debating the legislation in general until later this evening. My understanding is that we are debating the motion essentially to recommit this section of the legislation to committee so that we can discuss its contents. The Minister will be aware that although the parties opposite him are anxious to facilitate this legislation, we are far from happy about the way it is being brought forward. Having said that, I want to use this opportunity to make some comments on the long amendment which, essentially, is a new piece of legislation that the Minister and his Department have chosen to add to what was the Communications Regulation (Premium Rate Services) Bill but is now becoming much more than that. I thank the officials in the Department for taking the time to brief me today, but, let us be clear, this is not the ideal way to do business. My concern, for what it is worth, is that there is no opportunity for me to amend the new Bill because we are recommitting it to Committee Stage so that we can debate the amendment and there is no facility for the Opposition parties to amend the new Bill or the amendment, as is the case. That is a problem because we are not doing our job, and we are not allowed do our job. We put down an amendment on Committee Stage but we have not had an opportunity to amend what the Minister has tabled, which is a different amendment to the one rejected on Committee Stage because it was not seen as consistent with the legislation. The actual legislative process whereby the Minister and his Department puts legislation together and asks people like me and Deputy McManus to look at it, give our observations and

321 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Instruction to Committee

[Deputy Simon Coveney.] make amendments as appropriate is not happening and cannot happen unless I am misreading something. I do not see how we can do it between what is now a recommittal to Committee Stage and what will be Report Stage later because there is insufficient time to do that. Perhaps the Minister will clarify that position for us but that is my reading of it. In terms of the substance of what the Minister is proposing, it is a significant improvement on what we have at present. It is totally unsatisfactory that the NRA has ducting along all its motorways and much of its national roads so that it cannot allow access to roll-out fibre for broadband purposes across the country. The Minister’s amendment changes the Bill significantly. Instead of telcos, telephone companies, having to deal with local authorities when wishing to access road infrastructure or to dig up roads in order to install ducting for laying fibre, they will now deal with the NRA. This is a welcome provision. For a backbone piece of fibre infrastructure to be laid between Cork and Dublin, it would in the past have been necessary to deal with all the local authorities along the way and now there will be only one authority, the NRA. I understand this legislation is to make a one-stop-shop available to telcos which will help streamline State-owned infrastructure in the laying of fibre or accessing ducting or sharing infrastructure and so on. However, we do not know how the one-stop-shop will work. I ask the Minister to outline how long it will take to put the one-stop-shop concept into action. We still do not know what it will look like, what its powers will be or whether it will just be an office along the lines of a citizens’ information office where telcos can access information about the ducting regarding its location, ownership and management and contact names. It could be that the one-stop-shop will do this work for them, but we do not know how that will work. The House is passing legislation to allow the NRA to make its ducting available at a cost to telcos and we are asking it to take responsibility for the national roads network when negotiating with the telcos. The absence of information sums up the unco-ordinated approach towards the roll-out of fibre in particular. I am pleased that the Minister plans to introduce a charging mechanism. This Bill will allow the NRA for the first time to charge for the use of its ducting. This is necessary but I would like to see much more co-ordination between all the State-owned ducting in the charge of the NRA as well as elsewhere so that when a privately-owned telco comes to Ireland or wants to expand its infrastructure, it is not forced to deal with a multiple of different State companies and agencies as is the case at present. The NRA is yet another agency to add to that number. It will allow for some progress on ducting on the roads network but it still adds to the myriad of different agencies with which telcos must deal. The Minister has dealt with the issue of emergency road works in a sensible manner. On the question of who pays for the relocation costs associated with roadworks and the moving of ducting or fibre, the Minister has got the balance right. However, when NRA-owned ducting is being rented for the purpose of laying fibre to a telco and if the ducting needs to be moved to accommodate roadworks, then the NRA should be obliged to cover the extra cost of moving that fibre as well as the moving of the infrastructure. This is one area where the Minister should consider an amendment when the Bill goes to the Seanad. I will not vote against this new legislation because I recognise the need to ensure that infrastructure being paid for by taxpayers can be accessed by telcos and can improve the broadband backbone infrastructure in Ireland. This is being facilitated in this Bill and is to be welcomed. I appeal to the Minister to get his one-stop-shop concept up and running. We need to see how it will work. This process should not be delayed further. The Fine Gael approach is different from that of the Minister. Under our approach, all State-owned broadband infrastructure would be under the ownership and management of one new State company which would

322 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage market the asset. There would be a web of infrastructure to facilitate the roll-out of fibre and other forms of broadband in a more co-ordinated way than is the case at present. The Minister’s alternative proposal is the concept of the one-stop-shop which is a less desirable approach, but it is better than what we have at present. If the NRA is to be involved in the broadband infrastructure area, then the one-stop-shop should be put in place to help it. I question if the NRA has telco expertise and I suggest it has none. I will return to this subject on Report Stage. I understand the Minister will not be present for Report Stage this evening and that this is unavoidable. However, I ask him to move ahead with his co-ordinating body which he has christened the one-stop-shop so that we can make life a lot easier for the companies wishing to spend money in Ireland by rolling out broadband infrastructure.

Acting Chairman: I was under the impression that the spare copy of the Minister’s script was to be photocopied and that both Deputy McManus and Deputy Coveney would receive a copy. However, Deputy Coveney was the first speaker and he was given the copy so I regret that Deputy McManus did not receive a copy.

Deputy Liz McManus: I have just received a copy now. I appreciate that Deputy Coveney would need to have a copy. It is not good enough that Members have to come begging for copies of a Minister’s speech. I do not wish to labour the point but when the Minister is making his contribution, we should have a copy of what he is saying. It is a reference for us and is useful, and it leads to a better debate. This is so obvious that I am embarrassed to even mention it. It really raises questions about how this Bill has been managed. We were dealing with a Bill to cover the ground relating to premium rate services and difficulties encountered with standards not being applied in that sector. This is the subject matter of the Bill. Regtel was to be abolished and amalgamated with ComReg and this was the focus of our attention. In reply to a parliamentary question last week, the 7o’clock Minister made the point very clearly that he did not intend to introduce any amendment on Committee Stage but rather on Report Stage and relating to a matter that had absolutely nothing to do with premium rate services. The Opposition supports the principle of the amendment but, as Deputy Coveney has pointed out, we do not have an opportunity to amend or put forward amendments to what the Minister is proposing. We tried to be helpful by putting forward a Government-framed amendment on Committee Stage but it was ruled out of order as not being relevant to the Bill. At least there is logic in that ruling, but this highlights the illogical approach taken by the Minister and it is very unsatisfactory. It adds salt to the wound when, as Members, we are trying to catch up and do credit to the Bill and the changes in it, but we cannot have a copy of the Minister’s speech. I hope I have made my point. We want to see this type of development where the National Roads Authority will take on responsibility for enabling telcos to access ducts. It makes sense to deal with one authority when a national primary route travels through several counties.

Debate adjourned.

Private Members’ Business.

————

Dublin Docklands Development Authority (Amendment) Bill 2009: Second Stage. Deputy Phil Hogan: I move: “That the Bill be now read a Second Time.” I wish to share time with Deputies James Reilly and Fergus O’Dowd.

323 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage

[Deputy Phil Hogan.]

I thank the Ceann Comhairle for affording an opportunity in Private Members’ time to move this Bill, the purpose of which is to give the Comptroller and Auditor General the power to audit the Dublin Docklands Development Authority, DDDA. The legislation is necessary in light of the exposure of bad practice, lack of corporate governance and financial impropriety which has taken place in the authority for much too long. The important task of regeneration cannot be endangered by reckless financial management of a planning and development authority of the State. The Dublin Docklands Development Authority was established as a State body with a commercial remit. It is interesting that the commercial aspect of its remit appears to have become secondary to the intrigue and bad practice that have taken place in recent years. Seven o’clock on the night before the most brutal budget in the history of the State is not a great time to register the full scandal of the Dublin Docklands Development Authority. I am sure those who managed the authority into disgrace and insolvency are relying on that fact, hoping that it will be forgotten about as the nation tries to cope with the more personal pain tomorrow’s budget will inflict. I assure the House that, as Fine Gael Party spokesman on the environment, the people responsible for the activities and bad management that have taken in the Dublin Docklands Development Authority will be brought to book. I will not allow them to hide behind circumstances, conceal their malfeasance behind complexity or take refuge behind the good work the authority has done in the area of social regeneration, education and community development. What my colleague, Deputy Leo Varadkar, revealed in respect of FÁS was monumental irresponsibility and spending without objective. The indications are that a similar approach was taken in the Dublin Docklands Development Authority. Management in FÁS was so focused on its supposed entitlement to first class global travel that it failed to pay attention to the failure of the agency to deliver on its mandate. What we see in the Dublin Docklands Develop- ment Authority is arguably worse. A dream was destroyed as the property development arm of the authority went out of control. This dream was to take a chunk of derelict Dublin, revive and reinterpret it and turn it into a world class riverside amenity and business district which would attract people back into the city and create employment, educational possibilities and a new skyline for the city. The dream turned into a nightmare as it was sacrificed to the irrational greed of a few developers and financiers who regarded the Dublin Docklands Development Authority as the ultimate soft touch, which it proved to be. Depending on one’s point of view, the best or worst example of how the Dublin Docklands Development Authority went completely off the rails was its involvement in the Irish Glass Bottle site in the Poolbeg Peninsula. The authority entered a partnership with two private property developers, Mr. Bernard McNamara and Mr. Derek Quinlan, to form a joint venture company to purchase the Irish Glass Bottle site. We have learned from documents I sourced using the Freedom of Information Act that in October 2006 the chief executive of the DDDA informed his board that Mr. Bernard McNamara was about to make a bid for the Irish Glass Bottle site in Poolbeg. Mr. McNamara said he would be happy to accept the DDDA as joint venture partner. Why would he not be happy given that it was the local planning authority of the area? This version of events is disputed in the courts by Mr. McNamara who alleges that Mr. Paul Moloney, the then chief executive of the authority, approached him. Why would Mr. Moloney make such an approach? The only conclusion I can reach is that he did so at the suggestion of members of the board who had a vested interest in the matter or because he wanted to play with the big boys and did not want to be left out during a period when many people were making gains from the Celtic tiger.

324 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage

An Leas-Cheann Comhairle: While I do not wish to interrupt, Deputies should, as far as possible, avoid referring to people outside the House by name unless the issues they raise are in the public domain or on the public record.

Deputy Phil Hogan: I am stating the facts as they occurred. I will, however, take account of the Leas-Cheann Comhairle’s remark. The difference between the purchase of the glass bottle site and previous cases in which the Dublin Docklands Development Authority bought property is that other private developers planned to purchase the site. As the local planning authority, why would the DDDA want to enter a joint venture with a property development company at the height of the Celtic tiger? This key question has not been properly answered. When she appeared before the Joint Com- mittee on the Environment, Heritage and Local Government last week, the new chairperson of the Dublin Docklands Development Authority, Professor Niamh Brennan, could not give a satisfactory explanation as to the objectives or reasons that would propel the authority to become involved in this project at a time when property values were high and many people were interested in getting involved in property. I hope the Minister will indicate that he plans to provide an answer to this key question. The Irish Glass Bottle site was sold by tender in October 2006. The site was bought for \412 million or \17.2 million per acre, a phenomenal price which broke previous records. An additional sum of between \50 million and \90 million was set aside for remedial work, including demolition and decontamination. Board meeting minutes acquired by the Fine Gael Party show the former Minister for the Environment, Heritage and Local Government, Deputy Dick Roche, signed off on increasing the authority’s borrowing limit to facilitate the deal and sanctioned the acquisition of shares in the joint venture company. It is interesting that last week Professor Brennan was a little unsure about the role of the Ministers for the Environment, Heritage and Local Government and Finance in signing off on these matters. Many questions remain to be answered about the Government’s role in this disastrous deal. I ask the Minister to assure the House that he is anxious to resolve these matters and that he will be up front on what has occurred and what he proposes to do about it. I expect him to support this legislation as, rather than providing an opportunity to delay decisions, it will enable the House to ensure another quango is subject to legitimate accountability in response to recent revelations that a State body with a commercial remit has suffered massive losses and a massive shortfall in the moneys accruing to it. The value of the Irish Glass Bottle site has declined from \412 million to \50 million. Even using the questionable valuation of longer economic value applied by the National Asset Man- agement Agency, the site is still only valued at \62.5 million. The use of NAMA valuations for properties held by the State is a practice with which I disagree. Will this methodology be used to value local authority lands, IDA property and other State properties for the annual reports which will come before the House? The Government must provide clarity on whether State agencies can value property based on its long-term economic value rather than current market value. The Minister has strong views on this matter and must assert himself. It is obvious that the decision to get involved with private property developers using Anglo Irish Bank finance to purchase a greatly overpriced site has backfired spectacularly. The Dublin Docklands Development Authority has posted an operating loss of \27.1 million for 2008 with a final deficit of \213 million as a result of massive write-downs on its property. How did the DDDA get into such a position? Was it a soft touch for developers? It was certainly a soft touch for the boys in Anglo Irish Bank, the most prestigious financial club in town. The bank populated the board of the authority and ran it as if it was the riverside branch of its operations

325 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage

[Deputy Phil Hogan.] and a part of its personal fiefdom. The authority became the playground of Anglo Irish Bank personnel. Those appointed to the DDDA board had to be the right people for the then Taoiseach, Deputy Bertie Ahern, and Anglo Irish Bank. Fianna Fáil populated the board of the Dublin Docklands Development Authority with Anglo Irish Bank officials for years. It was chaired by Mr. Lar Bradshaw, who served for a ten-year term until May 2007. He was replaced by Mr. Donal O’Connor, formally managing partner of PricewaterhouseCoopers. Mr. O’Connor resigned when he was appointed to the chair of Anglo Irish Bank in December 2008. Mr. O’Connor’s predecessor as chairman, Mr. Seánie FitzPatrick, was also a board member of the Dublin Docklands Development Authority from 2002. The board did not follow best practice rules for conflict of interest and we have established as much. Far from it. The Anglo Irish Bank board members took part in the special board meeting at which final approval of the purchase of the Irish Glass Bottle site was debated. They gave full blessing to a deal that used their bank’s finance to purchase land that broke all price records. However, the Dublin Docklands Development Authority insisted there was no conflict of interest. The chief executive must have known this would become an issue because other board members were still concerned about a perception of conflict of interest and we have the minutes to show this. The role of Anglo Irish Bank in the Dublin Docklands Development Authority corrupted its original goal. Anything the Anglo Irish Bank boys wanted was theirs and it was as simple as that. They sought the Dublin Docklands Development Authority as a partner in a vast development and this is no surprise because of its planning function. The discussions surrounding the purchase of the site were between the Dublin Docklands Development Authority, Anglo Irish Bank, Mr. McNamara and Mr. Quinlan on the basis of the density of housing and commercial development on the site. It was up to them to decide on that. A State body put most of its time, expertise and money at the disposal of Anglo Irish Bank. When the Anglo boys said “Jump”, the only question put was “How high?”. The end result was gross, outrageous overspending and bad and doubtful debts which have contributed to a deficit of almost \213 million in the overall accounts. The new chairperson of the Dublin Docklands Development Authority, Professor Niamh Brennan, was understating the situation somewhat when she remarked during the recent meeting of the Oireachtas Joint Committee on the Environment, Heritage and Local Government that Anglo Irish Bank carried out very extensive work with developers and, as a result, its relationship with developers led to the authority having a pro-developer position. She further remarked that the association between Anglo Irish Bank and the Dublin Docklands Develop- ment Authority has not served the authority well. She was perfectly correct. It is obvious that having Anglo Irish Bank officials involved in approving questionable investment decisions by the authority using Anglo Irish Bank financing was a completely unacceptable situation. The end result is a sense of community betrayal and baffling questions for the public as it watched the cranes cease to move over the half-built headquarters and as it absorbed the news that the U2 tower was never going to materialise. As early last December, the authority examined all its programmes to establish how much could be cut because of the activities of the executive and the board of the authority. All community programmes on education, social housing and integration were considered for a budget cut. No one called for responsibility to be taken by those already on the board who made these decisions. No one in the organisation was approached for the purposes of retrieving some of the money for the irresponsible actions and decisions made. The only people to suffer will be the little people, those who required the benefits for which the organisation was estab-

326 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage lished such as employment, education, community development and social housing facilitates. Funding for all such programmes was cut. The chairperson has now informed us that all discretionary expenditure is being cut and that it will have to move back to the old premises. I can only image how shell-shocked the local residents of the docklands are as a result. The question to which we must get an answer is simple: what the hell has been going on in Dublin Docklands Development Authority? I understand the Minister and Professor Brennan have commissioned two reports, which is welcome. I trust they will produce some clarity about the financial dealings and the corporate governance issues. The Anglo Irish Bank personnel who were intricately involved with the authority have been playing charades throughout the years. It was a case of Lanigan’s Ball and “I step in, you step out again”. Any time a decision was to be made by the board that involved favouring one of the Anglo Irish Bank boys’ pet customers, they received preferential treatment. The Dublin Docklands Development Authority boys played dumb. They were as dumb as trees and as thick as planks. A perfect example is the case of Becbay, a consortium the Dublin Docklands Development Authority management was central in forming and it now owns somewhat greater than one quarter of the stake. One might question why such people as Mr. Bernard McNamara and Mr. Derek Quinlan would need the Docklands Authority as a partner. It was not simply for planning issues. The authority had no track record in such partnerships. It was easy fodder for the developers who gained a partner which provided an inside track on planning matters and the State. Recently, it has been brought to our attention that the Dublin Docklands Development Authority provided a \43 million soft loan to Becbay to develop the Irish Glass Bottle site. It was an interest free, long-term and unsecured loan. We would all be delighted to have access to such facilities whether for personal or corporate uses. However, this is an example of a situation in which there was no regulation. There was no transparency or accountability and everything was out of control. That is why we seek the introduction of this legislation as soon as possible. This Fine Gael Bill should be agreed as soon as possible to get to grips with matters of accountability and such that probing by the Comptroller and Auditor General which will get to the root of why certain decisions were made, how they were made and what was behind those decisions in respect of a small number of individuals and which has, ultimately, led to the taxpayer being ripped off. Even before the stripes fell off the Celtic tiger, it was not easy to secure such a loan from anyone to do anything. The DDDA loan was subordinated to the loans of the secured lenders to Becbay, with the result that the authority was assuming a greater risk in lending to the firm than the bankers to the project. What great people those on the board of the Dublin Docklands Development Authority were. They took an even greater risk than the banks which, as we are aware, took many risks at the time. It is no wonder people are outraged at the decisions taken by the management on the issues sanctioned by the board. However, from the picture I have painted this evening, it is possible to see there is good reason that key individuals and players at board and senior executive level were in cahoots to ensure that they were part of the action. The \43 million has now been written off, according to notes to the accounts of the authority published recently. The authority also guaranteed \29 million of Becbay’s bank borrowings, plus a 26% share of any interest on its loans, for the full term of those loans, representing another albatross around the neck of the taxpayer who will, ultimately, have to pick up the tab through the Minister.

327 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage

[Deputy Phil Hogan.]

As the stripes were peeling off the Celtic tiger, the Dublin Docklands Development Auth- ority was so eager to get involved with Quinlan and McNamara and it willingly subordinated its money to the loans made by the banks to the same project. At a time when anybody with two brain cells could see that the so-called soft landing, to which the then Minister for Finance, Deputy Brian Cowen, often referred, would come sooner rather than later, the chief executive officer of the DDDA effectively informed Mr. Quinlan and Mr. McNamara that they could count on the authority for \43 million, not to worry about paying it back, to take their time in doing so, that there was no hurry and not to even consider paying interest. It remains for the Minister to make several decisions tomorrow. A good deal of money has been wasted by irresponsible behaviour despite the purpose of the authority to work for the people that the Minister, everyone else in the House and I try to represent and help. The last thing we seek is for the people who made these decisions to get away scot free, as has happened on many occasions in the past. The board members throughout the years, some of whom I have referred to tonight, should be brought before the relevant organisations and accountable structures, even if it involves the Office of the Director of Corporate Enforcement, to account for their stewardship and for the irresponsible decision making carried out in our name. The Dublin Docklands Development Authority approach was like a mad version of the housekeeper in “Father Ted”, who used to say “Ah, go on, go on, go on”. However, they will not pay it back.

Deputy James Reilly: The sandwiches are gone.

Deputy Phil Hogan: Their mantra is, “We will not, we will not, we will not pay it back or be accountable”. There will be a situation in which the Dublin Docklands Development Authority and its debts will be written off and will go down the tubes. It will be a very sad day for anyone in the Houses of the Oireachtas to have to report this for an organisation established with the noble objectives of reviving and regenerating an area of the city that needed it. All we have witnessed is the big boys with their vested interests getting away scot free with taxpayers’ money. I call on the Minister to change this and to give a solemn commitment to the House that this will not take place. The Dublin Docklands Development Authority was so attractive to developers because, apart from the soft loans available, it had access to planning permission. There is, of course, the small matter of \5.5 million of expenditure on lawyers by the DDDA. I note a significant increase in legal expenses in recent years in the accounts, especially from 2005 onwards. The reasons for that have never been explained. Perhaps the Minister can explain the legal and other expenses that have accrued into massive amounts that shot up exponentially in recent years to a far greater extent than should have been the case. There must be a reason for that. In addition, litigation must be taking place behind the scenes that has not been held to account by this House. That expenditure resulted from people going to court who did not get planning permission or promises of securement fulfilled. I understand Mr. McNamara is going to court tomorrow to resume his case against the Dublin Docklands Development Authority. The Davy nominees are going to court with Mr. McNamara. I have come to the conclusion that it is a case either of thieves falling out with each other over the manner in which the docklands area was ravaged, with the taxpayer picking up the tab, or there are genuine reasons for people going to court in order to get their legitimate agreements enforced. This issue smells. As I described it last week, it is a financial septic tank

328 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage at this stage. Unfortunately, the players are bringing the entire area of financial probity into disrepute. I do not wish the Minister to be part of that. Davy’s is suing Mr. McNamara because of the guarantees that were given by the Dublin Docklands Development Authority. Anglo Irish Bank and AIB provided the bulk of the funding for the Irish Glass Bottle site. Anglo Irish Bank, whose board members included Mr. FitzPatrick and Mr. Bradshaw, was on the board of the authority until April 2007. The former CEO was always pointing out that the Dublin Docklands Development Authority was no charge on the taxpayer. That was what we thought until we received the 2008 annual report, which was presented last week, and we learned of a \27 million black hole in the accounts. Let us be in no doubt, every cent of that money will be a cost to the State and to the taxpayer. I want people to be held to account. It is also interesting that the majority of debt from the State body is owed to another State body, Anglo Irish Bank, which will soon transfer the bad debts onto another State body, the National Asset Management Agency. That has been the legacy of poor governance, especially under Fianna Fáil, a circle of bad debt all owned by the Government and paid off by the taxpayer. Let us park all that bad news for a moment and move on to other news. One of the best bits of news was the appointment of Professor Brennan as chairman of the Dublin Docklands Development Authority. I support her appointment fully. As a member of the Oireachtas Joint Committee on the Environment, Heritage and Local Government, I had the opportunity, along with other committee members, to question her for more than two hours on her stewardship of the authority to date. She should be given every support by the Minister for the Envir- onment, Heritage and Local Government and the Department, whose officials were asleep at the wheel, as the Department was represented on the board of the Dublin Docklands Develop- ment Authority. The Minister should be inquiring whether the officials were doing something to bring those matters to the attention of the Minister of the day, and if they were being overruled. I do not believe any official of the Department or of this House would sit on a board where those questionable decisions were being made without bringing the reports to the attention of the Minister for the Environment, Heritage and Local Government of the day. Perhaps the Minister will indicate whether they were being overruled. Professor Brennan has given us an opportunity to look behind the scenes on some of the issues that are questionable. I wish to refer to the U2 tower. An architectural competition was held and it was won by a company called BCDH, composed of talented young architects. When Mr. Maloney took over as CEO of the Dublin Docklands Development Authority, he also took over the U2 tower project as his own. He hired his old friends from Dublin City Council within a matter of weeks. He visited London on a number of occasions to view comparable towers. He went to the market for a firm of contractors to build the U2 tower. Significantly, the procurement document he crafted stated that when they were putting in their bid, the contractors could, if they wanted, come up with a new design, their own design, for the tower. How much of an inside track did Mr. Seán Mulryan have with the former CEO when his company, Geranger Limited, won the contract? I also wish to know the sequence of actions the CEO took to redress the situation for the young architects who had legitimately won the contest, and why it ended up in arbitration, costing the Dublin Docklands Development Authority money as well. Who were the Davy stockbrokers that were nominated shareholders on the Irish Glass Bottle site? Professor Brennan could not answer the question the other day, but I would like the Minister to give an assurance that none of the board members of the Dublin Docklands Development Authority

329 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage

[Deputy Phil Hogan.] was involved as shareholders, stakeholders or property owners of the Irish Glass Bottle site or any other site without declaring an interest. Those are the issues that confront the Oireachtas tonight and tomorrow when we will vote on the Bill. It is for that reason that Fine Gael is proposing an amendment to the Comptroller and Auditor General (Amendment) Act to provide improved auditing and greater accountability in terms of the manner in which that site has been hammered into the ground. I hope the Minister has been listening carefully and that he will be able to reassure me on how those issues were dealt with and that he is prepared to do something about it.

Deputy Fergus O’Dowd: I support my colleague, Deputy Hogan, and agree with what he said. He was correct to say that the aspirations behind the setting up of the Dublin Docklands Development Authority were noble. The same is true in terms of fast-tracking the planning process and attempting to ensure that land which hitherto was undeveloped would be developed in a proper manner and that people who won contracts to build fabulous buildings on those sites or adjoining them would provide jobs, interest and lots of good things. The only thing missing in the formula was accountability, which goes to the heart of the Bill. What Deputy Hogan outlined is that the heart of that organisation and other organisations set up by the State on a semi-State basis must be accountable to the Comptroller and Auditor General. That means they must come before the Committee of Public Accounts and be questioned. It is certain that this process will take place and once it does not happen, as it did not in this case — it never will unless our Bill is passed — we will never get true accountability no matter what Professor Brennan does. If the strong arm of the law of the State in examining and considering the affairs of companies such as the Dublin Docklands Development Auth- ority, namely, the Comptroller and Auditor General, is not part of the State or semi-State process, it is doomed to failure and to create waste. I am appalled at the waste of money and the litany of abuse and possibly corruption that seems to be at the heart of what Deputy Hogan has outlined. I accept and acknowledge that the Minister will take the matter seriously, but he has to take it seriously enough. It is not good enough to say “Yes”, he has to say what he will do about it, when he will act to tackle the Dublin Docklands Development Authority and other bodies such as CIE, a large quango that gets a subsidy of \323 million per annum to run its organisation. When CIE refused to give members of the Oireachtas Joint Committee on Transport a copy of an audited report that identified serious abuses in a section of its organisation——

An Leas-Cheann Comhairle: The Minister does not have responsibility for CIE.

Deputy Fergus O’Dowd: I accept he does not have but I make the analogy that problems arise when one sets up bodies that are not accountable to the Comptroller and Auditor General. The Minister is a member of the Government and I refer to holding him accountable in that context. CIE will not reveal the full facts about the report. It has refused to give the report to me and others. To date, it has not provided the Minister with the report either. We are trying to make CIE accountable. The intention of the Bill is to make the Dublin Docklands Development Authority accountable, but we need to make other quangos, such as CIE, accountable as well. That is not to say there are not fabulous, good people working in such bodies; of course there are, but there are significant abuses which have been uncovered by CIE’s own auditors which it will not allow us to see. In terms of port authorities, the Minister could do worse than ask his colleague, the Minister for Transport, Deputy Dempsey, to consider the second largest port in the country, the

330 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage

Shannon Foynes Port Company and the issues that arose in that regard. The best site in Foynes, 16.6 acres of land, was sold in 2002 to a company for a little more than \2 million. What was wrong with that? There was a hell of a lot wrong with it because there was no public auction for the land, no tendering process and no administrative powers were given to the chief executive at that time to carry out those inquiries, investigations or procedures with that company. The company which bought the site, which was sold by the taxpayer for \2 million, paid more than \12 million for it three years later. There are records of its interest in that site in 2004 and yet the port company did not hold a public tendering process. A report by Deloitte points out that serious and significant issues arise from that. Some people in Foynes believe there was corruption at the heart of what happened there and it is unacceptable to them. Also in Foynes, an arrangement was made——

An Leas-Cheann Comhairle: We are discussing the Dublin Docklands Development Auth- ority (Amendment) Bill 2009.

Deputy Fergus O’Dowd: I am talking about accountability. The Dublin Docklands Develop- ment Authority (Amendment) Bill 2009 provides for accountability in the docklands area and for what is going on in a company which is run by the State and paid for by the taxpayer but which is not accountable to the Comptroller and Auditor General. An employee of the port company in Foynes accepted a tender from himself and his good wife for more than \100,000 for a boat which nobody wanted. It was amazing what went on there. We want an inquiry into that. The people are fed up with all this abuse. We want the gardaí to carry out an inquiry and if they need to go into the DDDA as well, that is where they should be. At the heart of the political system are quangos which are not accountable to the Comptroller and Auditor General. In the absence of accountability in cases like those about which we are talking, one has significant and unacceptable abuses. I hope the principle of this Bill will apply to other companies such as Foynes and other harbour authorities which are not accountable to the Comptroller and Auditor General. We need to take a much more investigative and pro- active approach to what is going on and to how taxpayers’ money is being wasted in a disgraceful, shameful and unaccountable manner.

Deputy James Reilly: The Minister for the Environment, Heritage and Local Government has always shown great interest in the management of waste. This is about waste. Deputies O’Dowd and Hogan spoke about the aspirations of the Dublin Docklands Development Auth- ority to develop the docklands area and to have the dual objective of promoting balanced community development through the use of sponsorships, social support, etc. What is the DDDA now? It is an extraordinary quango for the golden circle. Names have been mentioned and they will be mentioned again because they keep turning up. For a long time in this country, there has been a sense of the elite, the untouchables and the inside track and this problem with which we are faced confirms that. A site bought for \412 million may now be worth \50 million which is a loss of more than \300 million. That is extraordinary, in particular on the night before one of the most hard-hitting budgets the country will ever have had, or may ever have, to endure. This afternoon the Taoiseach said there was not 10%, or \2 billion, fraud in our social welfare system. He said everyone one this side of the House would accuse everyone on social welfare of being fraudulent. Nothing could be further from the truth but we all know there is abuse. A programme on television last night showed that quite clearly. The level of that abuse will be very difficult to assess unless there is clarity surrounding PPS numbers. Until we have clarity, there will be difficulties in that area.

331 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage

[Deputy James Reilly.] That has been due for 11 years but nothing has happened. However, I do not want to digress down that road. I wish to talk about the Dublin Docklands Development Authority and the cosy relationships between people on the board of that authority, the board of Anglo Irish Bank and well known developers. As has been pointed out, any developer would give his or her right arm to be in the same room as the people who give out planning permissions. It was a nonsensical arrangement and there were so many conflicts of interest that it beggared belief. It is worth mentioning again that Mr. Bradshaw and Mr. FitzPatrick resigned from Anglo Irish Bank in December 2008 as they both had joint loans which had been transferred to Irish Nationwide Building Society at year end so as not to appear on the bank’s published accounts. This country is in a state of stasis and crisis. People have lost faith. This Government has managed, through its inept leadership, to turn the public sector against the private sector and to create situations on television where public and private workers are fighting with each other. That is not the way this country was before and it is not the sort of leadership we need. We need a leadership which unites us in our difficulties and helps us face them together. The ordinary worker on \15,000 per year was hit with a pension levy of 1% and yet a man who destroyed his own bank and the banking system of the country walks off somewhere to play golf on \0.5million per year. These are the sorts of issues that cause social unrest. If they are not addressed and if we do not put in place proper regulation and proper legislation, which is what this Bill attempts to do, then I fear for the future of this country. The ordinary man or woman on the street is no longer prepared to put up with this. They will take the pain if they know we will all share in the gain at the other end and if we all share the pain together. However, this episode shows us this is not the case. It is one rule for the ordinary citizen and it is another one for the elite, the golden circle and the well connected cronies of mainly Fianna Fáil. CIE was mentioned and I refer to the HSE and all the waste which occurs there. Five years ago, a premises in Lusk was purchased by the HSE for \1.7 million but it lies boarded up because somebody did not do his or her homework and realise it would not get fire safety certificates. How much has that cost? What could we have had for that money? Let us make it real for people. When people hear about hundreds of millions of euro, they think it is Monopoly money and that it is a disgrace. However, it is money which could have paid for the cervical cancer vaccine for children and could have started the colorectal cancer screening service. That alone could have saved 400 lives per year. It could have built the cystic fibrosis unit in St. Vincent’s hospital for which we have fought so hard and so long. It could have put in place the psychiatric unit in Beaumont Hospital for which planning was received in 2004 and which has been put on the back burner again because of private co-location, which the Minister, Deputy Gormley, opposed when on this side of the House and which he is now allowing to happen. Some 23 women in one ward and 23 men in another with 2 ft. between their beds share a bank of three toilets and two showers. One year ago I raised the issue of an unemployment exchange for people who were facing their first Christmas unemployed and who are now facing their second Christmas unemployed. There is still no exchange in Balbriggan and Swords which is a proper and fit premises. Balbriggan is the eight worst area for unemployment in the country with an increase of 282% on last year. We could have had a secondary schools in Lusk and various other places. The Minister for the Environment, Heritage and Local Government is being afforded an opportunity by Deputy Hogan and Fine Gael to put in place legislation which will tackle all

332 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage quangos, not only this one. The Comptroller and Auditor General is the regulator which stands head and shoulders above all others in this country in its ability to do the right thing by the public and seek out waste. It does so without fear or favour. I commend the Bill to the House.

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Bill that Deputy Hogan now proposes, the Dublin Docklands Development Authority (Amendment) Bill 2009, has a number of objectives. They are to bring the authority within the audit remit of the Comptroller and Auditor General; to allow the Comptroller and Auditor General undertake special reports into the authority’s operations; and to require its CEO to come before the Committee of Public Accounts to report on the authority’s accounts or on any special report undertaken by the Comptroller and Auditor General. The Dublin Docklands Development Authority, like all State bodies, must apply the highest standards of corporate governance and financial management and must be accountable to the appropriate oversight authority on these matters. There is no disagreement between me and Deputy Hogan on that basic principle. However, we may disagree on whether the Comptroller and Auditor General is the most appropriate oversight authority and, if so, the timing of any decision to bring the authority within the audit remit of the Comptroller and Auditor General. I have stated as recently as 24 November in response to questions raised by the Deputy in the House that I will keep the role of the Comptroller and Auditor General in auditing the authority under review. I am not yet ready, for reasons which I will outline, to take a final decision on this matter. I cannot accept the provisions of the Bill at this stage. The 1997 Act establishing the Dublin Docklands Development Authority sets out the basis on which the authority is to be funded, including arrangements for it to raise borrowings and the mechanisms by which it is to manage its financial affairs, including how its accounts are to be audited. The authority’s accounts are subject to a full and detailed audit by its independent external auditors, KPMG. In accordance with the requirements of the Act, the annual report and accounts of the authority are laid before each House of the Oireachtas. The State’s code of corporate governance, which was most recently updated this year, sets out the governance arrangements that should be applied by the authority in the conduct of its business. It deals with matters such as the avoidance of conflict of interest, adherence to proper procurement practices, participation in joint ventures and acquisition of shares by a State body, the preparation of corporate and strategic plans, and the appropriate reporting arrangement for annual reports and accounts. A somewhat unique approach in the docklands and a key element of its success has been the collaborative and partnership arrangement that exists through its advisory council. The authority is structured in such a way that ensures that public consultation is ingrained in its operation through the 25-member representative council and various consultative fora. The members of the council come from a range of different backgrounds and political parties. The council adopts the master plan for the authority, which is the blueprint for how the authority determines priorities and plans its business. This working model is now regarded as best practice in both a national and international context. The final piece of the existing oversight arrangements is the facility for the Oireachtas, through the Joint Oireachtas Committee on Environment, Heritage and Local Government, to question the authority on its financial position and other relevant issues. I was somewhat surprised to find that one week after the Deputy led the questioning of the dockland authority’s chair and acting CEO before the joint Oireachtas committee for over three hours, we now have a Bill before the House proposing to transfer responsibility for Oireachtas oversight of the authority from the Deputy’s committee to the Committee of Public Accounts.

333 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage

Deputy Phil Hogan: I have a point of information.

An Leas-Cheann Comhairle: The Deputy may make a point of order.

Deputy Phil Hogan: On a point of order.

Deputy John Gormley: Do I have to accept a point of order?

Deputy Phil Hogan: We are not seeking to transfer the oversight of any organisation.

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

Deputy Phil Hogan: The organisation will still be able to send representatives before the Joint Committee on the Environment, Heritage and Local Government.

An Leas-Cheann Comhairle: The Deputy will have an opportunity to contribute again.

Deputy John Gormley: I was going to commend the Deputy on his scrutiny of this issue.

Deputy Phil Hogan: I do not see that in the script.

Deputy John Gormley: The Deputy should always check against delivery. The committee should be commended on its questioning, which is extremely important. I will elaborate on that later. Any useful discussion of the performance of the authority has to benchmark what it has achieved when compared to the role assigned to it by its founding legislation. The authority was established in 1997 to secure the social and economic regeneration of the docklands area. In general terms, the authority is a commercial semi-State body, financed entirely from its own resources, which are generated through the acquisition, development and sale of property in the docklands area. Since 1997, the authority has delivered substantially on its statutory duty to regenerate the Dublin docklands area. Over the past ten years, it has completed a wide range of projects and initiatives addressing education, employment, community development and housing. The area has been transformed into a vibrant, sustainable and integrated community at the heart of our capital city. The docklands project is valued not just nationally but is recognised as one of only a small number of best practice models for inner-city regeneration across Europe and beyond. Nobody can dispute the physical transformation that has taken place in docklands. Projects such as the IFSC, the O2, Grand Canal Square, the Liebskind Theatre, the National Conference Centre and the Sean O’Casey and Samuel Beckett bridges all demonstrate the scale and quality of the transformation in the docklands. Today we see the opening of the Luas extension through the docklands from Connolly Station to the O2. That is a remarkable achievement in a short space of time. Since its inception in 1997, the authority has generally been self-financing and has maintained a healthy financial position while undertaking new property acquisitions and investing in and facilitating key infrastructure in the docklands. Over the past year or two, however, the collapse in international financial and property markets has created serious financial challenges for the authority. The resulting impairment in the value of its property interests and the slowdown in commercial activity have had very serious consequences for the authority’s financial standing. The year 2008 saw accumulated losses of \213 million for the year, including a loss on operations of \27 million, and very significant write-downs on its property assets, including its investment in the Irish Glass Bottle site in Ringsend.

334 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage

These impairment losses are based on valuations of the authority’s property portfolio. The authority acknowledges that these valuations are extremely prudent and are based on the extreme market realities that prevail at present, accepted as being the most difficult trading environment for many years. The net result of these devaluations has been a reduction in the authority’s own net assets from \177 million in 2007 to \26 million in 2008. I understand that the chair of the authority outlined to the Oireachtas committee last Tues- day how the authority has responded aggressively and urgently to its financial position. Measures include all overheads being carefully monitored and reduced where possible; discretionary spending being cut significantly; and staff numbers being reduced significantly as fixed-term contracts expire. The authority’s operating deficit has already narrowed significantly during the current year and the chair expects the deficit will be reduced from its 2008 level of \27 million to less than \10 million by the end of 2009. This process of recovery is expected to continue next year and the authority is aiming to return to a break-even position in 2011 on its operating costs. The political and public concern regarding the financial position of the authority, as well as concerns about its property investments and standards of corporate governance, are understandable. I am very concerned about the decisions it took in recent years which left it exposed financially and cast a cloud over its reputation. The authority took its eye off its fundamental objective, the social regeneration of the docklands area. Much excellent work has been done in this area over the past ten years. More than 3,000 new residential units have been approved, including over 800 social and affordable housing units. Almost \16 million has been spent on social regeneration. The authority’s education programmes in the docklands have been an outstanding success. The percentage of docklanders leaving school before the age of 12 has fallen from 35% to 13%; those leaving before age 15 have fallen from 65% to 30%; the numbers of locals sitting the leaving certificate have risen from 10% to 60%; and those participating in third-level education has risen from 1% to 10%. The future focus of the authority, while not losing sight of its economic role, must be on its key regeneration functions. The work of the DDDA can only continue if it adopts an open and transparent approach to how it conducts its business. It must restore the confidence of its key stakeholders — the local communities in the docklands, those who work there and the public. My appointment of Professor Niamh Brennan as chairman of the authority in March this year was aimed at bringing her reputation and expertise in corporate governance to bear in setting the authority on the right path again. I am grateful to her for her leadership of the organisation in the most difficult period in its short history. Deputy Hogan raised concerns about corporate governance in the authority and he pursued this matter vigorously at a meeting of the Oireachtas joint committee last week. The Deputy is correct to pose these questions. Professor Brennan dealt openly last week with what she termed the “systematic conflict of interest which occurred at the docklands authority in the middle years of this decade”. I requested her some time back to undertake a comprehensive review of corporate governance within the authority and two reports examining its finance operations and its planning functions were subsequently commissioned by the authority. Professor Brennan indicated to the committee last week that the reports will be to the same exacting standards as any similar report undertaken by the Comptroller and Auditor General. The reports will leave no stone unturned. I am anxious to get to the truth and I hope we can do that. I agree with the chairman’s statement to the committee last week. I expect both reports to be finalised shortly. Once I have received and considered them, I will quickly consult the Government on the necessary set of responses.

335 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage

[Deputy John Gormley.]

Even at this stage, the authority has implemented several procedural changes aimed at improving corporate governance. These include reducing the expenditure limit requiring board approval; preparation of a central procedures manual for the authority; the introduction of more formal strategic and corporate planning processes on an annual basis by the end of 2009, as required by the revised code of practice for State bodies — this will supplement the authority’s master plan, which is required under its parent Act and which was updated in 2008; a review by the internal auditors of the authority’s risk management framework, with areas of weakness remedied; and revised procedures for the section 25 fast-track planning powers, including in regard to public consultation. The authority is also considering other measures to improve reporting arrangements with my Department. Under the 1997 Act, the Oireachtas has entrusted my office and the office of the Minister for Finance with the task of ensuring that the DDDA operates in accordance with its statutory mandate. The principal legislation governing the functions of the Comptroller and Auditor General is the 1993 Comptroller and Auditor General (Amendment) Act. This Act details the accounts audited by the Comptroller and Auditor General. The main such accounts are the Appropriation Accounts of Departments and Government offices; the finance accounts; the accounts of revenue collections; and the accounts of the non-commercial semi-State bodies listed in Schedule 1 of the Act. As a general rule, the legislation establishing non-commercial State bodies specifies that the Comptroller and Auditor General should audit the accounts of these bodies. Commercial State bodies, on the other hand, are generally audited by private commercial auditors rather than by the Comptroller and Auditor General. This reflects the independent commercial role of these bodies and also the fact that, in general, these bodies are funded by their own resources and borrowings rather than by grants from the Exchequer. The Comptroller and Auditor General (Amendment) Act 1993 specifically prohibits the Comptroller and Auditor General from exercising his role in regard to the commercial State bodies listed in Schedule 2 of the Act, which includes the Custom House Docks Development Authority, the DDDA’s predecessor. The Chairman of the Committee of Public Accounts, Deputy Bernard Allen, wrote to my Department as well as to the Minister of Finance in June this year, requesting that the authority be brought within the remit of the Comptroller and Auditor General. This request followed a previous request from the Oireachtas joint committee to the Comptroller and Auditor General in May, asking him to examine and prepare a report on the authority’s annual report and accounts for the past five years. The Comptroller and Auditor General’s response stated the authority did not fall within its remit, as the DDDA Act specifically provided that the authority can appoint its own auditors, subject to the approval of the Ministers for the Environment, Heritage and Local Government and Finance, and his power of inspection only applies to bodies that receive at least 50% of their funds from the Exchequer. Having considered the matter, I replied to the Chairman of the Committee of Public Accounts in September, pointing out the current arrangements whereby I am required, with the consent of the Minister for Finance, under section 43 of the DDDA Act to approve the appointment of independent auditors to sign off on the authority’s annual accounts and that I did not intend to change the existing arrangements. Under these arrangements, it is open to the joint committee to have staff of the authority appear before it, thereby affording the Oireachtas an opportunity to question them on the authority’s accounts and activities. This facility has been availed of twice in the past year, with representatives of the DDDA appearing before the committee in February and again last week. I am not opposed to the idea of a more formal role for the Comptroller and Auditor General, in principle, and I will keep the need

336 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage for future involvement on the part of the Comptroller and Auditor General under review. However, a role for the Comptroller and Auditor General needs to be considered as part of an overall strategic response to the corporate governance reviews, which are nearing finalisation. The authority has been instrumental in transforming the docklands and improving the lives and aspirations of docklanders. Despite its financial difficulties during 2008, the authority continued to progress most of its social development, leisure, tourism and culture initiatives. The imminent completion of the convention centre, the Grand Canal theatre, the Samuel Beckett bridge and the Luas to the Point village will bring more positive news to the docklands area in the near future. The recent completion and opening of the O2 arena has given the area a welcome lift. Apart from being a top class entertainment venue, the O2 will provide more than 600 jobs during its 150 to 200 annual events. Considerable progress has been made on Dublin’s convention centre at the Spencer Dock. This world class centre, which is due to open in next September includes a 2,000 seat auditorium and will extend to more than 440,000 sq m. Follow- ing the completion of the centre, Dublin will be in a position to compete in the international convention market. The unique and distinctive Samuel Beckett bridge, which will link Macken Street on the south side with Guild Street on the north side, will open this week. Work on the Luas red line extension from Connolly Station to the O2 is complete and trams began operations today. While restructuring is necessary for the authority to refocus on delivery of short-term key goals in a difficult operating environment, it also aims to maintain a core skills base within the organisation to ensure that the authority is well positioned to take advantage of future opportunities. The DDDA has brought significant benefits to the Dublin docklands. It has ground to make up in repairing its finances and its reputation. I look forward to receiving the corporate governance reports from the chairman and I will act decisively in response to them.

Deputy Joanna Tuffy: I wish to share time with Deputy Ó Snodaigh. The Labour Party supports the Bill, which is intended to amend the Comptroller and Auditor General (Amendment) Act 1993 to permit the Comptroller and Auditor General to carry out inspections of the DDDA under that Act. It is proposed to amend sections 8 and 9 of the 1993 Act and this is feasible. If the Fine Gael proposal is not acceptable, I am sure a 8o’clock similar Bill can be agreed by the Oireachtas or introduced by the Government. One could fit the Dublin Docklands Development Authority into the various provisions of section 8 of the Comptroller and Auditor General (Amendment) Act 1993. It certainly seems to be a runner. Section 8 refers to inspection for the purpose of determining whether and to what extent moneys are received by certain bodies from the Government. One of the matters mentioned by the chairwoman of the Dublin Docklands Development Authority, Professor Niamh Brennan, when she came before the Joint Oireachtas Committee on the Environment, Heritage and Local Government was that if the banks were to call in the guarantee for the Irish Glass Bottle site of approximately \35 million, the Dublin Docklands Develop- ment Authority would need Government assistance and that is relevant. The Schedule of the Comptroller and Auditor General (Amendment) Act 1993 lists the various bodies audited and it would seem appropriate that the Dublin Docklands Development Authority would be included. I appreciate what the Minister stated about the investigations he commissioned. I understand they are being carried out by the board of the Dublin Docklands Development Authority. I was not at the meeting of the Joint Oireachtas Committee on the Environment, Heritage and Local Government attended by the chairwoman of the Dublin Docklands Development Authority but I have read the report. She stated that the reviews which are about to be published would be of the standard of the Comptroller and Auditor General but the issue is that

337 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage

[Deputy Joanna Tuffy.] they are not independent and do not have the openness and transparency that an inspection by the Comptroller and Auditor General would have. The issues that arose since the publication of the annual report and the presentation made by Professor Niamh Brennan last week are about the transparency with which the Dublin Docklands Development Authority did its business. Incidents occurred where it seems apparent that members of the board had conflicts of interest when decisions were made. At the committee meeting, the chairwoman stated: “People have asked questions about the objectivity of the authority and about its integrity. Some of these questions have been raised arising from systematic conflicts of interest within the authority and in particular with regard to its association with Anglo Irish Bank.” In that light, the issue is to do with the independence of the authority and whether its procedures were transparent. Conflicts of interest were involved and great problems have arisen out of that. The Minister needs an independent investigation into this and the Bill provides a way of doing so. It will help clear the air and be helpful to the board if the Comptrol- ler and Auditor General carries out an inspection. There is much regard for the reports carried out by the Comptroller and Auditor General; we all have much faith in them and they are accountable to the Dáil and the Seanad. It would benefit the Dublin Docklands Development Authority in terms of restoring public confidence to have that inspection take place in a legal, open and transparent way that is accountable to the Dáil and Seanad, in a way that the investigations that have been carried out and are yet to be published are not. If we did what the Fine Gael Bill proposes and have the Comptroller and Auditor General carry out an inspection of the Dublin Docklands Development Authority, the investigation and its report could inform not only how we deal with the Dublin Docklands Development Auth- ority but how we deal with similar authorities that will be established in the future and how local authorities carry out or promote development in particular areas. Many of the issues raised with the Dublin Docklands Development Authority have much wider application. Based on the information given to the Joint Committee on the Environment, Heritage and Local Government, it seems that the Dublin Docklands Development Authority got into development as an exercise in gambling and speculation. Development should be about developing communities, including retail, residential and all aspects of development. It should not be about financial speculation. It seems that in recent years the Dublin Docklands Develop- ment Authority gambled and lost. The chairwoman stated that in 2008 the Dublin Docklands Development Authority made operating losses of \27 million in comparison with a surplus of \3.7 million the previous year. When the losses came they were major. Assets were written down by \186 million, and including a 26% investment in the Irish Glass Bottle site through a private company consolidates the deficit at \213 million. This year, there are net assets of \26 million compared with net assets of \177 million the previous year. The chairwoman told the committee that in the consolidated balance sheet the net liabilities were \48.5 million compared to net assets the previous year of \177 million. This is similar to the rest of the economy and the Government’s decision to guarantee the banks and establish NAMA is related. It is all part of the picture. Even some of the people involved in the collapse of the banks are involved. Seán FitzPatrick was on the board of the Dublin Docklands Development Authority and on the board of Anglo Irish Bank. I understand that people so lost sight of the fact that conflicts of interest should not be allowed to arise in these matters that when he was on the board he invited two different chairmen of the board onto the board of Anglo Irish Bank. That seems totally inappropriate and obviously gives rise to conflicts of interest.

338 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage

The Minister stated there were good projects and he spoke about some of them. Social regeneration and education projects were part of the Dublin Docklands Development Auth- ority development but why did social regeneration and education have to be based on developer-led planning? Why did they have to be tied up with the making of money by developers and speculative planning? This is the case not only with Dublin Docklands Development Auth- ority. In recent years, the outlook that the way to create a park was to allow a developer build hundreds of apartments, the way to create affordable housing was to allow a developer make a huge profit and the way to create a school building was to allow a developer build thousands of houses became the philosophy of how we do things. Schools, social regeneration and the provision of parks should not be a matter of development; they should be the responsibility of the State. Most of these should not be part of the free-marketeerism that operates in the private sector. The issues raised with regard to the development by the Dublin Docklands Development Authority are ones we need to examine in terms of our overall outlook on planning. From that point of view, what Fine Gael proposes in the Bill will be helpful. A report by the Comptroller and Auditor General would have much more credibility than the reports due to be published and I do not in any way question the credibility of those reports. I am stating that the Comptrol- ler and Auditor General is provided for under legislation and is accountable to the Dáil and the Seanad. People trust the Comptroller and Auditor General’s inspections and reports, many of which have been very good and have brought to light important matters. If a similar inspection regime were put in place in respect of the Dublin Docklands Development Authority, it would be a worthwhile exercise. If we proceed along our current course, with the reports relating to the two reviews that have been carried out being published and decisions subsequently being taken, there is a major possibility that matters will return to the way they were previously. When she came before the relevant committee, the chairman of the authority referred to the problem of the Dublin Dock- lands Development Authority being pro-developer, which is welcome. However, she also stated that the desire is to return the authority to a break-even situation. What will happen then? Is it envisaged that there will be a return to the speculator or developer-driven model the authority was operating until now? Government policy in respect of establishing NAMA appears to indicate that the latter could happen. That approach is both unrealistic and a mistake. We must take stock with regard to how we plan development in the future. When I contributed to the debate on the Planning and Development (Amendment) Bill 2009 last week, the Minister unfortunately was obliged to leave. I requested that there be a moratorium on rezon- ings until we take stock in respect of the situation relating to flooding. I do not believe the fact that development has taken place on flood plains is the sole reason for the flooding that has occurred. The position is much more complex. There are many different factors involved in flooding. I am of the view that too much development has taken place too quickly. It is the accumu- lation of development which gives rise to flooding. It is difficult to build anywhere without there being some possibility that a flood risk will be created. The possibility that climate change might exacerbate the risk of flooding in the future is relevant to Dublin, which is near the coast, and the docklands area. Flooding is not the only reason that we should take stock of our planning and rezoning systems, which have failed us. Instead of planning communities and asking what would be the best way to proceed — even in instances where people had the best intentions — we have been picking out areas, rezoning them and making certain individuals very rich. That is how it has worked. Many other issues arise out of such a system. I refer here to financial speculation, the

339 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage

[Deputy Joanna Tuffy.] hoarding of land by developers, the concentration of large tracts of land in the possession of a few developers and corruption. I am of the view that the Minister is introducing reforms in respect of planning. However, perhaps the planning system should be completely overhauled. Other countries do not appear to have the problems that obtain in Ireland. Perhaps the Minister should introduce a Green Paper in respect of planning. If he did so, we could play catch-up in respect of our infrastructure and take stock of the situation. One of the issues relating to the Dublin docklands area relates to the viability of a shopping centre. That is not the only location where difficulties exist in this regard. Issues have arisen with regard to the viability of many retail outlets. One tends to see the same shops and shopping centres in every town. These are usually massive developments which, despite the fact that they are privately owned, have become our public spaces. One can be thrown out of such places and I recently had experience of that during the second referendum campaign in respect of the Lisbon treaty. On the occasion in question, I was ejected from a shopping centre for handing out leaflets——

Deputy Aengus Ó Snodaigh: Proper order. We were allowed in because we were advocating a “No” vote.

Deputy Joanna Tuffy: ——and the Garda was called. We have allowed the private sector to operate areas which should really be about public or community space. A root and branch review must be carried out in respect of the planning system. The type of inspection mechanism under discussion could constitute the start of such a review and then the Minister could consider more wide-ranging reforms than those he has introduced to date.

An Leas-Cheann Comhairle: The debate is running ahead of time and, therefore, the 30- minute slot for the Labour Party is available tonight. There are just under 15 minutes remaining in that slot. I do not know if Deputy Ó Snodaigh proposes to use up all that time. If not, Deputy Durkan is present and can commence his contribution.

Deputy Aengus Ó Snodaigh: We will see how I get on.

An Leas-Cheann Comhairle: Very good.

Deputy Aengus Ó Snodaigh: I welcome this Bill, which was introduced by Deputy Hogan. It is a particularly welcome measure in light of the debacle relating to the Dublin Docklands Development Authority. When it was first came into being, the Dublin Docklands Develop- ment Authority was creative, positive, forward-thinking and had the support of many in the community. Those people thought that when the authority was first established it would encourage sustainable development, attract investment to their area and substantially change that area for the better. Anyone who remembers the state of the docklands prior to the recent developments will understand why an impoverished community would reach out and believe that there was hope for it. Much has happened in the area that is to be welcomed. However, most of this was tied to the speculative development which has not only destroyed our banking system, but brought the economy to its knees. That was not the intention and it was not why people engaged with the authority and gave it their support. The shenanigans and corruption which have been alleged and proven in respect of some of the scheming and manoeuvring of this authority are scandalous. What occurred was downright dishonest.

340 Dublin Docklands Development Authority 8 December 2009. (Amendment) Bill 2009: Second Stage

One need only consider the scandal relating to the site previously occupied by the Irish Glass Bottle Company in Ringsend. A ridiculous amount of money was spent on purchasing that site. It is scandalous that the Dublin Docklands Development Authority was involved in this transaction and exposed the taxpayer to the speculative property market when everyone was saying that the latter was about to slow down or collapse. I am of the view that the dishonesty relating to this matter, which has led to the virtual bankruptcy of the authority, will emerge in time. What occurred in respect of the Ringsend site has led to funding for social and local programmes being discontinued. In addition, the docklands area is now littered with empty buildings, half-constructed buildings and derelict sites on which a sod has never been turned. The fiasco is a prime example of how business is conducted in this State. When discussing this Bill it is uncanny that we have the backdrop of NAMA, which is aimed at rescuing banks and protecting developers. The demise of the Dublin Docklands Development Authority is quite apt in this context. I wish I could say we have learned our lessons but I am not sure. The Bill before us goes some way to rescue the authority. It might put it on the path originally intended. We have had other authorities in the city which, by the way they were established, managed to bypass the normal planning laws. It was believed that this was the way forward for the greater good of a local area. I refer to the Digital Hub in my constituency, which is a victim of the property crash. Many of its plans and many of the plans through which the Government and its backers sold the idea to the local area are now in tatters. They were put on hold for the long term. We do not see cranes building up the Digital Hub as promised despite the fact that many factories seek to locate there. Even in these recessionary times they seek office space in the hub. The companies contracted to build received land in return and are legally obliged to have these plans delivered by a set date. That will not happen. What is the situation with the Dublin Docklands Development Authority? It was given special planning powers that were used irresponsibly, allowed many developers to slip through planning and allowed them to waive the requirement for 20% social and affordable housing that was an obligation elsewhere. Developers were granted planning permission by the Dublin Docklands Development Authority, with the obligation to provide 20% of social affordable housing, but applied for an extension to the planning permission to make them exempt. This scandal must be examined. If this Bill is accepted, the Comptroller and Auditor General can investigate this to ensure the taxpayer is getting value for money and that nothing untoward will happen again. I believe it has happened. Some of those appointed to the Dublin Docklands Development Authority had to resign very quickly because of involvement in tax schemes and tax shelters, even though they were later said to have broken no law and to have acted in good faith. The fact that these people were chosen to sit on an authority speaks volumes. That so many on the authority seemed to be under the influence of Anglo Irish Bank, with many on the bank’s board, shows the back- handers and scandal that have yet to emerge in respect of all that was wrong and evil in Anglo Irish Bank. We have not seen half of it yet. If this Government is not willing to fully expose it, I hope a future Government will have the documentation to prove the extent of corruption at that level in our banking system. Work remains to be done in the docklands area and other areas of the city. Major rejuvenation and regeneration is desperately needed in the docklands area. I hope that when we come out the other end of this economic crisis, we will see those areas targeted primarily for social and economic rejuvenation. Economic rejuvenation of these areas should be focused on the local people, those who were left behind by the Celtic tiger. Whatever happens should be planned properly, sustainable and not dependent on developers and the false money they were

341 Communications Regulation (Premium Rate Services)8 December 2009. Bill 2009: Instruction to Committee (Resumed)

[Deputy Aengus Ó Snodaigh.] spending on the likes of the Irish Glass Bottle site, Jurys Hotel and other so-called prime development sites on which ridiculous figures were spent. Hopefully, although I doubt it, we will hear the Minister of Finance explain tomorrow how he plans to regenerate areas of Dublin’s inner city and inner city areas in other parts of the State. Perhaps he will tell us how he plans to rejuvenate the economy and provide a stimulus package that has been provided in other countries. It is working in other countries, or at least helping to get them out of the recession. I have seen a lack of understanding by the Government of the need to get this economy working. In order to do so, one must employ people. Time and time again in the past year and a half, we have seen a concentration on cutting pay and cutting social welfare rather than planning to invest and planning to rebuild the economy. I welcome this Bill and I hope the Minister can accept its intent. Perhaps he can go beyond it, by ensuring that whatever authority we have in the future is properly reflective of the society in that area. The Dublin Docklands Development Authority never fully reflected the north inner city or the south inner city area. It never reflected the normal people, their wishes or their demands for the future. It did not reflect their dreams but it should have. If it had, we might have had something more sustainable and something that could remain intact so that we could see building and other work happening in the docklands area. Given its location and its access to the city and the sea, there is major potential for tourism. However, the Dublin Dock- lands Development Authority concentrated on ensuring that more and more apartments were built and that more office space was built even though the demand did not exist. It was clear to anyone involved in city planning that there was an oversupply of apartments and an oversupply of office space yet no one called a halt, not even the Dublin Docklands Development Authority. We need sustainable planning and we must ensure that whatever happens in the future is properly planned, sustainable and that social housing is provided equivalent to the level of need in the area. There should be enterprise units available at low cost to local residents. There should be a proper transport plan and the Irish language should be recognised. The Dublin Docklands Development Authority never seemed to recognise the Irish language. Any of the signs erected in the area, including one that referred to An Droichead Seán Ó Cathasaigh, were in English only. I urge the Minister to adopt this Bill.

Debate adjourned.

Communications Regulation (Premium Rate Services) Bill 2009: Instruction to Committee (Resumed).

The following motion was moved by the Minister for Communications, Energy and Natural Resources earlier today: That, pursuant to Standing Order 172, Standing Order 127 is modified to permit an instruction to the committee to which the Communications Regulation (Premium Rate Services) Bill 2009 may be recommitted in respect of certain amendments, that it has the power to make provision in the Bill in relation to amending the Communications Regulation Act 2002, by amending section 52, section 53, section 55, section 56, section 60 in Part V of the Communications Regulation Act 2002 and any consequential amendments to any other sections in the Communications Regulation Act 2002 in order— — to extend the provision to grant consent and set conditions for consent in section 53 of the Communications Regulation Act 2002 to the NRA, for all national roads; with local authorities retaining the consent-giving authority for local and regional roads;

342 Communications Regulation (Premium Rate Services)8 December 2009. Bill 2009: Instruction to Committee (Resumed)

— to update the provisions in relation to the consent procedure set out in section 53; — to provide for the NRA to make a scheme to charge for the use by network operators of ducts on national roads provided by an authority; — to amend the provisions concerning emergency roadworks; — to amend the provisions in relation to cost apportionment for electronic communications infrastructure relocation due to road improvements; — to provide for specific conditions in legislation that may be set by an authority, without prejudice to any other conditions they may also set; — to update the provisions in dealing with regulations and policy directions to road authorities; — to update the provisions on service of notices; — to update definitions; — to make any consequential amendments needed to take into account the changes above.

Deputy Liz McManus: It is important when we change legislation, even in this rather cack- handed way, that we do so to make sure that any process we establish is as efficient as possible. I have some concerns about the Minister’s amendment. Deputy Coveney and I put down a similar amendment but this one is complicated, I suspect unnecessarily so because there are two Departments involved, the Departments of Transport and of Communications, Energy and Natural Resources. At various points in the amendment there are references to consultation between the Departments on guidelines and a scheme of charges but these are on top of a fairly complex system for someone trying to access ducting in roads other than national primary or major routes because the local authority still has a role there. This leads to a one-stop-shop, whatever that is. It has not been defined but there is a need to provide a one-stop-shop to ensure that all these systems are streamlined and the process can be expedited. I am concerned that the Minister mentioned this only at the end of his speech where there is a reference with no explanation. In response to a parliamentary question that I put to the Minister on 25 November last he described a process that made my blood run cold. The Minister has a responsibility to set up a one-stop-shop, to make sure that we can develop the broadband infrastructure that we desperately need, particularly in a time of recession. He has the power to do that but does not seem to have the inclination to do it, although he certainly could do it if he chose. Instead, he started his reply by talking about the complex process. It is not that complex. Using ducts in the road is not exactly rocket science. He then referred to the first stage, which is internal engagement with relevant State bodies, the next stage is a review of State-owned networks determining routes, etc. I do not know why that has to take time because it seems odd that the data is not easily accessible. The Minister will then set up an implementation task force. That was when my temperature went down to zero. To put icing on the cake he will consult what alternative options telcos might suggest. Either he is going to do this or he is not. This tortuous process begs the question of whether the Minister is willing to make a decision. He said that sometime in 2010 he expects the one-stop-shop to be set up, although it is undefined and undescribed. This may be a cheap shot but we must be wary because under an earlier Minister, this Department intended to introduce a fisheries Bill to rationalise the fisheries boards. In 2005 the relevant elections were deferred and this year we have been asked to defer them again, for the fifth time. I have no doubt that the Minister in 2005 said the new system would happen in

343 Communications Regulation (Premium Rate Services)8 December 2009. Bill 2009: Instruction to Committee (Resumed)

[Deputy Liz McManus.] a year, if people would vote his way. I hope this Minister will prove me wrong. I do not have confidence in the Minister if he uses this circuitous, tortuous route of using an implementation task force, consultation and alternative options. Where will that lead us? The National Competitiveness Council has just published a document making the point that so many of our exports now depend on the IT sector that we need an enabling measure in the form of a one-stop-shop. The report argues too that State involvement is necessary to establish a next generation network. That raises the question of whether we can afford to leave it to the market. The Eircom experience surely tells us that we cannot. It was a disaster that destroyed our chance of taking a leading role and developing our chance of becoming competitive. I recall the then Minister, I think it was Deputy Dermot Ahern, saying that Ireland would be at the forefront of the IT revolution, etc. The way in which Eircom was privatised and the loss of management of the network and its infrastructure has left a big hole in our chance of developing broadband and a next generation network. We must study that broad picture. This issue is a small part of the big picture but it seems that even with the support of the Opposition, which the Minister has, he should consider simplifying this at every opportunity. The more complicated it becomes, the more open to challenge in court. A small example of this is that the authorities can have a representative present when a duct is being opened. That makes sense, even if the NRA is the authority. The person who should be present is the area engineer working for the county council because that person will be available. This Bill does not make clear whether, if an issue went to court it could be argued that the person was not a representative of the NRA, and that could lead to difficulties. It is a minor point but it raises issues about the unnecessary complexity of this amendment.

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I flagged at an early stage that I wanted to use the vehicle of the Premium Rate Services Bill as it provides that ComReg will also address this issue given that it is a communications regulation issue. Deputy McManus is right to say that this involves two Departments and two agencies and getting agreement between them can be a complicated process. It is sometimes not as easy or as quick as one would want but one is better to do it and get it right. I said on Second Stage that this was the most appropriate mechanism for making legislative change to improve the level of access to ducting across the State. That objective set me on course to use this Bill. We had to recommit the Bill to Committee Stage to introduce this amendment because of a ruling from the Bills Office on Committee Stage, which it was its right and under its remit to make. The level of ducting available to us, particularly in State infrastructure, puts us at an advantage. It is right for us to use such State services. This is not a situation where one just leaves it completely to the market to see what level of broadband accrues. There is a strategic interest in the State having an optimal and internationally competitive network. We have to use whatever mechanisms we have within the European market and other proper legal arrangements.

Deputy Simon Coveney: That is exactly what we are saying. We just need to get on and do it.

Deputy Eamon Ryan: Agreed. That is why we are putting it into this Bill and trying to get it through the Dáil and into action. There are other areas in terms of broadband access in schools, the rural broadband scheme and the national broadband scheme where, similarly, the market is not able to deliver and we are willing to act. The evolution or development of the one-stop-shop will have to be done on the basis of what is actually happening on the ground and how we can most effectively deliver backhaul

344 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage broadband infrastructure. The evolution of this is along the lines of, first, determining what we have and, then, determining common and easy access to it. As Deputy Coveney said, the NRA is not a telecoms company so it is right for us to assist the NRA or any other agency, be it the RPA, the canals company, CIE, Bord Gáis or a range of different State infrastructure companies. A one-stop-shop provides the capability of having a common regulated approach which makes it easy not only for the telecoms and Internet service companies, but also for the infrastructure company itself.

Deputy Simon Coveney: Has the Minister set a timeline for the establishment of the one- stop-shop?

Deputy Eamon Ryan: The process is ongoing. The mapping out which we have done of the State infrastructure which could have access to such infrastructure was an important first step. This Bill is an important further step and it will continue to evolve in conjunction with advice from ComReg and ascertaining what the market is doing at the same time to make sure we get the fastest, most widespread deployment of fibre across this network. How far that goes will to a certain extent evolve depending on the market. If we have a failure in the market, one would pursue at a much more fundamental level the use of State assets and their integration to provide an alternative solution. That is something where an alternative approach——

Deputy Simon Coveney: The Minister wants to cater for market failure before the State fulfils its potential in terms of its assets.

Deputy Eamon Ryan: No, one is looking to push to make sure that one has market success. One complements it with the work one is doing in the one-stop-shop and the provision of State infrastructure. A crucial first step is that one gets the basic infrastructure and access right, and this is what we are legislating for in the Bill. I welcome the comments from both Deputies opposite in that the broad provisions here in terms of the charging arrangements, the notification arrangements and what one does in the event of having to move ducting and do repairs, from what I have heard them say, are broadly along the right lines. It will have to work out in reality, however, and the sooner we get the Bill passed and this amendment approved, the sooner we can get on with the business of actually delivering that fibre infrastructure.

Question put and agreed to.

Communications Regulation (Premium Rate Services) Bill 2009: Order for Report Stage. Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I move: “That Report Stage be taken now.”

Question put and agreed to.

Communications Regulation (Premium Rate Services) Bill 2009: Report Stage. An Ceann Comhairle: Amendments Nos. 1 to 3, inclusive, 7, 9, 35, 37, 38, 39, 40 and 41 are consequential on each other and may be discussed together.

Deputy Simon Coveney: I object to the amendments being discussed together. While I have no problem with the vast majority of them, amendment No. 38 is the major amendment we are discussing and I would like the opportunity to take it separately so we can make final remarks

345 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage

[Deputy Simon Coveney.] on it. It concerns the issue we have been discussing for the past hour in terms of setting up the new role for the NRA. If the House is agreeable to that, it would be useful.

An Ceann Comhairle: Quite a few of the amendments will be recommitted so we are effectively back to Committee Stage debate, which is pretty open-ended. It is not Report Stage in that sense. For example, we will need to get recommittal agreed for amendments Nos. 1 to 3, inclusive, and amendment No. 38 is also a recommittal. A recommittal is necessary in respect of this amendment as it relates to the instruction to committee motion. The Deputy will have considerable latitude.

Deputy Simon Coveney: To clarify, the debate we have just had was on a motion for recommittal so that the Minister could introduce the substantive amendment we have just been discussing. Does this mean, as we go through each of these amendments, we are recommitting them for the purposes of discussion?

An Ceann Comhairle: I will be calling on the Minister to move the recommittal. For example, there is provision to recommit amendment No. 1. Assuming the House agrees to the recommittal, we are effectively back to Committee Stage debate, with Committee Stage latitude in debate.

Deputy Liz McManus: The point Deputy Coveney was making was that, rather than taking all of those amendments together, it would be no problem for the Minister to take amendment No. 38 separately. It is an enormous amendment.

An Ceann Comhairle: That will create difficulty. The Chair will be disposed to allow the Deputy to make all the cogent points about it. We will proceed. I call amendment No. 1. Bill recommitted in respect of amendments Nos. 1 to 3, inclusive.

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I move amendment No. 1:

In page 3, between lines 12 and 13, to insert the following: “PART 1 PRELIMINARY AND GENERAL

1.—(1) This Act may be cited as the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2009.

(2) The Principal Act, the Act of 2007 and this Act may be cited together as the Communi- cations Regulation Acts 2002 to 2009 and shall be read together as one.”.

Amendments Nos. 1 to 3, inclusive, 7, 9, 35, 37, 40 and 41 are technical amendments which have been made by the Parliamentary Counsel consequential to amendment No. 38 to change the Short Title of the Bill, to split the Bill into three Parts and to re-arrange certain sections of the Bill. As I have already covered the substantive issues in regard to amendment No. 38 during the motion to recommit, I do not propose to repeat them. I will, however, provide a short summary. Amendment No. 38 amends Part V of the Communications (Regulation) Act 2002. The main purpose of this amendment is to designate the National Roads Authority as the consent-giving

346 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage authority for national roads, which includes motorways. This is to facilitate the NRA making available its ducting on national roads, including motorways, to facilitate the roll-out of high- speed fibre networks to the regions. The proposed changes seek to strike a balance between the need to encourage and facilitate greater investment in broadband roll-out with the need to ensure that our road network is managed and operated in a manner that ensures the highest possible safety standards for all users. As I have proposed my own amendment, I do not propose to accept amendment No. 39 submitted by Deputy Coveney and Deputy McManus. As I said, amendments Nos. 1 to 3, inclusive, 7, 9, 35, 37, 40 and 41 are largely technical amendments which have been made by the Parliamentary Counsel consequential to amendment No. 38. I am happy to facilitate the Deputies. I imagine the substantive discussion will be on amendment No. 38 rather than on the technical measures.

Amendment agreed to.

Deputy Eamon Ryan: I move amendment No. 2:

In page 3, between lines 12 and 13, to insert the following:

“2.—In this Act “Principal Act“ means Communications Regulation Act 2002.”.

Deputy Simon Coveney: To deal with the group of amendments as a whole, it is not necessary for me to discuss amendments Nos. 1 to 3, inclusive, 7, 9, 35, 37, 39, 40 or 41. The issue is amendment No. 38 because all the other amendments are as a consequence of that amendment. On the whole, amendment No. 38 makes some sense and I am supportive of it. The one area where the Minister may consider amending it somewhat is in regard to relocation costs and roadworks. My understanding from the briefing earlier and from reading the amendment is that if a telco has laid fibre in a duct, or put a ducting in place itself and laid fibre, and if the NRA needs to put roadworks in place to either move the road or move the duct, then the NRA will make the appropriate financial compensation for the cost of actually reinstating that ducting as well as laying the fibre. In the instance where the NRA is effectively charging the telecommunications company for laying fibre in its own duct, if the NRA needs to move that duct for whatever reason, such as roadworks, and as a result the telecommunications company is inconvenienced and must move its ducting, the cost of putting the new duct in place must be borne by the NRA. At present there is no financial liability for the cost of relaying the fibre. We may have got the balance wrong and I ask the Minister to look at it. If someone is paying a rental fee for the use of an NRA duct and the NRA needs to shift that duct, and as a result forces a telecommunications company to take up the fibre and relay it in the new duct, when it is laid, the cost should be borne by the NRA so telecommunications companies can have some certainty that when they lay duct there will be some permanence and if there is to be a change, the cost will be borne by the landlord from whom they are renting the space. That may not be possible but it seems to be a sensible approach. If someone rents space and is forced to relocated, the cost of relocation is normally borne by the landlord if the landlord is forcing the change. My genuine concern is to make it as attractive as possible for private sector telecommunications companies to use State-owned ducting infrastructure, particularly NRA infrastructure, which is a valuable resource that is not being used at the moment. I do not want a situation whereby people feel they do not want to lay fibre in NRA-owned ducts because there may be

347 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage

[Deputy Simon Coveney.] a plan to shift the road or widen it in the near future and the cost of that may be prohibitive. If someone has a contract with e-Net to use us a fibre in a metropolitan area network and the MAN must be moved, is the cost of relocation and reconnection borne by e-Net? I suspect it is. I do not see why the same rationale does not apply for NRA ducting as it would for ducting owned by a private sector interest.

Deputy Liz McManus: I have some points to make but it is complicated when we are recommitting such a large group of amendments. On amendment No. 7, the Minister proposes to delete line 27, “Principal Act means Communications Regulation Act 2002;”. Does that mean there is no reference to any principal Act anywhere in the Bill? If there is, there should be an explanation of what that Act is. Why did the Minister need to insert amendment No. 38 even though Deputy Coveney and I had already made the same changes in amendment No. 39? Perhaps there were legal aspects, the whole process has been mysterious at every level. I agree with Deputy Coveney, there are issues related to compensation. The new section 53(6)(b) states the authority shall not be liable to the network operator for any loss or damage caused to the infrastructure, which is the property of the network operator, except where such loss or damage caused by the wilful act or gross negligence of the authority. Authorities do not engage in wilful acts and gross negligence sounds extreme. If there were a court case, a sharp lawyer could argue on behalf of the NRA that an act was not grossly negligent, even if it was negligent. No life may have been lost. How does one measure these things? What is gross and what is not? If any negligence is proven against an authority, there must be some sort of settlement made. We are talking about vital infrastructure that costs money. I am concerned about the use of the term “gross negligence”. “Wilful” act will not be a common experience but it is very hard to define gross negligence even though one can imagine someone in a digger being negligent and causing a fair amount of damage but not being grossly negligent. The arrangements that have been cobbled together with the Minister for Transport, because he wants his place in the sun, are unnecessarily complicated. What happens if one or other does not comply? There is a consultation period not exceeding 21 days between the two Depart- ments. What happens if the consultation period exceeds 21 days? Is it taken that the Depart- ment can proceed without getting any feedback? Is there a penalty? The Minister for Transport may draw up guidelines after consultation. The Minister for Transport has no interest in communications, and he certainly has no responsibility for them. The Minister for Communications, Energy and Natural Resources has a lot of responsibility and an interest in making sure this works but the guidelines are being drawn up by the Depart- ment of Transport. We want a clear line of authority in terms of devising the safeguards and protections that must be in place. How could such an elaborate system be considered to be the best way forward? We must see this come into operation quickly, with telecommunications companies able to access a resource they will pay for. It is a revenue gathering exercise but it must be done quickly and in a way that is not unduly bureaucratic.

Deputy Simon Coveney: I support the points made by Deputy McManus. I am reading the list of amendments, some of which relate to the role of the NRA versus the role of a local authority. For national roads, a telecommunications company should apply to the NRA if it

348 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage wants to dig up the road or use an existing duct. If it is a regional or local road it has to go through the local authority and there is a procedure in place. We are legislating for the NRA to charge for the use of ducting on national roads. That is fine. Is there any legal provision in this legislation to allow a local authority to charge for the use of local authority owned ducting or is it the same as applies to the NRA? If, for example, a company such as BT wants to roll out fibre to homes and wants to use ducting 9o’clock on a national road from Dublin, it deals with the NRA. If it then goes off the national road onto a regional local road that is the responsibility of Kildare County Council or some other local authority. Is there ducting infrastructure along local or regional roads that is the responsibility of local authorities? If not there should be in the future because when building roads, ducting should be put in place when it is appropriate. Can local authorities charge for the use of ducting infrastructure so people do not have to put in new ducting if there is an existing facility? Hopefully at some time in the future we will open access to Eircom ducting through regulation. If there is local authority-owned ducting, as there should be in some parts of the country, does this legislation allow local authorities to put deals in place with telecommunications companies when they need to use ducting along local roads? If so, did the Minister look at giving the NRA the capacity to deal with telecommunications companies for local and regional roads as well as national roads, where appropriate, in consultation with local authorities?

Deputy Liz McManus: I could not find the actual section from which I was reading earlier. As I read it, a telecommunications company would not be able to get compensation if something goes wrong on an NRA national primary route if permission had been granted prior to this by a local authority. Perhaps the Minister will clarify because there are instances where, for example, in my constituency, Eircom got permission from the local authority to go under the national primary route. In that instance it was the local authority that gave permission. If something is done by the NRA at some future date, does that mean the telecommunications company does not get any compensation? The other point, which I raised previously, is that I would be concerned that the NRA can have a representative present. I doubt if the NRA will be able to react quickly if there is a road opening or whatever and works have to be done. However, the area engineer working for the NRA or representing the NRA could be present and it would, at least, speed up that particular element in the whole process. Can an area engineer working for a local authority be classified as a representative of the authority who gives the permission? If that were so it would make things a little more streamlined.

Deputy Eamon Ryan: I can answer a number of the points raised. Deputy Coveney’s main point, which is a valid one for consideration, is the issue about cost allocation in the event of having to move ducting. The key distinction — he has not understood the provisions and that is understandable — is that the NRA will carry the cost of moving the ducting——

Deputy Simon Coveney: Yes.

Deputy Eamon Ryan: ——which is the main cost. The cost allocation for the telecommunications company relates to the fibre cable or the other equipment that is actually using that duct. The cost should in all instances be very modest. One is looking at a re-threading of fibre through——

Deputy Simon Coveney: I made that distinction but if it is that modest why does the NRA not take the full cost?

349 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage

Deputy Eamon Ryan: It is because there is a recognition that it would make sense for the people doing the technical, telecommunications company-based work, to cover the cost and also that there would be a modest cost for Eircom in terms of using alternative ducting where civil engineering works are involved in trying to do the work itself. The main cost is on the civil engineering side. The private sector, the telecommunications company, would carry the cost of the threading of fibre through or the relocation of switching equipment or other equipment. Deputy McManus made a number of different points. In regard to amendment No. 7, amendment No. 2 effectively relocates the definition of the “Principal Act”. It is catered for within amendment No. 2. I am informed that the term “gross negligence” is a legal term and there is fairly clear definition of it within the law. Therefore, I understand that wording is there because it is quite a specific term that the courts apply on a regular basis across a range of different areas. To answer a question on the reason this is complicated legislatively and why it was amendment No. 38 from myself rather than either of the amendments from Deputy Coveney or Deputy McManus that was approved, Standing Orders provide that it is only possible for a Minister to put forward an amendment on Report Stage in this way. The Deputies opposite were facilitating the attempt to get it in on Committee Stage where it was possible but I understand that under Standing Orders, that is not possible on Report Stage. That is why it was in the form of my own amendment No. 38 rather than in any alternative form. In regard to local authorities, they do have the ability to provide access and to charge. Our cities and towns are full of ducting, much of which runs under roads. There is a mechanism for the local authorities to manage that and to charge. It can only include administrative charges, they are not operating as telecommunications companies. However, there is a measure where such access is provided for. I will now deal with the last point raised by Deputy McManus on compensation for telecommunications companies in the event of the NRA doing something that would cause them major business disruption and so on. That is where the term “gross negligence” would apply. If through gross negligence on the NRA’s part, a loss was accruing to the telecommunications company, compensation would apply. On the issue of having a National Roads Authority representative present or the nature of the consent, the nature of the process, notification and so on, this will have to operate when we start working it on a pragmatic basis. We must have good protocols that protect the NRA or give it reassurance that it will not have major traffic jams every time one has to work on a repair fault on, say, the M50. One does not want to block the whole M50, so good protocols are needed around how such work is carried out. First and foremost, one has to ensure it is safe. There is a fundamental difference between having a repair truck out on a motorway where people are travelling at 120 km/h, and having it on a local road where they are travelling at 40 km/h or 50 km/h. There is a real need for protocols and procedures that would apply in terms of people working. The telecommunications companies will have to show they are capable of delivering on such standards because of the safety concerns involved in working on the motorway network and the consequences of traffic chaos if we do not get it right on the major roads on our network. I said earlier that sometimes it is difficult to get agreement across Government Departments and various different agencies. That is true in the case of any administrative system but the Minister for Transport, Deputy Noel Dempsey, is probably more keen than anybody else to see the ducting being used. He was the former Minister in this particular portfolio and was a keen advocate of us using our State infrastructure. The NRA had been given very clear instruc-

350 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage tions. It sees the economic benefit to the State of us using this ducting. I do not believe there will be a difficulty in setting up those protocols but that is what we have to do once the legislation is in place. This is done by regulations rather than in primary legislation.

Deputy Simon Coveney: How will ducting owned by local authorities be dealt with in legislation? For instance, if a network operator who is rolling out ducting and dealing with the NRA then moves to a regional road for which a local authority has responsibility, will the existing legislation apply in terms of digging up the road, putting the ducting in place? There are plenty of ducks in Cork at the moment but are there any publicly owned ducts, owned by local authorities and does this legislation facilitate access to them?

Deputy Eamon Ryan: I was a councillor on Dublin City Council in the late 1990s. From memory I think the local authority set up such a collaborative system as it was tired of private operators digging up the streets one after the other. I recall when many of the bus lanes were being implemented that ducting was installed at that time. This is done on an open access basis. Those arrangements are made on a local authority basis. The local authorities realise now that economic development and progress in their own areas requires good broadband connectivity and therefore it is a matter for telcos to negotiate with a local authority. They will have to do a deal with each local authority in turn but by and large, if a telco is prepared to provide fibre access into an area this can only be good for economic development in a local area across a range of activities. Most local authorities are aware of the benefits of this infrastructure and will facilitate a flexible approach with network operators. Existing legislation provides for this and this provision will weave in with it.

Deputy Simon Coveney: Are local authorities legally allowed to charge for the use of their ducting infrastructure at present?

Deputy Eamon Ryan: As I understand it is an administrative charge.

Deputy Liz McManus: They cannot make money out of it.

Deputy Simon Coveney: Can the NRA make money out of it? My point is that it is only a matter of time before fibre is rolled out to homes. Either this Minister or another Minister will do it. In my view this is the way Ireland will go in the future. It is crucial that not only do we allow open access to publicly-owned ducting on national roads and ducting available elsewhere in State ownership but we must also facilitate the roll-out of fibre into local and regional roads, into housing estates and ultimately into houses. The only way this can be achieved is either to access Eircom ducting through regulation, build our own new ducting or in some cases, use some of the State-owned ducting.

Deputy Eamon Ryan: I have a similar vision regarding the provision of fibre to homes although this will be more difficult in rural areas but this is what we are heading towards. It is equally available on either national or local roads, either via the National Roads Authority or each local authority. The provisions are similar. The charges are not commercially based so that local authorities will not become telcos, as it were; it is for them and the National Roads Authority to provide access to existing State ducting to cover the administrative charges. This legislation deals with both local authorities and the National Roads Authority in a similar manner, depending on the road the telcos are looking to use.

Amendment agreed to.

Deputy Eamon Ryan: I move amendment No. 3:

351 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage

[Deputy Eamon Ryan.]

In page 3, to delete line 13 and substitute the following: “PART 2 REGULATION OF PREMIUM RATE SERVICES

1.—In this Part—”.

Amendment agreed to.

Bill reported with amendments.

An Ceann Comhairle: Amendments Nos. 4 and 5 are related and may be discussed together.

Deputy Eamon Ryan: I move amendment No. 4:

In page 3, between lines 18 and 19, to insert the following:

““end user” has the meaning assigned to it by section 11(5);”.

These amendments have been made by the Parliamentary Counsel to provide for definitions of “end user” and “Minister” for the purposes of the Bill.

Deputy Liz McManus: I would have thought this is the kind of very minor detail that would have been dealt with before the Bill was published. I am a little surprised that this detail is being dealt with on Report Stage.

Deputy Eamon Ryan: I am informed they are provided for in the principal Act but this is a reiteration for this particular Bill. It is the nature of the various Stages of a Bill to improve and refine legislation.

Amendment agreed to.

Deputy Eamon Ryan: I move amendment No. 5:

In page 3, between lines 25 and 26, to insert the following:

““Minister“ means Minister for Communications, Energy and Natural Resources;”.

Amendment agreed to.

An Ceann Comhairle: Amendments Nos. 6, 8, 10 and 11 may be discussed together.

Deputy Liz McManus: I move amendment No. 6: In page 3, line 29, to delete “(other than a broadcasting service)”. This is an area where the Minister could make an improvement rather than just changing the name of a Minister in the line of a Bill and calling it an improvement. It seems the Minister has made some effort in amendment No. 11 to deal with the issue that I raised but it does not deal with the issue. The amendment proposes to delete “other than a broadcasting service”. It removes the exclusion of broadcasting services from the Bill. My concern is regarding a broadcasting development known as an “infomercial”. A programme which is essentially a money-making scheme for a premium rate service provider is broadcast and the broadcaster benefits from the programme making money. This has been the

352 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage subject of many complaints and criticisms in this country. Even under the change provided for by the Minister, a broadcaster who colludes with a premium rate service provider to scam the public will not come under the remit of this Bill which is very specific and deals with offences of this type. The Broadcasting Authority of Ireland will deal with the errant broadcaster. The Minister has stated eloquently many times that the broadcasting authority deals with quality of programming whereas this Bill is about ensuring people comply with the law and if not they will be punished. It is hoped that with the improvements put forward by the Opposition, people will receive their refunds. In this instance the Minister is saying that where a premium rate service provider is engaged in this kind of infomercial activity with a broadcaster, the premium rate service provider will be subject to the Bill but the broadcaster will still be off the hook. A Sunday newspaper recently reported that this programme had been the subject of many complaints and that the broadcaster in question argued there were only 12 complaints in total which was regarded as normal. This is grossly irresponsible. The example I cited relates to a person who paid \370 to a service which is essentially a scam. Callers cannot get through, the questions are impossible to answer and the premium rate service provider is able to coin it. Moreover, the broadcaster enjoys a cut. If we fail to address this activity in legislation, it will grow. It is fine for the Minister to isolate the premium rate service provider — I am delighted he had done so — but he is letting the broadcaster off the hook. Collusion between broadcasters and service providers will make a great deal of money for both parties. The matter must be addressed in the Bill. It cannot be dealt with in the Broadcasting Act as the role of the Broadcasting Authority of Ireland is clear. The Minister indicated initially that these matters would be addressed in the regulatory structure. Later, he stated the Broadcasting Authority of Ireland would have responsibility for broadcasters, while ComReg would have responsibility for errant premium rate service providers. This is a crazy system for the poor, unfortunate person who tries to have \370 or some other large sum returned as it allows the broadcaster to blame the service provider and vice versa. This approach is unsustainable in terms of consumer protection. Under amendment No. 8 the proposed structure, under which the Broadcasting Authority of Ireland and ComReg would operate as parallel regulators, would be replaced with a single, efficient and effective regulator. The regulators could learn from each other and pool resources, as required. An bord snip nua and Colm McCarthy have stated unequivocally that this type of approach needs to be taken. It should at least be facilitated, as is proposed in amendment No. 8. I am not forcing the Minister to accept that this must be done. The Minister has been astonishingly weak in countering the argument in favour of conver- gence between the two regulators. The relevant technologies are rapidly converging and it is self-evident that the two regulators must work together to ensure the regulatory structures meet the needs of broadcasting and telecommunications. The world is changing rapidly and technologies are developing at unbelievable speed. The needs of the consumer did not feature in the Bill until Opposition Deputies started to work on it. Customers must be at the heart of the legislation. That the issue of refunds did not feature until Opposition parties tabled amendments is indicative of a mindset which must be eliminated. The legislation is not solely about managing but also protecting people who are vulnerable. The vulnerable account for a disproportionately high number of those who avail of premium rate services. Broadcasting is a powerful medium and when late night television programmes are clearly money making rackets, it is essential that deal with both parties, the service provider and broadcaster. The legislation deals with only one half of a contract involving these two parties. It is clear, even taking into account the change the Minister proposes, that he is focusing

353 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage

[Deputy Liz McManus.] solely on the former and ignoring the latter. Amendment No. 6, by removing the reference to “broadcasting service”, would enable us to address this omission because the broadcaster would also be in the tent, as it were.

Deputy Eamon Ryan: Concern about this issue was the reason I instigated the legislative process. I was concerned by the letters I received and the number of complaints being made about these types of services. This concern has been confirmed by the type of programming to which Deputy McManus referred. Late one night I watched a programme which promised a major prize of \700 or \800 to viewers who could move two matches and form a new number. This sounded good and I telephoned with an answer. I was asked a simple question, namely, whether Dublin was the capital of Ireland and I answered “Yes”. Someone with a lovely voice then informed me that while I had done very well, I would not go through on that occasion.

Deputy Simon Coveney: The Minister should have answered “No”. Cork is the capital.

Deputy Eamon Ryan: I telephoned again and was asked the nationality of the band U2. When I answered “Irish” I was told I had done brilliantly but had just missed out. This happened 15 times in a row and each call cost \1.50. On each occasion, I was informed that while I had nearly got through, unfortunately I had not quite made it.

Deputy Liz McManus: The Minister should have identified himself.

Deputy Eamon Ryan: While this was taking place, I continued to watch the programme and found out that none of the answers was correct, including the one I had devised. I then decided to stop calling the service but my efforts cost me \50. Deputy McManus is correct that this is a scam by any other name. The reason we have regulatory systems in place is to protect members of the public from these sharp commercial practices. I do not propose to discuss specific details because the job of legislators is to allow other people to make adjudications on the matter. If a broadcaster is involved in the contractual arrangements or runs a premium rate service, it is subject to ComReg’s regulation of premium rate services because it is a party to the licence and service. In such cases of a contractual connection, the broadcaster is, therefore, subject to regulation. In other cases where a programme is not contractually connected to a broadcaster, ComReg’s role relates solely to the premium rate service provider. This raises a further aspect, namely, wider broadcasting policy and the quality and nature of programming, an issue that must be addressed by the broadcasting regulator. We have well defined mechanisms to allow us to pursue what are considered to be inappropriate cases. We must allow the regulators to do this work, provide refunds and make changes to licences, as they see fit. I do not propose to accept amendments Nos. 6 or 8. Amendment No. 10 is largely technical in nature, while amendment No. 11 is an attempt, following the debate on Committee Stage, to reflect the need for clarity and define the respective roles of the broadcasting service and premium rate service provider. This distinction will be clearly available to ComReg and the Broadcasting Authority of Ireland which will have an interest in this type of programme. We need to pass the legislation to allow the regulators to protect members of the public in a manner they see fit and appropriate.

Deputy Liz McManus: The Minister stated the broadcaster will come under the regulatory structure to be established under the legislation. I do not see any such reference in the Bill,

354 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage although I welcome his amendment No. 10 as it at least goes part of the road. The amendment states: “Where a specified premium rate service is advertised or promoted by means of a broadcasting service, it is the function of the Commission to ensure that the premium rate service provider, whose specified premium rate service is advertised or promoted, complies with the conditions attached to the licence in respect of that premium rate service.” If, however, a service provider colludes with a broadcaster, only the service provider gets caught and the broadcaster, which has benefited from the scam, may blithely decide, six months later, to engage in this activity with another service provider to see how long they can last before being caught. I expect it would be difficult to prove a case in court. The provisions do not refer to the broadcaster. This activity cannot take place without the collusion of a broadcaster. I am sorry I did not keep a recent newspaper article about a particular broadcaster which had argued that only 12 complaints had been made about a programme. The suggestion was that seemed to be a small number of complaints. However, if each of those 12 people have been scammed, it is a serious activity for one of our broadcasters to be engaged in. The amendment is welcome and I appreciate the Minister’s efforts. I am fasci- nated that he took the trouble to test the matter himself and good on him for so doing. Never- theless, it does not deal with the broadcaster, which is a very powerful element in all of this because it is the vehicle that transmits the programme and it is the body people trust. If it was simply a scam in some other form, we would not be as gullible, if that is the correct term. However, the programme is broadcast on television and we tend to trust what comes to us from television. In this case, the broadcaster would get off scot free.

Deputy Simon Coveney: This was an issue——

An Ceann Comhairle: The Deputy should note we are working within the constraints of Report Stage. This amendment is not for recommittal.

Deputy Simon Coveney: I have not said anything yet.

An Ceann Comhairle: I understand. I am simply making the point.

Deputy Simon Coveney: I presume I have two minutes or whatever is the allocated time permitted. I recognise the Minister has at least acknowledged the conversation we held on Committee Stage by tabling amendment No. 11. Since the last discussion, I tried the late night service on TV3. Let us be upfront about the broadcaster to which we refer. Even if I had switched to high-definition television, I do not believe I would have spotted the difference, which was the name of the game I played that night. We were asked to pick the odd one out in what appeared to be a very simple game, but, in fact, it was almost unwinnable. It reminded me of the time I worked as a student in Ocean City, Maryland. Essentially, I worked on a three-card trick gameshow which ripped off gullible Americans who believed they could trust the Irish guy. At the time, they could not. This is the same idea. It attracts viewers because one thinks one is spending a small amount of money. One fails the first time and tries again because it is only a small amount. Before one knows it, one has tried many times with a small amount and all of a sudden it becomes a large amount of money. This attracts young people because each effort costs only a small amount. The presenters are rather talented, persuasive and attractive. The point Deputy McManus has made more eloquently than I is that whether the broadcaster has hired a premium rate service provider to facilitate the telecommunications application that allows people to telephone in, be charged and participate in a competitive gameshow or the broadcaster decides to provide the service in-house, there is an onus on the broadcaster and

355 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage

[Deputy Simon Coveney.] we must ensure that it has a responsibility in legislation towards the provision of that service. This is the point we are making. It is somewhat missing the point to state that we should leave the broadcaster out of it because it simply provides the platform and promotion for the premium rate service provider, essentially, to scam people and to suggest ComReg should pursue the premium rate service provider because it provides the technology to do so. There should be a stick such that if a broadcaster knowingly facilitates unacceptable behaviour with regard to premium rate services, it should be liable and subject to an investigation from ComReg. I am not satisfied this is covered in the legislation and I do not understand why the Minister has rejected amendment No. 6.

Deputy Liz McManus: I know why.

Deputy Simon Coveney: The legislation specifically states “other than a broadcasting service”. Deputy McManus appears to know why. I accept the point that at times we must distinguish between the telecommunications provider or the premium rate service provider and the broadcasting platform or broadcaster. At times, the broadcaster may be both entities. In such cases, ComReg should be able to investigate the broadcaster. However, if it does not comprise both entities, the broadcaster has a case to answer. In my view, the Broadcasting Authority of Ireland is not equipped to investigate and this is the problem.

Deputy Liz McManus: When I stated that I know, I mean that I suspect the reason this is not done is because of the two silos, that is, ComReg and the BAI, Broadcasting Authority of Ireland. The Minister wants no leakage whatsoever such that ComReg would investigate a broadcaster. If this is the case, it is a very myopic view. If a broadcaster is scamming in this way and is party to the scam, then it must be in the frame. Otherwise, this will lead to various let outs and the premium rate service provider could blame the broadcaster because it could claim to be out of the loop. It is very important that there is a unified approach dealing with all parties involved. Finally, I suggest these two boys should get to bed earlier.

Deputy Eamon Ryan: It would be interesting to know whether Deputy Coveney had any difficulty getting through.

Deputy Liz McManus: He did not say.

Deputy Eamon Ryan: I also worked in the United States. I recall working in a bar in New Orleans. An identical scam was in operation across the road from it, which I watched day after day. People went in, were ripped off and came out again. It is interesting to hear of the Deputy’s similar experiences. If the broadcaster is in a contractual arrangement with the premium rate service provider, then it is a service provider according to the terms of amendment No. 11 and, in such instances, it would be subject to ComReg. However, if it were not, and there will be such instances, it would be a matter for the Broadcasting Authority of Ireland to regulate whether something is within its broadcasting code of practice, a matter with which the Department is also involved separately. There are mechanisms by which the authority regulates this aspect. This is an appropriate division because one is a commercial, telecommunications premium rate service and must be regulated by ComReg because it has real expertise in that area. The other is a broadcasting standards issue which the Broadcasting Authority of Ireland regulates. This is not a silo approach, it is a clear differentiation. We have been through this debate several times. It is clear to me this Bill provides the mechanism for us to protect the consumer against premium rate scams and that is our primary intention.

356 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage

Deputy Liz McManus: Section 1 clearly states:

“premium rate service” means a service having all of the following characteristics:

(a) it consists in the provision of the contents of communications (other than a broadcasting service)...

One cannot state a broadcaster is a premium rate service provider because, under the definition of a premium rate service provider, a broadcaster is excluded. The Minister cannot state that; it is simply not true.

Deputy Eamon Ryan: It not the case where a contractual arrangement to that part——

Deputy Liz McManus: That is not in the Bill and no one would accept that in court. The Minister has specifically excluded broadcasting. Let us suppose a broadcaster does a deal with a premium rate service provider. If the authority goes after the premium rate service provider, the broadcaster gets off the hook. The first thing it would argue is that it is not in the arrangement. It could argue that it is not a premium rate service provider because of the specific provision in the Bill. There is an ill-logic there, if such a word exists. This is not the case and it is remiss of the Minister to state that it is the case. It is not. The definition of a premium rate service provider excludes broadcasting such that a broadcaster cannot be a premium rate service provider. However, it can do a deal with such a service provider to scam the public.

An Ceann Comhairle: We are at the stage where we must make a decision on amendment No. 6.

Deputy Liz McManus: Will the Minister respond to my remarks?

An Ceann Comhairle: I will allow the Minister to respond very briefly.

Deputy Eamon Ryan: Where there is a legal contractual arrangement involving the broadcasting service, then it is part of the premium rate service provider.

Deputy Liz McManus: It is not.

Deputy Eamon Ryan: If it has a contract, it is.

Deputy Liz McManus: The legislation does not state as much.

Deputy Simon Coveney: The legislation does not state as much. That is the Minister’s interpretation, but is states specifically in black and white that a broadcaster is not and that is the problem.

Deputy Liz McManus: I note the civil servants are nodding their heads, but it is not actually the case.

Deputy Simon Coveney: What is the point in having the words “other than a broadcasting service” if broadcasters are going to be subject to the investigation of ComReg if they are contractually tied to a premium rate service provider anyway? Why are we specifically saying broadcasters are excluded from something if they are only going to be under investigation if they are providing a premium rate service under contract with a premium rate service provider? If that is the interpretation of the Bill then why do we have to state “other than a broadcasting service”? I do not understand why that is necessary. There is no need for the ambiguity.

357 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage

Deputy Liz McManus: If I contract a photographer to take photographs for me, that does not make me a photographer.

Deputy Eamon Ryan: The definition of a premium rate service provider does include a broadcaster where it is involved in a contractual arrangement for the provision of such a service.

Deputy Liz McManus: Where is that stated?

Deputy Eamon Ryan: It is in the definition of the premium rate service provider.

Deputy Liz McManus: The definition states “other than a broadcasting service”.

Deputy Eamon Ryan: That is a different definition.

Deputy Liz McManus: So we have two definitions. Where is the definition to which the Minister referred? Having two definitions is a funny way to do business.

Deputy Eamon Ryan: The definition of a premium rate service provider is “a person who does any or all of the following, for gain:”. Paragraphs (c) of the definition states, “packages together the contents of a premium rate service for the purpose of facilitating its provision,”. Where a broadcaster has a contractual arrangement——

Deputy Liz McManus: The Minister is going too fast. What line is the reference in on page 4?

Deputy Simon Coveney: Half way down page 4, at line 18.

Deputy Eamon Ryan: Lines 17, 18 and 19, paragraph (c), under the definition of a “premium rate service provider”.

Deputy Liz McManus: I thank the Minister.

Deputy Eamon Ryan: A “premium rate service provider” means a person who does any or all of the following, for gain and among these is paragraph (c), which states, “packages together the contents of a premium rate service for the purpose of facilitating its provision,”.

Deputy Simon Coveney: Is a broadcaster a person?

Deputy Eamon Ryan: Yes. A broadcaster would be considered a person in that instance. In addition, paragraph (f) of the same definition states, “provides the electronic communications service over which a premium rate service is provided, or provides the electronic communications network over which a premium rate service is transmitted”.

Deputy Liz McManus: Why has the Minister excluded broadcasting?

Deputy Eamon Ryan: It is because, as I said, one does have instances where, for example, one could have a premium rate service, for example, as part of a late night show with a prize for a competition based on telephone or text entry. It is not a scam; it is a small part of the programme. One does not want ComReg to become the overall content regulator of the broadcasting service.

Deputy Liz McManus: Exactly.

Deputy Eamon Ryan: It is a difference of opinion in that regard that is at the root of our discussion.

358 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage

An Ceann Comhairle: Are the Deputies satisfied? Is Deputy McManus going to——

Deputy Simon Coveney: I do not think the Minister is correct in his interpretation because if one considers lines 10, 11 and 12 on page 4, it is stated that what is termed a “premium rate service licence” means “a licence authorising a premium rate service provider to provide a premium”. In other words, a premium rate service provider has to have a licence according to section 4, which is at the bottom of page 5. The reference by the Minister to the definition of a “premium rate service provider” under paragraph (c) is someone who has applied for a licence to do that. A broadcaster will not have done that, so it does not come under that definition. That is why broadcasters take on a hired gun who has gone to the trouble of getting a licence, as broadcasters do not get the licence themselves.

Deputy Eamon Ryan: If one is included in the definition on page 4 of a premium rate service provider, then one would have to have a licence.

Deputy Simon Coveney: A broadcaster will not have a licence.

An Ceann Comhairle: We are on Report Stage.

Deputy Simon Coveney: We are on shaky ground. The Minister has made a mistake.

Deputy Liz McManus: Michael McDowell will make mincemeat of the Minister.

An Ceann Comhairle: How stands the amendment?

Deputy Simon Coveney: I wish to press amendment No. 6. Question, “That the words proposed to be deleted stand,” put and declared carried.

Amendment declared lost.

Deputy Eamon Ryan: I move amendment No. 7:

In page 4, to delete line 27.

Amendment agreed to.

Amendment No. 8 not moved.

Deputy Eamon Ryan: I move amendment No. 9:

In page 4, to delete lines 35 to 37 and substitute the following:

“2.—(1) The Minister may appoint a day to be the appointed day for the purposes of this Part and upon which this Part has effect.”.

Amendment agreed to.

Deputy Eamon Ryan: I move amendment No. 10:

In page 5, line 14 to delete “section” and substitute “subsection”.

Amendment agreed to.

Deputy Eamon Ryan: I move amendment No. 11:

359 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage

[Deputy Eamon Ryan.]

In page 5, between lines 46 and 47, to insert the following:

“(2) Where a specified premium rate service is advertised or promoted by means of a broadcasting service, it is the function of the Commission to ensure that the premium rate service provider, whose specified premium rate service is advertised or promoted, complies with the conditions attached to the licence in respect of that premium rate service.”.

Amendment agreed to.

An Ceann Comhairle: Amendment No. 13 is related to amendment No. 12 and is, logically, an alternative to it. The amendments may be discussed together by agreement.

Deputy Eamon Ryan: I move amendment No. 12:

In page 6, between lines 29 and 30, to insert the following:

“(e) the potential end users for which the premium rate service is intended,”.

Having given consideration on Second Stage to the matter raised by Deputy Coveney I decided it was a useful addition to the section and I tabled the amendment on that basis.

Amendment agreed to.

Deputy Simon Coveney: In order to be helpful I will withdraw amendment No. 13. I welcome the Minister’s amendment No. 12.

Amendment No. 13 not moved.

An Ceann Comhairle: Amendments Nos. 19, 24 and 25 are related to amendment No. 14 and they may be discussed together by agreement.

Deputy Liz McManus: I move amendment No. 14:

In page 7, between lines 31 and 32, to insert the following:

“(11) The Commission may give a direction to a network operator that is necessary or expedient for the performance of the functions of the Commission, and the network operator shall comply with the direction.”.

These various amendments deal with greater powers for the commission. Amendment No. 14 inserts the power to give relevant directions to network operators to deal with matters such as the refusal of network operators to inform their customers about a stop command. That issue has been the source of some complaint where people text in the word “stop” and nothing happens. The relationship of the network operator in terms of ensuring the customer is not being ripped off is dealt with by the amendments. I am not sure whether I raised this issue on Committee Stage but it is worth itemising now. In amendment No. 16, I suggest that a small number of services might not need to be licensed and perhaps should not be licensed, and should be exempt, for example, an emergency helpline. I refer to a rape crisis centre, a Garda helpline or a women’s refuge. That kind of service perhaps should not be included in the formal licensing structure and requirements. The commission could have the power to exempt services on the grounds of public good or public service.

360 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage

The issue arises also of the network operator. It does not seem to me that there are sufficient teeth in terms of the role of the network operator, for example, to withhold payments or to have an active part in stamping out activity that is undesirable. The commission may direct a network operator to cease to carry the premium rate service concerned. That is an immediate and quick way to end some kind of activity that is illegal and is taking advantage of people, and is the source of a scam or rip-off. If the network operator can be included in the frame in terms of what the commission can do and the powers the commission has, that would be an effective way to deal with such rip-offs.

Deputy Eamon Ryan: I do not accept amendment No. 14. There is a need to balance the power of the commission to regulate with the rights of the person being regulated. The Bill, as drafted, strikes that balance. There is certainty as to what is expected of the service provider once it is licensed to provide a service. The proposed amendment would remove that certainty. If the commission wishes to add additional conditions to a licence, it may do so under regulations made by it under section 5.

Amendment put and declared lost.

Deputy Eamon Ryan: I move amendment No. 15:

In page 7, line 32, to delete “may” and substitute “shall”.

This amendment is proposed following the debate on Second Stage and suggestions from Deputies Coveney and McManus that it be pursued. It will ensure regulations under section 5 will be made by ComReg. Although I am satisfied with the existing section, it strengthens it. ComReg is required to make such regulations in order to discharge its functions under the Bill.

Amendment agreed to.

Deputy Liz McManus: I move amendment No. 16:

In page 7, line 34, after “section 4,” to insert the following:

“or the class or type of premium rate services which do not require to be so licenced”.

I made the point already that there may be some exemptions that do not need to be fully licensed. I imagine it is a very small sector, such as emergency lines and so on. I made the point at the wrong stage in this debate, so I will not repeat it.

Deputy Eamon Ryan: The proposed amendment is not accepted. In drafting the Bill, consideration was given to allow ComReg to make an order exempting certain classes of premium rate services from the requirement to be licensed. In order to provide for exemptions from this requirement, the legislation would have to be clear as to the type of service that would be exempted. In discussions with the Attorney General’s office, the advice was that from a legislative perspective, it would be preferable to empower ComReg to specify by regulation which services require to be licensed and the current provision in the Bill was suggested on that basis. This approach will also provide certainty to existing and intended premium rate service providers as to the types of premium rate services for which they will require a licence and will reduce the regulatory burden on the sector. As the regulator of the sector, ComReg will be in touch with developments in the sector through its association with other regulators and its ongoing engagement with the industry. It

361 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage

[Deputy Eamon Ryan.] will, therefore, be in a position to foresee any new developments which may lead to new types of premium rate services being offered to the public and will have the knowledge and experience to specify in regulations the type of services that need to be licensed.

Deputy Liz McManus: While the Minister is not willing to accept the amendment, is he saying the commission will still have the power to define by regulation certain services that will be exempt? Is he saying that no services can be exempt?

Deputy Eamon Ryan: I am saying it would be for ComReg in issuing regulations to decide.

Deputy Liz McManus: It can do that.

Deputy Eamon Ryan: Yes.

Deputy Liz McManus: Okay. That is great.

Deputy Eamon Ryan: I said the opposite. Rather than in the negative, it would have to specify in the positive which ones require licence.

Deputy Liz McManus: I understand.

Amendment, by leave, withdrawn.

An Ceann Comhairle: Amendments Nos. 17, 20 and 21 are related and may be discussed together.

Deputy Liz McManus: I move amendment No. 17:

In page 7, between lines 42 and 43, to insert the following:

“(2) It shall be a condition of a licence under section 4 that—

(a) the premium rate service provider shall ensure that any service of an ongoing nature may be readily terminated by the user at any time, and in the case of a service provided by SMS, the user may terminate the service at any time by sending “stop” in reply to any SMS received,

(b) where a premium rate service provider fails to comply with paragraph (a) in any particular case, he or she shall refund the user in accordance with and subject to regulations under subsection (1) and shall pay the user compensation in accordance with and subject to such regulations.”.

This goes back to this issue of the “stop”. The subject of many complaints was that people found they were being billed for a service which they were not aware would cost them much or which they did not even know they had taken up. It must be easy for a user to opt out of the service and there must be real sanctions if the service provider does not stop the service on demand. On Committee Stage, the Minister said what we proposed was a bit too prescriptive. I have altered the amendment somewhat to try to allow for that and to allow that all actions would be in accordance with regulations. However, it is a particular issue that needs to be specified in the Bill because it is raised so often. Regtel’s experience was that this was a feature in the number of complaints and queries it received.

362 Communications Regulation (Premium Rate 8 December 2009. Services) Bill 2009: Report Stage

Deputy Eamon Ryan: The proposed amendment is not accepted. Largely along the lines we stated in the debate on Committee Stage, it would not be appropriate to set out the terms and conditions of a licence in primary legislation. Again, the advice from the Attorney General’s office is that the type of detail the Deputy’s amendment, even as amended, proposes is more appropriate for inclusion in secondary legislation. To specify such detail in the Bill is not appropriate or desirable. The terms and conditions of a licence may vary over time and different terms and conditions will apply to different classes and types of premium rate services. The terms and conditions of a licence, including any requirements in regard to refunds, will be set out in regulations made by ComReg under section 5. The amendment introduced on Committee Stage provides for this. It was also pointed out on Committee Stage that the current code of practice under which Regtel may require refunds where there has been a breach of the code will still apply until a new code has been drawn up by ComReg to replace it. The major difference between the current and the proposed regimes is that under the provisions of this Bill, compliance with the code of practice will be a condition of a licence and thus enforceable under law whereas the current code of practice is not enforceable as it has no standing in law.

Deputy Liz McManus: Amendment No. 20 provides for a power to direct the service provider to remedy a situation which means other people will not be affected. However, I am not clear that it will ensure the person who has been hard done by will be compensated and that the issue will be addressed. There seems to be this concentration on the system rather than on the individual. Since the Minister will not accept my amendment, will he explain how the Bill will ensure that a person who has been taken advantage of will be compensated while the operator is remedying its activity?

Deputy Eamon Ryan: I am happy to clarify that if I can. At an early stage, we introduced an amendment to section 5 to ensure the conditions of a licence should include the basis and circumstances in which a refund may be used to end users. In response to the concerns expressed by Deputies McManus and Coveney on Committee Stage and following further consultation with the Attorney General’s office, I propose amendment No. 21 in order to remove any doubt that the remedy of any non-compliance with, or breach of, a condition of a licence shall require a refund of charges to any end user of premium rate services concerned with the non-compliance or the breach. On Committee Stage Deputy McManus tabled a similar amendment to this section to ensure refunds and I am happy to introduce amendment No. 21 to cover that issue.

Deputy Liz McManus: That is fine.

Amendment, by leave, withdrawn.

Amendments Nos. 18 to 20, inclusive, not moved.

Deputy Eamon Ryan: I move amendment No. 21

In page 8, line 43, after “breach” to insert the following:

“and to refund any charge imposed by the provider on any end user in respect of any premium rate service that is connected with the non-compliance or breach”.

Amendment agreed to.

363 Hospital 8 December 2009. Accommodation

An Ceann Comhairle: Amendments Nos. 22 and 23 are related and amendment No. 23 is an alternative to amendment No. 22. Amendments Nos. 22 and 23 may be discussed together.

Deputy Eamon Ryan: I move amendment No. 22:

In page 9, line 3, to delete “in case of repeated non-compliance, or” and substitute “for reasons stated in the notification, or”.

Following consideration of the points made by Deputy Coveney on Second Stage, the amendment has been agreed with the Parliamentary Counsel. It will enable ComReg to stipulate a shorter period than one month within which the service provider must remedy a breach of a condition for reasons other than for repeated non-compliance. The amendment strengthens this provision and I am happy to include it at this stage.

Amendment agreed to.

Amendments Nos. 23 to 25, inclusive, not moved.

Debate adjourned.

Adjournment Debate.

————

Hospital Accommodation. Deputy Willie Penrose: I thank the Ceann Comhairle for selecting this important matter for the Adjournment tonight. It is very important for the people of Westmeath, whom I represent. I am forced to speak here again because of the disgraceful, arrogant and dismissive actions of the HSE regarding the disproportionate cutbacks being foisted on the regional 10 o’clock hospital in Mullingar. These caused the accident and emergency department to close for a number of days last weekend due to the unsafe levels of overcrowding which arose as patients waited to be treated. The upshot of this decision, which was reluctantly taken and motivated by the safety and well-being of patients, was that people requiring urgent treatment had to be brought to other hospitals in the region. I raised the plight of this important and centrally-located hospital in Mullingar in the Dáil on 12 November. I pointed out that, in light of the fact that 41 acute beds — or 20% of the total acute beds complement of the hospital — were to be closed, the outcome we witnessed at the weekend was inevitable. Like all hospitals across the country, one might anticipate some reduction in acute beds because of savings being sought. Mullingar is not any different. Never- theless, the 20% reduction of the total acute beds complement at Mullingar hospital was excessive and clearly disproportionate. It had the potential to render the hospital potentially unsafe for acute admissions over the winter. It is reported that the number of people lying on trolleys has escalated dramatically over the past two years. At one stage last Thursday, 22 patients were waiting to be admitted, with all trolleys in use. That is normal, as 15 to 25 patients could be there at various times. The union representatives involved, who were putting the patient interests first, indicated that the accident and emergency department at Mullingar was unable to cope with the level of overcrowding; this will get worse as we progress into the depths of winter, when the number of acute admissions significantly increase. The level of overcrowding last weekend did not arise from an unusual peak or a surge in activity. What will happen when there is a significant spike in the level of activity in admissions?

364 Hospital 8 December 2009. Accommodation

The whole system will creak and break down unless immediate action is taken to reopen most of the recently closed beds at the hospital. Lest anybody be misled, plenty of beds are available. Four wards are closed and worse still, a new ward of 26 beds in the west wing of the new part of the hospital remains closed. What sort of a system of management allows such a scandalous state of affairs to exist? It is outrageous behaviour on behalf of the HSE and the Government, along with the HSE, is treating the citizens of Longford and Westmeath as second-class citizens. I have lost all faith in the HSE. Mullingar is one of the most efficient hospitals in the country from a case mix perspective and is in the top three of the 52 hospitals in this country on a continuous basis. What thanks does it get only to be left with an ongoing deficiency in bed numbers which seriously impacts on the emergency capacity? Furthermore, the hospital is down approximately 35 nurses over the past 12 months due to non-replacements and retirements. In whole-time equivalent terms, it is well below the average staffing levels in Irish hospitals. The people of Longford and Westmeath, whom I represent, feel this is part of an ongoing strategy to cripple and downgrade the status of a top-performing hospital. In light of recent events, it is hard to quibble with that assessment. As I have said before, the Government has failed the people of Longford and Westmeath in the delivery of health services. There is a significant gap between the many promises made on the electoral stump and the reality which has been delivered. I call upon HSE management, whom I understand met with consultants and other personnel at Mullingar hospital this evening, to tackle this serious and pressing problem with extreme urgency. The Government and the HSE think nothing of riding roughshod over the people of Longford and Westmeath. Let me retort on their behalf — the Government and HSE will not get away with it. On 30 November 2009, I communicated with the HSE, asking that the 26 beds in the west wing be opened and staffed so as to alleviate difficulties. It was a positive proposal to reduce the impact of the loss of these acute beds. I did not even get the courtesy of a reply, so need I say more?

Minister of State at the Department of Health and Children (Deputy John Moloney): I apologise to Deputy Penrose as the Minister for Health and Children, Deputy Mary Harney, cannot be here this evening to respond herself.

Deputy Willie Penrose: I am glad the Minister of State is here as he is decent.

Deputy John Moloney: I thank the Deputy. I will be taking this matter on the Minister’s behalf. The HSE accepts that there was a problem in the emergency department at Mullingar hospital on Thursday last week. However, since then all patients in the emergency department were either admitted or discharged within the target of six hours set by the HSE this year. The hospital’s budget for 2009 is in excess of \64 million, increased from \54.8 million in 2006. As Deputy Penrose rightly points out, the hospital has been recognised as being one of the most efficient in the country in the context of the annual case mix adjustment. Last year, the hospital was the highest in the country with a positive case mix adjustment of \1.977 million. It should be noted that inpatient activity at Mullingar to the end of September was 0.2% ahead of last year, whereas day case activity was up by 6.2% year on year. There have been 24,636 emergency attendances to the end of September this year, a reduction of 5.7% on the same period last year.

365 Water and 8 December 2009. Sewerage Schemes

[Deputy John Moloney.]

Mullingar hospital, in common with all other agencies, is required to manage its services within the approved allocation and to run its services within the approved employment ceiling. It is envisaged that the hospital will break even this year and will be within its employment ceiling by end of year. There are no plans to increase the number of nurses employed in the hospital. At the end of October, there were 289.5 whole-time equivalents on the nursing staff, an increase of one whole-time equivalent on the same month last year. In November, patients were transferred from old accommodation in Mullingar hospital to state-of-the-art accommodation in the newly upgraded wards at the hospital. The new wards are a major improvement in terms of standard of care that can be afforded to patients. Under the new arrangements, the number of inpatient beds has been reduced from 220 to 199, and the number of day beds has increased by 13 from 11 to 24. In addition, there are five extra observation beds. These changes are very much in line with international practice, which aims to encourage a greater emphasis on the practice of day care medicine. This is a well-established part of the HSE’s transformation programme and it will lead to an increase in the overall number of patients treated in the hospital in 2010. The adjustment in beds taking place will help to improve the position, thus making the hospital even more effective in providing care and treatment in the future. The revised bed complement in place as a result of the move to the new hospital has been fully endorsed by the consultant surgeons and consultant obstetricians at the hospital. In addition, many discussions led by the clinical director have taken place with all relevant consultant staff at the hospital to increase the throughput of surgical and gynaecology work at the hospital. The provision of additional day ward beds as detailed will facilitate this increase in workload. The hospital is arranging to carry out a bed utilisation study with a view to establishing that all beds within the hospital are being utilised to maximum effect and that all admission and discharge processes are being fully and effectively managed. It is important to note that the current usage of day beds in Mullingar hospital is still behind the international norms for such bed utilisation. As previously noted, there has also been an increase in the number of observation unit beds from six to 11. These beds are strategically located next to the emergency department to cater for the overflow of patients from that department, which can occur from time to time. The hospital also intends to increase the throughput of patients through the medical assessment unit, which will also alleviate pressure in the emergency department. I am confident that the hospital will continue to provide the best possible quality of care for all its patients.

Water and Sewerage Schemes. Deputy Michael P. Kitt: I thank the Ceann Comhairle for allowing me to raise the issue. As the Minister of State knows, the proposal to have Milltown sewerage scheme included for sanction by the Department of the Environment, Heritage and Local Government was originally included in a bundle of four schemes for Milltown, Claregalway, Craughwell and Car- raroe. It was probably one of the saddest days ever when four schemes like this were put together because it was obviously too big a bundle and there was no possibility of the four schemes proceeding together. I was very glad to hear that Milltown and Claregalway would proceed as two schemes, as they are most important. Claregalway is in west Galway and Deputies from there have been

366 Water and 8 December 2009. Sewerage Schemes making the case for that village. However, I know more about Milltown because it is in north Galway in my constituency. It is located on the N17 north of Tuam and it is one of the tidiest villages in the county. It is appalling that it has taken 20 years to even get the scheme on a list for submission to the Department. If sanction cannot be obtained for a sewerage scheme in the village, it will be difficult to cater for further development there. A temporary sewerage scheme is in place on one estate in the village. Milltown is on the River Clare, which flows into the River Corrib and, therefore, pollution is a serious threat. It is heartening, however, that sites are available for the sewerage schemes in both Clare- galway and Milltown. The local GAA club has made a site available in Milltown and the Planning and Development Acts has been availed of for both schemes. There is no reason, therefore, that they should not proceed together. Many building contractors would be glad of the opportunity to proceed with the schemes while maintaining the economies of scale required. However, the lesson is there is no need to bundle schemes in large packages. It might be better to proceed with one scheme, as happened in most cases in the pasts. It is not good to bundle schemes but Galway County Council has submitted the schemes for Milltown and Claregalway as a bundle and they are on the Department’s list. I hope the Minister for State will have news that they will proceed together.

Minister of State at the Department of Agriculture, Fisheries and Food (Deputy Trevor Sargent): Ba mhaith liom mo bhuíochas a gabháil leis an Teachta as an deis an scéal seo a shoiléiriú. My colleague, the Minister for the Environment, Heritage and Local Government, cannot be present and he asked me to take this matter on his behalf. The Milltown and Claregalway sewerage schemes are both included for funding in the Department’s Water Services Invest- ment Programme 2007-2009. When this programme was published in 2007, it was envisaged that Milltown and Claregalway would be advanced as part of a four-scheme bundle, which would also include the Craughwell and Carraroe schemes. The preliminary reports for Clare- galway and Milltown were approved by the Department in 2003 and 2004, respectively. The contract documentation for these schemes was submitted to the Department for approval in 2008. However, at that stage, the component relating to the collection networks was not accompanied by the certificate of completion of planning necessary for the examination of the contract documentation by the Department. When the contract documentation was submitted for Milltown and Claregalway, Galway County Council also submitted a proposal to unbundle these schemes from the Craughwell and Carraroe schemes. The Department is considering this proposal in the context of the examination of the contract documents. The Department works in close co-operation with Galway County Council in the progression of all the schemes in the county. The schemes for Milltown and Claregalway are among the 50 major water and sewerage schemes included in current investment programme for County Galway. The priority to be accorded to individual schemes is a matter, in the first instance, for Galway County Council. Last July, local authorities were asked to submit an assessment of needs for water and sewerage services in their areas to the Department by 23 October. The Department is examining these assessments, which will form a key input to the development of the 2010 to 2012 water services investment programme. In conducting their assessments, local authorities were asked to prioritise schemes and contracts for progression over the coming years based on key environmental and economic criteria. The 2010 to 2012 programme will be a three-year rolling plan for the provision of major water supply and wastewater infrastructure.

367 Flood 8 December 2009. Relief

[Deputy Trevor Sargent.]

Strategic environmental and economic objectives have provided the rationale for investment in water services infrastructure since 2000. With the changed economic climate, and the completion of the first cycle of river basin management plans by local authorities in the near future, there is a greater need than ever to focus on these key priorities. The 2010 to 2012 programme will do this by prioritising projects that target public health and environmental compliance issues, support economic and employment growth, and offer best value for money. The Depart- ment expects to publish the Water Services Investment Programme 2010-2012 early next year. I assure the Deputy that the Department will work closely with Galway County Council to advance priority schemes identified in the programme.

Flood Relief. Deputy Bernard Allen: The recent floods that hit Cork city and county were the worst I have experienced. Unlike serious flooding in the past, this was caused by a combination of heavy rainfall and, in particular, the opening of the dam at Inniscarra. Before getting to the key questions that need to be answered, I would like to pay tribute to the emergency services of all the statutory bodies who were involved in providing relief to the people of Cork. Those who at times question the effectiveness of public services should recognise the importance of the work they did immediately before and after the flooding. Cork City Council front line staff provided relief for victims in homes and businesses. The Garda, the Army and the HSE were also heavily involved. I would also like to pay tribute to the staff of the parks and roads departments. They provided relief for those whose water was cut off for more than a week, including myself. Last night Mr. Joe Gavin, Cork city manager, presented a report to the city councillors, which revealed that three warnings issued by the ESB in the 12 hours before the city began to flood significantly underestimated the volume of water the company would release through its dam in Inniscarra. The report states the ESB delivered three warnings to the council on 19 November at 11.30 a.m., 5 p.m. and 10.10 p.m. The final warning, which was sent less than an hour before the city began to flood, said discharge levels would increase up to 450 cubic metres per second. The city then experienced what has been described by one victim as “a mini- tsunami” causing millions of euro worth of damage throughout the city and also putting lives at risk. The report also states that, at a meeting at 4 p.m. the following day, the ESB revealed that in the hours after its final warning it had been forced to increase the discharge of water through the Inniscarra dam to 535 cubic metres per second but the company, significantly, said it was fully satisfied with its role in the management of the floods and with the adequacy of warnings to the local authorities. In raising this issue on the Adjournment, I believe that nothing short of a public inquiry into the flooding in Cork will satisfy the victims of the floods. In the time available, I cannot deal with the issues of the quay walls or the availability of relief funding for victims whose homes and businesses were destroyed but I support the speedy implementation of relief schemes. What has happened has happened with all its tragic consequences for many people but we must apply ourselves to ensure such a catastrophe never happens again. Many questions remain about the effectiveness of the warning system and the plans to protect the city from similar events in the future. Why were businesses and homeowners not given an effective advanced warning that would have allowed them to protect their property? What prompted the ESB to make the decision to release the huge volume of water from the Innis- carra dam? Did the ESB release water from the dam in the weeks and months before the flooding to minimise the effects of heavy rainfall? Was the structural integrity of the dam under

368 Flood 8 December 2009. Relief threat? How much funding will be needed to reinforce the city’s quay walls? Is there a need to examine how development on flood plains played a part in exacerbating the severity of the floods? What can be done in the long term to protect the city’s water supply from being hit by flooding again? A journalist in the Cork Evening Echo, Mr. Ronan Bagnall, set out these questions in a recent issue of the newspaper and he quoted an ESB spokesman who said that it would vigorously defend its management of the unprecedented flood of the River Lee in a forthcoming review. That review must be a fully transparent public enquiry into the events leading up to the flood. As this is the only format that will satisfy the victims of the flood, it must be done in a totally open manner. An internal review involving the agencies and the Department of the Environment, Heritage and Local Government will not be sufficient. The principles of transparency and accountability must be upheld. In his reply I hope the Minister of State will accede to the request for a full public inquiry and not a half-hearted review. All of the facts must come out.

Deputy Trevor Sargent: The Minister for the Environment, Heritage and Local Government, Deputy John Gormley, has asked local authorities, including Cork City Council, for reports on the effects of the recent flooding in their areas and an assessment of the measures that can be taken to reduce the risk of such flooding in the future. The Deputy will appreciate that the Minister does not have responsibility for the activities of the Electricity Supply Board and he awaits the report from Cork City Council which I am sure will cover the recent events relating to the release of water by the ESB. Primary responsibility for flood risk management rests with the Office of Public Works, which has the lead agency role for devising and implementing measures, including flood relief schemes, to deal with flooding in Ireland. With regard to measures to be taken against future flood risks in the Cork City area, the OPW commissioned the River Lee catchment flood risk assessment and management study, in conjunction with Cork County Council and Cork City Council in 2006, as the pilot study for the national flood risk assessment management programme. The objective of the study is to identify and map existing and potential future flood risk areas in the River Lee catchment, through detailed hydrological and hydraulic modelling and flood-mapping. Once the flood risk has been quantified and mapped throughout the catchment, with particular focus on developed areas, or areas under potential development pressure, a catchment flood risk management plan is developed, which includes a prioritised set of actions, measures and works to manage the flood risk in the catchment. In light of the recent flood events of November 2009 and the subsequent need to study the new data, the timeframe for completion has been extended to allow for a review of the risks and proposed options. Once this review is complete, the flood risk management plan and associated strategic environmental assessment will be published by the OPW, along with the flood maps, for formal public consultation early in the new year. After all relevant comments from this consultation have been addressed in the catchment flood risk management plan, the study will be complete and the recommendations will be put forward for implementation on a phased basis. When the various reports and the above mentioned study are complete, the position going forward will be much clearer for all the parties concerned. Separately, the national director of the National Directorate for Fire and Emergency Management has been asked to carry out a review of the operational procedures of the framework for major emergency management during the flooding event.

369 Malting Barley 8 December 2009. Industry

[Deputy Trevor Sargent.]

The Minister would like to thank the City and County Council staff, together with the Garda Síochána, the Defence Forces and voluntary bodies, for all the work they undertook during the recent flooding event. Although the major emergency response procedures operated well, the Minister is, of course, very conscious of the distress and disturbance that individuals and their families continue to experience as a result of the flooding.

Deputy Bernard Allen: This is the start of a cover-up. This is totally unsatisfactory. The ESB must be held accountable and the Minister of State has stated that the Minister has no responsibility for the ESB. Somebody must have responsibility. This is a cop-out. There should be no cover-up of the facts related to this. Too many people’s businesses and livelihoods are at risk. Some Minister must be able to bring the ESB to book on this. I apologise to the Acting Chairman.

Malting Barley Industry. Deputy Seán Fleming: I will share a moment of my time with Deputy John Browne. I request that Dáil Éireann calls on the Minister for Agriculture, Fisheries and Food and his Government colleagues to ensure that malt and malting barley production is retained in Ireland as a condition of any proposed sale of Greencore Malt to a foreign food company. We are all concerned at reports in the media in recent weeks of the sale of Greencore Malt. A number of approaches have been received by Greencore plc. I understand a French company, Soufflet, visited Ireland more than a week ago to inspect the various facilities of Greencore Malt as part of this process. Approximately 1,500 Irish farmers grow 130,000 tonnes of malting barley each year and this has been the case for generations with an excellent tradition in many counties, including Laois, Kildare, Carlow and Wexford. It is a valuable premium crop and I am concerned that if this does not continue those farmers would grow feed barley, leading to an excess of feed barley production in the country, with a knock-on effect on prices. There is a malting plant in Athy and depots in Stradbally and Emo in County Laois and I am concerned at reports that they may close early in the new year. I also understand there are four depots in Wexford. Greencore Malt was formed at the beginning of 2000 with the integration of three Greencore- owned malting companies, namely, Minch Malt in Ireland, Belgomalt in Belgium, and Pauls Malt in the UK. The company has 500,000 tonnes of malting barley in the three countries and the proposed purchaser, Soufflet, already has 1.5 million tonnes of malting barley. If it succeeds in this takeover it will be the biggest malt processor in Europe and perhaps the world. I also want to highlight the fact that there is a very strong Guinness link through the Smithwicks brand to this malting barley and Guinness trades on its Irishness. It is essential that Irish malting barley continues to supply Guinness. If this link is broken it could have a knock- on effect for the Guinness operation in Ireland. I sincerely hope this does not happen. Here we go again with Greencore. It closed the Irish sugar industry and thousands of farmers, employees and excellent plants in Carlow and Mallow were thrown to the wind with no benefit to the Irish consumer. Greencore is nothing but an asset-stripping company. It is like a pack of vultures and it is at it here again. That is why I call on the Minister and his colleagues to refer any proposed purchase of Greencore Malt to the EU competition authorities. The purchase by Soufflet would create a new company that would have too much dominance and may abuse it in due course. It would be the biggest malting processor in Europe if it succeeds.

370 Malting Barley 8 December 2009. Industry

Will the Minister call in the chief executive of Greencore and demand guarantees on the continued growing of malting barley and the continuation of malting in Ireland if Greencore decides to sell Greencore Malt and it is approved by the EU. I am very concerned about the future of farmers in this regard.

Deputy John Browne: I support my colleague, Deputy Seán Fleming, in calling on Greencore to ensure that malting barley growing and malt production will continue in Ireland should it sell its commercial entity. Wexford, Carlow, Kilkenny and Laois have been to the forefront in growing malting barley through the generations. It is recognised that they produce the best malting barley in Europe and they have consistently done so. I am concerned that Greencore does not have a commitment to ensure that malting barley will continue to be grown here. To lose this valuable product would devastate the farming sector in the south east. There would also be a loss of jobs in the depots in County Wexford, including the Minch depot in Enniscor- thy and three others. We already lost the beet industry, which was a major loss to farmers in the south east and it would devastate them completely if we lost the malting barley industry. Despite the fact that Greencore is a commercially independent company I expect the Minister for Agriculture, Fish- eries and Food and the Department to ensure that in any sale it would protect the livelihoods of our malting barley growers and ensure that malting barley growing and malt production would continue in this country for many years to come. As Deputy Fleming indicated, Guinness and malting barley production go hand in hand in Ireland. It would be a major blow to the economy if a company from France purchases Green- core Malt and closes down production here. There is a genuine fear among farmers in the south east that this will happen. I ask the Minister of State to ensure that it does not happen and also that the livelihoods of farmers involved in growing malting barley will be protected.

Deputy Trevor Sargent: Gabhaim buíochas don Teachta as an cheist seo a ardú. The Department of Agriculture, Fisheries and Food has a long association with the malting barley industry in Ireland which dates back to the beginning of the 1900s, with the introduction of a Guinness-initiated programme of breeding and trialling to improve the varieties of malting barley available to Irish growers. This association was formalised in 1971 when my Department and Guinness agreed to share the operating costs of the programme. The programme ceased in 2002, due mainly to Guinness withdrawing from it. A number of other significant developments also took place in the brewing industry in Ireland at that time: first, Guinness was subsumed into a new operating company, Diageo, and decided to cease buying malting barley from growers and instead purchase finished malt from malting companies; and, second, the Greencore Malting Group was formed at the beginning of 2000 following the integration of the three Greencore-owned malting companies, namely, Pauls Malt in the UK, Minch Malt in Ireland and Belgomalt in Belgium. These changes facilitated the introduction of a new operating relationship and cost structure programme between the Department and the malting industry whereby maltsters identified the varieties for entry into official trials and became involved in replicating the trials; and the Department continued official trialling of the varieties and submitted samples from the trials as well as issuing the appropriate results and reports. The industry paid an annual cost to the Department for this service. While this arrangement has worked well from an operational point of view, the number of malting barley varieties being trialled has decreased significantly in the past decade. There has been an increased focus and discussion between maltsters — particularly Greencore, which is

371 The 8 December 2009. Adjournment

[Deputy Trevor Sargent.] the main purchaser of malting barley in Ireland — and growers’ representatives with regard to the prices being paid. The issue of prices paid for malting barley in Ireland is a matter for growers and malting companies. I am aware of recent press coverage suggesting that Greencore may be exiting the malting industry by selling off its operation. While my Department, particularly in light of its involvement in the trialling, will be monitoring developments, the issue of the sale of the company by Greencore is a commercial matter for those involved and I cannot become involved in any formal way in that regard. However, I will discuss the matter with the Minister for Agriculture, Fisheries and Food, Deputy Brendan Smith, in order to discover what action might be taken.

The Dáil adjourned at 10.35 p.m. until 10.30 a.m. on Wednesday, 9 December 2009.

372 Questions— 8 December 2009. Written Answers

Written Answers.

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

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Questions Nos. 1 to 9, inclusive, answered orally.

Questions Nos. 10 to 31, inclusive, resubmitted.

Questions Nos. 32 to 39, inclusive, answered orally.

Hospital Services. 40. Deputy Denis Naughten asked the Minister for Health and Children her plans to develop services at Roscommon Hospital and at Portiuncula Hospital, County Galway; and if she will make a statement on the matter. [45301/09]

Minister for Health and Children (Deputy Mary Harney): The Government is committed to ensuring the delivery of the best quality health services possible in a safe, effective and efficient way. It is essential that we prioritise patient safety and quality and that we organise and manage services accordingly. The priority is to provide safe services as close as possible to where people live. In the past, Roscommon County Hospital and Portiuncula Hospital operated independently. Advances in clinical care and ever-increasing levels of specialisation mean that this model of care faces important practical difficulties which must be addressed. The difficulties faced by Roscommon and Portiuncula in maintaining surgical services independently, and the need for closer co-operation between them, were highlighted by the former Comhairle na nOspidéal in March, 2006. The best way of retaining and of developing services at Roscommon County and Portiuncula Hospitals is for these hospitals to work closely together and for both to co-ordinate their activities with University College Hospital, Galway. The Health Service Executive (HSE) concluded a review of surgical and anaesthetic services at Roscommon County and Portiuncula Hospitals in mid-2008. In light of this review, the Executive is proceeding with the re-configuration of the surgical and anaesthetic departments of the two hospitals into a Joint Department of Surgery and Anaesthesia. As part of this plan a joint clinical director was appointed this year and joint consultant appointments are being progressed that involve sessional commitments at Roscommon County Hospital and at 373 Questions— 8 December 2009. Written Answers

[Deputy Mary Harney.] Portiuncula Hospital. In total, there will be five consultant surgeons serving the two hospitals. A new consultant surgeon post was recently filled. A replacement consultant surgeon post is in the process of being filled. In addition, two consultant physicians with sessional commitments at Roscommon, Portiuncula and Galway University Hospital have been recruited and are expected take up their posts in the early part of 2010.

Prescription Charges. 41. Deputy Shane McEntee asked the Minister for Health and Children her plans to introduce a prescription charge for medical card holders; the level at which this charge will be set; the revenue expected to be raised from same; and if she will make a statement on the matter. [45633/09]

42. Deputy Jack Wall asked the Minister for Health and Children her plans to introduce a prescription charge for medical card holders; the way in which such a charge would be collected; and if she will make a statement on the matter. [45568/09]

55. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children her plans to introduce prescription charges for holders of medical cards; and if she will make a statement on the matter. [45524/09]

57. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children her plans to introduce prescription charges for holders of medical cards; and if she will make a statement on the matter. [45526/09]

72. Deputy Arthur Morgan asked the Minister for Health and Children her plans to introduce prescription charges for holders of medical cards; and if she will make a statement on the matter. [45528/09]

97. Deputy Martin Ferris asked the Minister for Health and Children her plans to introduce prescription charges for holders of medical cards; and if she will make a statement on the matter. [45530/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 41, 42, 55, 57, 72 and 97 together. At the moment 1,461,207 people have medical cards. This has increased by 109,087 on last year. The number of prescriptions issued under the GMS has increased from 12.79 million in 2004 to 15.648 million in 2008. The number of items dispensed under the GMS has also increased from 35 million items in 2004 to 48.21 million items in 2008. The number of items per prescription has increased from 2.74 items in 2004 to 3.08 items in 2008. The ‘Report of the Special Group on Public Service Numbers and Expenditure Programmes’ recommended that a co-payment of \5 be introduced for each prescription under the Medical Card and Long Term Illness Scheme. It estimated that a charge of \5 would raise \70 million in a full year.

Health Services. 43. Deputy Joe Costello asked the Minister for Health and Children her plans to introduce

374 Questions— 8 December 2009. Written Answers a cervical cancer vaccine scheme; if this issue has received consideration in the deliberations in advance of Budget 2010; and if she will make a statement on the matter. [45539/09]

Minister for Health and Children (Deputy Mary Harney): I have made my position on a cervical cancer vaccination programme clear on many occasions in the past. I remain committed to the introduction of such a programme at the earliest possible opportunity having regard to clinical priorities and the effective use of available resources.

Hospitals Building Programme. 44. Deputy Alan Shatter asked the Minister for Health and Children if the site for the proposed 60 bed psychiatric unit, for which planning permission was granted, does not impinge on the proposed site for the co-located hospital at Beaumont Hospital, Dublin; if so, when she will proceed with the construction of the psychiatric unit at Beaumont Hospital; and if she will make a statement on the matter. [45660/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): The development of an acute psychiatric unit at Beaumont Hospital is included in the HSE Mental Health Capital Programme which is currently under consideration in the context of Budget 2010; it is proposed to fund the Programme from the proceeds of the sales of the old psychiatric hospitals. While the co-located hospital impinges on the original site identified for the unit, a new Development Control Plan for the Beaumont Campus has been prepared and an alternative location has been identified for the psychiatric unit. The brief for the proposed unit is being verified at present and the 3 recently appointed Executive Clinical Directors for Mental Health in the Dublin North East Region will be key contributors in this exercise. It is expected that the verification of the brief will be completed in the first quarter of 2010 and the detailed planning process will then commence.

Health Service Staff. 45. Deputy Pádraic McCormack asked the Minister for Health and Children if additional resources have been made available to community welfare officers in Health Service Executive west to administer the humanitarian assistance scheme for persons devastated by flood damage; and if she will make a statement on the matter. [45631/09]

Minister for Health and Children (Deputy Mary Harney): I am assured by the HSE that Community Welfare Service staff, throughout the country, have been providing huge support to families every day since the flooding occurred. Community Welfare Service staff continue to work tirelessly on the ground in locations where flooding took place. Additional clinics have been arranged and emergency financial and other assistance has been made available to households including emergency accommodation. The Humanitarian Assistance Scheme is being set up to provide means-tested financial support to people who have suffered damages to their homes. An initial sum of \10 million has been set aside by the Government for this purpose. The scheme is being administered by the Community Welfare Service of the Health Service Executive on behalf of the Department of Social and Family Affairs. The level of payment available under the aid scheme to any qualified individual will depend on the severity of the damage to that person’s home and the extent of the loss experienced as well as household income and general family circumstances. HSE West in Galway and Galway County Council have begun to contact people whose homes have been affected by the flooding in the county to establish their needs e.g. furniture, clothing and medicine. People who are experiencing hardship due to the unprecedented flooding in County Galway in recent days are encouraged to phone their local Community Welfare Officer in their local Health Centre and

375 Questions— 8 December 2009. Written Answers

[Deputy Mary Harney.] an appointment will be arranged as quickly as possible. There is no need to wait to see a CWO at a public clinic. The HSE in Galway has set up a Counselling Helpline to assist people who have been affected by the stress of the recent flooding in Co. Galway. This Helpline is staffed by psy- chology and social work professionals. In addition, a separate HSE Information Line, telephone number 1800 283 036, has been established to advise people on the practical services that are available to assist them following the flooding in their particular county.

Health Service Reviews. 46. Deputy Denis Naughten asked the Minister for Health and Children when the prospectus review of critical care services will be published; and if she will make a statement on the matter. [45300/09]

Minister for Health and Children (Deputy Mary Harney): In 2008 the HSE commissioned Prospectus Strategy Consultants to carry out a comprehensive review of adult critical care services. The brief was to consider the current provision of adult critical care services in the public health system and to provide advice on the appropriate model and configuration of critical care provision. It was also asked to advise on related matters such as appropriate governance arrangements, HR, work practice, clinical audit and training issues, as well as supporting provisions such as transport and infrastructure. The Prospectus Team included four international advisors, together with two critical care experts nominated by the Intensive Care Society. Their work included site visits to each of 37 hospitals with Critical Care facilities, a 30-day survey and audit of critical care activity in each hospital, stakeholder consultation and a review of best international practice. The HSE has recently received the final report and is examining it at present. This is a significant piece of work, which will inform decisions about the future provision and organisation of this key element of the acute hospital system. A date for publication of the report has not been decided as yet.

Question No. 47 answered with Question No. 37.

Hospital Services. 48. Deputy Emmet Stagg asked the Minister for Health and Children if her attention has been drawn to the number of lives that could be saved and the improvement in the quality of life for large numbers of persons that would be achieved by the further development of stroke services including clot buster thrombolysis, acute rehabilitation and stroke units in acute hospitals; the plans in place for such developments; and if she will make a statement on the matter. [45564/09]

Minister for Health and Children (Deputy Mary Harney): In September 2007, I established a National Cardiovascular and Stroke Policy Group to develop a new policy framework covering all aspects of cardiovascular health, including stroke. As part of its work the Group addressed issues raised by the Irish National Audit of Stroke Care 2008 including the organisation of stroke services, the development of stroke units, the provision of thrombolysis, as well as models for rehabilitation and discharge planning. The Report of the Policy Group is being finalised at present. In parallel my Department and the Health Service Executive are developing an Implemen- tation Plan. This will include a Stroke Programme. The aim of this programme will be to

376 Questions— 8 December 2009. Written Answers prevent stroke and to deliver high quality care to patients with stroke in order to reduce the number of deaths and the number of patients with severe disability. Both of these reports will be brought to Government shortly with a view to publication.

Medical Inquiries. 49. Deputy Pat Rabbitte asked the Minister for Health and Children the progress she has made in the establishment of an inquiry into the alleged abuse carried out by a doctor (details supplied) in the north east; and if she will make a statement on the matter. [45557/09]

Minister for Health and Children (Deputy Mary Harney): I met with the support group, Dignity 4 Patients, on 29 October 2009 to inform them of my decision, in consultation with the Cabinet and the Attorney General, to establish an independent review to examine whether further investigation into the case of Mr. Michael Shine would be of public benefit. I also made a commitment to the group to establishing a full statutory investigation should this review so recommend it. The Terms of Reference for this review, which I announced on 29 October 2009, are as follows: To examine and recommend to the Minister for Health and Children: (a) Whether a further investigation into the procedures and practices operating at Our Lady of Lourdes Hospital Drogheda during the period 1964 to 1995 to protect patients from sexual abuse while undergoing treatment or care at the hospital and to deal with alle- gations of sexual abuse against Mr Michael Shine, would be likely to provide additional information or insights which would be of significant public benefit in helping to improve present best practice guidelines and policies (including the Children First Guidelines), which apply to the treatment of patients in hospital for the purpose of protecting such patients from being sexually abused. (b) The examination and recommendation should have regard to: 1. The report of the Independent Review Group (1996); 2. Current guidelines and policy concerning the treatment of patients in hospital, including the Children First Guidelines and relevant rules of professional conduct and medical ethics; 3. The views of groups or individuals representing complainants including the group Dignity 4 Patients; 4. The need to avoid prejudicing ongoing civil or criminal proceedings or investigations. I am satisfied that these terms of reference allow the review to give support groups, including Dignity 4 Patients, and of course all concerned groups and individuals, an opportunity to engage with the process, present their views, be heard in full and have those views taken into account in the outcome of the review. I hope to be in a position to confirm who will be the independent person undertaking the review very shortly.

Family Support Services. 50. Deputy David Stanton asked the Minister for Health and Children further to Parliamen- tary Question No. 40 of 30 April 2009 if her attention has been drawn to whether the NUI

377 Questions— 8 December 2009. Written Answers

[Deputy David Stanton.] Galway study of inappropriate care roles of young carers has been completed; her views on the way these young people could be better supported by this State; and if she will make a statement on the matter. [40674/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): The report on the study of Children as Carers being undertaken by the Child and Family Research Centre at NUI, Galway has not yet been completed. A final draft is expected in early 2010.

Primary Care Services. 51. Deputy Olwyn Enright asked the Minister for Health and Children the number of contracts or leases that have been signed by the Health Service Executive with general practitioners in relation to primary care centres to date; the location of these centres; and if she will make a statement on the matter. [45611/09]

Minister for Health and Children (Deputy Mary Harney): The HSE sought expressions of interest in December 2007 and in July 2008 for the provision of Primary Care Centres for Primary Care Teams. Negotiations with interested parties proceeded in respect of 163 locations. Letters of intent have issued in respect of approximately 80 of these locations. Of that number,

• one centre has opened in Letterkenny

• 7 centres are due to open by the end of January 2010 at Kinnegad, Moate, Gorey, Waterford City, Carlow, Callan and Trim, and

• a further 37 centres are scheduled to open during 2010.

The terms and conditions of the leasing arrangement stipulate that the HSE will only sign a lease with a landlord when GP involvement in providing services from the Primary Care Teams accommodated in the Centre has been agreed. The HSE has indicated that negotiations may not be completed in all of the chosen locations due to planning issues, withdrawal of developers or banking or market conditions. The HSE is also continuing to develop Primary Care Centres through its Exchequer funded Capital Programme with 7 such Centres opened in 2009 at Irishtown, Marks Lane and Dundrum in Dublin, at Strokestown, Co. Roscommon, at Inis Mór, and Clonbur, Co. Galway and at Westbury, Co. Clare. A Centre is due to open in Mallow in early 2010.

Medical Compensation Scheme. 52. Deputy Dan Neville asked the Minister for Health and Children the date the Advisory Group on No Fault Compensation for Brain Damaged Infants was established; the reason the group has not been brought together since its last meeting scheduled for May 2008 was cancelled; when the group’s report will be published; and if she will make a statement on the matter. [45642/09]

Minister for Health and Children (Deputy Mary Harney): An advisory group was established in 2001 to examine the feasibility of establishing a no fault scheme for infants who suffered cerebral damage at, or close to, the time of their birth. The Group stopped meeting in early 2004 due to the dispute with hospital consultants on the introduction of the Clinical Indemnity Scheme. In 2006 I asked the chairman, Dr. Peter McKenna, to reconvene the group with a view to finishing its work and producing a report. The Group met on a regular basis until 2008 but has been unable to complete its report due

378 Questions— 8 December 2009. Written Answers to the pressure of other commitments in 2008 and 2009. However, members of the Group have continued to be in contact and work on the preparation of the report has continued. It is intended that a meeting of the Group will be convened in order to review progress in the New Year. I will await the Group’s report before giving further consideration to a wider no fault compensation scheme for the health services.

HIV Infection. 53. Deputy Pat Rabbitte asked the Minister for Health and Children if her attention has been drawn to the increase in the number of persons who contracted HIV or Aids here in 2009; if her attention has been drawn to the factors that have led to this increase; if any public awareness campaign is planned to ensure that people protect themselves against contracting HIV or Aids; and if she will make a statement on the matter. [45556/09]

Minister for Health and Children (Deputy Mary Harney): The figures for newly diagnosed HIV infections released last week refer to the first two quarters of 2009. Final figures for 2009 have yet to be compiled by the Health Protection Surveillance Centre of the HSE. The increase in the number of new diagnoses in recent years has arisen largely due to the increase in population over that time and the inward flow of immigrants from areas of high endemic HIV. Figures for 2008 and the increase in the first two quarters of 2009 also showed a particular increase in the number of diagnoses among men who have sex with men. HIV prevention requires a multi-sectoral approach involving statutory and voluntary agencies as well as people living with HIV. This approach has been promoted through the National AIDS Strategy Committee. The implementation of Relationships and Sexuality Education in schools as part of the national curriculum is a basic component of the prevention strategy. The health and education sectors work in partnership with NGOs to support schools in the delivery of this curriculum in a manner that aims to meet the needs of young people, with more specifically designed programmes for young people most at risk. Ongoing investment is also made by the health sector in delivering safer sex messages to the broader youth population through direct advertising and marketing campaigns in places of entertainment etc. These campaigns have become a key part of the sexual health promotion infrastructure in Ireland and over the past 15 years have continued to reinforce the core message of condom use and early testing. The National AIDS Strategy Committee’s HIV and AIDS Education and Prevention Plan 2008-2012 was launched last year to provide a roadmap for HIV and AIDS Education and Prevention. It presents six key areas for action among seven population groups at particular risk of HIV infection. The plan was developed by the Education and Prevention sub-committee of the National AIDS Strategy Committee and was informed by research conducted by NUI Galway and by the findings of the Irish Study of Sexual Health and Relationships.

Hospital Waiting Lists. 54. Deputy Seymour Crawford asked the Minister for Health and Children the number of persons waiting more than one year for an out-patient appointment; the maximum waiting time for an out-patient appointment; her views on the recent Comptroller and Auditor General finding that there was no significant reduction in the national average waiting time for outpatient appointments and that some patients wait up to eight years for an appointment; and if she will make a statement on the matter. [45597/09]

Minister for Health and Children (Deputy Mary Harney): There are approximately 3.2 million outpatient attendances a year at public hospital outpatient departments (OPDs). I am

379 Questions— 8 December 2009. Written Answers

[Deputy Mary Harney.] determined to improve access to OPD services, which represent one of the key points of access to the acute hospital system. This is reflected in the HSE’s National Outpatient Department Service Improvement Programme, the principal aims of which are to:

• Increase the number of new patients seen

• Reduce waiting times for patients

• Reduce the number of patients who do not attend for their scheduled appointments (DNAs) and

• Ensure that all patients are seen within 30 minutes of their appointment time.

The programme is currently focusing on increasing new attendances, concentrating initially on the specialties of dermatology, orthopaedics and otolaryngology. Individual hospitals have identified and implemented initiatives to reduce waiting-times and to improve new attendance numbers, such as additional patient slots and clinics (including evening clinics); partial booking systems; centralised referral and booking systems; discharge policy initiatives; and reducing the frequency of return visits. Work is also being undertaken to validate waiting lists to ensure that they reflect only patients actually waiting to be seen. The Service Improvement Programme includes work to enable comprehensive out-patient waiting list data for all hospitals to be collated and analysed on a standardised national basis. At present, however, the HSE is not in a position to provide the specific information sought by the Deputy. The findings of the Comptroller and Auditor General in his 2008 Report were, I believe, reflective of the fact that, until recently, this significant area of acute hospital activity had not been the subject of an integrated national approach. The Comptroller’s report acknowledged the work being undertaken under the HSE’s Service Improvement Programme and the considerable advances already made in relation to the cataloguing of outpatient waiting lists and the reporting of waiting-times. The HSE has indicated that there were almost 4,000 additional new attendances in dermatology, otolaryngology and orthopaedics in the period January to September 2009 compared to the same period in 2008, bringing the number of new attendances in these specialties for the period to over 128,000. OPD performance is one of a number of acute hospital service priorities which, from 2010, will be the subject of a system of specific performance management arrangements in order to support the achievement of targets for access to services.

Question No. 55 answered with Question No. 41.

56. Deputy Paul Connaughton asked the Minister for Health and Children if all patients in need of a colonoscopy are seen within her one month target waiting time; the number of patients waiting more than one month; and if she will make a statement on the matter. [45590/09]

Minister for Health and Children (Deputy Mary Harney): The HSE is required to report under Section 10(2) of the Health Act 2004 on compliance with a target of four weeks for urgent colonoscopies from date of referral. An audit on referrals for urgent colonoscopy carried out by the HSE in October showed that 582 or 61.2% of all urgent cases were treated within the target time of one month. However, 328

380 Questions— 8 December 2009. Written Answers or 34.7% were waiting between one and three months and 35 or 3.7% were waiting more than three months. Figures provided by the HSE for 29 November last show that numbers waiting longer than the target time for urgent colonoscopy were down significantly to 151 or 18.4% of urgent referrals, of whom one patient is waiting longer than three months. The HSE has advised that action is being taken to bring the total number waiting longer than one month to zero by mid-December. A performance indicator covering this issue will be included in the HSE’s 2010 Service Plan, with formal monthly reporting on performance. I understand that the HSE is separately compiling details of waiting times for routine colonoscopy examinations.

Question No. 57 answered with Question No. 41.

Departmental Reports. 58. Deputy John Perry asked the Minister for Health and Children when and if the recommendations of the Vaccine Damage Steering Group Report, published on 17 November 2009, have been accepted by her; and if she will make a statement on the matter. [45654/09]

Minister for Health and Children (Deputy Mary Harney): My Department is currently considering the recommendations of the Vaccine Damage Steering Group in detail.

Cancer Screening Programme. 59. Deputy James Bannon asked the Minister for Health and Children the reason she has not published the Health Information and Quality Authority Report, which was promised in September 2009, to identify the way a national programme of colorectal cancer screening could be delivered within existing resources; the date the national programme of colorectal screening will commence; and if she will make a statement on the matter. [45574/09]

82. Deputy Liz McManus asked the Minister for Health and Children the progress made on the financing of the planned colorectal cancer screening programme; and if she will make a statement on the matter. [45550/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 59 and 82 together. Two reports about screening for colorectal cancer were published on 17 June. The first was a report by the National Cancer Screening Service Board on the development of a national colorectal cancer screening programme. The second was a Health Technology Assessment of a population based colorectal cancer screening programme in Ireland, carried out by the Health Information and Quality Authority (HIQA). Both reports confirmed that a properly organised screening programme would have huge public health benefits and that population based colorectal cancer screening would be highly cost effective. I requested HIQA to explore different ways of delivering a high qualityΛcolorectal cancer screening programme within existing cancer screening resources, based on the range of advice contained in the two expert reports. ΛThis report was provided to me towards the end of October. I expect also that the HIQA report will be published shortly.

381 Questions— 8 December 2009. Written Answers

Hospitals Building Programme. 60. Deputy Charles Flanagan asked the Minister for Health and Children if the development of a new central mental hospital is still a priority in view of the financial difficulties facing the State; if a decision has been made on the location of the new central mental hospital; when this decision will be announced; and if she will make a statement on the matter. [45615/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): It has been ascertained that the site proposed for the development of a new Central Mental Hospital (CMH) at Thornton Hall, Co Dublin, is not large enough to accommodate an Intellectual Disability Forensic Mental Health Unit and a Child and Adolescent Forensic Mental Health, the need for which has been identified by the HSE. While the question of the relocation of the CMH to an alternative site is currently under consideration, the redevelopment of the hospital remains a priority for the Government.

Medical Training. 61. Deputy Andrew Doyle asked the Minister for Health and Children the action she will take to increase the number of general practitioner training places in 2010; the discussions the Health Service Executive have held with the Irish College of General Practitioners in relation to same; if additional resources will be made available for this; and if she will make a statement on the matter. [45607/09]

67. Deputy Phil Hogan asked the Minister for Health and Children her views on the recent ESRI finding that some 350 general practitioners will retire between 2006 and 2010, 450 will retire between 2011 and 2015 and more than 500 will retire between 2016 and 2020; the action she will take to address this issue; and if she will make a statement on the matter. [45622/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 61 and 67 together. I am aware of the potential shortage of General Practitioners (GPs) highlighted in the recent ESRI Report and the June 2009 FÁS Report. There is currently one model of GP Training in Ireland, which is provided by the Irish College of General Practitioners (ICGP). This is a four year model, with 2 years based in hospital rotations and 2 years on an approved GP training programme. At present, there are 120 GP training places per year. The Health Service Executive (HSE) has been working on an ongoing basis to address the deficit in the number of new general practitioners entering the Irish health service each year. This work, to date, has focused on a proposal to the ICGP to substantially increase the intake of GP trainees from July 2010 onwards. This proposed increase is being considered in the context of the re-organisation of GP training structures and resources to reflect the regional organisation of the HSE. This proposal is part of ongoing discussions between the Executive and the ICGP. The HSE is also in discussion with the Irish College of General Practitioners to identify a mechanism of up-skilling long term locums or assistants who are not eligible for GMS contracts because they have not undertaken/passed the Membership of the Irish College of General Practitioners (MICGP) examination and have not obtained membership of the College through the award of a Certificate of Satisfactory Completion of Training (CSCT) from the Medical Council. An alternative model of training has been discussed to enable them to access the specialist register and thus become eligible to take on GMS posts.

382 Questions— 8 December 2009. Written Answers

Other measures to address the GP manpower issue include:

• A list of GMS GP posts has been advertised centrally on the HSE Website.

• A recruitment drive is being undertaken in the UK and EU countries to attract qualified GPs to Ireland.

• The HSE is encouraging GP assistantships and partnerships in relation to upcoming retirements.

• The HSE is issuing new GMS panels in regions urgently requiring additional GPs.

• Some restrictions on entry to the GMS Scheme have been removed.

• The retirement provisions for GPs holding contracts under the GMS and other schemes have been extended.

The HSE is continuing to develop Primary Care Teams and Primary Care Centres so that GPs applying for posts are attracted to high quality, well supported posts in suitable premises. To date, 145 Primary Care Teams have been established. These are centred on multidisciplinary team working, which reduces the need for GPs to carry out duties which are more appropriate for other team members and ensures that patient care is provided on a combined team-based approach. I am confident that these measures will have a positive impact on any potential shortage in GP numbers. However, I will continue to liaise with the HSE, the training bodies and relevant organisations to ensure that appropriate measures are implemented to deal with any threat to the numbers of GPs.

Cancer Screening Programme. 62. Deputy Deirdre Clune asked the Minister for Health and Children if her attention has been drawn to the negative effect that recent changes to the CervicalCheck screening programme are having on women’s access to the service; if her further attention has been drawn to the fact that these changes are at complete variance to the original purpose of the programme and only serve to control demand by limiting supply; and if she will make a statement on the matter. [45588/09]

Minister for Health and Children (Deputy Mary Harney): CervicalCheck commenced on 1 September 2008. Under the Programme women aged 25-44 will be screened every 3 years and women aged 45-60 will be screened every 5 years. For the first year CervicalCheck operated on an open access system of screening to ensure that the initial expected interest from women could be effectively accommodated. It was always intended that CervicalCheck would move to population-based organised screening in line with best international practice. Accordingly, on completion of its first year in operation in September 2009, the Programme changed to an organised call, re-call system of invitation. This change will ensure that an effective and efficient population approach to screening that maximises target population coverage is maintained. CervicalCheck has proven very successful during its first year of operation with unprecedented numbers of women attending for screening. CervicalCheck has a national register of women aged 25 to 60. Over each screening round, all eligible women aged 25 to 60 will be invited for screening. The system will ensure that the delivery of population screening is spread evenly over the three to five year screening cycle.

383 Questions— 8 December 2009. Written Answers

[Deputy Mary Harney.]

The criteria for eligibility under the Programme are clearly set out on the CervicalCheck website. Any woman who has not had a smear test in the last three years can fast-track into the Programme simply by registering online, by completing and returning a form by Freepost, or by calling CervicalCheck on Freephone1800 45 45 55 to request an invitation. Currently the average waiting time for such an invitation is three weeks. Certain women are eligible for a free smear test without a CervicalCheck invitation letter. These include women aged over 60 who have never had a smear test and women of any age post colposcopy. CervicalCheck will process a woman’s smear test without a letter of invitation, if it is the opinion of her smeartaker that she is at risk of not responding to a CervicalCheck invitation letter, or unlikely to avail of the fast track opt-in facility that is available to her. Since the introduction of the call-recall system around 30,000 fast-track opt-in letters have been issued in addition to over 95,000 randomly generated invitation letters.

Health Service Regulation. 63. Deputy Joan Burton asked the Minister for Health and Children when private medical facilities will be subject to regulation and inspection by the Health Information and Quality Authority; and if she will make a statement on the matter. [45536/09]

Minister for Health and Children (Deputy Mary Harney): The Commission on Patient Safety and Quality Assurance, which I established as part of the Government’s commitment to ensuring patient safety and quality in our health service, recommended a mandatory licensing system to cover both public and private healthcare providers. The Commission further recommended that the licensing system should be implemented on a phased basis, starting with acute hospitals and other facilities based on analysis of potential risk to patient safety. These recommendations were accepted by Government in January, 2009. In line with the recommendations, my Depart- ment is now developing legislative proposals for a mandatory licensing system to cover both public and private healthcare providers, based on explicit standards to be set by the Health Information and Quality Authority. I intend to bring such proposals to Government next year.

General Medical Services Scheme. 64. Deputy Jan O’Sullivan asked the Minister for Health and Children the discussions she has had and the progress that has been made in reducing the cost of drugs and increasing the use of generic products being prescribed; her plans to introduce reference pricing for prescription drugs; and if she will make a statement on the matter. [45532/09]

Minister for Health and Children (Deputy Mary Harney): My Department and the HSE have implemented a number of reforms to reduce the cost of medicines. Under the terms of the current agreements between the HSE and pharmaceutical manufac- turers which govern the supply terms, conditions and prices of medicines supplied under the GMS and other community drug schemes, price cuts of 35% are applied to all off-patent pro- prietary products for which generic alternatives are available on the Irish market. A report published by the National Centre for Pharmacoeconomics in May 2009 estimated that approximately \250 million will be saved due to off-patent price cuts, up to September 2010, when the agreements come up for renewal. Since September 2006 a larger basket of reference countries has been used for determining the prices of new products accepted for reimbursement under the State drugs schemes. The current agreements also permit price adjustments to reflect price changes in the reference countries.

384 Questions— 8 December 2009. Written Answers

This year I reduced the wholesale mark-up payable on medicines from 17.66% to 10% and reduced the retail mark-up payable under certain schemes from 50% to 20%. Savings from the measures have been estimated at \55 million for 2009 and \133 million on a full year basis. My Department and the HSE support the increased use of generics where this is appropriate. All options for containing pharmaceutical expenditure, including generic substitution by phar- macists, the promotion of more cost-effective prescribing by GPs, and the greater use of quality prescribing indicators are under consideration. It is my intention to introduce a system of reference pricing combined with generic substitution. My Department and the HSE are examining options to progress this initiative, which has the bestΛpotential to promote the usage of cheaper generic or off-patent medicines and provide further savings from reductions in prices.Λ I expect to see significant progress on this next year, including the identification and implementation of legislative and administrative changes needed to give it effect.

Health Insurance. 65. Deputy Fergus O’Dowd asked the Minister for Health and Children her views on whether the introduction of the health insurance levy, the stated object of which was to keep the cost of health insurance down, has not been achieved, instead it has forced an increase in the cost of private health insurance; and if she will make a statement on the matter. [45649/09]

91. Deputy Brian O’Shea asked the Minister for Health and Children her views on the increasing cost of health insurance; the factors contributing to this increase; and if she will make a statement on the matter. [45552/09]

93. Deputy Liz McManus asked the Minister for Health and Children her plans to introduce a comprehensive Health Insurance Bill to replace the temporary legislation which provided for a levy to address the issue of risk equalisation; her plans to provide for a central fund to be used for this purpose and to provide for community rating; and if she will make a statement on the matter. [45551/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 65, 91 and 93 together. The health insurance levy is part of the interim scheme provided for under the Health Insurance (Miscellaneous Provisions) Act 2009. This interim scheme consists of two distinct elements:

(i) age-related tax credit provided at source to private health insurers in respect of persons over the age of 50 who hold private health insurance policies. This aims to secure a health policy objective of achieving inter-generational solidarity in terms of assisting individuals to meet their health insurance costs on the basis of age, and

(ii) a levy charged on private health insurance companies for each insured person in order to fund the age related tax relief so that the scheme remains cost neutral to the Exchequer.

I would like to stress that the levy is placed on private health insurance providers for each insured individual, and not on individuals themselves. It is a matter for the insurers to decide whether or how much of the levy they pass on to their customers. Insurers with a disproportionate share of older people will be net beneficiaries. Insurers with mostly younger customers will also have some older customers and receive tax credits in respect of those customers also.

385 Questions— 8 December 2009. Written Answers

[Deputy Mary Harney.]

This interim scheme will be in place for a three year period commencing on 1 Jan 2009 and, for cashflow reasons, running into 2012. Officials in my Department along with the Health Insurance Authority are now working on a new scheme of risk equalisation to replace the interim scheme. As Minister for Health and Children, I have no role to play in the setting of prices by any of the private health insurance providers. This is a commercial decision for the insurer concerned. Health insurance prices can be affected by a range of economic considerations including the costs of health care services and other costs and may also reflect the age profile of the customers in any insurer’s customer base. The interim scheme is not designed to prohibit price changes, in either direction, and could not be designed to do so. Rather, the scheme’s purpose is to counter commercial incentives for insurers to focus on younger age groups, and to underpin the principle of community rating, so that insured older persons are less likely to face higher increases and/or product segmentation due to their age. The Government’s clear policy objective is that health insurance should remain affordable to a large number of people, particularly to older and sicker people. To this end, community rating must be the cornerstone of the Irish health insurance market. The viability of the system relies on the effective operation of solidarity between different generations through which the young subsidise the healthcare costs of the elderly and are subsidised in their turn by the following generation. Health insurance should not be risk-rated for increasing age, medical status or claims history. Sustaining community rating requires a legally and financially robust system of risk equalisation to ensure cross-subsidisation across the entire market, not just within each company’s cohort of customers or among the holders of each health insurance contract. As I mentioned, work is now underway to replace the temporary levy and tax relief arrangement with such a robust system of risk equalisation.

Departmental Staff. 66. Deputy Willie Penrose asked the Minister for Health and Children her plans to reduce the number of staff in her Department as proposed in the Special Group on Public Service Numbers and Expenditure Programme Report; and if she will make a statement on the matter. [45554/09]

Minister for Health and Children (Deputy Mary Harney): At the end of November 2009, there were 489.28 WTEs employed in my Department. This includes additional staffing (24.17WTE) that transferred into my Department during the year as a result of the transfer of youth affairs responsibilities from the Department of Education and Science, other functions from the Department of Community, Rural and Gaeltacht Affairs and the dissolution of the National Council on Ageing and Older People and the Women’s Health Council under the rationalisation of agencies programme. Even allowing for these increases, the overall number of people employed has fallen by 39.23 WTEs since January 2009. Staffing levels in my Department over the coming years will be decided in consultation with the Department of Finance and taking account of the report of the Special Group on Public Service Numbers and Expenditure Programmes. Account will also be taken of the outcome of the review of my Department under the Organisational Review Programme (ORP), which is being carried out under the aegis of the Department of the Taoiseach. The ORP Report on the review of my Department is expected shortly.

Question No. 67 answered with Question No. 61.

386 Questions— 8 December 2009. Written Answers

Health Service Staff. 68. Deputy Brian O’Shea asked the Minister for Health and Children the way in which the proposed unpaid leave for public servants will operate within the health services; and if she will make a statement on the matter. [45553/09]

88. Deputy Joanna Tuffy asked the Minister for Health and Children if agreement has been reached with health unions on flexibility of working hours within the health services on an extension of the basic working day and on redeployment of staff; and if she will make a statement on the matter. [45547/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 68 and 88 together. Discussions took place recently between officials of my Department and the HSE and unions representing health sector staff as part of the overall discussions with the Public Service Com- mittee of the ICTU on adjustments to the public service pay bill. However, the Government decided on 4 December last that the overall proposals put forward by the Public Service Com- mittee did not provide an acceptable alternative to pay cuts. According, the Government were unable to agree to the terms they had proposed and they are now proceeding to implement their plan to reduce the public service pay and pensions bill by \1.3bn next year compared with 2009.

Question No. 69 answered with Question No. 38.

Vaccination Programme. 70. Deputy Willie Penrose asked the Minister for Health and Children if the full rollout of the H1N1 vaccine will take up to eight months; the length of time the vaccine programme in schools will take; if she is satisfied that all possible measures are being taken to ensure that patients in hospitals do not contract the virus; and if she will make a statement on the matter. [45555/09]

Minister for Health and Children (Deputy Mary Harney): It is envisaged that the H1N1 Pandemic vaccination programme will continue into the first quarter of 2010 at least. The duration of the programme will be determined by the uptake rates within the targeted groups. To date over 1.3 million doses of vaccine have been distributed to general practitioners, Mass Vaccination Clinics and Hospitals. Those initially targeted by the HSE are those aged 6 months to under 65 years with medical conditions that place them at increased risk of developing influenza, healthcare workers, children aged 5 months to 18 years and those aged 65 years and over. The School Vaccination Programme commenced on 30th November 2009 initially targeting larger schools. The School Vaccination Programme will continue into early 2010. The Influenza Like Illness (ILI) rates have continued to fall over recent weeks now standing at 93.6 per 100,000. The numbers of confirmed H1N1 cases who were hospitalised and admitted to ICU are also decreasing. Enhanced surveillance and infection control measures are in place to ensure that patients in hospital do not contract H1N1.

Medical Cards. 71. Deputy Thomas P. Broughan asked the Minister for Health and Children the number of

387 Questions— 8 December 2009. Written Answers

[Deputy Thomas P. Broughan.] persons in receipt of a medical card on 30 November 2009; and if she will make a statement on the matter. [45537/09]

85. Deputy Thomas P. Broughan asked the Minister for Health and Children the number of persons in receipt of a doctor only medical card on 30 November 2009; and if she will make a statement on the matter. [45538/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 71 and 85 together. Details of the number of medical card holders and GP visit card holders are provided to my Department each month by the Health Service Executive (HSE). The most recent figures provided to my Department by the HSE reflect the position as at 1st November 2009. These figures show that there were 1,461,207 medical card holders and 95,905 GP visit card holders on that date. Since the start of 2009, the number of persons with a medical card or GP visit card has increased by 109,087 and 10,359 respectively.

Question No. 72 answered with Question No. 41.

Medical Inquiries. 73. Deputy Róisín Shortall asked the Minister for Health and Children if she has received a list of persons from an organisation (details supplied) who would have the necessary expertise to carry out an investigation into the practice of symphsiotomy; and if she will make a statement on the matter. [45558/09]

Minister for Health and Children (Deputy Mary Harney): The Joint Committee of Health and Children also wrote to my Department recently on behalf of the Survivors of Symphysi- otomy to request a review and I explained to the Committee that the position regarding a review remains unchanged. The Committee has subsequently written to me with the names of four individuals supplied by Survivors of Symphysiotomy’s legal advisors who they believe have the necessary expertise to report on this issue. The Irish Human Rights Commission was requested some time ago by a patient advocacy group to conduct an Inquiry into matters relating to the practice of symphysiotomy in Ireland from the 1950s up to 1983. Having considered the matter in some detail the Commission decided against conducting such an Inquiry under the Human Rights Commission Act, 2000. The Commission recommended that I review a previous decision not to establish an external review of the practice. Significant efforts had been made previously by the Department’s Chief Medical Officer, via the Institute of Obstetricians and Gynaecologists and through international contacts, to source a suitable reviewer. Progress was made in identifying and sourcing a suitable candidate who later became unavailable due to work commitments. However, the Survivors of Symphysiotomy, another patient support group, subsequently expressed reservations over the choice of reviewer. Thereafter it did not prove possible to source an independent expert. My Department remains in correspondence with the Commission in relation to the matter and will give priority consideration to the letter from the Joint Committee in that context.

Hospitals Building Programme. 74. Deputy Joan Burton asked the Minister for Health and Children the proposed collocated hospitals that will go ahead with associated tax breaks; the tax implications for 2010; when

388 Questions— 8 December 2009. Written Answers construction will commence on each of the projects; and if she will make a statement on the matter. [45535/09]

Minister for Health and Children (Deputy Mary Harney): The Renewed Programme for Government re-affirms the Government’s commitment to the current co-location programme. Preferred bidders have been selected for six co-located projects at Beaumont, Cork Univer- sity, Limerick Regional, St. James’s, Sligo and Waterford Regional Hospitals. Project agreements have been signed for the Beaumont, Cork, Limerick and St James’s projects. Planning permission has been granted in respect of the first three projects. A planning application has been made for the St James’s project. Two further projects at Connolly and Tallaght Hospitals are at earlier stages of the procurement process. The HSE has estimated that, from the start of building, the overall construction and commissioning period for the projects will be about 28 to 36 months. The co-location programme is a complex public procurement process. It is a matter for each successful bidder to arrange its finance under the terms of the relevant Project Agreement. It is certainly the case that the funding environment has changed significantly and this has affected both the public and private sectors. The co-location initiative, like other major projects, has to deal with this situation. The HSE is continuing to work with the successful bidders to provide whatever assistance it can to help them advance the projects. The Finance Act 2009 provides that the schemes of capital allowances for private hospitals and certain other health facilities will be terminated on 31 December 2009, subject to transitional arrangements for projects already in development. Where planning permission is required, the qualifying condition for a termination date beyond 31 December 2009 is that a valid application for full planning permission be submitted on or before that date and be acknowledged by the relevant planning authority. In such cases, the termination date in the case of qualifying hospitals is 31 December 2013. Provided that a hospital project conforms to the requirements of these transitional arrangements, and otherwise satisfies the general requirements of the scheme of capital allowances, the tax relief will apply. This includes co-location projects should they wish to arrange their financing on the basis of the capital allowances scheme. The value of the tax relief in each case will depend on the level of qualifying capital expenditure incurred. No tax expenditure has been incurred so far and none will be incurred until construction is completed and services are opened.

Assisted Human Reproduction. 75. Deputy Seán Sherlock asked the Minister for Health and Children her plans to implement the recommendations of the Commission on Assisted Human Reproduction; when she will publish legislation; and if she will make a statement on the matter. [45563/09]

Minister for Health and Children (Deputy Mary Harney): My Department is developing proposals for an appropriate regulatory framework, including legislation, in respect of Assisted Human Reproduction. The work involves, among other things, examining the approaches to regulation in other jurisdictions and considering the ethical and legal issues that arise. It will also take into account any report by the Joint Oireachtas Committee on Health and Children in response to the referral to it in 2005 of the Report of the Commission on Assisted Human Reproduction and the forthcoming judgment of the Supreme Court in the RvR (frozen embryos) case.

389 Questions— 8 December 2009. Written Answers

[Deputy Mary Harney.]

The work that the Department of Health and Children is undertaking is intended to result in policy proposals for a legal framework for this area. This work involves exploring and examining areas such as:

• legal parentage;

• access to treatment services;

• certain practices on gametes and in vitro embryos;

• donations of sperm, ova and embryos;

• arrangements for consent; and

• many other areas that are impacted by this wide and complex area.

The development and use of Assisted Human Reproduction technologies raises legal, social and ethical issues that are complex and profound.

Medical Cards. 76. Deputy Mary Upton asked the Minister for Health and Children if opticians are entitled to charge full medical card holders for carrying out an eye test in respect of a driving licence application; and if she will make a statement on the matter. [45567/09]

Minister for Health and Children (Deputy Mary Harney): The optometric schemes administered by the Health Service Executive operate to fulfil its obligations, under section 67 of the Health Act, 1970, to make ophthalmic treatment and optical appliances available to medical card holders. Under the schemes contracting optometrists have agreed to carry out all tests judged to be necessary to determine the patient’s need for vision care. The eye test for a driving licence does not fall within these parameters.

Nursing Homes Support Scheme. 77. Deputy Michael D. Higgins asked the Minister for Health and Children if legal issues have arisen in relation to the property elements of the fair deal legislation in the context of carrying out assessments for ancillary State support; the way in which families can acquire information regarding such issues; and if she will make a statement on the matter. [45543/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): The Department is not aware of any legal issues having arisen in relation to financial assessments and the land and property elements of the scheme. The Information Booklet on the Nursing Homes Support Scheme, A Fair Deal, clearly sets out how land and property are taken into account during the course of the financial assessment. Additional information is available in the Frequently Asked Questions document which can be found on the Fair Deal page of the Department’s website. In addition, individuals with further queries can contact their local HSE Nursing Homes Support Office, details of which are available in the Information Booklet, or the HSE Infoline on 1850 24 1850. It is also open to people to seek independent legal advice if they so wish.

390 Questions— 8 December 2009. Written Answers

Finally, the Deputy may wish to note that the Department’s website contains a dedicated page on the new scheme (www.dohc.ie/issues/fair—deal/). Information is also available on the HSE’s website at http://www.hse.ie/eng/services/Find—a—Service/Older—People—Services/nhss/nhss.html.

Hospital Services. 78. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the additional resources she will provide in 2010 for Crumlin Children’s Hospital, Dublin; and if she will make a statement on the matter. [45527/09]

84. Deputy Ruairí Quinn asked the Minister for Health and Children the progress made in co-operation between her Department, the Health Service Executive and the board of Our Lady’s Hospital for Sick Children, Crumlin, Dublin, to reduce the waiting time for heart operations at the hospital; when the proposed extra critical care beds will be in place; and if she will make a statement on the matter. [45561/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 78 and 84 together. The HSE have not yet been notified of their budget allocation for 2010. When the Govern- ment has agreed on the budget allocation for the HSE, it will then be a matter for the Health Service Executive to decide the allocations to individual agencies following on from the Government’s budgetary decisions. Until such time as the HSE is notified of its budget, it is not is a position to say what resources will be provided to Our Lady’s Children’s Hospital Crumlin for 2010. Our Lady’s Children’s Hospital Crumlin (OLCHC) is addressing the challenge of delivering a high quality service to its patients, while remaining within budget. The hospital is committed to providing the full level of services that it promised in its 2009 Service Plan. OLCHC is the National Centre for Paediatric Cardiology & Cardio-Thoracic Surgery. The demand for paediatric cardiac surgery has increased due to increased birth rate and the success rates for children who then require further staged surgery. OLCHC is carrying out significantly more cardiac operations than 3 years ago. Clinical need or timing for surgery is determined by evidence based best medical practice and the optimal timing for surgery is decided by the multidisciplinary team at the weekly Joint Cardiac Conference at the hospital. In light of the issues attached to the Cardiac Programme, it has been protected from the theatre closures put in place by the hospital for breakeven purposes. The HSE have worked with the Paediatric Critical Care Network (PCCN) to address the issue of the need for additional paediatric intensive care beds. A new build that will include the replacement of 13 paediatric intensive care beds and an additional 4 beds, providing a total of 17 beds, has been agreed as a new development at Our Lady’s Children’s Hospital Crumlin. A Design Team has been appointed and work is well underway on this development. It is anticipated that the new development will be completed within an eighteen month programme and is therefore scheduled to be opened in 2011. Provision is also being considered for potential future expansion to provide 5 additional ICU beds, subject to approval. If this phase was to be implemented it would then bring the total number of ICU beds at OLCHC to 30. On an interim basis to address the current waiting list for paediatric cardiac patients, the HSE are in discussions with OLCHC and an initiative will commence shortly in relation to this list. It is intended to manage the Cardiology waiting lists in the same way as the waiting lists for patients with scoliosis were managed with OLCHC earlier this year.

391 Questions— 8 December 2009. Written Answers

Health Service Expenditure. 79. Deputy Joe Costello asked the Minister for Health and Children the discussions she has had with the Health Service Executive on protecting frontline services while achieving the cuts in the budget that they are required to make for 2010; if the baseline levels of service and waiting time targets that have been agreed will not be breached; and if she will make a statement on the matter. [45540/09]

Minister for Health and Children (Deputy Mary Harney): The Deputy will be aware that the Government faces serious challenges in respect of public expenditure and has had to take difficult decisions in order to stabilise the public finances. The Government is committed to reducing the general government deficit as part of its strategy for economic recovery which will require a reduction in the level of public spending over the coming years. The HSE’s estimate will be set in this context and the Executive will be required to operate within tight spending parameters, while meeting the objective of maintaining population health and access to services. Following the Budget, the HSE will submit its National Service Plan 2010 for my approval under the Health Act 2004. The Plan will set out the type and volume of services to be provided by the Executive and once approved, will be laid before the Houses of the Oireachtas in line with Section 31(13) of the Act. The HSE will be required to operate within the limits of its Voted allocation in delivering at a minimum, the levels of service which are provided for in the Plan. During 2010, the HSE will provide me with detailed information related to service activity levels by way of monthly Performance Monitoring Reports against the Plan.

Infectious Diseases. 80. Deputy Bernard J. Durkan asked the Minister for Health and Children the progress made to date in her efforts to eliminate hospital based infections such as MRSA and clostridium difficile; and if she will make a statement on the matter. [45569/09]

Minister for Health and Children (Deputy Mary Harney): Health Care Associated Infections (HCAIs) continue to be a challenge for healthcare systems worldwide. Ireland is not unique in this regard and tackling HCAIs here continues to be a priority for the government and for the Health Service Executive (HSE). In March 2007, the HSE launched a National Infection Control Action Plan. An Infection Control Steering Group is responsible for overseeing the implementation of the plan. Over the period of the Plan the HSE aims to reduce HCAIs by 20%, MRSA infection by 30% and antibiotic consumption by 20%. A National Surveillance system was established by the HSE’s Health Protection Surveillance Centre (HPSC) to collect data and provide information to monitor HCAIs in our health system. The number of MRSA bloodstream infections across the public and private hospital sector for the past three years are — 588 cases in 2006, 536 cases in 2007 and 435 cases in 2008. This shows a significant decrease of over 25% between 2006 and 2008. The data is collated on a quarterly basis and for the first six months of 2009 the number of MRSA bloodstream infections was 191, a reduction of over 20% from the first six months of 2008 when cases numbered 241. Up until May 2008, Clostridium difficile was not a notifiable disease and, as a result, it was difficult to quantify the extent of infection in the healthcare system. Since May 2008, all cases are required to be notified to the relevant Department of Public Health. These are reported on a weekly basis and the number of cases reported nationally from May to December 2008 was 1,624 and from January to 14th November was 1,733. These figures which are within the

392 Questions— 8 December 2009. Written Answers range of 40 — 60 cases per week are consistent with the results of the last Prevalence Survey of HCAIs in acute hospitals in Ireland, Northern Ireland, England and Wales for 2006. In order to introduce measures to aid in the reduction of antibiotic prescribing, education campaigns for healthcare staff and the general public around the prudent use of antibiotics commenced last year. The HSE launched a three week awareness campaign in November 2008 to highlight the importance of using antibiotics properly. This coincided with the first European Antibiotic Awareness Day. This year’s Awareness Day on 18th November last built on last year’s successful public education campaign. Data on antibiotic consumption collected by the HPSC shows a welcome decrease in antibiotic consumption in 2008 for the first time since 2000. Earlier this year, new environmental guidelines to inform infection control policy in all new builds and refurbishments were published by the HSE. HIQA, since its establishment in 2007, has also taken significant steps in this area. A core function of the Authority is to set standards on safety and quality of health services and to monitor enforcement of those standards in an open and transparent way. In 2007, HIQA developed National Hygiene Standards and commenced a programme of audit against these Standards. The Authority undertook a comprehensive inspection and review of hygiene in our acute public hospitals in 2007 and again in 2008. This included unannounced visits by inspection teams. The reports, which were published, represent a thorough assessment of how hygiene services are provided and managed in HSE-funded acute care hospitals. HIQA noted that the standard of front-line services which was already very high in 2007 had been maintained in 2008 and that corporate governance was significantly improved. In May 2009, HIQA published its National Standards for the Prevention and Control of Health Care Associated Infections to provide an overall framework for health and social care providers to prevent or minimise the occurrence of HCAIs. These Standards include all key areas of importance in the control of HCAIs namely governance, hygiene, microbiological services, antimicrobial resistance and surveillance systems as well as relevant aspects of the design of facilities. Six months has been allowed for the development by the HSE of a self- assessment tool, gap analysis and implementation plan before HIQA commences its initial review. The HSE has already made significant progress on this work and is in consultation with HIQA on the implementation of the Standards. I am satisfied that significant steps are being taken to reduce the rates of HCAIs generally and to treat them promptly when they occur.

Health Service Staff. 81. Deputy Emmet Stagg asked the Minister for Health and Children if she will implement the recommendations of the report of the Health Service Executive’s Diabetes Expert Advisory Group by providing 20 new podiatrist posts in view of information that 50% of lower limb amputations could be prevented by early intervention; and if she will make a statement on the matter. [45565/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): The Expert Advisory Group established by the Health Service Executive (HSE) on diabetes published its report in 2008. Following publication, the Group actively engaged in assisting and directing the implementation of the report’s recommendations. This has focused on the establishment of an integrated model of care for diabetes patients, on retinopathy and on how podiatry service can be developed to benefit people with diabetes. The HSE is currently developing a programme for diabetes which will establish an integrated diabetic service between community and hospital. Its objective is to improve specific targets to

393 Questions— 8 December 2009. Written Answers

[Deputy Áine Brady.] reduce both acute and chronic complications. It will also include effective foot care to reduce severe infection and amputation in diabetes. The recommendations of the Expert Advisory group will be progressed within the context of the Diabetes programme.

Question No. 82 answered with Question No. 59.

Health Service Regulation. 83. Deputy Seán Sherlock asked the Minister for Health and Children her plans to introduce regulation and licensing for crisis pregnancy agencies; and if she will make a statement on the matter. [45562/09]

Minister for Health and Children (Deputy Mary Harney): I assume that the Deputy’s question is referring to agencies that seek to manipulate women by providing a ‘disingenuous’ crisis pregnancy counselling and/or information service. While there are no plans to consider a regulatory licensing system proposed by the Deputy, the approach adopted by the Crisis Pregnancy Agency on this issue is, among other things, to further raise the public profile of state-funded crisis pregnancy services. In this regard, the Agency is working on a wide range of actions that include:

• A public awareness campaign which I launched in July 2009 entitled “Don’t be manipulated” which highlights the existence of disingenuous agencies and promotes the availability of free, non-judgemental state-funded crisis pregnancy services;

• continuous promotion through the “Positive Options” campaign of the availability of free, non-judgemental and confidential state-funded crisis pregnancy counselling services;

• redevelopment of the “Positive Options” website to highlight the actions of disingenuous agencies and to give guidance on how to deal with same;

• prominent advertising of “Positive Options” and consumer tips in the Golden Pages, including the regional directories, under “Pregnancy Testing and Counselling” and “Fam- ily Planning” sections. The use of a common logo for all state funded counselling services in current editions of the Directories;

• funding of resources which provide clear objective information on the adoption process. The Agency provides information on adoption in manuals used in the training of bona- fide crisis pregnancy counsellors;

• expansion of crisis pregnancy counselling services nationally by over 50% since the Agency was established in 2001;

• guidance for crisis pregnancy counselling services in responding to third party complaints they may receive about “disingenuous” counselling services;

• standardised training and up-skilling for counsellors in state-funded crisis pregnancy counselling services.

Question No. 84 answered with Question No. 78.

Question No. 85 answered with Question No. 71.

394 Questions— 8 December 2009. Written Answers

Nursing Home Charges. 86. Deputy Michael D. Higgins asked the Minister for Health and Children if agreement has been reached with nursing home owners to ensure that they do not pass on the inspection fee to their clients; and if she will make a statement on the matter. [45544/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): I understand the Deputy’s question relates to the fees associated with the system of registering and inspecting nursing homes which commenced on 1 July, 2009. The Health Act, 2007 Act provides for the following fees:

• Applications for registration or renewal of registration under Section 48. This section states that the applicant shall include with the application the prescribed application fee.

• An annual fee payable by the registered provider under Section 99

• A fee for variation or removal of any conditions of the registration under Section 52. A registered provider making an application under this section must include the fee with their application.

The fees therefore are payable by the registered provider, or to be included by the applicant when applying for registration. I would point out that it is a matter for the registered provider to determine the price charged for services. However the Deputy may be aware that article 28 of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009 states that

“(1) The registered provider shall agree a contract with the resident within one month of the admission of that resident to the designated centre.

(2) Such contract shall deal with the care and welfare of the resident in the designated centre and shall include details of the services to be provided for that resident and the fees to be charged.”

Therefore, only those fees, including any agreed increases, set out in the contract should be charged by the registered provider to the resident. The Deputy will be aware that the new Nursing Homes Support Scheme came into operation on the 27th October 2009. Under the scheme, the National Treatment Purchase Fund (NTPF) negotiates prices for long-term residential care with private nursing home owners on behalf of the State. The NTPF has accepted that the fees associated with the registration and inspection of nursing homes could be included as part of the reasonable day to day running costs associated with the provision of long-term residential care services and therefore can factor into these negotiations.

Proposed Legislation. 87. Deputy Eamon Gilmore asked the Minister for Health and Children if legislation has been prepared to allow for the appropriate dissemination of soft information regarding people who may be a threat to children; when it is expected that such legislation will be published; and if she will make a statement on the matter. [45542/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): The Joint Committee on the Constitutional Amendment on Children (JCCAC) submitted an interim report to the Oireachtas on 11 September, 2009 which recommended that the Govern-

395 Questions— 8 December 2009. Written Answers

[Deputy Barry Andrews.] ment establish a statutory scheme for Garda vetting, for the regulation of the collation, exchange and deployment of hard and soft information for the purpose of child protection. This legislation is a priority for the Government. The Office of the Minister for Children and Youth Affairs, in conjunction with the Department of Justice Equality and Law Reform, is currently preparing Draft Heads of a Bill for consideration by the Government. At a cross departmental level, it has been agreed that a single statutory agency should have responsibility for the management of all information, hard and soft, on child abuse in this jurisdiction. The Heads of Bill on Soft Information that will be presented to Government for approval will include a proposal that the Garda Vetting Unit, based in Thurles, will be put on a statutory basis and that this statutory body would have responsibility for the management of all soft and hard information. What is envisaged is an agency led by the Garda with the HSE and any other relevant body working alongside them, similar in structure to the Criminal Assets Bureau (CAB) which has Garda, Revenue Commissioners and Social and Family Affairs co-located together under Garda leadership.

Question No. 88 answered with Question No. 68.

Hospital Services. 89. Deputy Martin Ferris asked the Minister for Health and Children the steps she will take to ensure the maintenance of acute services at Kerry General Hospital, Tralee, County Kerry; and if she will make a statement on the matter. [45531/09]

Minister for Health and Children (Deputy Mary Harney): The Government is committed to ensuring delivery of the best quality health services possible, in an effective and efficient way. Ensuring patient safety is of paramount importance, so that people can have confidence in the services and that the best possible patient outcomes can be achieved. The HSE commissioned Horwath Consulting Ireland, in association with Teamwork Man- agement Services, to carry out a review of acute hospital services in the HSE South, based on the principle of securing sustainable and clinically safe acute hospital services. Professor John Higgins was appointed as Director of Reconfiguration of Acute Services, Cork and Kerry Region, in March 2009. The Teamwork report was launched publicly on 9 June 2009 and a Reconfiguration Forum was established to assist Professor Higgins and the HSE in the reconfiguration process. The Teamwork report proposed a single health care system for Cork and Kerry, with a new regional governance structure for hospitals and community to encompass the relationship between the health care system and the third level educational sector — UCC and Cork and Tralee ITs. A key principle of the report is that, while no hospital in the region will close, all hospitals will fundamentally change the services delivered to their communities and how those services are delivered, as part of the region-wide delivery of health care. Because of the specific demographic and geographic challenges in Kerry, the report recommended that Kerry General Hospital retain current acute services within the regional structure. In addition, the report of the Reconfiguration Subgroup on Emergency Services, published on 18 November, has recommended further development of Kerry General Hospital’s twenty four hour emergency service, within a structured relationship with the regional emergency service network and including major trauma assistance from Cork University Hospital.

396 Questions— 8 December 2009. Written Answers

Professor Higgins and his team will continue to work with clinicians and management to develop a new plan for the delivery of services in Cork and Kerry. It is intended that the plan will be completed by the end of the first quarter of 2010.

Infectious Diseases. 90. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the additional measures she has put in place to address the crisis situation in hospitals in the North East region, and the potential for similar situations in other regions, as a result of the recent outbreak of C Difficile in Our Lady of Lourdes Hospital, Drogheda, County Louth and at Our Lady’s Hospital, Navan, with consequent closure of wards and beds, cancellation of operations, procedures and appointments and a ban on visiting; and if she will make a statement on the matter. [45525/09]

Minister for Health and Children (Deputy Mary Harney): Health Care Associated Infections (HCAIs) continue to be a challenge for healthcare systems worldwide. Ireland is not unique in this regard and tackling HCAIs here, including Clostridium difficile, continues to be a priority for the government and for the HSE. National Guidelines for the Surveillance, Management and Control of C. difficile-associated disease continue to be implemented on an ongoing basis in both Our Lady of Lourdes and Our Lady’s Hospitals so as to minimise the impact of any outbreak of the disease on patients, staff and the general public. Emergency infection control procedures and practices were put in place as soon as the outbreak in Our Lady of Lourdes Hospital was reported on the 28th of October. These included an Outbreak Committee, convened in accordance with the national guidelines; increased restrictions on the use of certain antibiotics, laxatives and other drugs in line with expert advice and three wards in the hospital were identified and used to implement stringent isolation and control measures. The above measures including decontamination of all clinical areas also took place in Our Lady’s Hospital Navan after the announcement of the outbreak there on 13th November. During the peak of the outbreak, certain services at both hospitals were suspended and urgent cases were referred to other hospitals in the region and to the three North Dublin Hospitals. As the epidemiological curve related to the C. Difficile outbreak in both hospitals has tailed off these services have resumed since 2nd of December. However, the following temporary changes remain in place: until the refurbishment of the orthopaedic service at Our Lady of Lourdes Hospital is finalised in mid-late January 2010, hip fracture surgery for the over-65s will be carried out in Our Lady’s Hospital, Navan and no elective orthopaedic work will be carried out in Navan until hip fracture surgery resumes in Our Lady of Lourdes. Additional hygiene protection measures taken during the outbreak at both hospitals remain in force, being cognisant of the H1N1 Influenza (Swine Flu) threat. Members of the public have been asked to only attend the Emergency Department at the Hospitals in the case of a genuine emergency and to contact their GP or out-of-hours services in the first instance. Visit- ing restrictions as per National Hospital Guidelines will remain in place in all hospitals in Louth and Meath in an effort to protect patients and staff and prevent further spread of infection. I am satisfied that the C. difficile outbreak was managed appropriately. The potential for similar situations in other regions cannot be ruled out but I am satisfied that significant steps are being taken to reduce the rate of HCAIs generally and to treat them promptly when they occur.

397 Questions— 8 December 2009. Written Answers

Question No. 91 answered with Question No. 65.

Health Service Reform. 92. Deputy Ciarán Lynch asked the Minister for Health and Children if she has received an interim report from the group she has established on the financing of health services; if reform is envisaged to achieve more cost effective structures in the future and in the context of talks with trade unions; and if she will make a statement on the matter. [45545/09]

Minister for Health and Children (Deputy Mary Harney): I assume the Deputy is referring to the Expert Group on Resource Allocation and Financing in the Health Sector which I established in April this year under the chairmanship of Professor Frances Ruane, Director, ESRI. This Expert Group has been asked to examine how the existing system of resource allocation within the Irish public health service can be improved to support better the aims of the health reform programme. I have asked this Group to recommend the best ways to achieve this within the level of resources available to health and, in the light of its work, to take a view on the most appropriate financing mechanism for the Irish health service. The Group has been asked to report to me and the Minister for Finance by April 2010 and has not been asked to make an interim report. As part of its current deliberations the Expert Group sought submissions from the public and relevant interested groups/parties on the issues within its remit. Submissions from health sector unions were amongst the sixty one submissions received by the Group. I would expect the Group to take account of all aspects of the health reform programme including the type of changes in service delivery which informed the discussions last week with health service trade unions.

Question No. 93 answered with Question No. 65.

Youth Services. 94. Deputy David Stanton asked the Minister for Health and Children her policy in relation to the development of youth services; the section of the Youth Work Act 2001 and the national youth work development plan which have been implemented to date in 2009; and if she will make a statement on the matter. [45571/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): Responsibility for Youth Affairs transferred from the Department of Education and Science to the Office of Minister for Children and Youth Affairs with effect from 1 January 2009. The integration of Youth Affairs Unit into my Office is providing continuity of service and operational experience as well as opening up greater opportunities for a more integrated, cohesive and effective approach to addressing the needs of children and young people. This integration has given my Office the opportunity to take a more comprehensive strategic view of the full breadth of work with young people in Ireland. A review of the constituent units of my Office that will inform the development of strategic and coordinated polices for youth related services has commenced. With regard to the Youth Work Act, 2001, Section 1 provides for sections of the Act to be commenced at different stages. Sections 2-7, 17 and 18 have been commenced to date. The National Youth Work Advisory Committee has been reviewing the implementation of the Act. I will consider the Committee’s recommendations in the context of the role of my Office, its policies and strategies, while having due regard to developments to date.

398 Questions— 8 December 2009. Written Answers

Work has also continued in 2009 in supporting the recommendations of the National Youth Work Development Plan including the areas of child protection, ongoing financial support for local youth clubs and groups, support for the North/South Education and Training Standards Committee for youth work and the finalisation of a Quality Standards Framework for the youth work sector.

Capital Projects. 95. Deputy Eamon Gilmore asked the Minister for Health and Children the new starts expected in the Capital Programme for her Department for 2010; and if she will make a statement on the matter. [45541/09]

Minister for Health and Children (Deputy Mary Harney): It is not envisaged at this point that there will be new capital projects undertaken directly by my Department in 2010. In relation to the Health Service Executive, the capital infrastructure projects to be progressed in 2010 from within the overall capital funding envelope are currently being prioritised by the HSE, taking account of the NDP targets for division of capital investment between the Acute and Primary, Community & Continuing Care Programmes. When completed, the HSE Capital Plan will be submitted for my approval with the agreement of the Minister for Finance. Details on the projects being progressed, including new starts from 2010, will be available when the plan is approved. A number of capital project proposals for agencies under the aegis of my Department are currently under consideration. Details will be available when approvals are in place. The capital allocation within the Office of the Minister for Children and Youth Affairs will continue to support its ongoing programme of capital investment in the area of child care and young people’s facilities and services.

Medical Cards. 96. Deputy Mary Upton asked the Minister for Health and Children if general practitioners are allowed to charge for administering a blood test to patients with a full medical card; the circumstances in which a GP will charge for a service to a medical card holder; and if she will make a statement on the matter. [45566/09]

Minister for Health and Children (Deputy Mary Harney): Under the General Medical Services (GMS) contract, either capitation or fee-per-item, the general practitioner (GP) undertakes to provide all proper and necessary treatment of a kind generally undertaken by a GP to these patients. Accordingly, under these contracts a GP should not demand or accept any payment or consideration for services provided by him/her, including blood tests, where they are indicated as part of a recognised treatment of an ongoing medical condition of a patient. I am aware that some GPs charge for the transport of patients’ blood samples to the hospital as this is not covered under the GMS Scheme. However, the option of attending the public hospital directly for phlebotomy services is always available to GMS clients. If the HSE is made aware of specific cases where GMS patients are being inappropriately charged by GP contractors, it will arrange to have such cases investigated as appropriate.

Question No. 97 answered with Question No. 41.

399 Questions— 8 December 2009. Written Answers

Health Service Staff. 98. Deputy Ciarán Lynch asked the Minister for Health and Children if she expects targets for increased numbers of social workers to be reached in 2009; and if she will make a statement on the matter. [45546/09]

Minister for Health and Children (Deputy Mary Harney): The Implementation Plan for the recommendations of the Report of the Commission to Inquire into Child Abuse was accepted by Government and published in July 2009. One of the key recommendations of the Implemen- tation Plan is that an additional 270 additional social workers be recruited by the HSE between 2009 and 2011. As part of the overall approved employment control ceiling for 2009, my Department has provided written confirmation to the HSE that the general moratorium on recruitment, promotion and the payment of acting up allowances does not apply to specific designated grades, including social worker grades. This moratorium exemption provides for vacancies in existing posts in these grades to continue to be filled. New social workers posts may also be created, up to a specified limit of 270, provided that the HSE is satisfied in each case that there is no scope to redeploy an equivalent post from the hospital sector to the primary and community care sector. This moratorium exemption provides for an increase in the number of such posts, in line with Government policy, in order to meet the requirements of integrated care delivery and primary care needs particularly in respect of children at risk, the elderly and those with disabilities. A further key action of the Plan which is currently being implemented is the conversion of temporary social work posts to a permanent basis to address issues of continuity of care and staff retention within the child welfare and protection services. The need to recruit further additional social workers beyond this cohort will be considered in the light of progress made in delivering necessary reforms in the child welfare and protection service.

Hospital Services. 99. Deputy Arthur Morgan asked the Minister for Health and Children if she will intervene to prevent the removal of acute services from the Louth County Hospital in Dundalk; and if she will make a statement on the matter. [45529/09]

Minister for Health and Children (Deputy Mary Harney): The Transformation Programme for the North East region has been informed by the 2006 Teamwork Report to the Health Service Executive (HSE) which demonstrated that the service configuration in the region was unsustainable. A series of focused and necessary service changes are being implemented across the region. This Programme is about the reshaping and integration of community and hospital services so individual members of the public will have access to better quality safe services, which they can have confidence in. The majority of that care can and should be provided locally including in the community or at home wherever practical. A series of focused service changes are planned for the region. The Transformation Prog- ramme is reconfiguring services by moving acute and complex care from 5 hospital sites (Cavan, Monaghan, Drogheda, Dundalk and Navan) to 2 (Cavan for Cavan/Monaghan and Drogheda for Drogheda/Dundalk/Navan) and to ensure that services in the region are organised to optim- ise patient safety. Acute medical care transferred from Monaghan General Hospital to Cavan General Hospital on the 22nd July 2009 and the immediate focus of the Transformation Prog- ramme is now on the Louth Meath services.

400 Questions— 8 December 2009. Written Answers

The HSE has always given a clear commitment that as health services in the region are developed, existing services will remain in place until they are replaced with higher quality, safer or more appropriate services and this remains the case. The service improvements, which will take place in the coming months include:

• A new Emergency Department (ED) at Our Lady of Lourdes Hospital

• A Medical Assessment Unit (MAU) at Our Lady of Lourdes Hospital

• An enhanced ambulance service

A proposed date for the transfer of acute medical care from the Louth County Hospital has not yet been determined and will be subject to a number of services being in place, but will occur on a phased basis. Finally, I must emphasise that the changes proposed by the HSE are fully supported by me for reasons of patient safety. The HSE will work with all stakeholders to bring about the improvements in a carefully planned way that puts patients first. In that regard I met with Louth Hospital — Save Our Hospital Services Committee, with the HSE and emphasised these objectives. I understand the Clinical Directors and Senior management from HSE concerned will shortly meet with the forum set up by the Save Our Hospital Services Committee to reassure all concerned of the significant advantages that will accrue from this process and the care that is being taken in its implementation.

Health Service Staff. 100. Deputy Kathleen Lynch asked the Minister for Health and Children the procedure in place to address the return to Canada of a person (details supplied) to maintain and develop the National Cancer Strategy; and if she will make a statement on the matter. [45549/09]

Minister for Health and Children (Deputy Mary Harney): The current postholder was seconded to the HSE for a period of two years, which period expired in November 2009. He has agreed to remain in position for a number of months to facilitate the recruitment of a permanent replacement. Recruitment for the post in question is a matter for the HSE, and I understand that the process is underway and that the post will be advertised in the coming weeks.

Primary Care Services. 101. Deputy Ruairí Quinn asked the Minister for Health and Children the number of primary care teams in place; the number of teams operating from a single premise; and if she will make a statement on the matter. [45560/09]

Minister for Health and Children (Deputy Mary Harney): As the Deputy’s question relates to a service matter it has been referred to the Health Service Executive for direct reply.

Employment Statistics. 102. Deputy Richard Bruton asked the Taoiseach the details for the latest quarter of 2009 and the first quarter of 2007 of the persons, distinguishing male and female, aged 15 to 24 years, 25 to 29 years and 20 to 64 years, showing the number in work, in the labour force and unemployed; and the unemployment rate in each respective category; and if he will make a statement on the matter. [45293/09]

401 Questions— 8 December 2009. Written Answers

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The Quarterly National Household Survey (QNHS) is the official source of estimates for the information requested. The data requested by the Deputy are presented in the table below in respect of the first quarter of 2007 and the second quarter of 2009 which is the latest quarter available.

Quarterly National Household Survey, Quarter 1 2007

Age group Number in Number in Unemployed Participation Unemployment Employment Labour Force Rate Rate

’000 ’000 ’000 % %

Male 15-24 years 169.5 186.9 17.4 58.3 9.3 25-29 years 176.0 186.8 10.9 92.2 5.8 20-64 years 1,125.8 1,179.8 54.1 86.9 4.6

Female 15-24 years 144.5 154.9 10.5 49.4 6.8 25-29 years 154.7 162.0 7.2 81.7 4.5 20-64 years 851.2 884.6 33.5 66.5 3.8

Total 15-24 years 313.9 341.8 27.9 53.9 8.2 25-29 years 330.7 348.8 18.1 87.0 5.2 20-64 years 1,976.9 2,064.5 87.6 76.8 4.2

Quarterly National Household Survey, Quarter 2 2009

Age group Number in Number in Unemployed Participation Unemployment Employment Labour Force Rate Rate

’000 ’000 ’000 % %

Male 15-24 years 99.0 146.5 47.5 50.5 32.4 25-29 years 146.5 184.5 38.0 90.2 20.6 20-64 years 999.3 1,172.7 173.5 85.4 14.8

Female 15-24 years 112.9 139.5 26.6 47.5 19.1 25-29 years 153.2 167.5 14.3 80.2 8.5 20-64 years 855.6 923.8 68.2 67.1 7.4

Total 15-24 years 211.9 286.0 74.1 49.0 25.9 25-29 years 299.7 352.1 52.3 85.1 14.9 20-64 years 1,854.9 2,096.6 241.7 76.2 11.5

103. Deputy George Lee asked the Taoiseach if he will provide the most recently available data on the number of people in the labour force broken down by county; the number of persons aged under 25 years in the labour force broken down by gender in each county; and if he will make a statement on the matter. [45294/09] 402 Questions— 8 December 2009. Written Answers

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The Census of Population 2006 provides the most recent available data on the number of people in the labour force broken down by county and the number of persons aged under 25 years in the labour force broken down by gender in each county. This information is contained in Table 1 below. The Quarterly National Household Survey (QNHS) is the official source of regular labour force estimates. It provides estimates at State and regional levels but does not provide data for counties or smaller areas. The requested data at NUTS 3 regional level from QNHS, Quarter 2 2009 are presented in Table 2.

Table 1: Persons in the labour force by age group, gender and County, Census 2006

County Total population Under 25 years in labour force in labour force Males Females Total

Carlow 24,337 2,231 1,586 3,817 Dublin of which 629,001 48,859 44,398 93,257 Dublin City 274,310 22,893 21,616 44,509 Dún Laoghaire-Rathdown 92,836 5,157 4,876 10,033 Fingal 130,816 9,426 8,362 17,788 South Dublin 131,039 11,383 9,544 20,927 Kildare 97,719 7,632 6,152 13,784 Kilkenny 43,042 3,284 2,281 5,565 Laoighis 32,643 2,747 2,074 4,821 Longford 16,400 1,348 981 2,329 Louth 54,140 4,450 3,508 7,958 Meath 83,920 6,302 4,862 11,164 Offaly 34,134 3,003 2,204 5,207 Westmeath 38,649 3,174 2,387 5,561 Wexford 61,782 5,282 3,721 9,003 Wicklow 62,369 4,550 3,527 8,077 Clare 54,775 3,899 2,792 6,691 Cork of which 232,873 17,393 13,904 31,297 Cork City 55,296 5,280 4,847 10,127 Cork County 177,577 12,113 9,057 21,170 Kerry 66,576 4,812 3,508 8,320 Limerick of which 88,566 7,545 5,847 13,392 Limerick City 24,482 2,475 2,163 4,638 Limerick County 64,084 5,070 3,684 8,754 North Tipperary 31,733 2,519 1,663 4,182 South Tipperary 39,174 3,343 2,291 5,634 Waterford of which 51,424 4,032 2,994 7,026 Waterford City 22,176 2,016 1,623 3,639 Waterford County 29,248 2,016 1,371 3,387 Galway of which 114,403 9,132 7,040 16,172 Galway City 37,883 3,626 3,498 7,124 Galway County 76,520 5,506 3,542 9,048 Leitrim 13,781 1,055 647 1,702 Mayo 57,517 4,344 2,904 7,248 Roscommon 27,556 2,009 1,284 3,293 Sligo 29,545 2,165 1,592 3,757

403 Questions— 8 December 2009. Written Answers

[Deputy Pat Carey.] County Total population Under 25 years in labour force in labour force Males Females Total

Cavan 30,840 2,647 1,706 4,353 Donegal 65,092 5,729 3,917 9,646 Monaghan 27,507 2,442 1,522 3,964

State 2,109,498 165,928 131,292 297,220

Table 2: Persons in the labour force by gender, Q2 2009

In Labour Force ’000

Q2 2009 Male Female Total

Border 128.8 95.7 224.6 Midland 74.4 52.6 127.0 West 125.2 97.3 222.5 Dublin 341.5 284.8 626.3 Mid-East 151.8 112.9 264.7 Mid-West 102.7 77.5 180.2 South-East 136.3 102.3 238.6 South-West 178.0 141.1 319.1

State 1,238.9 964.2 2,203.1

Table 3: Persons aged 15-24 in the labour force by gender, Q2 2009

Q2 2009 In Labour Force ’000 Aged 15-24 Male Female Total

Border 16.9 13.2 30.1 Midland 9.2 7.8 17.0 West 14.6 15.5 30.1 Dublin 39.4 41.8 81.2 Mid-East 15.7 14.9 30.5 Mid-West 12.5 10.9 23.3 South-East 18.2 16.1 34.3 South-West 20.0 19.4 39.4

State 146.5 139.5 286.0 Data may be subject to future revision. Data may be subject to sampling or other survey errors, which are greater in respect of smaller values or estimates of change. Reference period Q1=Jan-Mar, Q2=Apr-Jun, Q3=Jul–Sep, Q4=Oct-Dec. Source: Quarterly National Household Survey, Central Statistics Office.

Population Statistics. 104. Deputy George Lee asked the Taoiseach the population of the portion of Dublin that is south of the River Liffey and the portion of Dublin that is north of the River Liffey; and if he will make a statement on the matter. [45295/09] 404 Questions— 8 December 2009. Written Answers

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The Census of Population 2006 shows the population for Dublin as 1,187,176 on Census Night. The following table shows the breakdown for the population in North Dublin as 534,521 and South Dublin as 652,655.

Population of Dublin on Census Night 2006

Population

Dublin North and South 1,187,176

Dublin City North 294,529 Fingal 239,992

Total North Dublin 534,521

Dublin City South 211,682 Dún Laoghaire-Rathdown 194,038 Dublin South 246,935

Total South Dublin 652,655

Departmental Staff. 105. Deputy Eamon Gilmore asked the Taoiseach the number of staff who received financial assistance to pursue courses in further or higher education in each of the past five years; the number of such staff who were subsequently re-assigned to duties appropriate to their new qualifications. [45329/09]

The Taoiseach: Since 2004 the following numbers of staff received financial assistance for further or higher education under the Refund of Fees Scheme (as set out under the Department of Finance’s Circular 23/07 (Post Entry Education — Refund of Fees, Study Leave and Examin- ation Leave):

Year Number

2004-2005 20 staff 2005-2006 34 staff 2006-2007 25 staff 2007-2008 20 staff 2008-2009 21 staff

In some cases the courses taken were immediately relevant to the area in which staff were working at the time — e.g. courses in Finance, Accounting, Policy Studies, Personnel Practice, HR Management. The rest of the courses dealt with subjects relevant to a wide variety of roles in the civil service and to officers’ personal development — e.g. Public Management, Law, Innovation Management, Governance, Business Studies, Social Science, Economics. When staff re-assignments are made in my Department a number of factors are taken into account, including previous experience and skills and an assessment of suitability for particular jobs. Qualifications, regardless of whether they were obtained through the Refund of Fees Scheme, before employment in my Department commenced or otherwise, are also considered when assignments are made. In addition, regard is had to staff preferences and the need to 405 Questions— 8 December 2009. Written Answers

[The Taoiseach.] develop staff while at the same time building up for the future the core competencies and skill set base for the Department as a whole.

Code of Practice. 106. Deputy Eamon Gilmore asked the Taoiseach the State agencies under the aegis of his Department to which the new Code of Practice for the Governance of State bodies applies; and if he will make a statement on the matter. [45339/09]

107. Deputy Eamon Gilmore asked the Taoiseach if the boards of State agencies under the aegis of his Department which are required to implement the new Code of Practice for the Governance of State bodies that have formally adapted the code at a board meeting; if they have undertaken training to ensure proper implementation of the code; the monitoring procedures they have put in place to ensure proper compliance with the code; and if he will make a statement on the matter. [45340/09]

The Taoiseach: I propose to take Questions Nos. 106 and 107 together. The National Economic and Social Development Office (NESDO) is the only Body under my Department to which the Code of Practice for the Governance of State bodies applies. The NESDO is currently reviewing and updating its Policy and Procedures Guidelines, which contain, inter alia, the detailed governance instructions and guidelines for the office, in the light of both the Code of Practice for the Governance of State Bodies and other legislative requirements that have been adopted since the document was last reviewed. The revised document will include all monitoring arrangements required to ensure that the code is properly implemented by the NESDO. It is planned that the revised document will be submitted to the NESDO Board for formal adoption within the next few weeks.

Regulatory Forum. 108. Deputy Eamon Gilmore asked the Taoiseach if the date for the 2010 Annual Regulatory Forum, which is one of the commitments arising from the Government Statement on Economic Regulation, has been set; the persons who will be invited to the forum; the agenda and objectives of the forum; and if he will make a statement on the matter. [45341/09]

The Taoiseach: The recently published Government Statement on Economic Regulation indicates that the Annual Regulatory Forum will meet in the first quarter of each year commencing in 2010. The first meeting of the Forum is expected to take place in the week beginning 1 March. The Forum will involve meetings between the Taoiseach, Tánaiste, the Ministers for Enterprise, Trade and Employment, Finance, Communications, Energy and Natural Resources and Transport and key regulators whose work is central to Irish economic performance and such other regulators as deemed appropriate from time to time. It will offer an opportunity to communicate evolving Government priorities relating to the economy, competitiveness and competition issues in an integrated way across sectors. An agenda for the first meeting of the Forum has yet to be finalised but is expected to reflect these key priorities and major developments and trends in the regulated sectors at EU and domestic level, as well as offering an opportunity to assess progress made on the full range of actions set out in the Government Statement. Attendance at the meeting will be determined on the basis of a finalised agenda but will include the economic regulators reporting to the Ministers mentioned above and senior officials from their respective Departments.

406 Questions— 8 December 2009. Written Answers

Proposed Legislation. 109. Deputy Eamon Gilmore asked the Tánaiste and Minister for Enterprise, Trade and Employment her plans to introduce legislation to prevent employers in the public and private sectors from retaliating against employees who in the public interest disclose misconduct as per commitment in the revised programme for Government; and if she will make a statement on the matter. [45338/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): Since March 2006, Government policy has been to address the issues of whistle- blower protection legislation on a sectoral basis, rather than adopt a “one size fits all” approach. Ministers in the course of preparation of Bills are required to include whistleblowing provisions, as appropriate, having regard to the nature, purpose and scope of the proposed legislation in question. In recent years the Oireachtas has endorsed this approach by including whistleblowing provisions when passing a range of diverse legislation including the following: The Safety, Health and Welfare at Work Act 2005; The Garda Síochána Act 2005; The Employment Permits Act 2006; The Health Act 2007; The Communications Regulation (Amendment) Act 2007; The Consumer Protection Act 2007; The Chemicals Act 2008; The Charities Act 2009. Whistleblow- ing provisions have also been included in recently published Bills including: The Employment Law Compliance Bill 2008; The Prevention of Corruption (Amendment) Bill 2008; The Labour Services (Amendment) Bill 2009; The Employment Agency Regulation Bill 2009; The Property Services (Regulation) Bill 2009. The Government remains of the view that this sectoral response to afford protection to employees through the inclusion of appropriate whistleblowing provisions is the appropriate policy.

Departmental Staff. 110. Deputy Eamon Gilmore asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of staff who received financial assistance to pursue courses in further or higher education in each of the past five years; the number of such staff who were subsequently re-assigned to duties appropriate to their new qualifications. [45322/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): A total of 167 payments were made to 116 staff in the years in question, in connection with their successful participation, in their own time, in approved courses of further education.. Details of the number of payments in each of the relevant years is shown in the table below. For approved courses of more than one years duration, staff may claim a refund (of fees paid) for each successfully completed year.

Year No. of Staff

2005 35 2006 34 2007 31 2008 31 2009 to date 36

My Department provides financial assistance to staff pursuing such courses in accordance with the terms of Department of Finance Circular 23/07. Consequently, applications for financial 407 Questions— 8 December 2009. Written Answers

[Deputy Mary Coughlan.] assistance to pursue further or higher education are only accepted in respect of courses deemed by the Head of the Department/Office to be relevant to the Civil Service employment of the officer(s) concerned. Financial assistance is only granted where the discipline being pursued is relevant to the business needs of the Department. In most cases, staff who receive financial assistance to pursue such a course of studies are already working in an area for which the particular qualification is appropriate. Otherwise, where possible, they are subsequently assigned to an appropriate area.

Local Employment Service. 111. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the process used to evaluate the Local Employment Services; the details of these eval- uations; and if she will make a statement on the matter. [45344/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): FÁS contracts with Partnership Companies (and one non Partnership organisation) for the delivery of the Local Employment Service (LES). The LES currently operates through a network of offices and outreach clinic locations in 24 designated disadvantaged areas (23 Partner- ship areas and Kildare County). The services provided are delivered under contract and the evaluation process is based on the targets set out in the contract, in conjunction with the financial and operational procedures that underpin the delivery and administration of the service. Within the contract each of the client groups have a specific target in relation to placement into employment and progression into training. The following are the agreed outcomes against which the LESN are measured:

Placement • Into employment

• Into Self Employment

Progression • On to a FÁS Employment Programme

• On to a FÁS Training Programme

• On to a Non FÁS Education/Training Programme

• On to a (long term) Education programme

FÁS has provided the LESN with a Client Services System (CSS) which allows for the recording of client interactions and outcomes. These interactions are reviewed at regular meetings between FÁS regional management and the LES within their particular region. In addition, outcomes are formally reported to FÁS for consideration on a bi-monthly basis. As at 4th December 2009 activity for the year to date can be summarised as follows:

• A total of 28,079 new clients registered for services with the LESN.

• 2,905 clients have been placed into employment/self employment.

• 8,533 clients have progressed into training, education etc (as detailed above)

• The total number of clients on Active Caseload with the LESN is 25,781.

408 Questions— 8 December 2009. Written Answers

Please note: Active Caseload refers to those clients who are actively working with a Mediator who is supporting them in the process of moving back into the open labour market.

Employment Support Services. 112. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the details of the jobs club scheme; and if she will make a statement on the matter. [45345/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): FÁS Job Clubs were introduced in 1999 to assist people who were actively seeking employment by providing support for the job search process and an environment in which it could be carried out. Independent Sponsor Groups are contracted by FÁS on a year to year basis to run the programme. Job Clubs are seen as an important resource and intervention for those who have recently completed training programmes or have recently become unemployed. They provide both a formal and structured input as well as a drop-in resource facility. They also help the individual in overcoming the personal effects of unemployment by providing a mutual support forum from people in a similar situation. 56 Job Clubs nationwide provided formal programmes to the following numbers of clients for the past three years:

Year Number

2006 6,417 2007 7,100 2008 8,814

I understand that the number of drop-ins would be approximately double these figures.

Departmental Agencies. 113. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the details of the FÁS budget for 1997, 2008, 2009 and 2010; and if she will make a statement on the matter. [45349/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The FÁS budget for the years 1997, 2008 and 2009 is set out in the table below. The allocation from this Department for 2010 will be published in the book of estimates following this week’s Budget.

FÁS Annual Budgets: 1997, 2008 & 2009

Year Annual Budget Non-Capital Capital Additions

\millions \millions 2009 1,070.696 10.000 2008 1,061.500 25.107 1997 600.777 3.516 Sources 1. Annual Budget Non-Capital figures per FÁS Board reports. 2. Capital additions per published FÁS Annual Reports. 3. All figures in \ Euro.

409 Questions— 8 December 2009. Written Answers

Human Rights Issues. 114. Deputy Ruairí Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment if her Department is involved in representing Ireland in the European Union’s negotiations to sign a free trade agreement with Colombia; if she will instruct her officials to support the suspension of these negotiations in view of the high levels of human rights abuses in Colombia, specifically the unprecedented level of assassinations of trade unionists in that country; and if she will make a statement on the matter. [45355/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Ireland attaches importance to the work of trade unionists in Colombia, and condemns all acts or threats of violence against trade union organisations and individuals there. Accordingly, Ireland regularly takes the opportunity to raise issues relating to human rights in Colombia, both bilaterally and in international bodies. In fact as recently as Friday 4th December my Department raised the issue with the Commission at the Trade Policy Meeting. Negotiations for a free trade agreement are pursued in the context of an overall Association Agreement, which will govern all aspects of relations, including political dialogue and cooperation as well as trade, between the EU and Colombia. This Agreement is part of an EU strategy to support the Colombian Government as it tries to combat significant terrorist activity and to influence it in a manner that also results in greater respect for human rights. Ireland supports that strategy. As the EU is a single customs union with a single trade policy, it is the European Commission that negotiates for all Member States in talks for trade agreements.

Enterprise Support Services. 115. Deputy Michael Ring asked the Tánaiste and Minister for Enterprise, Trade and Employment the help that is available from her Department for a person planning to start their own business. [45372/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): My Department does not provide direct funding or grants to businesses but provides funding to a number of State Agencies, including the County and City Enterprise Boards, Enterprise Ireland and FÁS, through whom assistance is delivered directly to businesses. The remit of the 35 County and City Enterprise Boards (CEBs) is to provide support for small businesses with 10 employees or fewer (micro-enterprises) in the start-up and extension phases, to promote and develop indigenous micro-enterprise potential and to stimulate economic activity and entrepreneurship at local level. Subject to certain eligibility criteria new and developing enterprises may qualify for financial support from the CEBs. In addition, the CEBs deliver a range of non-financial supports to improve management capability development within micro-enterprises designed to help new and existing enterprises to operate effectively and efficiently so as to last and grow. Priority is given to projects in the manufacturing and internationally traded services sectors. It is considered inappropriate to support other areas such as retail enterprises, personal services (e.g. hairdressers, gardeners, etc), professional services (accountants, solicitors, etc), construction, as it is considered that these enterprises generally give rise to unacceptable deadweight (where projects would have proceeded anyway) and/or displacement (where the projects simply dis- place business from other players in the market) concerns.

410 Questions— 8 December 2009. Written Answers

In order to more fully explore the range of options that may be available to them the company are advised to contact their local CEB to discuss their business needs with the relevant staff of the Board. Contact details for individual CEBs can be found by accessing the following website: www.enterpriseboards.ie.

Job Creation. 116. Deputy Mary Alexandra White asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on creating a jobs taskforces in all areas of high unemployment; and if she will make a statement on the matter. [45435/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): In the past, Task Forces have been used as part of the response to a sudden loss of large numbers of industrial jobs, often in one major employer. They are rarely used nowadays. In this regard the Mid-West task Force is an exception which was set up to respond to a situation where in addition to a large number of job losses at Dell in Limerick there were also very significant difficulties for a large number of sub-suppliers in the region, which incorporates several local authority areas. In recent years, other structures are increasingly used as an alternative to Task Forces. This typically involves the County Development Board as a co-ordinating mechanism and includes representation from State agencies such as IDA, Enterprise Ireland, FÁS and the County Enterprise Boards, as well as any relevant Local Authority. Stakeholders at local level are also involved in this process. Such structures are now available in all regions on a permanent basis and are usually considered to be in a position to address issues at least as effectively as a temporary Task Force.

FÁS Training Programmes. 117. Deputy Fergus O’Dowd asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of FÁS course providers or subcontracted FÁS course providers in which evidence has been found that the exam results supplied to FÁS have been manipulated by such providers; and if she will make a statement on the matter. [45520/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The information in question is currently being collated. I will contact the Deputy as soon as it is completed.

Community Employment Schemes. 118. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the community employment schemes that were available in 2008; the duration of each of these schemes; the number of persons that participated in each scheme in 2008; and if she will make a statement on the matter. [45709/09]

119. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the community employment schemes that were available in 2007; the duration of each of these schemes; the number of persons that participated in each scheme in 2007; and if she will make a statement on the matter. [45710/09]

120. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the community employment schemes that were available in 2006; the duration of each of

411 Questions— 8 December 2009. Written Answers

[Deputy George Lee.] these schemes; the number of persons that participated in each scheme in 2006; and if she will make a statement on the matter. [45711/09]

121. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the community employment schemes that were available in 2005; the duration of each of these schemes; the number of persons that participated in each scheme in 2005; and if she will make a statement on the matter. [45712/09]

122. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the community employment schemes that were available in 2004; the duration of each of these schemes; the number of persons that participated in each scheme in 2004; and if she will make a statement on the matter. [45713/09]

123. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the community employment schemes that were available in 2003; the duration of each of these schemes; the number of persons that participated in each scheme in 2003; and if she will make a statement on the matter. [45714/09]

124. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the community employment schemes that were available in 2002; the duration of each of these schemes; the number of persons that participated in each scheme in 2002; and if she will make a statement on the matter. [45715/09]

125. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the community employment schemes that were available in 2001; the duration of each of these schemes; the number of persons that participated in each scheme in 2001; and if she will make a statement on the matter. [45716/09]

126. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the community employment schemes that were available in 2000; the duration of each of these schemes; the number of persons that participated in each scheme in 2000; and if she will make a statement on the matter. [45717/09]

127. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the community employment schemes that were available in 1999; the duration of each of these schemes; the number of persons that participated in each scheme in 1999; and if she will make a statement on the matter. [45718/09]

128. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the community employment schemes that were available in 1998; the duration of each of these schemes; the number of persons that participated in each scheme in 1998; and if she will make a statement on the matter. [45719/09]

129. Deputy George Lee asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the community employment schemes that were available in 1997; the duration of each of these schemes; the number of persons that participated in each scheme in 1997; and if she will make a statement on the matter. [45720/09]

412 Questions— 8 December 2009. Written Answers

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I propose to take Questions Nos. 118 to 129, inclusive, together. The detailed information requested by the Deputy will take some time to collate and will be provided at a later date.

Job Initiative. 130. Deputy Joanna Tuffy asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of persons with disabilities who have been employed through the FÁS job initiative scheme in each of the past five years; the cost of running this scheme in each of the past five years; the cost of running this scheme in each of the past five years; and if she will make a statement on the matter. [45733/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The Job Initiative (JI) is a programme providing full-time employment for people who, at the time of application, were 35 years of age or over, unemployed for 5 years or more and in receipt of Unemployment Benefit, Unemployment Assistance or One Parent Family Payment over that period. Following changes introduced Job Initiative by the Minister for Enterprise, Trade and Employment, in November 2004, there is currently no recruitment onto the programme since that date, while existing participants have their annual contracts renewed until retirement age. Analysis of the participants on JI for the last five years who were previously in receipt of a disability-linked Social Welfare payment (including current year to date figures) are set out below. The annual programme costs have also been included in the table:

Period Participants (Disability Annual Programme Costs (All participants) only)

Year end 2005 13 37.549 Year end 2006 13 37.940 Year end 2007 13 40.065 Year end 2008 13 37.734* November 2009 11 39.000** *Per Draft Annual Accounts. **Budget 2009.

In addition all FÁS services are open to people with disabilities. FÁS provides vocational training for the unemployed and new entrants to the labour market through specific skills training and traineeships. FÁS also provides training for those in employment through appren- ticeships and in-company training. People with disabilities may be supported while in employment by FÁS through the following programmes:

• The Wage Subsidy Scheme, which was launched in September 2005, provides financial incentives to employers, outside the public sector, to employ people with disabilities who work more than 20 hours per week. The subsidies are structured under three strands and the employer can benefit from one, or all, simultaneously. Disabled employees who meet qualifying conditions are also able to avail of the Back to Work Allowance that is available through the Department of Social and Family Affairs. 413 Questions— 8 December 2009. Written Answers

[Deputy Dara Calleary.]

• The Supported Employment Programme is an open labour market initiative providing people with disabilities with supports to help them access the open labour market. It is implemented by sponsor organisations on behalf of FÁS who employ Job Coaches to provide a range of supports tailored to the individual needs of a jobseeker. The ultimate outcome is that the employee becomes independent of Job Coach support.

• Under its funding for Disability Supports and Awareness services, FÁS also operates a series of private sector employment supports to assist people with disabilities to access and progress in employment. It also includes supports for employers. Programmes under this heading include: Workplace Equipment Adaptation Grant; Job Interview/Personal Reader Grant; Employee Retention Grant; and Disability Awareness Training Grant. Further details on the above programmes and supports are available on the FÁS website www.fas.ie

Employment Support Services. 131. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of firms in Waterford City and county that have been approved for funding under the employment subsidy scheme; the amount of funding involved; the number of jobs covered by this funding; and if she will make a statement on the matter. [45752/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The objective of the Employment Subsidy Scheme (Temporary) is to provide an employment subsidy to vulnerable but viable enterprises in order to maintain as many jobs as possible within these enterprises. 9 companies were approved for funding under the Scheme in Waterford City & County. These 9 companies were approved funding of \2,374,100, for 261 employment subsidies. These companies committed to retaining 2,639 full time employees until the end of 2010.

Job Losses. 132. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of job losses in Waterford City and county in the past three years and to date in 2009; and if she will make a statement on the matter. [45753/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Unemployment is measured by the Quarterly National Household Survey or QNHS and published by the Central Statistics Office. It does not provide data on particular counties but only on Regions. Employment in the South East Region, which includes Waterford, has decreased by 10,400 while unemployment has increased by 23,000 in the period Quarter 2 2006 to Quarter 2 2009 (April-June).

South-East In employment Year-on Year Unemployed Year-on Year change in change in Employment Unemployment

2006 213.9 15.5 12.1 −1.6 2007 223.4 9.5 11.6 −0.5 2008 225.4 2 14.6 3 2009 203.5 −21.9 35.1 20.5

414 Questions— 8 December 2009. Written Answers

In relation to the numbers of jobs lost, there is no exact measure, however, the Department records the number of redundancies notified to them on a monthly basis. The following table sets out the number of redundancy notifications received for County Waterford for the years 2006 to date.

Redundancies 2006 2007 2008 2009 Total

Waterford 675 631 1,572 2,350 5,228

The Government are taking specific measures to ensure that job retention and job creation are maximised. Enterprise Ireland has prepared a new recovery strategy to assist its clients. This strategy refocuses Enterprise Ireland’s efforts in strengthening and sustaining companies of strategic importance through a range of initiatives focused on the needs of their client base. Enterprise Ireland’s supports to businesses include:

• The Enterprise Stabilisation Fund. The fund supplies direct financial support to internationally trading enterprises that are investing in cost reduction or other measures to gain sales in overseas markets.

• The Employment Subsidy Scheme has been introduced to support the maintenance of vulnerable jobs and prevent people from being made redundant in this challenging national and global economic environment.

As part of a sustained, co-ordinated, integrated approach to jobsearch, training, education and work placement supports, I have doubled the provision of training and work experience places managed by FÁS to over 130,000. I have also increased the referral capacity of FÁS Employ- ment Services from the Department of Social and Family Affairs to 147,00 persons in 2009. The Government has therefore enacted a broad range of measures to support companies and individuals in these difficult economic times and we will continue to do so in the future.

Industrial Development. 133. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of site visits to County Waterford, Dungarvan and Waterford City that have taken place in the past two years and to date in 2009; and if she will make a statement on the matter. [45754/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I am informed by IDA Ireland that since 2007, a total of 28 visits have been made to Waterford City and County. While IDA Ireland can and does encourage clients to visit particular locations, the final decision on where to visit or locate is taken in all cases by the clients. The following tabular statement gives the yearly breakdown of the visits.

Site Visits to Waterford City and County

Year Number of Visits

2007 9 2008 12 2009 (to date) 7

415 Questions— 8 December 2009. Written Answers

Job Creation. 134. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of jobs created by agencies under her remit in Waterford city and county in the past three years and to date in 2009; and if she will make a statement on the matter. [45755/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Forfás Annual Employment Survey reports on job gains and losses in companies that are supported by the Industrial Development agencies. Data is compiled on an annualised basis and is aggregated at overall county level. Figures for 2009 will not be available until early next year. The figures relating to net jobs existing in CEB-supported micro-enterprises are gathered in a CEB Job Survey each year. As figures are compiled on an annual basis, figures in respect of 2009 will not be available until early in 2010. Net jobs in CEB-supported companies in 2006, 2007 and 2008 are set out in the following table. In the three-year period, 2006 to 2008, a total of 1,257 IDA Ireland supported jobs were created in Waterford City and County and a total of 1,339 jobs were created by Enterprise Ireland client companies. The Industrial Development agencies together with the CEBs are keenly focused on supporting Irish and overseas enterprise with the ultimate goal of growth and the creation of sustainable employment.

Jobs Created in Waterford City & County

Agency No. Jobs created in No. Jobs created in No. Jobs created in Total 2006 2007 2008

IDA Ireland 711 370 176 1,257 Enterprise Ireland 409 763 167 1,339

Net Jobs Existing in CEB-supported companies

CEB 2006 2007 2008

Waterford City 866.5 832.0 809.5 Waterford County 636.0 665.5 587.5

Total 1,502.5 1.497.5 1,397.0

Industrial Development. 135. Deputy Arthur Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of foreign investors she has, through the Industrial Development Authority, brought on a county basis in 2009; and if she will make a statement on the matter. [45762/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Since January 2009 there have been 47 new project announcements of IDA supported companies investing in this country. These projects have the potential to create at least 2666 jobs. The following tabular statement lists the companies involved and their location.

416 Questions— 8 December 2009. Written Answers

Table showing location and name of companies that have invested in Ireland in 2009

Location Company

Cork Alps Electric Cork Trend Micro Cork Blizzard Entertainment, Inc. Cork Pfizer Inc Cork Gilead Sciences Cork Boston Scientific Corporation Cork McAfee Cork City Big Fish Games, Inc Dublin Gala Inc Dublin Gerson Lehrman Group Dublin PayPal Europe Services Limited Dublin Helsinn Holding S.A., Dublin Cerner Corporation Dublin Rottapharm Dublin Abbott Mature Products Management Ltd Dublin AMPAC- ISP Dublin SuccessFactors Dublin Harris Corporation Dublin BSB Dublin Everest Dublin Microsoft Dublin Butterfield Fulcrum Dublin Citi Dublin Colgate-Palmolive Dublin PayPal Dublin IBM Dublin Citrix Systems Dublin Sajan Dublin Facebook Dublin BNY Mellon Dublin Bentley Systems, Incorporated, Dublin Sophis Group Dublin, Cork and Galway IBM Dundalk CIRS Dundalk CDiscount Dundalk Kenexa Galway Boston Scientific Galway Lumension Galway HP Galway Galway Buy.com Kildare Hewlett Packard Ireland Ltd. Letterkenny SITA Mayo Vattenfall/Tonn Energy Meath Wetzel Monaghan Computershare (CGS) Sligo Equinoxe AIS Tullamore Isotron

417 Questions— 8 December 2009. Written Answers

136. Deputy Arthur Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 34 of 12 November 2009, the locations in County Donegal at which the three industrial development authorities hosted itinerary by foreign investors were held; and if she will make a statement on the matter. [45763/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I have been informed by IDA Ireland that the 3 itineraries by potential investors mentioned in P.Q No. 34 of 12 November 2009 were to Letterkenny, Co. Donegal. While IDA Ireland can and does encourage clients to visit particular locations, the final decision on where to visit or locate is taken in all cases by the clients.

Industrial Relations. 137. Deputy Finian McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will support a matter (details supplied). [45771/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The rights commissioners and the Labour Court act independently in carrying out their functions. Section 13(9) of the Industrial Relations Act 1969 provides that a party to a dispute in relation to which a rights commissioners has made a recommendation may appeal to the Labour Court against the recommendation and the parties to the dispute shall be bound by the Court’s decision. In 2008, a total of 131 cases were referred to the Court under Section 13(9) of the Industrial Relations Act 1969, an increase of 27% over the previous year. I am satisfied that the current arrangements are appropriate and I have no plans to review this provision as proposed in the Deputy’s question.

Employment Appeals. 138. Deputy Seán Fleming asked the Tánaiste and Minister for Enterprise, Trade and Employment if the Employment Appeals Tribunal are in a position to deal with excessive delays in dealing with employment appeals; and if she will make a statement on the matter. [45785/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The Employment Appeals Tribunal is an independent, quasi-judicial body under the aegis of my Department. Secretarial and administrative support is provided by Departmental staff. Additional administrative resources have been allocated to the Tribunal, both last year and this year, to help it process claims. For claims outside of Dublin, I understand that, over the past three years, the average waiting period for claims to be heard was as follows—

Year Weeks

2007 51 weeks 2008 31 weeks 2009 31 weeks (to end Nov 2009)

I also understand that the number of claims to the Tribunal up to November 2009, compared with the same period last year, has doubled. While this is placing considerable pressure on case processing timeframes, I am encouraged by the fact that so far this year there has been no major worsening of the average waiting times. I will be keeping the matter under review and will take further action if possible within the constraints which exist in relation to resources. 418 Questions— 8 December 2009. Written Answers

Redundancy Payments. 139. Deputy Tom Hayes asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment when an application for payment of redundancy of social insurance fund will be processed in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [45804/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): My Department administers the Social Insurance Fund (SIF) in relation to redundancy payments on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees and, statutory lump sums to employees whose employers are insol- vent and/or in receivership/liquidation. I can confirm that my Department received a statutory lump sum application for the individual concerned on the 7th April, 2009 claiming inability to pay on behalf of the employer. In this case, as in all cases where the employer claims inability to pay the employee(s) statutory redundancy, the Department requires the employer to provide sufficient proof to substantiate the claim. This includes providing the latest set of audited accounts for the company as well as certification from the company’s Accountant or Solicitor attesting to the fact that the employer has insufficient assets to pay the redundancy entitlements. Providing this documentation is submitted and is in order, the Department pays the employee(s) directly from the Social Insurance Fund. If the supporting information required from the employer is not provided to my Department, the employee is advised by the Department to take a case to the Employment Appeals Tribunal (EAT) against the employer to seek a determination establishing the employee’s right and entitlement to redundancy. That is the advice given by my Department in this case which I understand was acted upon by the individual who currently awaits a hearing of the EAT. If a positive determination is given by the EAT, this allows the Department to make payment to the employee concerned very soon thereafter. I understand however that in relation to the area concerned in the case of this individual, there is currently a 42 week waiting period for hearings. Given this backlog of cases pending, it is estimated that a hearing in this case should take place in April 2010. The Employment Appeals Tribunal is an independent, quasi-judicial body under the aegis of my Department. Secretarial and administrative support is provided by Departmental staff. I understand that the number of claims to the Tribunal up to November 2009, compared with the same period last year, has doubled. Additional administrative resources have been allocated to the Tribunal, both last year and this year, to help it process claims. I will be keeping the matter under review and will take further action if possible within the constraints which exist in relation to resources.

Departmental Guidelines. 140. Deputy John McGuinness asked the Tánaiste and Minister for Enterprise, Trade and Employment if, further to previous parliamentary questions regarding the control of unattended petrol dispensing outlets, she will refer to the response given by the Minister for Environment, Heritage and Local Government to Parliamentary Question No. 387 of 10 November 2009 in which he confirms that her Department has recently developed draft guidelines regarding the control of such outlets; if, in view of this response, she will publish the guidelines to fire officers to clarify the situation for those operators who want to develop their business in this area; and if she will make a statement on the matter. [45818/09]

419 Questions— 8 December 2009. Written Answers

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): My Department does not licence petrol dispensing stations and accordingly I do not have detailed information about the extent to which they are operational but my understanding is that there are none in operation in the State at present. It is my further understanding that such stations could only operate by virtue of special conditions attached to a licence granted to a proposed operator. In order to operate, petrol stations are required to have a licence. Licences for privately-operated petrol stations are issued by Local (and Harbour) Authorities. Because my Department does not issue licences for petrol dispensing outlets, it has not developed any guidelines relating to the control of petrol dispensing outlets attended or unattended. Moreover, I am advised that neither my Department nor the Health and Safety Authority has issued such guidelines under the Dangerous Substances Acts — the Acts do not provide for the issuance of guidelines. Consideration of the potential impact of unattended petrol stations involves a variety of codes — not just occupational health and safety. Indeed, it is a moot point as to whether the Health and Safety Authority, whose remit is occupational health and safety would have a role in relation to enterprises which, by definition, do not have workers present. The other codes involved in an assessment of the impacts of unattended petrol stations would include fire services, planning, dangerous substances, the emission of Volatile Organic Compounds, general environmental impacts, etc. As I indicated in an earlier response, a number of fire officers and members of the staff of the Health and Safety Authority did consider some of the issues relating to unattended petrol stations and the conditions that might be expected to apply to their operation. I am informed that the outcome of their deliberations was conveyed by the Health and Safety Authority to the National Directorate on Fire and Emergency Management of the Department of the Environment, Heritage and Local Government.

Work Placement Programme. 141. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford City and county that have been approved for funding under the work placement programme; the amount of funding involved; the number of individual placements covered by this funding; and if she will make a statement on the matter. [46002/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): There is no funding involved under the Work Placement Programme as the participants retain their Social Welfare payments while on the programme. To date, 60 individuals have applied for vacancies advertised under Work Placement Prog- ramme in Waterford City and County. These individuals have been screened for eligibility by FÁS. Out of the 60 applicants, 3 have already taken up positions with companies under the programme. Currently in Waterford City and County there are 22 vacancies available to be filled and to date 18 employers have advertised vacancies with FÁS.

Enterprise Stabilisation Fund 142. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford City and county that have been approved for funding under the enterprise stabilisation fund; the amount of funding involved; the number of jobs created by this funding; and if she will make a statement on the matter. [46003/09]

420 Questions— 8 December 2009. Written Answers

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Government approved an amount of \100m in total for the Enterprise Stabilisation Fund for the years 2009 and 2010. \50m has been included in the estimate of my Department for this purpose in 2009. Under the scheme, Enterprise Ireland may provide up to \500,000 to viable companies with robust business models that are facing difficulties as a result of the current economic environment. To date, there have been 2 successful companies, employing 82 people, approved for funding under the Enterprise Stabilisation Fund from Waterford City and County, totalling \940,000.

Job Creation. 143. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford City and county that have been approved for funding under the growth fund in each of the past there years and to date in 2009; the amount of funding involved; the number of jobs created by this funding; and if she will make a statement on the matter. [46004/09]

144. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford City and county that have been approved for company expansion funding by Enterprise Ireland in each of the past three years and to date in 2009; the amount of funding involved; the number of jobs created by this funding; and if she will make a statement on the matter. [46005/09]

145. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford city and county that have been approved for funding by Enterprise Ireland in each of the past three years and to date in 2009 under its schemes for exploring new opportunities; the amount of funding involved; the number of jobs created by this funding; and if she will make a statement on the matter. [46006/09]

146. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford city and county that have been approved for funding by Enterprise Ireland in each of the past three years and to date in 2009 under its schemes for research and development; the amount of funding involved; the number of jobs created by this funding; and if she will make a statement on the matter. [46007/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 143 to 146, inclusive, together. The Growth Fund, launched in 2008, is designed to assist SME clients of Enterprise Ireland to achieve greater competitiveness by improving their export potential. Activities that lead to a sustainable improvement in productivity within a company may be supported under this competitive fund. These include capital investment, technology acquisition, recruitment of key managers, consultancy to assist with the implementation of the proposal, management development and staff training. In 2008, Enterprise Ireland approved \799,394 support to 3 companies from Waterford. In 2009 to date, Enterprise Ireland approved \481,791 support to 2 companies from Waterford. Funding for company expansion is designed to help with funding for companies’ expansion plans — this includes capital, training and employment supports, the focus of which is to increase exports. Since the beginning of 2006, Enterprise Ireland has approved \750,290 support for 4 company expansion projects to 3 companies from Waterford. In 2006, Enterprise

421 Questions— 8 December 2009. Written Answers

[Deputy Mary Coughlan.] Ireland approved \310,527 to 1 company in Waterford, while in 2009 to date \439,763 was approved to 2 companies in Waterford. Funding for exploring new opportunities is focused on investigating new ideas and markets as an essential aspect of business development. Enterprise Ireland provides financial assistance in a range of areas including towards: Feasibility study grants, Going Global (for Irish services companies), Commercialisation of Research and Development (CORD), Enterprise Platform Programme, GreenTech Support, EU 7th Framework Programme Support, Market Research, R & D Stimulation, Consultancy, Business Acceleration Programme (BAP), Graduate placements, Export Orientation Programme (EOP), Mentors, Trade fair participation, Supply Chain Management and eBusiness Management. Since the beginning of 2006, Enterprise Ireland has approved a total of 89 companies for 143 projects under ‘Exploring New Opportunities’ amounting to \2,615,689 in Waterford. In 2006, Enterprise Ireland approved \548,963 to 31 companies. In 2007, Enterprise Ireland approved \703,692 to 35 companies. In 2008, Enterprise Ireland approved \879,185 to 42 companies. In 2009 to date, Enterprise Ireland has approved \483,849 to 28 companies. Driving in-company research and development and the innovative application of knowledge will be critical drivers for the future success of Irish enterprise. Since the beginning of 2006, Enterprise Ireland has approved a total of \2,614,360 for research and development funding to 14 Waterford companies. In 2006, Enterprise Ireland approved \1,034,502 to 3 companies. In 2007, Enterprise Ireland approved \97,360 to 1 company. In 2008, Enterprise Ireland approved \1,145,591 to 7 companies. To date in 2009, Enterprise Ireland has approved \336,907 to 3 companies. The Forfás Annual Employment Survey records jobs gained and lost in companies supported by the Industrial Development Agencies. Data is compiled on an annualized basis and is aggregated at county level. Data in relation to 2009 will not be available until mid 2010. The number of jobs created in Enterprise Ireland supported companies in Waterford was 409, 763 and 167 in 2006, 2007 and 2008 respectively.

147. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford city and county that have been approved for capital grants by the IDA Ireland in each of the past three years and to date in 2009; the amount of funding involved; the number of jobs created by this funding; and if she will make a statement on the matter. [46008/09]

148. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford city and county that have been approved for employment grants by the IDA Ireland in each of the past three years and to date in 2009; the amount of funding involved; the number of jobs created by this funding; and if she will make a statement on the matter. [46009/09]

149. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford city and county that have been approved for research and development capability grants by the IDA Ireland in each of the past three years and to date in 2009; the amount of funding involved; the number of jobs created by this funding; and if she will make a statement on the matter. [46010/09]

150. Deputy John Deasy asked the Tánaiste and Minister for Enterprise, Trade and Employ- ment the number of businesses in Waterford city and county that have been approved for

422 Questions— 8 December 2009. Written Answers training grants by the IDA Ireland in each of the past three years and to date in 2009; the amount of funding involved; the number of jobs created by this funding; and if she will make a statement on the matter. [46011/09]

Tánaiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 147 to 150, inclusive, together. The amount of capital grants, employment grants, research and development grants and training grants awarded by IDA Ireland to businesses in Waterford City and County from 2006 to date in 2009 are shown in the tabular statement. In this period, a total of 25 businesses availed of such grants. The tabular statement gives the breakdown of the grants given to these businesses. The Forfás Annual Employment Survey records jobs gained and lost in companies supported by the Industrial Development Agencies. Data is compiled on an annualized basis and is aggregated at county level. Data in relation to 2009 will not be available early 2010. In the period, 2006 to 2008, a total of 1403 jobs were created in IDA Ireland supported companies in Waterford. The tabular statement gives the yearly breakdown of this figure.

The Grant payment figures for companies in Waterford from 2006 to date in 2009

Year Employment Grants Capital Grants R&D Grants Training Grants \\\\

2006 1,127,264 2,928,958 574,445 — 2007 1,598,943 5,000,000 471,096 194,630 2008 4,499,255 — 202,721 37,614 2009 (to date) 432,200 — 35,367 59,767

Number of companies availing of IDA grant payments in Waterford from 2006 to date in 2009

Year Employment Grants Capital Grants R&D Grants Training Grants

2006 4 1 3 — 2007 2111 2008 5 — 21 2009 (to date) 2 — 11

Number of new jobs created in Waterford from 2006 to 2008

Year New Jobs Created

2006 851 2007 376 2008 176

Community Employment Schemes. 151. Deputy Jimmy Deenihan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of places on community employment schemes in County Kerry for the years 2007, 2008 and to date in 2009; if she plans to increase the number of places in 2010; and if she will make a statement on the matter. [46025/09] 423 Questions— 8 December 2009. Written Answers

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): Community Employment (CE) is an active labour market programme designed to provide eligible long term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a fixed term basis. CE helps unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to a work routine and to assist them to enhance/develop both their technical and personal skills. Any decision in relation to the number of places on the programme in 2010 will be taken in the light of the forthcoming budget. The information sought by the Deputy is contained in the following table:

Year Number of places

2007 (year end) 958 2008 (year end) 973 2009 (end November) 953

Flood Relief. 152. Deputy Olwyn Enright asked the Minister for Finance the actions he intends to take in conjunction with all relevant Department’s to examine a management programme for the Shannon area minimise future flood risk; and if he will make a statement on the matter. [45292/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): To facilitate planning for the management of future flood risk, OPW has embarked on a programme of Catchment Flood Risk Assessments since being assigned lead agency responsibilities in 2004, following the review of flood policy. These studies, which are required by the National Flood Policy and the EU Floods Directive, are designed to identify the areas at risk from flood events for a range of severities and to produce a prioritised plan of measures for dealing with areas where the risk is significant. The Shannon study is expected to commence in mid-2010. Pending completion of the study for the Shannon Catchment, OPW, through the minor works scheme, will work with the relevant local authorities to identify areas that may benefit from interim localised mitigation measures.

Proposed Legislation. 153. Deputy Eamon Gilmore asked the Minister for Finance his plans to introduce legislation to provide for a more open and transparent system for appointments to public bodies as per commitment in the revised programme for Government; and if he will make a statement on the matter. [45336/09]

Minister for Finance (Deputy Brian Lenihan): The renewed programme for Government provides for the introduction, on a legislative basis, of a more open and transparent system for appointments to public bodies. The legislation will outline a procedure for the publication of all vacancies likely to occur, invite applications from the general public and from the responses create a panel of suitable persons for consideration of appointment. The legislation will also specify numbers of persons to be appointed by a Minister and will facilitate the appropriate Oireachtas Committees to make nominations to the panel. 424 Questions— 8 December 2009. Written Answers

Work on this issue is taking place in the context of implementing the recommendations contained in the report of the task force on the public service, transforming public services report. The task force made a series of recommendations in relation to State agencies, including the development of models of performance and governance frameworks. Individual Ministers have already sponsored changes in their sectoral areas of responsibility. In this regard, the Deputy will be aware of the innovative measures for board appointments to public broadcasting corporations which were sponsored by Minister Ryan in the recently enacted Broadcasting Act. Developments in this area will help inform the legislative approach to be taken in relation to other public bodies.

Departmental Staff. 154. Deputy Eamon Gilmore asked the Minister for Finance his plans to amend the provisions of the Code of Conduct for Civil Servants relating to the acceptance of outside appointments and of consultancy work following resignation or retirement as per commitment in the revised Programme for Government; and if he will make a statement on the matter. [45337/09]

Minister for Finance (Deputy Brian Lenihan): The Civil Service Code of Standards and Behaviour provides that civil servants who hold positions which are designated positions for the purposes of the Ethics Acts shall not, within 12 months of resigning or retiring from the service:- (a) accept an offer of appointment from an employer outside the Civil Service or (b) accept an engagement in a particular consultancy project where the nature of such appointment or engagement could lead to a conflict of interest, without first obtaining approval from the appropriate authority. In respect of staff below the grade of Assistant Secretary the appropriate authority is the Secretary General/Head of Office and in the case of staff at Assistant Secretary or above the appropriate authority is the Outside Appointments Board. The terms of the renewed programme for Government provide for the extension of the above provisions to all public servants. I am taking steps to ensure that work on the extension of the Civil Service provisions is advanced in each sector. This work will include consultations with the appropriate stakeholders.

Tourism Industry. 155. Deputy Willie Penrose asked the Minister for Finance if, in view of the reduction in visitors coming here over the past year, he will take steps to scrap the \10 tourist tax; and if he will make a statement on the matter. [45475/09]

Minister for Finance (Deputy Brian Lenihan): The Finance (No.2) Act 2008 confirmed the introduction of an air travel tax from 30 March 2009. However, I took account of concerns raised by the regional airports particularly those on the western seaboard. The lower rate of \2 applies to departures from any Irish airport where the destination is 300 km or less from Dublin airport. This means that all Irish departures to locations such as Manchester, Liverpool and Glasgow are subject to the \2 rate. Ireland is not unique in regard to applying a tax on air travel. Other countries within the EU apply similar taxes such as the UK and France, as do Australia and New Zealand. The rates for the Irish air travel tax are not unreasonable both for shorter and longer journeys, when compared to rates in other countries. It should be recognised that tourists are only subject to the tax on their return journey. The additional \10 or \2 in the context of a much larger purchasing decision involving travel,

425 Questions— 8 December 2009. Written Answers

[Deputy Brian Lenihan.] hotel expenditures etc. should have only a limited effect on tourist numbers. The Government appreciates the airline industry continues to go through a difficult period. However, this difficult trading period arises primarily from weak world economic activity. It should be noted that at present the decline in air travel is an international phenomenon and as a result aviation services are contracting on a global basis. In the case of Ireland the decline in passenger numbers through our airports are broadly in line with our international counterparts. This downward trend is evident for periods prior to the introduction of the air travel tax. Furthermore, passenger numbers for other modes of transport have also experienced broadly similar declines. This is not a desirable situation, but it is clear that the air travel tax is not the substantive cause for the decline in passenger numbers. We currently face significant financial challenges and the air travel tax is an important revenue raising measure. The Government has tried to be as fair as possible in looking at areas for additional tax revenues. It is also worth noting that fuel used by commercial airlines is completely exempt from tax, so it’s a sector that already has considerable preferential treatment.

Flood Relief. 156. Deputy Paul Kehoe asked the Minister for Finance the procedures regarding the removal of silt from a river bed to deepen the river; the licences that have to be obtained; the cost and duration of time to fulfil the requirements; the agencies to apply to; and if he will make a statement on the matter. [45517/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): In its drainage operations, the Office of Public Works distinguishes between, on the one hand, the removal of silt and débris that has accumulated in a watercourse over time and, on the other hand, the deepening or deepening and widening of a watercourse below its original bed profile. The former case, generally referred to as maintenance, is a duty of owners of property along the watercourse under common law, or, in some cases, may be the statutory duty, or within the discretionary powers, of a State body. Maintenance may be subject to certain planning and environmental legislative provisions. It is generally exempt from planning permission unless the activity is to be carried out in a site designated under legislation, e.g., the EU Birds and Habitats Directives, in which case the applicable legislation or EU Directives may introduce restrictions. Where maintenance is required by statue, a specified standard of maintenance is generally imposed. Works involving altering the profile of a watercourse are subject to a variety of provisions under arterial drainage, planning and environmental legislation. Applicable legislation may include the Arterial Drainage Acts, where works are proposed by the Commissioners of Public Works, the Planning Acts, the National Monuments Acts and a wide variety of EU Directives. Many of these legislative instruments and directives are applied based on the scale of proposed works, the environmental sensitivity of the area in which works are proposed and the likely consequences of such works. In relation to licensing of drainage activities, the competent authorities are generally the National Parks and Wildlife Service of the Department of the Environment, Heritage and Local Government, Fisheries Boards under the aegis of the Department of Communications, Energy and Natural Resources, and the Environmental Protection Agency. Specific types of activity require a formal license, while, in others, there is a legislative obligation to consult, which includes obtaining agreement from the competent authority.

426 Questions— 8 December 2009. Written Answers

Compliance with the relevant body of legislation is normally integrated into the process of undertaking works. The cost and time involved in this element of the process varies significantly from case to case depending on the quality and amount of scientific data already available and whether detailed surveys and investigations are required. They can be quite significant at times.

157. Deputy Joe Carey asked the Minister for Finance the steps he is taking to introduce a national early warning system for flood risk in co-ordination with local authorities; and if he will make a statement on the matter. [45799/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): I advised the Dáil on Tuesday 24 November and Wednesday 2 December that the OPW will shortly go to tender for consultants to carry out a strategic review to assess operational structures, costs and benefits of a National Flood Warning System. The purpose of undertaking a strategic review of options for Flood Forecasting and Warning (FF&W) is to: (a) Examine the potential benefits that FF&W could achieve, (b) Identify and assess the options for the delivery of such a service in Ireland, and (c) To develop an appropriate and sustainable strategy for FF&W in Ireland. The review will be undertaken by suitably qualified and experienced consultants with the Office of Public Works funding the project and managing the review. A steering group, involving the relevant stakeholders, will participate in the review process.

Tax Code. 158. Deputy Jackie Healy-Rae asked the Minister for Finance if his attention has been drawn to the fact that solid fuel suppliers that operate businesses here and in Northern Ireland have in place systems of evading the supervision of the VAT information exchange system, intrastat and mutual assistance requirements; his views on whether the new carbon tax will also be evaded; and if he will make a statement on the matter. [45821/09]

159. Deputy Jackie Healy-Rae asked the Minister for Finance if his attention has been drawn to the fact that traders that operate businesses here and in Northern Ireland have evolved systems to evade the requirements of the VAT information exchange system, intrastat and mutual assistance controls of the Revenue Commissioner; and if he will make a statement on the matter. [45822/09]

160. Deputy Jackie Healy-Rae asked the Minister for Finance if, in view of the fact that there are no controls on the land frontier with Northern Ireland, he is satisfied that the collection of the carbon tax at point of entry to the State via that route will be possible; and if he will make a statement on the matter. [45823/09]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 158 to 160, inclusive, together. I am advised by the Revenue Commissioners that traders in any EU member state who sell goods at the zero rate of VAT to trade in another EU member state have legal obligations in relation to verifying the VAT numbers of the purchasers. This may be done through the EU Internet website to which they have free access. Otherwise, such traders leave themselves open to being held liable for the VAT on the goods if the number is invalid. Traders also have obligations in relation to justifying the application of the zero rate of VAT, that is, the goods must have left the state in question and are not simply re-sold in that state. Traders are also advised of their obligation to confirm that the purchaser of the goods is, in fact, the holder of the VAT registration number quoted at the time of supply. The purchaser of goods under these

427 Questions— 8 December 2009. Written Answers

[Deputy Brian Lenihan.] intra-Community transactions is then legally obliged to account for and pay over the VAT due on the goods at the rate of VAT applicable to the goods in the member date of that purchaser. Thus, for example, traders in the State who purchase goods from Northern Ireland traders must account for and pay over to the Revenue Commissioners the Irish VAT due on those goods. The EU VAT directives provide that any VAT-registered trader who exports goods to a VAT-registered person in another Member State must complete a VIES Statement detailing all the VAT-registered customers in other member states to whom he/she has supplied goods in respect of which that customer is liable for payment of the VAT due. The VIES statements form the basis of tax compliance programmes in Member States. Council Directive 2008/8/EC (amending Directive 2006/112/EC) provides for the more frequent filing of VIES statements and provides that traders may submit statements on a quarterly or monthly. The increased frequency of filing of VIES statements will further counter instances of potential evasion of VAT. In the case of cross-Border transactions between the UK and this State, checking the validity of VAT registration numbers, and indeed other tax compliance information, with their counterparts in Her Majesty’s Revenue and Customs in the UK, and in Northern Ireland in particular, is part of the checks carried out by Revenue officers during audits and assurance checks where risk or suspicions arise. These checks are carried out using the EU VAT Mutual Assistance Programme, which has been designed specifically to tackle cross-border VAT fraud. This programme allows for exchanges of information between EU member states in relation to VAT matters, and it also allows the presence of officials from one member state in another member state while inquiries are being carried out. These are VAT anti-fraud measures and Ireland plays a full role in the exchange of information with all other Member EU States, including the UK, with whom we have a very good working relationship. Checks of the control procedures in place between the State and Northern Ireland form part of the work programmes of Revenue’s Investigations and Prosecutions Division and the Revenue Regions. Revenue continues to liaise, as appropriate, with the competent authorities in Northern Ireland, under the EU Mutual Assistance programme. Revenue is currently engaged in a number of ongoing cross-border investigations involving the zero VAT rating of goods. If the Deputy has specific facts in relation to businesses evading VAT, whether in the area of cross border transactions or otherwise, the Revenue Commissioners would be grateful to receive such information. The Deputy can be assured that Revenue will assess and act on the information as appropriate. Finally, in so far as a carbon tax is concerned, the Deputy will appreciate that it is the usual practice for the Minister for Finance not to speculate or comment in advance of the Budget on what it will contain and I do not propose to deviate from that practice. On considering the introduction of a new tax or indeed an increase in current taxes a wide variety of factors are taken into consideration including the impact on cross-border trade. When new taxes are being introduced there are always practical issues in relation to implementation that require consideration. In that regard, as is normal practice, my officials in conjunction with the Office of Revenue Commissioners and other relevant Departments will, if the need arises engage with those sectors involved in the implementation of the carbon tax to minimise, in so far as it is reasonably possible, practical difficulties.

National Lottery Funding. 161. Deputy Aengus Ó Snodaigh asked the Minister for Finance the amount that has been raised through the National Lottery in 2007, 2008 and to date in 2009; if the money raised was

428 Questions— 8 December 2009. Written Answers used specifically for community projects; and if not, the projects the money has funded. [45860/09]

Minister for Finance (Deputy Brian Lenihan): The National Lottery surplus is allocated to a number of Government Departments in the context of the annual Estimates process. The copies of Appendix 1 of the Revised Estimates for the Public Services in each of the years 2007 to 2009, set out below, give a breakdown by Department of subheads which were part-funded by the surplus from the National Lottery. The total outturn for all part-funded subheads in 2007 was \444m, of which \230m was funded from the National Lottery surplus. The total outturn for all part-funded subheads in 2008 was \472m, of which \265m was funded from the National Lottery surplus. The total allocation for all part funded subheads in 2009 is \419m, of which \275m is profiled to be surrendered from the National Lottery surplus. Community projects are supported by the Department of Community, Rural & Gaeltacht Affairs via its “Grants for Community and Voluntary Programmes” and “Local and Com- munity Development Programmes” subheads, which are both part-funded by the surplus from the National Lottery. The level of expenditure under these two subheads was \101m in 2007 and \103m in 2008, of which \53m (2007) and \58m (2008) came from the National Lottery surplus. The Revised Estimates for Public Services for 2009 shows that the profile for the present year for these two subheads is a total expenditure of \90m, involving \58m of funding from the Lottery surplus.

429 Questions— 8 December 2009. Written Answers 701 978 000 8,618 \ 29,984 32,814 28,087 30,033 000 — — — — — — — 1,977 1,977 \ 12,141 12,141 000 —— — — \ 000 7,729 8,618 1,046 978 3,016 2,781 2,781 \ 33,393 29,984 32,568 32,814 31,267 28,087 29,552 30,033 000 — — — — — — — 2,066 2,066 \ 11,024 11,024 2005 Provisional Outturn 2006 Estimate 64 64 000 — — 1,891 17,953 19,844 1,699 18,431 20,130 \ 33,393 32,568 Appendix 1: National Lottery Allocations Vote/Subhead Current Capital Total Current Capital Total — — — Educational Organisations Grants to Colleges providing coursesGrant-in-aid in Fund Irish for general expenses of Cultural, Scientific and 234 1,046 234 218 218 Grants for Community and Voluntary Service. 29,552 Organisations organisations and other expenditure in relation to youth activities Fund for Task Force onCommunal Special Facilities Housing in Aid Voluntary for Housing theGrant Schemes Elderly for An Chomhairle Oidhreachta (Heritage Council)Grant-in-aid Fund for general expenses of Adult EducationGrant-in-aid Fund for general expenses of youth 1,891 and sport 4,863 782 31,267 6,754 1,699 4,313 782 6,012 701 Payments to Ciste na Gaeilge 3,016 Payments to the Promoters of certain Charitable Lotteries 7,729 — — — — — — — — — — 6. Office of the MinisterL. for Finance 25. Environment, Heritage and LocalB.3 Government B.4 E.2 Subtotal: 26. Education and Science. B.1 B.9 B.10 B.14 Publications in Irish Subtotal: 27. Community, Rural and GaeltachtC. Affairs K1. Subtotal:

430 Questions— 8 December 2009. Written Answers 608 000 3,084 5,813 \ 31,539 000 — — — — 2,053 2,053 \ 45,858 45,858 000 — — \ 000 1,0363,434 606 6,476 3,085 5,818 \ 30,056 31,539 continued 000 — — — — 2,343 2,343 \ — 2005 Provisional Outturn 2006 Estimate 000 — 6,476 2,343 8,819 5,818 2,053 7,871 \ 30,056 52,395 103,674 50,043 46,848 96,891 116,583 210,497 132,667 67,333 200,000 Appendix 1: National Lottery Allocations Vote/Subhead Current Capital Total Current Capital Total General Assistance to Sports Organisations 30,056 on (Grant-in-Aid) 21,223 18,504 990 19,494 í — — — — Grants to Health Agencies and other similar organisations 6,476 An Chomhairle Eala facilities and other expenditure in relation to sports activities (Grant-in-Aid) Grants for sporting bodies and the provision of sportsIrish and Sports recreational Council 52,395Grants to Health Agencies and 52,395 other similar organisationsBuilding, Equipping and Furnishing of Health Facilities 3,434 Coiste an Asgard (Grant-in-Aid) 1,036 — — — — — — — 35. Arts, Sport and Tourism C.1 C.4 D.7 Subtotal: 36. Defence Y. 39. Health and Children B.2 40. Health Service Executive B.11 C.2 Subtotal: Grand Total:

431 Questions— 8 December 2009. Written Answers 891 269 000 8,618 1,175 \ 39,063 90,383 36,728 74,381 11,548 100 000 — — — — — — — — 2,445 2,445 \ 17,012 17,012 000 — — ——— \ 69 848 891 254 269 000 7,730 8,618 1,134 1,175 3,352 4,354 100 4,454 \ 36,190 39,063 87,748 90,283 33,885 36,728 70,396 74,381 14,000 11,548 000 — — — — — — — — — — — 2,240 2,240 \ 11,948 11,948 000 — — 3,717 19,458 23,175 3,862 26,565 30,427 \ 36,190 87,748 Current Capital Total Current Capital Total Appendix 1: Expenditure Part-Funded by the National Lottery* Vote/Subhead 2005 Provisional Outturn 2006 Estimate — — — Educational Organisations Grants to Colleges providing coursesGrant-in-aid in Fund Irish for general expenses of Cultural, Scientific and 254 1,134 Grants for Community and Voluntary Programmes 14,000 Organisations other expenditure in relation to youth activities Task Force on Special HousingCommunal Aid Facilities for in the Voluntary Elderly HousingGrant Schemes for An Chomhairle Oidhreachta (Heritage Council)Grant-in-aid Fund for general expenses of Adult EducationGrant-in-aid Fund for general expenses of Youth 3,717 Organisations and 5,270 33,885 848 8,987 3,862 7,108 10,970 Local and Community Development Programmes 70,396 Payments to Ciste na Gaeilge 3,352 Payments to the Promoters of certain Charitable Lotteries 7,730 — — — — — — — — — — — 6. Office of the MinisterL. for Finance 25. Environment, Heritage and LocalB.3 Government B.4 E.1 Subtotal: 26. Education and Science. B.1 B.9 B.10 B.14 Publications in IrishSubtotal: 27. Community, Rural and GaeltachtC. Affairs K.1 L.1 Subtotal: 69

432 Questions— 8 December 2009. Written Answers 749 000 3,815 7,193 \ 40,914 000 — — — — 2,539 2,539 \ 62,724 62,724 000 — — \ 000 1,1233,722 749 7,018 3,815 7,193 \ 34,425 40,914 continued — 000 — — — — 2,539 2,539 \ 56,782 56,782 000 — — 7,018 2,539 9,557 7,193 2,539 9,732 \ 97,070 60,370 157,440 109,554 66,394 175,948 244,318 82,367 326,685 263,137 95,598 358,735 Current Capital Total Current Capital Total 210.5 million from the National Lottery; the balance was funded by the Exchequer. In 2006, estimated \ 200 million from the National Lottery and the balance by the Exchequer. \ Appendix 1: Expenditure Part-Funded by the National Lottery* Vote/Subhead 2005 Provisional Outturn 2006 Estimate on (Grant-in-Aid) 62,645 3,588 66,233 68,640 3,670 72,310 í 326.685 million in 2005 was financed by \ 358.735 million will be financed by \ — Grants to Health Agencies and other similar organisations 7,018 An Chomhairle Eala Grants for sporting bodies and the provision of sportsIrish and Sports recreational Council (Grant-in-Aid)Grants to Health Agencies and other similar organisationsBuilding, Equipping and Furnishing of Health Facilities 34,425 3,722 Coiste an Asgard (Grant-in-Aid) 1,123 — — — — — — — total expenditure of facilities 35. Arts, Sport and Tourism C.1 C.3 D.7 36. Defence Y. 39. Health and Children B.2 40. Health Service Executive B.11 C.2 Subtotal: *The total expenditure of

433 Questions— 8 December 2009. Written Answers 929 230 000 8,618 1,256 \ 45,032 42,617 81,500 26,548 112,500 100 000 — — — — — — — — 2,700 2,700 \ 66,221 66,221 000 — — \ 891 929 229 230 000 8,618 8,618 1,228 1,256 4,251 4,352 100 4,452 \ 39,041 45,032 87,368 112,400 36,693 42,617 71,972 81,500 11,145 26,548 000 — — — — — — — — — — 2,624 2,624 \ 63,011 63,011 000 — — 3,862 71,161 75,023 4,485 76,236 80,721 \ 39,041 87,368 Current Capital Total Current Capital Total Appendix 1: Expenditure Part-Funded by the National Lottery* Vote/Subhead 2006 Provisional Outturn 2007 Estimate Communal Facilities in Voluntary Co-Operative Housing Schemes Private Housing Grants — — — Educational Organisations Grants to Colleges providing coursesGrant-in-aid in Fund Irish for general expenses of Cultural, Scientific and 229 1,228 Grants for Community and Voluntary Programmes 11,145 Organisations other expenditure in relation to youth activities Grant for An Chomhairle Oidhreachta (Heritage Council)Grant-in-aid Fund for general expenses of Adult EducationGrant-in-aid Fund for general expenses of Youth 3,862 Organisations and 5,526 36,693 891 9,388 4,485 7,315 11,800 Local and Community Development Programmes 71,972 — Payments to Ciste na Gaeilge 4,251 Payments to the Promoters of certain Charitable Lotteries 8,618 — — — — — — — — — — 6. Office of the MinisterL. for Finance 25. Environment, Heritage and LocalB.1.14 Government B.2.4 E.1 Subtotal: 26. Education and Science. B.1 B.9 B.10 B.14 Subtotal: 27. Community, Rural and GaeltachtC. Affairs K.1 L.1 Subtotal:

434 Questions— 8 December 2009. Written Answers 879 000 9,897 3,903 7,358 \ 54,025 000 — — — — 2,539 2,539 \ 49,250 49,250 000 — \ 749 879 000 6,344 7,358 2,539 3,7576,344 3,903 7,358 \ 40,914 54,025 continued — 000 — — — — — \ 55,053 55,053 000 — ———— 6,344 \ 112,054 66,223 178,277 129,025 54,250261,793 183,275 137,384 399,177 311,700 133,125 444,825 Current Capital Total Current Capital Total 200 million from the National Lottery; the remainder was funded by the Exchequer. In 2007, estimated \ 205 million from the National Lottery and the remainder by the Exchequer \ Appendix 1: Expenditure Part-Funded by the National Lottery* Vote/Subhead 2006 Provisional Outturn 2007 Estimate on (Grant-in-Aid) 71,140 11,170 82,310 75,000 5,000 80,000 í 399,122 million in 2006 was financed by \ 444.825 million will be financed by \ facilities — — Grants to Health Agencies and other similar organisations 6,344 An Chomhairle Eala Grants for sporting bodies and the provision of sportsIrish and Sports recreational Council (Grant-in-Aid)Grants to Health Agencies and other similar organisationsBuilding, Equipping and Furnishing of Health Facilities 40,914 3,757 Coiste an Asgard (Grant-in-Aid) 749 — — — — — — — — total expenditure of 35. Arts, Sport and Tourism C.1 C.3 D.7 Subtotal: 36. Defence Y. 39. Health and Children B.2 40. Health Service Executive B.11 C.2 Subtotal: Total: *The total expenditure of

435 Questions— 8 December 2009. Written Answers n á 929 230 000 1,256 8,618 \ 45,032 26,548 42,617 81,500 n á 000 — — — — — — — — 2,700 2,700 \ 66,221 66,221 000 — — \ NTA* Ú ISI Á n Reatha Caipitil Ioml á 891 929 229 230 000 4,251 4,352 100 4,452 1,228 1,256 8,618 8,618 \ 39,041 45,032 87,368 112,400 100 112,500 11,145 26,548 36,693 42,617 71,972 81,500 000 — — — — — — — — — — 2,624 2,624 \ 63,011 63,011 AG AN gCRANNCHUR N Ú 891 000 — 3,862 71,161 75,023 4,485 76,236 80,721 \ 39,041 87,368 36,693 Reatha Caipitil Ioml í í IRTMHAOINI Á ochta ochta í í lta 229 lta Eagra á á ige irithe 8,618 Á ochta Deonacha agus íÓ í i nGaeilge 1,228 í ochta í rsa il ú ú omha iti í rcheann 2006 Caiteachas Sealadach 2007 Meastach í n 1: CAITEACHAS ARNA PH imeanna Tith Á í é í— ochta agus Oideachais id í á Aguis ir Dheonach 11,145 á obh ta/Fo-mh Crannchur Carthanach í ó a Thughann C í í ir V la agus Pobail 71,972 ó ú ist á l iti ocht í ó Á ochta Pr Pobail, Tuaithe agus Gaeltachta í í , Culturtha Eola í comhchoiteanna i Sc tha le Tionscn í ó í id ochta á í ocht le Ciste na Gaeilge 4,251 ochta ir Forbartha í í Comharchumainn Saor á n n n ige agus Costas eile maidir le Gn Deontais Tith Eagra Deontais do Ch Ciste Deontas-i-gCabhair le hAghaidh Costas Gineare á á á Deontais Phobail agus Cl Ó Oideachas Aosaigh Deontas don Chomhairle OidhreachtaCiste Deontas-i-gCabhair le hAghaidh Costas Gineare Ciste Deontas-i-gCabhair le hAghaidh Costas Ginearealta Eagra 3,862 5,526 9,388 4,485 7,315 11,800 Cl — oca oca — — — — — — — — —Í —Í 6. Oifig an Aire Airgeadas L. 25. Comhshaol, Oidhreacht agus Rialtas B.1.14 B.2.4 E.1 Fo-Ioml 26. Oideachas agus Eola B.1 B.9 B.10 B.14 Fo-Ioml 27. An Roinn Gn C. K1. L1. Fo-Ioml

436 Questions— 8 December 2009. Written Answers n á 879 000 3,903 7,358 \ 54,025 n á 000 — — — — 2,539 2,539 \ 49,250 49,250 int ú 000 — ar lean \ tchiste. In 2007, maoineofar an caiteachas — á NTA* n Reatha Caipitil Ioml Ú á 749 879 id as an St 000 ISI é 6,344 7,358 2,539 9,897 3,757 3,903 6,344 7,358 \ 40,914 54,025 Á tchiste. á odh an t-iarmh 000 — — — — — í \ 55,053 55,053 id as an St é nta; maoin ú isi 000 — ———— AG AN gCRANNCHUR N á 6,344 \ Reatha Caipitil Ioml 261,793 137,384 399,177 311,700 133,125 444,825 112,054 66,223 178,277 129,025 54,250 183,275 Ú il 6,344 il 3,757 ú ú nta agus an t-iarmh ú n gCrannchur N isi ó eile cos IRTMHAOINI á eile cos í n iseanna í Á ú Á ochta í ochta í thar á 200 milli \ eagra ’ eagra ’ nle n gCrannchur N ú ó inte á n irt agus Sol ú Sl ó í inte agus d id Sp inte agus d á á í á rcheann 2006 Caiteachas Sealadach 2007 Meastach í Sl Sl í í 205 milli 399.112 milli Saor \ \ inte ú á n, ú n 1: CAITEACHAS ARNA PH í ta/Fo-mh ireacht ireann (Deontas-i-gCabhair) 40,914 ó ó se Sl í É V on (Deontas-i-gCabhair) 71,140 11,170 82,310 75,000 5,000 80,000 í Aguis omhaireachta í agus Feisti omhaireachta í ú í irt na h ó 444.825 milli \ rt agus Turas ó odh an caiteachas de í nde á il, Trealmh á irt agus Caitheamh Aimsire g ó n n ona, Sp ó leo Deontais do Ghn í á á — An Chomhairle Eala Sp leo Deontais le hAghaidh Comhlachta Comhairle Sp Deontais do Ghn T inte agus Leana Coiste an Asgard (Deontas-i-gCabhair) 749 n: á — á — — — — — — measta ioml 35. Eala C.1 C.3 D.7 Fo-Ioml 36. Cosaint Y. 39. Sl B.2 40. Feidhmeannacht na Seirbh B.11 C.2 Fo-Ioml Ioml *In 2006 maoin

437 Questions— 8 December 2009. Written Answers 8,000 8,000 63,01163,011 63,011 63,011 8,000 66,221 66,221 74,221 66,221 PROV OUTTURN 2006 REV 2007 8,618 0 8,618 8,618 0 8,618 39,041 39,04187,368 45,032 87,368 45,032 112,400 100 112,500 Current Capital Total Current Capital Total COURSES IN IRISH (NAT 1,228 1,228 1,256 1,256 — POBAIL, TUAITHE AGUS 276,549 134,702 411,251 342,000 133,000 475,000 Í THA Ó NTA) OCHT LE CISTE NA GAEILGE (CRANNCHUR 4,251 4,251 4,352 100 4,452 Ú Í — — — — ISI LOTTERY) LOTTERY) GRANTS TO COLLEGES G-I-A FOR GEN EXP OF SCIENTIFIC & EDUC ORGS (NAT 229 229 230 230 ENVIRONMENT AND LOCAL GOVERNMENT (NET)EDUCATION AND SCIENCE 805,253 (NET) 1,866,156 2,671,409 872,227 2,022,397AN ROINN GN 2,894,624 6,999,106 648,161 7,647,267 7,662,731 722,600 8,385,331 GAELTACHTA (NET) PROGRAMMES (MAINLY NATIONAL LOTTERY) GRANTS FOR COMMUNITY AND VOLUNTARY 11,145 11,145 26,548 26,548 Á LOTTERY) G-I-A FOR GEN EXP OF ADULT EDUCATION (NATG-I-A FOR GEN EXPS OF YOUTH ORGS (NAT LOTTERY) 36,693 891 36,693 891 42,617 929 42,617 929 (PART FUNDED BY NAT LOTT) LOCAL AND COMMUNITY DEVELOPMENT PROGRAMMES 71,972 71,972 81,500 81,500 DEPARTMENT OF FINANCE (NET) 88,565 7,938 96,503 88,424 9,076 97,500 OCA N PAYMENTS TO THE PROMOTERS OF CERTAIN CHARITABLE 8,618 8,618 8,618 8,618 LOTTERIES — — — — — — — — — — —Í — V6 L Total V6: V25 13. Sustainable Communities Fund 4. Private Housing Grants Total V25: V26 B.1 B.9 B.10 B.14 Total V26: V27 C K.1 L.1 Total V27:

438 Questions— 8 December 2009. Written Answers — 2,539 2,539 10,935,459 538,950 — PROV OUTTURN 2006 REV 2007 749 0 749 879 0 879 3,757 06,344 3,757 3,903 6,344 0 7,358 3,903 2,539 9,897 257,931 129,234 387,165 315,215 123,110 438,325 112,054 66,223 178,277 129,025 54,250 183,275 Current Capital Total Current Capital Total PART NAT LOTT (GIA) 71,140 11,170 82,310 75,000 5,000 80,000 — ON Í — — — — — GRANT TO HEALTH AGENCIES (NAT LOTTERY) 6,344 6,344 7,358 7,358 ARTS, SPORT AND TOURISM (NET)DEFENCE (NET)HEALTH 363,656 AND CHILDREN (NET) 163,729 527,385HEALTH SERVICE EXECUTIVE (NET) 397,470 251,805 649,275 346,541 731,283 17,171 21,601 9,580,944 363,712 752,884 450,146 437,022 767,130 41,450 30,000 478,472 797,130 AN CHOMHAIRLE EALA LOTT(G-I-A) LOTTERY) GRANTS FOR SPORTING BODIES (NATIRISH LOTT) SPORTS COUNCIL ADMIN (PART FUNDED BY NAT 40,914GRANTS TO HEALTH AGENCIES & OTHER ORGS (NAT 55,053 40,914 55,053 54,025 3,757BUILDING AND EQUIPMENT (NAT LOTTERY) 49,250 54,025 3,757 49,250 3,903 3,903 COISTE AN ASGARD (GRANT-IN-AID) (NATIONAL LOTTERY) 749 749 879 879 — — — — — — — — — — — V35 C.1 C.3 D.7 Total V35: V36 Y Total V36: V39 B.2 Total V39: Grand Total: V40 B.11 C.2 Total V40:

439 Questions— 8 December 2009. Written Answers 701 987 000 8,618 \ 29,984 32,814 28,087 30,033 000 — — — — — — — 1,977 1,977 \ 12,141 12,141 000 —— — — \ 000 7,729 8,618 1,046 978 3,016 2,781 2,781 \ 33,393 29,984 32,568 32,814 31,267 28,087 29,552 30,033 000 — — — — — — — 2,066 2,066 \ 11,024 11,024 64 64 000 — — 1,891 17,953 19,844 1,699 18,431 20,130 \ 33,393 32,568 Current Capital Total Current Capital Total Appendix 1: NATIONAL LOTTERY ALLOCATIONS Vote/Subhead 2005 Provisional Outturn 2006 Estimate — — — Educational Organisations Grants to Colleges providing coursesGrant-in-aid in Fund Irish for general expenses of Cultural, Scientific and 234 1,046 234 218 218 Grants for Community and Voluntary Service 29,552 Organisations organisations and other expenditure in relation to youth activities Fund for Task Force onCommunal Special Facilities Housing in Aid Voluntary for Housing theGrant Schemes Elderly for An Chomhairle Oidhreachta (Heritage Council)Grant-in-aid Fund for general expenses of Adult EducationGrant-in-aid Fund for general expenses of youth 1,891 and sport 4,863 782 31,267 6,754 1,699 4,313 782 6,012 701 Payments to Ciste na Gaeilge 3,016 Payments to the Promoters of certain Charitable Lotteries 7,729 — — — — — — — — — — 6. Office of the MinisterL. for Finance 25. Environment, Heritage and LocalB.3 Government B.4 E.2 Subtotal: 26. Education and Science. B.1 B.9 B.10 B.14 Publications in Irish Subtotal: 27. Community, Rural and GaeltachtC. Affairs K1. Subtotal:

440 Questions— 8 December 2009. Written Answers 608 000 3,084 5,813 \ 31,539 000 — — — — 2,053 2,053 \ 45,858 45,858 000 — — \ 000 1,0363,434 606 6,476 3,085 5,818 8,819 \ 30,056 31,539 continued — 000 — — — — 2,343 2,343 \ 000 — 6,476 2,343 8,819 5,818 2,053 7,871 \ 30,056 52,395 103,674 50,043 46,848 96,891 116,583 2,343 210,497 132,667 67,333 200,000 Current Capital Total Current Capital Total Appendix 1: NATIONAL LOTTERY ALLOCATIONS Vote/Subhead 2005 Provisional Outturn 2006 Estimate General Assistance to Sports Organisations 30,056 on (Grant-in-Aid) 21,223 18,504 990 19,494 í — — facilities and other expenditure in relation to sports activities (Grant-in-Aid) — — Grants to Health Agencies and other similar organisations 6,476 An Chomhairle Eala Grants for sporting bodies and the provision of sportsIrish and Sports recreational Council 52,395Grants to Health Agencies and 52,395 other similar organisationsBuilding, Equipping and Furnishing of Health Facilities 3,434 Coiste an Asgard (Grant-in-Aid) 1,036 — — — — — — — 35. Arts, Sport and Tourism C.1 C.4 D.7 Subtotal: 36. Defence Y. 39. Health and Children B.2 40. Health Service Executive B.11 C.2 Subtotal: Grand Total:

441 Questions— 8 December 2009. Written Answers 891 269 000 8,618 1,175 \ 39,063 90,383 36,728 74,381 11,548 100 000 — — — — — — — — 2,445 2,445 \ 17,012 17,012 000 — — ——— \ 69 848 891 254 269 000 7,730 8,618 1,134 1,175 3,352 4,354 100 4,454 \ 36,190 39,063 87,748 90,283 33,885 36,728 70,396 74,381 14,000 11,548 000 — — — — — — — — — — — 2,240 2,240 \ 11,948 11,948 000 — — 3,717 19,458 23,175 3,862 26,565 30,427 \ 36,190 87,748 Current Capital Total Current Capital Total Appendix 1: EXPENDITURE PART-FUNDED BY THE NATIONAL LOTTERY * Vote/Subhead 2005 Provisional Outturn 2006 Estimate — — — Educational Organisations Grants to Colleges providing coursesGrant-in-aid in Fund Irish for general expenses of Cultural, Scientific and 254 1,134 Grants for Community and Voluntary Programmes 14,000 Organisations other expenditure in relation to youth activities Task Force on Special HousingCommunal Aid Facilities for in the Voluntary Elderly HousingGrant Schemes for An Chomhairle Oidhreachta (Heritage Council)Grant-in-aid Fund for general expenses of Adult EducationGrant-in-aid Fund for general expenses of Youth 3,717 Organisations and 5,270 33,885 848 8,987 3,862 7,108 10,970 Local and Community Development Programmes 70,396 Payments to Ciste na Gaeilge 3,352 Payments to the Promoters of certain Charitable Lotteries 7,730 — — — — — — — — — Publications in Irish 69 — — 6. Office of the MinisterL. for Finance 25. Environment, Heritage and LocalB.3 Government B.4 E.1 Subtotal: 26. Education and Science. B.1 B.9 B.10 B.14 — Subtotal: 27. Community, Rural and GaeltachtC. Affairs K.1 L.1 Subtotal:

442 Questions— 8 December 2009. Written Answers 749 000 3,815 7,193 \ 40,914 000 — — — — 2,539 2,539 \ 62,724 62,724 000 — — \ continued — 000 1,1233,722 749 7,018 3,815 7,193 \ 34,425 40,914 000 — — — — 2,539 2,539 \ 56,782 56,782 000 — — 7,018 2,539 9,557 7,193 2,539 9,732 \ 97,070 60,370 157,440 109,554 66,394 175,948 244,318 82,367 326,685 263,137 95,598 358,735 Current Capital Total Current Capital Total 210.5 million from the National Lottery; the balance was funded by the Exchequer. In 2006, estimated \ 200 million from the National Lottery and the balance by the Exchequer. \ Appendix 1: EXPENDITURE PART-FUNDED BY THE NATIONAL LOTTERY * Vote/Subhead 2005 Provisional Outturn 2006 Estimate on (Grant-in-Aid) 62,645 3,588 66,233 68,640 3,670 72,310 í 326.685 million in 2005 was financed by \ 358.735 million will be financed by \ — Grants to Health Agencies and other similar organisations 7,018 An Chomhairle Eala facilities Grants for sporting bodies and the provision of sportsIrish and Sports recreational Council (Grant-in-Aid)Grants to Health Agencies and other similar organisationsBuilding, Equipping and Furnishing of Health Facilities 34,425 3,722 Coiste an Asgard (Grant-in-Aid) 1,123 — — — — — — — 35. Arts, Sport and Tourism C.1 C.3 D.7 36. Defence Y. 39. Health and Children B.2 40. Health Service Executive B.11 C.2 Subtotal: The total expenditure of total expenditure of

443 Questions— 8 December 2009. Written Answers 959 235 000 8,618 1,256 \ 46,183 43,733 26,047 83,450 114,862 000 — — — — — — — — 2,700 2,700 1,000 \ 66,221 66,221 000 — — \ 929 959 230 235 000 8,618 8,618 1,178 1,256 \ 44,954 46,183 42,617 43,733 18,500 26,047 82,869 83,450 105,641 113,862 214 000 — — — — — — — — 2,624 2,624 \ 63,011 63,011 000 — — 3,862 71,161 75,023 4,485 76,236 80,721 \ 44,954 105,427 Current Capital Total Current Capital Total Appendix 1: EXPENDITURE PART-FUNDED BY THE NATIONAL LOTTERY* Vote/Subhead 2006 Provisional Outturn 2007 Estimate Communal Facilities in Voluntary Co-Operative Housing Schemes Private Housing Grants — — — Educational Organisations Grants to Colleges providing coursesGrant-in-aid in Fund Irish for general expenses of Cultural, Scientific and 230 1,178 Grants for Community and Voluntary Programmes 82,869 Organisations other expenditure in relation to youth activities Grant for An Chomhairle Oidhreachta (Heritage Council)Grant-in-aid Fund for general expenses of Adult EducationGrant-in-aid Fund for general expenses of Youth 3,862 Organisations and 5,526 42,617 929 9,388 4,485 7,315 11,800 Local and Community Development Programmes 4,058 214 4,272 4,365 1,000 5,365 — Payments to Ciste na Gaeilge 18,500 Payments to the Promoters of certain Charitable Lotteries 8,618 — — — — — — — — — — 6. Office of the MinisterL. for Finance 25. Environment, Heritage and LocalB.1.14 Government B.2.4 E.1 Subtotal: 26. Education and Science. B.1 B.9 B.10 B.14 Subtotal: 27. Community, Rural and GaeltachtC. Affairs K.1 L.1 Subtotal:

444 Questions— 8 December 2009. Written Answers 803 000 3,985 7,513 \ 57,631 10,052 000 — — — — 2,539 2,539 \ 56,000 56,000 000 — — \ continued — 879 803 000 3,9017,702 3,985 7,513 \ 54,025 57,631 000 — — — — 2,539 2,539 \ 49,882 49,882 000 — — 7,702 2,539 10,241 7,513 2,539 \ 131,025 55,882 186,907 134,733 61,000306,368 195,733 129,796 436,164 320,182 140,775 460,957 Current Capital Total Current Capital Total 200 million from the National Lottery; the remainder was funded by the Exchequer. In 2007, estimated \ 205 million from the National Lottery and the remainder by the Exchequer. \ Appendix 1: EXPENDITURE PART-FUNDED BY THE NATIONAL LOTTERY * Vote/Subhead 2006 Provisional Outturn 2007 Estimate on (Grant-in-Aid) 77,000 6,000 83,000 77,102 5,000 82,102 í 399,122 million in 2006 was financed by \ 444.825 million will be financed by \ — — Grants to Health Agencies and other similar organisations 7,702 An Chomhairle Eala facilities Grants for sporting bodies and the provision of sportsIrish and Sports recreational Council (Grant-in-Aid)Grants to Health Agencies and other similar organisationsBuilding, Equipping and Furnishing of Health Facilities 54,025 3,901 Coiste an Asgard (Grant-in-Aid) 879 — — — — — — — — total expenditure of 35. Arts, Sport and Tourism C.1 C.3 D.7 Subtotal: 36. Defence Y. 39. Health and Children B.2 40. Health Service Executive B.11 C.2 Subtotal: Total: *The total expenditure of

445 Questions— 8 December 2009. Written Answers 67,342 67,342 69,221 69,221 PROV OUTTURN 2007 REV 2008 551 67,342 67,893 5,000 69,221 74,221 8,618 0 8,618 8,618 0 8,618 44,954 44,954 46,183 46,183 105,427 214 105,641 113,862 1,000 114,862 Current Capital Total Current Capital Total COURSES IN IRISH (NAT 1,178 1,178 1,256 1,256 — POBAIL, TUAITHE AGUS 331,431 119,605 451,036 372,594 136,000 508,594 Í THA Ó — — — — LOTTERY) LOTTERY) GRANTS TO COLLEGES G-I-A FOR GEN EXP OF SCIENTIFIC & EDUC ORGS (NAT 230 230 235 235 ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT 863,444 1,983,435EDUCATION AND SCIENCE (NET) 2,846,879 950,739 2,232,931 3,183,670 AN ROINN GN 7,666,427 811,152 8,477,579 8,246,852 806,600 9,053,452 (NET) GAELTACHTA (NET) LOTTERY) PROGRAMMES (NAT LOTT) (NAT LOTT) G-I-A FOR GEN EXP OF ADULT EDUCATION (NATG-I-A FOR GEN EXPS OF YOUTH ORGS (NAT LOTTERY) 42,617 929GRANTS FOR COMMUNITY AND VOLUNTARYLOCAL AND COMMUNITY DEVELOPMENT PROGRAMMES 42,617 82,869 929 43,733 18,500 959 82,869 43,733 18,500 83,450 959 26,047 83,450 26,047 CISTE NA GAEILGE (NAT LOTT) 4,058 214 4,272 4,365 1,000 5,365 DEPARTMENT OF FINANCE (NET) 82,717 4,669 87,386 80,165 7,565 87,730 PAYMENTS TO THE PROMOTERS OF CERTAIN CHARITABLE 8,618 8,618 8,618 8,618 LOTTERIES — — — — — — — — — — — — V6 K Total V6: V25 13. Sustainable Communities Fund4. Private Housing Grants Total V25: V26 B.1 B.9 B.10 B.14 Total V26: V27 B.1 551B.3 F.1 Total V27: 551 5,000 5,000

446 Questions— 8 December 2009. Written Answers PROV OUTTURN 2007 REV 2008 879 0 879 803 0 803 3,901 07,702 3,901 2,539 3,985 10,241 0 7,513 3,985 2,539 10,052 303,057 125,977 429,034 320,697 133,760 454,457 131,025 55,882 186,907 134,733 61,000 195,733 Current Capital Total Current Capital Total PART NAT LOTT (GIA) 77,000 6,000 83,000 77,102 5,000 82,102 — ON Í — — — — — GRANT TO HEALTH AGENCIES (NAT LOTTERY) 7,702 7,702 7,513 7,513 ARTS, SPORT AND TOURISM (NET)DEFENCE (NET)HEALTH 399,266 AND CHILDREN (NET) 222,749 622,015HEALTH SERVICE EXECUTIVE (NET) 424,542 275,620 700,162 403,435 766,411 30,839 10,936,114 26,653 434,274 517,781 793,064 508,832 11,453,895 845,011 11,743,325 20,450 30,100 586,720 529,282 12,330,045 875,111 AN CHOMHAIRLE EALA LOTT(G-I-A) LOTTERY) GRANTS FOR SPORTING BODIES (NATIRISH LOTT) SPORTS COUNCIL ADMIN (PART FUNDED BY NAT 54,025GRANTS TO HEALTH AGENCIES & OTHER ORGS (NAT 49,882 54,025 49,882 57,631 3,901BUILDING AND EQUIPMENT (NAT LOTTERY) 56,000 57,631 3,901 56,000 3,985 2,539 2,539 3,985 2,539 2,539 COISTE AN ASGARD (GRANT-IN-AID) (NATIONAL LOTTERY) 879 879 803 803 — — — — — — — — — — — V35 C.1 C.3 D.7 Total V35: V36 Y Total V36: V39 B.2 Total V39: Grand Total: V40 B.11 C.2 Total V40:

447 Questions— 8 December 2009. Written Answers 959 235 000 8,618 1,256 \ 46,183 43,733 26,047 83,450 114,862 000 — — — — — — — — 3,000 3,000 1,000 \ 000 — \ 929 959 230 235 000 8,618 8,618 1,178 1,256 \ 44,954 46,183 42,617 43,733 18,50082,869 26,047 83,450 105,641 113,862 214 000 — — — — — — — — 1,922 1,922 \ 67,342 67,342 69,221 69,221 000 — — 4,485 78,315 82,800 5,529 80,095 85,624 \ 44,954 105,427 Current Capital Total Current Capital Total Appendix 1: EXPENDITURE PART-FUNDED BY THE NATIONAL LOTTERY* Vote/Subhead 2007 Provisional Outturn 2008 Estimate Communal Facilities in Voluntary Co-Operative Housing Schemes Private Housing Grants — — — Educational Organisations Grants to Colleges providing coursesGrant-in-aid in Fund Irish for general expenses of Cultural, Scientific and 230 1,178 Grant for An Chomhairle Oidhreachta (Heritage Council) 4,485 9,051 13,536 5,529 7,874 13,403 Organisations other expenditure in relation to youth activities Grant-in-aid Fund for general expenses of Adult EducationGrant-in-aid Fund for general expenses of Youth Organisations and 42,617 929 Supports for Community and VoluntaryLocal Sector and Community Development Programmes 18,500 82,869 — Payments to Ciste na Gaeilge 4,058 214 4,272 4,365 1,000 5,365 Payments to the Promoters of certain Charitable Lotteries 8,618 — — — — — — — — — — 6. Office of the MinisterK. for Finance 25. Environment, Heritage and LocalB.1.14 Government B.2.4 G.1 Subtotal: 26. Education and Science. B.1 B.9 B.10 B.14 Subtotal: 27. Community, Rural and GaeltachtB.1 Affairs B.3 F.1 Subtotal:

448 Questions— 8 December 2009. Written Answers 803 000 3,985 7,513 \ 57,631 10,052 000 — — — — 2,539 2,539 \ 56,000 56,000 000 — — \ continued — 879 803 000 3,9017,702 3,985 7,513 \ 54,025 57,631 000 — — — — 2,539 2,539 \ 49,882 49,882 000 — — 7,702 2,539 10,241 7,513 2,539 \ 131,025 55,882 186,907 134,733 61,000306,991 195,733 136,950 443,941 321,226 144,634 465,860 Current Capital Total Current Capital Total 230 million from the National Lottery; the remainder was funded by the Exchequer. In 2008, estimated \ 250 million from the National Lottery and the remainder by the Exchequer. \ Appendix 1: EXPENDITURE PART-FUNDED BY THE NATIONAL LOTTERY* Vote/Subhead 2007 Provisional Outturn 2008 Estimate on (Grant-in-Aid) 77,000 6,000 83,000 77,102 5,000 82,102 í 443.941 million in 2007 was financed by \ 465.860 million will be financed by \ — — Grants to Health Agencies and other similar organisations 7,702 An Chomhairle Eala facilities Grants for sporting bodies and the provision of sportsIrish and Sports recreational Council (Grant-in-Aid) .Grants to Health Agencies and other similar organisationsBuilding, Equipping and Furnishing of Health Facilities 54,025 3,901 Coiste an Asgard (Grant-in-Aid) 879 — — — — — — — — total expenditure of 35. Arts, Sport and Tourism C.1 C.3 D.7 Subtotal: 36. Defence Y. 39. Health and Children B.2 40. Health Service Executive B.11 C.2 Subtotal: Total: *The total expenditure of

449 Questions— 8 December 2009. Written Answers n á 959 235 000 1,256 8,618 \ 46,183 43,733 26,047 83,450 n á 000 — — — — — — — — 3,000 3,000 \ 69,221 69,221 000 — — \ NTA* Ú ISI Á n Reatha Caipitil Ioml á 929 959 230 235 000 1,178 1,256 8,618 8,618 \ 44,954 46,183 42,617 43,733 18,50082,869 26,047 83,450 000 — — — — — — — — 1,922 1,922 \ 67,342 67,342 AG AN gCRANNCHUR N Ú 929 000 — 4,485 78,315 82,800 5,529 80,095 85,624 \ 44,954 42,617 Reatha Caipitil Ioml 105,427 214 105,641 113,862 1,000 114,862 í í IRTMHAOINI Á ochta ochta í í lta 230 lta Eagra á á ige irithe 8,618 Á ochta Deonacha agus íÓ í i nGaeilge 1,178 í ochta í rsa il ú ú omha iti í rcheann 2007 Caiteachas Sealadach 2008 Meastach í n 1: CAITEACHAS ARNA PH imeanna Tith Á í é í— ochta agus Oideachais id í á Aguis obh ta/Fo-mh Crannchur Carthanach í ó a Thughann C í í ir V la agus Pobail 82,869 ó ú ist á iti l ocht í ó il Phobail agus Dheonach 18,500 Á ochta Pr Pobail, Tuaithe agus Gaeltachta á í í , Culturtha Eola í comhchoiteanna i Sc tha le Tionscn í ó í id ochta á í don Earn í ocht le Ciste na Gaeilge 4,058 214 4,272 4,365 1,000 5,365 í ochta ir Forbartha í Comharchumainn Saor á n n n ige agus Costas eile maidir le Gn Deontais Tith Eagra Deontais do Ch Ciste Deontas-i-gCabhair le hAghaidh Costas Gineare á á á oca Deontas don Chomhairle Oidhreachta 4,485 9,051 13,536 5,529 7,874 13,403 Ó Oideachas Aosaigh Ciste Deontas-i-gCabhair le hAghaidh Costas Gineare Ciste Deontas-i-gCabhair le hAghaidh Costas Ginearealta Eagra Taca Cl — oca — — — — — — — — —Í —Í 6. Oifig an Aire Airgeadas L. 25. Comhshaol, Oidhreacht agus Rialtas B.1.14 B.2.4 G.1 Fo-Ioml 26. Oideachas agus Eola B.1 B.9 B.10 B.14 Fo-Ioml 27. An Roinn Gn B.1 B.3 F.1 Fo-Ioml

450 Questions— 8 December 2009. Written Answers n á 803 000 3,985 7,513 \ 57,631 n á 000 — — — — 2,539 2,539 \ 56,000 56,000 tchiste. In 2006, maoineofar an á 000 — — ar leanainn \ — tchiste. In 2008, maoineofar an caiteachas á id as an St é NTA* n Reatha Caipitil Ioml Ú á 879 803 id as an St ISI 000 é 3,901 3,985 7,702 7,513 tchiste. \ 54,025 57,631 Á á odh an t-iarmh í tchiste. id as an St á é odh an t-iarmh 000 — — — — 2,539 2,539 í \ 49,882 49,882 nta; maoin ú isi id as an St á é nta; maoin ú isi 000 — — AG AN gCRANNCHUR N á 7,702 2,539 10,241 7,513 2,539 10,052 \ Reatha Caipitil Ioml 306,991 136,950 443,941 321,226 144,634 465,860 131,025 55,882 186,907 134,733 61,000 195,733 Ú nta agus an t-iarmh ú isi á il 7,702 il 3,901 ú n gCrannchur N ú ó n nta agus an t-iarmh ú ú n gCrannchur N isi ó eile cos IRTMHAOINI 200 million from the National Lottery; the remainder was funded by the Exchequer. In 2007, estimated á eile cos í n \ Á í ú n gCrannchur N ochta í ó 210.5 milli ochta í 205 million from the National Lottery and the remainder by the Exchequer. \ n \ ú 230 milli \ eagra ’ eagra nle ’ ú nle n gCrannchur N ú ó inte 200 milli á n \ irt agus ú Sl ó n, í inte agus d ú id Sp inte agus d á á í á rcheann 2007 Caiteachas Sealadach 2008 Meastach í Sl 326.685 milli Sl í \ í 250 milli 443.941 milli Saor \ \ inte ú á n, n 1: CAITEACHAS ARNA PH ú í ta/Fo-mh ireacht 358.735 milli ireann (Deontas-i-gCabhair) 54,025 ó ó se Sl \ í É V on (Deontas-i-gCabhair) 77,000 6,000 83,000 77,102 5,000 82,102 í 399,122 million in 2006 was financed by Aguis omhaireachta \ í nde agus Feisti omhaireachta í á ú 444.825 million will be financed by irt agus Caitheamh Aimsire í irt na h \ ó ó 465.860 milli \ rt agus Turas odh an caiteachas de ó í odh an caiteachas de í nde á il, Trealmh á iseanna Sp g n n Á ona, Sp ó leo Deontais do Ghn í á á — An Chomhairle Eala leo Deontais le hAghaidh Comhlachta Comhairle Sp Deontais do Ghn T inte agus Leana Coiste an Asgard (Deontas-i-gCabhair) 879 n: á — á — thar — — — — á — measta ioml caiteachas measta ioml total expenditure of *In 2005 maoin 35. Eala C.1 Sol C.3 D.7 Fo-Ioml 36. Cosaint Y. 39. Sl B.2 40. Feidhmeannacht na Seirbh B.11 C.2 Fo-Ioml Ioml *In 2007 maoin *The total expenditure of

451 Questions— 8 December 2009. Written Answers

Fiscal Policy. 162. Deputy Richard Bruton asked the Minister for Finance the estimate increased revenues from applying a 2% health levy on incomes between \230 and \500 per week; and if he will make a statement on the matter. [45288/09]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the yield to the Exchequer from applying a 2% health levy on incomes between \230 and \500 is estimated at \195 million in 2010 and \270 million in a full year. The figures are estimates from the Revenue tax-forecasting model using actual data for the year 2007 adjusted as necessary for income and employment trends for the year 2010. They are therefore provisional and likely to be revised.

Tax Code. 163. Deputy Richard Bruton asked the Minister for Finance the effect a carbon tax would have on the cost of a number of goods (details supplied), in absolute terms and in percentage terms; the revenue that would be collected; the cost of excluding farm diesel from the carbon tax; the cost of excluding solid fuels for home heating from the carbon tax; and if he will make a statement on the matter. [45314/09]

165. Deputy Richard Bruton asked the Minister for Finance the revenue that would be raised by a carbon tax (details supplied); and if he will make a statement on the matter. [45356/09]

Minister for Finance (Deputy Brian Lenihan): I propose to take Question Nos. 163 and 165 together. The estimated impact of a carbon tax, inclusive of VAT, on the products referred to are set out in the table below. In addition the table includes the estimated full year revenues from a carbon tax at the rates requested, along with a cost of excluding certain products. It should be noted that it is assumed that those companies covered by the European Emissions Trading Scheme are exempted from the carbon tax.

Carbon Tax at \15 \20 \25

\m \m \m Estimated Yield 330 440 550 Est. cost to exclude farm diesel 12.5 16.5 20.5 Est cost to exclude solid fuels 21.0 28.0 35.0

\15 per tonne \20 per tonne \25 per tonne

Fuel Type Unit Price Carbon % price Carbon % price Carbon % price tax + increase tax + increase tax + increase VAT VAT VAT

\ Cents Cents Cents

Petrol litre 1.189 4.2 3.5% 5.6 0.5% 7.0 5.9% Auto-diesel litre 1.099 4.9 4.4% 6.5 5.9% 8.1 7.4% Marked Gas Oil litre 0.540 4.9 8.7% 6.3 11.6% 7.8 14.5%

452 Questions— 8 December 2009. Written Answers

\20 per tonne

Fuel Type Unit Price Carbon tax + VAT % price increase

Petrol litre 1.189 0.056 4.7% Auto-diesel litre 1.099 0.065 5.9% Marked Gas Oil k/litre 539.3 62.487 11.6%

\25 per tonne

Fuel Type Unit Price Carbon tax + VAT % price increase

Petrol litre 1.189 0.0700 5.9% Auto-diesel litre 1.099 0.0810 7.4% Marked Gas Oil k/litre 539.3 78.1093 14.5%

\15 per tonne

Fuel Type Unit Price Carbon tax per Carbon tax + % price increase unit VAT

Petrol litre 1.189 0.034 0.042 3.5% Auto-diesel litre 1.099 0.040 0.049 4.4% Marked Gas Oil k/litre 539.3 41.291 46.866 8.7%

\20 per tonne

Fuel Type Unit Price Carbon tax per Carbon tax + % price increase unit VAT

Petrol litre 1.189 0.046 0.056 4.7% Auto-diesel litre 1.099 0.053 0.065 5.9% Marked Gas Oil k/litre 539.3 55.055 62.487 11.6%

\25 per tonne

Fuel Type Unit Price Carbon tax per Carbon tax + % price increase unit VAT

Petrol litre 1.189 0.0570 0.0700 5.9% Auto-diesel litre 1.099 0.0670 0.0810 7.4% Marked Gas Oil k/litre 539.300 68.8188 78.1093 14.5%

453 Questions— 8 December 2009. Written Answers

[Deputy Brian Lenihan.]

\15 per tonne \20 per tonne \25 per tonne

Fuel Type Unit Current Carbon % price Carbon % price Carbon % price Price tax (VAT increase tax (VAT increase tax (VAT increase incl.) incl.) incl.)

\ Cents Cents Cents

Petrol litre 1.19 4.2 3.5% 5.6 4.7% 7.0 5.9% Auto-diesel litre 1.10 4.9 4.4% 6.5 5.9% 8.1 7.4% Marked Gas Oil litre 0.54 4.7 8.7% 6.3 11.6% 7.8 14.5%

Est. Yield \330.0m \440.0m \550.0m Est. cost of excluding farm diesel \12.5m \16.5m \20.5m Est. cost of excluding solid fuel \21.0m \28.0m \35.0m

Departmental Staff. 164. Deputy Eamon Gilmore asked the Minister for Finance the number of staff who received financial assistance to pursue courses in further or higher education in each of the past five years; the number of such staff who were subsequently re-assigned to duties appropriate to their new qualifications. [45324/09]

Minister for Finance (Deputy Brian Lenihan): The number of staff in my Department who received financial assistance to pursue courses in further or higher education in each of the past five academic years is as follows: 2005/2006 — 39; 2006/2007 — 35; 2007/2008 — 20; 2008/2009 — 27. With regard to the current academic year, 2009/2010, a total of 33 staff are being supported to pursue academic courses. The Department’s Post-Entry Education Scheme is actively promoted and supported to ensure that staff have the necessary skills and expertise to enable the Department to meet its strategic business objectives and to encourage a continuous learning culture in the Department. Financial support is given to staff pursuing academic courses which reflect the particular skills and qualifications required primarily within the Department, including economics, policy analysis and finance.

Question No. 165 answered with Question No. 163.

Flood Relief. 166. Deputy Michael Noonan asked the Minister for Finance the works planned by the Office of Public Works to prevent flooding at Castleconnell and Montpelier, County Limerick; and if he will make a statement on the matter. [45411/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): Under a scheme introduced during the Summer, the Office of Public Works invited Local Authorities to apply for funding for localised minor flood mitigation works, subject to specific economic and environmental criteria. The OPW understands that an application will be made by Limerick County Council under this scheme for funding for works to address the flood problems at Castleconnell and Montpelier.

167. Deputy Michael Noonan asked the Minister for Finance the works being carried out at Shannon Banks, Corbally, Limerick to prevent further flooding of the River Shannon; the 454 Questions— 8 December 2009. Written Answers estimated cost of these works; when construction will conclude; and if he will make a statement on the matter. [45412/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The Office of Public Works constructed an embankment at Shannon Banks, Corbally, Co. Limerick as an emergency response measure, following consultation with an inter-agency group set up by Clare Council to co-ordinate the response to flooding in the region. The work was carried out by OPW’s own workforce. Given the extreme urgency involved, the full cost of the works has not yet been established. If it is decided by the Council that the embankment should remain in place for the longer term, some realignment of it away from residential property, and some landscaping and path restoration works, may be required. Tidal valves might also need to be installed to surface water outfalls. These works, if required, would be undertaken in 2010.

168. Deputy Michael Noonan asked the Minister for Finance the works being planned by the Office of Public Works to prevent flooding at Westbury in County Limerick; and if he will make a statement on the matter. [45413/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): Following previous flooding at Westbury, County Limerick, an embankment and pump installation were constructed by the developers of the estate to protect it. The estate was not flooded during the recent heavy flooding in the Shannon area. The Office of Public Works understands that the estate has not yet been taken in charge by the Local Authority involved, Clare County Council. In the circumstances, OPW has no plans to carry out flood mitigation works at the estate at present. However, the OPW will continue to monitor the situation, in conjunction with the Council.

Banking Sector Regulation. 169. Deputy Richard Bruton asked the Minister for Finance if he has requested a report from the board of Anglo Irish Bank into the alleged sale of a substantial property portfolio by the bank to a property company (details supplied) without a fair opportunity for others to bid, and on terms that leave the bank with considerable exposures; and if he will make a statement on the matter. [45445/09]

Minister for Finance (Deputy Brian Lenihan): As the Deputy will be aware, Anglo Irish Bank is run on an arms length commercial basis. Consequently, decisions which relate to the normal business of the bank are a matter for the Board of Anglo, and the Board is responsible for making such decisions in the best commercial interests of the Bank. The bank has advised me that the asset sale referred to by the Deputy is being considered in the best overall commercial interests of the bank, and that the process being followed in the transaction is appropriate to the structure of the bank’s asset holding, which involves a number of parties. The bank has confirmed that its approach in considering the sale is in line with legal and regulatory requirements for such transactions. As with all financial institutions, Anglo’s dealings with its customers are subject to the normal provisions on client confidentiality, and it would therefore not be appropriate for me to comment in any greater detail on the client relationship referred to by the Deputy.

National Asset Management Agency. 170. Deputy Andrew Doyle asked the Minister for Finance the policy he will implement

455 Questions— 8 December 2009. Written Answers

[Deputy Andrew Doyle.] regarding the management of derivative financial instruments to be taken on by the National Asset Management Agency; and if he will make a statement on the matter. [45446/09]

Minister for Finance (Deputy Brian Lenihan): In relation to the \77 billion loan portfolio projected to transfer to NAMA, the NTMA have indicated that the estimated total notional value of financial derivatives attached is \15 billion. These derivatives are typically interest rate swaps or equivalent instruments designed to hedge interest rate payments and the notional value refers to the underlying assets to which the derivatives are related — the details are set out in Table 3, page 9 of the draft NAMA Business Plan published in October. These derivatives are an integral part of the loan portfolio and are not additional to this amount. The management of these financial derivative instruments is an operational matter for NAMA. I understand however, that it is anticipated that in most cases the management of these derivatives will be undertaken by the originating financial institutions as an integral part of the loan management process which will be overseen by NAMA.

Departmental Reports. 171. Deputy Michael Ring asked the Minister for Finance the reason conflicting replies (details supplied) were given regarding an ecologist’s report; the further reason incorrect information was provided in the reply dated 3 November 2009; and if he will make a statement on the matter. [45511/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The reply to the Deputy’s Question of 3 November coincided unexpectedly with the receipt by the Office of Public Works of the ecologist’s report. The OPW were, therefore, in a position to submit the report to the National Parks and Wildlife Service sooner than had been anticipated in that reply.

Pension Provisions. 172. Deputy Richard Bruton asked the Minister for Finance if his attention has been drawn to the fact that the tax treatment of a personal retirement savings account pension contribution is less favourable than a standard pension contribution in respect of the application of certain levies; and his views on providing an amendment to offer a level playing field. [45687/09]

Minister for Finance (Deputy Brian Lenihan): The position is that the income levy applies to all emoluments of an employment, including anything treated as a taxable benefit-in-kind. Income levy is applied to aggregate income before granting relief in respect of losses, capital allowances or pension contributions. In this regard an individual’s personal contributions to a personal retirement savings account (PRSA), personal pension contribution, additional voluntary contribution or a retirement annuity contribution is disregarded for the purposes of determining the income levy that an individual must pay. In addition, an employer contribution to a personal retirement savings account (PRSA) is chargeable to income tax in the hands of the employee as a benefit-in-kind under section 118 of the Taxes Consolidation Act 1997. As the income levy treatment follows the income tax treatment, the employer’s contribution to the personal retirement savings account will also be subject to the income levy. Section 778 of the Taxes Consolidation Act 1997, provides that an employer contribution made to an approved retirement benefit scheme or a statutory scheme is not treated as a benefit-in-kind for income tax purposes. Again, as the income levy treatment follows the

456 Questions— 8 December 2009. Written Answers income levy treatment, any employer’s contribution to such schemes will not be subject to income levy. I should point out that it is a longstanding practice of the Minister for Finance not to comment in advance of the Budget on any tax or expenditure matters that might be the subject of Budget decisions.

Tax Collection. 173. Deputy Joe Costello asked the Minister for Finance the reason for the delay in refunding deposit interest retention tax in respect of a person (details supplied) in Dublin 3; and if he will make a statement on the matter. [45794/09]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that the claims totalling \862.81 for Deposit Interest Retention Tax (DIRT) which were submitted by the person in question on the 20th and 25th of August 09 were refunded at the end of August. However, inadvertently, additional claims of \122.47, which were submitted on the 9th of September, were not dealt with. These claims have now been processed and refunds will issue shortly. The Revenue Commissioners wish to apologise for any inconvenience caused by this delay.

Tax Code. 174. Deputy Joe Carey asked the Minister for Finance if he will he consider introducing a tax deductible scheme in respect of the installation of flood proof doors for business premises in towns and cities affected by the recent flooding; and if he will make a statement on the matter. [45856/09]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that expenditure on the provision of flood-proof doors for a business premises would be regarded as capital expenditure on the provision of a fixed asset and not as an expense incurred in the day-to-day running of a business. While many revenue-type (i.e. non-capital) expenses are generally deductible for tax purposes, capital expenses are only deductible in certain circumstances. Capital expenses, known as capital allowances, are given, firstly, in respect of items that would be regarded as ‘plant or machinery’ and secondly, in respect of expenditure incurred on a particular type of building. As a door would typically not be regarded as an item of plant or machinery but rather as part of a building, expenditure on the provision of a flood-proof door would only qualify for capital allowances if it formed part of a qualifying building. Not all buildings that are used for business purposes qualify for capital allowances. Some examples of the more common qualifying buildings are factories, hotels and cre`ches. However, capital allowances are not available in respect of expenditure on buildings such as shops, showrooms and offices. I have no plans at this time to change the current arrangements.

Tax Collection. 175. Deputy Joan Burton asked the Minister for Finance further to Parliamentary Question No. 127 of 1 December 2009, the total tax paid; the median tax paid; the mean tax paid and the standard deviation of tax paid for each quartile in the bracket over \100,000 for each of the sector categories. [45857/09]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the most recently completed historical data available on incomes is in respect of the income

457 Questions— 8 December 2009. Written Answers

[Deputy Brian Lenihan.] tax year 2007. On this basis the information requested in relation to income earners earning over \100,000 by reference to income quartiles is set out in the tables. To assemble the figures by income quartile, the total number of income earners with earnings over \100,000 on the income tax record for 2007 was broken down into 4 equal groups in each sector and distributed over 4 income ranges in ascending order of income. The figures for amount of tax, median tax, mean tax and the standard deviation were then established for each quartile group as appropriate.

Private Sector Employees

Numbers Amount of Tax Mean Tax Median Tax Standard Deviation \\\\

Quartile 1 7,879 190,760,134 24,211 22,557 5,092 Quartile 2 7,878 225,561,166 28,632 27,497 5,423 Quartile 3 7,880 284,727,035 36,133 35,969 6,634 Quartile 4 7,879 565,662,921 69,407 57,064 62,449

31,516 1,266,711,256 39,596 32,647 36,251

Public Sector Employees

Numbers Amount of Tax Mean Tax Median Tax Standard Deviation

\\\\

Quartile 1 3,819 86,087,424 22,542 21,286 4,303 Quartile 2 3,820 98,109,490 25,683 24,776 4,102 Quartile 3 3,820 118,368,197 30.986 30,219 4,748 Quartile 4 3,819 176,791,487 46,293 42,168 27,252

15,278 479,356,598 31,376 28,575 16,833

Non-PAYE

Numbers Amount of Tax Mean Tax Median Tax Standard Deviation

\\\\

Quartile 1 17,700 369,272,126 20,863 21,705 7,604 Quartile 2 17,700 501,563,123 28,337 29,783 10,017 Quartile 3 17,701 764,733,090 43,203 44,827 16,364 Quartile 4 17,699 2,376,641,828 134,281 91,851 259,506

70,800 4,012,210,167 56,670 34,133 137,888

A married couple that has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

Tax Code. 176. Deputy Damien English asked the Minister for Finance the consideration he has given 458 Questions— 8 December 2009. Written Answers to reducing the commercial rates applicable to private child care facilities in line with the commercial rates applicable to community child care facilities; and if he will make a statement on the matter. [46013/09]

Minister for Finance (Deputy Brian Lenihan): I should point out that the Commissioner of Valuation is independent in the exercise of his duties under the Valuation Act, 2001 and that I, as Minister for finance, have no function in decisions in this regard. The Valuation Act, 2001, which came into effect on 2 May, 2002, provides that all buildings used or developed for any purpose including constructions affixed thereto are rateable unless expressly exempt under Schedule 4 of the Act. Charitable organisations providing childcare facilities exclusively for charitable purposes and otherwise than for private profit are excluded from liability for commercial rates. However, the Act maintains the long-standing position that commercial facilities, including all private childcare facilities operating for profit such as play schools, pre-schools, cre`ches and Montessori schools, are liable for rates. I have no plans to provide for special treatment of private childcare facilities under the Valuation Act which provides that all buildings used for commercial enterprises are valued in a fair and equitable manner.

Budgetary Submissions. 177. Deputy Fergus O’Dowd asked the Minister for Finance his views on correspondence from a company (details supplied); and if he will make a statement on the matter. [46042/09]

Minister for Finance (Deputy Brian Lenihan): I have received a pre Budget submission from the organisation in question. It is policy to review all pre Budget submissions as part of the budgetary process. I would draw to the Deputy’s attention that it is the usual practice for the Minister for Finance not to speculate or comment in advance of the Budget on what it will contain and I do not propose to deviate from that practice.

Medical Cards. 178. Deputy Paul Kehoe asked the Minister for Health and Children the reason a medical card has been withdrawn in respect of a person (details supplied). [45442/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Child Care Services. 179. Deputy Michael McGrath asked the Minister for Health and Children if her attention has been drawn to the recently launched review of the Glen Early Language and Learning Project in Cork city; if she will make funding available to implement the recommendations of the report; and if she will make a statement on the matter. [45500/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As this is a service matter it has been referred to the HSE for direct reply.

Health Service Staff. 180. Deputy Olwyn Enright asked the Minister for Health and Children the extra staff she has in place to assist community welfare officers in processing the increased applications for mortgage interest supplement; and if she will make a statement on the matter. [45694/09]

459 Questions— 8 December 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

181. Deputy Olwyn Enright asked the Minister for Health and Children the extra staff she has in place to assist community welfare officers in processing the increased applications for supplementary welfare allowance; and if she will make a statement on the matter. [45695/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

182. Deputy Olwyn Enright asked the Minister for Health and Children the extra staff she has in place to assist community welfare officers in processing of applications for assistance by those affected by flooding; and if she will make a statement on the matter. [45696/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Health Service Allowances. 183. Deputy Paul Kehoe asked the Minister for Health and Children when a person (details supplied) will receive a decision on their back to school allowance appeal. [45750/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Cancer Screening Programme. 184. Deputy James Reilly asked the Minister for Health and Children if her attention has been drawn to the negative impact recent changes to the CervicalCheck screening programme are having on women’s access to the service; and if she will make a statement on the matter. [45900/09]

Minister for Health and Children (Deputy Mary Harney): The Deputy may be referring to CervicalCheck’s move on 1 September 2009 to a call-recall system of invitation to screening. This move is in line with best international practice. It will ensure that an effective and efficient approach to cervical screening is maintained and that the essential target uptake of 80 per cent is achieved. In particular, the call-recall system allows CervicalCheck to target women in low- uptake cohorts for participation in screening. In addition to the call-recall system, there is a fast-track opt-in facility for any woman aged 25 to 60 who has not had a smear test in three years or more. Such women can opt-in online, by phone or by post. Over 30,000 letters of invitation have been issued in response to opt-in requests since September. The current waiting time for such an invitation is three weeks. There are additional exemptions to invitation-only screening, including women over the age of 60 who have never had a smear test and women (regardless of age) undergoing colposcopy treatment follow-up. Women who have already availed of a CervicalCheck smear test are now part of an appropriate and organised screening cycle and will be automatically advised by the Programme when their next smear test is due.

Medical Cards. 185. Deputy Michael Ring asked the Minister for Health and Children when a medical card for a person (details supplied) in County Mayo will be renewed by the Health Service Execu- tive; and if she will make a statement on the matter. [45290/09]

460 Questions— 8 December 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

186. Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will receive their updated medical card in view of the fact that they submitted their renewal form and documents by registered post to the Health Service Executive more than a year ago. [45308/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services. 187. Deputy Deirdre Clune asked the Minister for Health and Children if those who are in receipt of carer’s allowance will receive the vaccination against swine flu as a priority; and if she will make a statement on the matter. [45312/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Departmental Staff. 188. Deputy Eamon Gilmore asked the Minister for Health and Children the number of staff who received financial assistance to pursue courses in further or higher education in each of the past five years; the number of such staff who were subsequently re-assigned to duties appropriate to their new qualifications. [45326/09]

Minister for Health and Children (Deputy Mary Harney): One hundred and two of the Department’s staff received financial assistance towards academic courses over the past five years. Staff assignments in the Department take account of all relevant factors, of which academic or other qualifications form only one part. Other relevant considerations include previous experience, the need to broaden experience, particular aptitudes, and the demands arising at any given time across the Department.

Nursing Home Subventions. 189. Deputy Billy Timmins asked the Minister for Health and Children the cap on cost per patient in the new fair deal scheme for long term residents who have means assessed against them in relation to a hospital (details supplied) in County Wicklow; and if she will make a statement on the matter. [45332/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): The cost of long-term nursing home care in Baltinglass District Hospital is \1,640 per week and this, therefore, is the cap on the cost per patient under the Nursing Homes Support Scheme. Individuals who receive State support under the Nursing Homes Support Scheme will contribute up to 80% of their assessable income and 5% of the value of any assets in excess of the asset disregard per annum towards their long-term nursing home care costs. The asset disregard is \36,000 for an individual and \72,000 for a couple. The HSE will pay the balance of the cost of care. Where a person’s assets include land and property, the 5% contribution based on such assets may be deferred and collected at a later date. This is an optional element of the scheme called the Nursing Home Loan. This loan will become repayable after the person’s death or if the person sells/transfers their property (if this occurs before their death).

461 Questions— 8 December 2009. Written Answers

[Deputy Áine Brady.]

A person’s principal residence will only be included in the financial assessment for the first 3 years of their time in care. This is known as the 15% or ‘three year’ cap. It means that a person will pay the 5% contribution based on their principal residence for a maximum of three years regardless of the time they spend in nursing home care. After 3 years, even if a person is still getting long-term nursing home care, they will not pay any further contribution based on the principal residence. This ‘three year’ cap applies regardless of whether a person chooses to opt for the loan or not. In the case of a couple, where one partner remains in the home while the other enters a nursing home, the contribution based on assets is 2.5% per annum and the contribution based on the principal residence is capped at 7.5%. The scheme also encompasses the following important safeguards:

• Nobody will pay more than the actual cost of care.

• Applicants will keep a personal allowance of 20% of their income or 20% of the maximum rate of the State Pension (non-Contributory), whichever is the greater.

• If there is a spouse/partner remaining at home, he/she will be left with 50% of the couple’s income or the maximum rate of the State Pension (non-Contributory), whichever is the greater.

• The first \36,000 of the applicant’s assets, or \72,000 in the case of a couple, will not be counted at all in the financial assessment.

• If there is a partner or certain dependants living in the principal residence, the repayment of contributions may be further deferred for their lifetime.

Mental Health Services. 190. Deputy Richard Bruton asked the Minister for Health and Children the circumstances in which a person who lives in the catchment area of one mental health service can apply for and receive service from a different area; and if she will make a statement on the matter. [45333/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

Inter-Country Adoptions. 191. Deputy Joe Costello asked the Minister for Health and Children when she was informed of irregularities in the activities of a mediation agency (details supplied) which represents couples seeking to adopt Vietnamese children; when she requested the Adoption Board to investigate the mediation agency; the reason she did not request an external body or the Gardaí to conduct the investigation; when she expects the investigation to be completed; and if she will make a statement on the matter. [45346/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): The Office of the Minister for Children and Youth Affairs became aware of concerns around aspects of the operation of the mediation agency in question upon receipt of the ‘draft Final Report’ of the ‘Assessment of the Adoption System in Vietnam’ by International Social Service (ISS) in mid August this year. The Adoption Board were contacted immediately upon receipt of the draft report. The Adoption Board’s role in registering adoption societies, including the mediation agency in question, make it the appropriate body to consider the issues raised. The

462 Questions— 8 December 2009. Written Answers matters under consideration in relation to the agency, along with the wider issue of adoptions from Vietnam are currently being considered in the context of the ISS, and the earlier MoL- ISA, reports.

192. Deputy Joe Costello asked the Minister for Health and Children if she intends to negotiate a new bilateral agreement with Vietnam; the position regarding the future of inter-country adoptions and couples here who are at various stages of inter-country adoption; and if she will make a statement on the matter. [45347/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): The Adoption Bill, 2009, is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future intercountry adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted. The issue of transitional measures for prospective parents who are at a definable stage in the adoption process when the Bill is enacted and who wish to continue to adopt a child from a non-Hague, non-bilateral country, is being examined. Prospective adoptive parents have waited a long time and it is my intention to be as flexible as possible in relation to applicants. I recently received the UNICEF report ‘Adoption from Vietnam: Problems and Challenges’ carried out by the International Social Service (ISS). I discussed the findings of the report yesterday with a number of groups representing persons wishing to adopt from Vietnam. I indicated that the report will be considered by Government and that a decision will be made in the near future with regard to future adoptions from Vietnam.

193. Deputy Joe Costello asked the Minister for Health and Children the agreements between Ireland and other countries for the purpose of inter-country adoptions; and if she will make a statement on the matter. [45348/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): There are currently no bilateral agreements in place between Ireland and other countries for the purpose of intercountry adoptions. The Adoption Bill, 2009, is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future intercountry adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted. The Bill commenced its second stage process in Dail Eireann on the 18th November.

Medical Cards. 194. Deputy Joe Costello asked the Minister for Health and Children the position regarding the case of a person (details supplied) in Dublin 1 who applied for renewal of their medical card in August 2009 and has not been awarded a medical card; if an interim card will be provided in view of the length of time since the application was made; and if she will make a statement on the matter. [45350/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

463 Questions— 8 December 2009. Written Answers

195. Deputy Joe Costello asked the Minister for Health and Children the position regarding an application for renewal of the medical card in respect of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [45357/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Youth Services. 196. Deputy Mary Upton asked the Minister for Health and Children her views on support for Arts for Young People; her further views on the value of the various programmes for the development of children and young people; the role her Department will play in ensuring that appropriate levels of funding will continue to support programmes and projects in the arts for young people; and if she will make a statement on the matter. [45358/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): The arts have a valuable role to play in the lives of young people as a means of expression in the development of the individual. To support the engagement of young people in the arts in Ireland, the Youth Affairs Unit of my Office grant-aids a number of initiatives including the National Youth Arts Programme (NYAP) which it co-funds with the Arts Council and which is delivered by the National Youth Council of Ireland. In 2009, the Youth Affairs Unit provided \69,278 to core work of the Programme. A further one-off grant of \10,000 was also provided in 2009 to the NYAP towards the cost of running an Artist in Residency Programme. In addition, the Youth Affairs Unit provides annual grant-in-aid to the National Association for Youth Drama (NAYD) and the Young Irish Film Makers (YIFM) under its Youth Service Grant Scheme. The NAYD is the development organisation for youth theatre and youth drama in Ireland which supports youth drama in practice. An amount of \131,702 was provided to the organisation in 2009. With regard to the YIFM, \75,600 was provided in 2009 to help it provide access to, and participation in, film making for young people. With regard to funding for 2010, this will be considered in light of the finances available to the Youth Affairs Unit.

Medical Cards. 197. Deputy Ciarán Lynch asked the Minister for Health and Children when an appeal will be decided regarding a medical card in respect of a person (details supplied) in County Cork; and if consideration will be given on the grounds of medical necessity and compassion; and if she will make a statement on the matter. [45373/09]

Minister for Health and Children (Deputy Mary Harney): The demand for medical card appeals has increased significantly during this year. In order to deal with this increased demand, the HSE is committing additional resources to this service. From 24th November 2009 all Appeals Offices will be answering calls from the public during specified times and these will be advertised through the HSE website. In relation to this specific case, this has been referred to the Health Service Executive for direct reply to the Deputy.

Hospital Services. 198. Deputy Denis Naughten asked the Minister for Health and Children when a person (details supplied) in County Westmeath will be called for an MRI; if her attention has been drawn to the fact that a person has to wait in excess of 12 months for an MRI scan; and if she will make a statement on the matter. [45378/09]

464 Questions— 8 December 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Nursing Homes Support Scheme. 199. Deputy Jan O’Sullivan asked the Minister for Health and Children if it is the case that persons who apply for the fair deal scheme who are not in a nursing home will only qualify from the date of the decision rather than the date of application; the assistance that is available to pay for their nursing home care in the interim; the system in place to ensure that there is no undue delay in processing the applications; and if she will make a statement on the matter. [45389/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): The HSE’s Guidelines on the Standardised Implementation of the Nursing Homes Support Scheme, which have been approved by the Minister for Health and Children, state that, subject to overall resources, new entrants to nursing homes will have their financial support paid either from the date that the application was made or from date of admission to the nursing home, whichever is the later. It is not, therefore, the case that applicants will only qualify from date of determination. It is acknowledged that, in the initial months following the introduction of the scheme, the HSE will have to deal with a huge volume of applications from both existing residents and new entrants. However, this should not impact negatively on existing residents due to the safeguards provided within the primary legislation. The legislation provides that applicants to the scheme who were in nursing home care on the date the scheme commenced (27th October 2009) shall have their State support backdated to that date. New entrants shall have their support paid in accordance with the HSE’s Guidelines, as outlined above. The HSE has indicated that the expected timelines for processing applications under the new Nursing Homes Support Scheme and making a determination regarding financial support will vary according to individual circumstances and complexities. However, on average, the following timelines are estimated (assuming that the submitted application is fully and correctly completed): Straightforward State Support Application, 1-2 weeks; Straightforward Nursing Home Loan Application, 3-4 weeks.

Hospital Staff. 200. Deputy Tom Hayes asked the Minister for Health and Children the staffing levels for St. Michael’s unit in Clonmel, County Tipperary; the number of doctors and nurses posts approved for this unit; if all these posts are currently filled; the services provided in this unit; if these services will be retained and expanded; the number of patients that are dealt with as inpatients and outpatients in this unit; her future plans for this unit; and if she will make a statement on the matter. [45402/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

Burial Grounds. 201. Deputy Bernard Allen asked the Minister for Health and Children if she will establish the location of the burial grounds of patients in a former hospital (details supplied) in County Cork particularly those patients who had no relatives to bury them; and if there are records of the burial places. [45424/09]

465 Questions— 8 December 2009. Written Answers

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

National Treatment Purchase Fund. 202. Deputy Róisín Shortall asked the Minister for Health and Children the reason a person (details supplied) in Dublin 11 will have to wait a substantial period for an operation; and in view of the circumstances, if this person will avail of the National Treatment Purchase Fund. [45432/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply. The National Treatment Purchase Fund arranges treatment for patients who have been on a surgical waiting list for more than three months. It is open to the person in question or anyone acting on their behalf to contact the Fund directly in relation to their case.

Health Service Allowances. 203. Deputy James Bannon asked the Minister for Health and Children the reason a child (details supplied) in County Longford has had their domiciliary allowance withdrawn; and if she will make a statement on the matter. [45443/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply to the Deputy.

Nursing Home Support Scheme. 204. Deputy Thomas Byrne asked the Minister for Health and Children if the income and assets of a person wishing to avail of the nursing homes support scheme are taken into account when calculating their contribution to care; if assets that include land and property are taken into consideration; the rules governing contributions based on property assets, where a principal residence has been signed over to other family members. [45460/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): Under the Nursing Homes Support Scheme, individuals will contribute up to 80% of their assessable income and 5% of the value of any assets in excess of the asset disregard per annum towards their long-term nursing home care costs. The asset disregard is \36,000 for an individual and \72,000 for a couple. The HSE will pay the balance of the cost of care. Where a person’s assets include land and property, the 5% contribution based on such assets may be deferred and collected at a later date. This is an optional element of the scheme called the Nursing Home Loan. This loan will become repayable after the person’s death or if the person sells/transfers their property (if this occurs before their death). A person’s principal residence will only be included in the financial assessment for the first 3 years of their time in care. This is known as the 15% or ‘three year’ cap. It means that a person will pay the 5% contribution based on their principal residence for a maximum of three years regardless of the time they spend in nursing home care. After 3 years, even if a person is still getting long-term nursing home care, they will not pay any further contribution based on the principal residence. This ‘three year’ cap applies regardless of whether a person chooses to opt for the loan or not.

466 Questions— 8 December 2009. Written Answers

In the case of a couple, where one partner remains in the home while the other enters a nursing home, the contribution based on assets is 2.5% per annum and the contribution based on the principal residence is capped at 7.5%. The scheme also encompasses the following important safeguards:

• Nobody will pay more than the actual cost of care.

• Applicants will keep a personal allowance of 20% of their income or 20% of the maximum rate of the State Pension (non-Contributory), whichever is the greater.

• If there is a spouse/partner remaining at home, he/she will be left with 50% of the couple’s income or the maximum rate of the State Pension (non-Contributory), whichever is the greater.

• The first \36,000 of the applicant’s assets, or \72,000 in the case of a couple, will not be counted at all in the financial assessment.

• If there is a partner or certain dependants living in the principal residence, the repayment of contributions may be further deferred for their lifetime.

Under the legislation, any income or assets transferred within the five years prior to applying for the scheme are taken into account in the financial assessment. This is not a new concept; the same measure was in place under the subvention scheme. This provision does not affect a person’s right to sell assets for full market value. Rather it is intended to prevent people from depriving themselves of assets for the purposes of the financial assessment. However, the legislation also includes a provision, which only applies to items transferred prior to the 9th October 2008 (i.e. the date of publication of the Bill), that enables people to appeal the inclusion of transferred income/assets in the financial assessment. The applicant may apply to have transferred income/assets excluded from the financial assessment on the basis that their inclusion would cause undue financial hardship to themselves, their spouse/partner or their child under the age of 21. Finally, the Information Booklet on the scheme can be downloaded from the HSE’s website at: http://www.hse.ie/eng/services/Find—a—Service/Older—People—Services/nhss/nhss.html.

Medical Cards. 205. Deputy Michael Ring asked the Minister for Health and Children the outcome of an appeal for a medical card in respect of a person (details supplied) in County Mayo. [45462/09]

206. Deputy Paul Connaughton asked the Minister for Health and Children when a decision will be made on an application for an over 70 years medical card in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [45488/09]

467 Questions— 8 December 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospital Waiting Lists. 207. Deputy John O’Mahony asked the Minister for Health and Children when a patient (details supplied) in County Roscommon will have surgery. [45507/09]

Minister for Health and Children (Deputy Mary Harney): The management of waiting lists generally is a matter for the HSE and the individual hospitals concerned. I have, therefore, referred the Deputy’s question to the Executive for direct reply.

208. Deputy Seán Fleming asked the Minister for Health and Children when a person (details supplied) in County Offaly will be approved for an operation; and if she will make a statement on the matter. [45514/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

209. Deputy John McGuinness asked the Minister for Health and Children the reason for the delay in arranging an appointment at Waterford Regional Hospital in respect of a person (details supplied) in County Kilkenny; and if she will expedite a response. [45515/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Inter-Country Adoptions. 210. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the steps she has taken to clarify the situation of adoption from Vietnam. [40670/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): The Adoption Bill, 2009, is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future intercountry adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted. I recently received the UNICEF report ‘Adoption from Vietnam: Problems and Challenges’ carried out by the International Social Service (ISS). I discussed the findings of the report yesterday with a number of groups representing persons wishing to adopt from Vietnam. I indicated that the report will be considered by Government and that a decision will be made in the near future with regard to future adoptions from Vietnam.

Health Services. 211. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children her plans for an alternative use of a children’s facility (details supplied) in Dublin 20 built in 2000 at a cost of \30 million and condemned to closure by the Health Service Executive. [40672/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As this is a service matter it has been referred to the HSE for direct reply.

468 Questions— 8 December 2009. Written Answers

Health Services. 212. Deputy Denis Naughten asked the Minister for Health and Children the additional supports given to community welfare officers to deal with the increased demand for access to support; and if she will make a statement on the matter. [40637/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Nursing Home Subventions. 213. Deputy Jack Wall asked the Minister for Health and Children the position regarding a fair deal application in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [45679/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

214. Deputy Jack Wall asked the Minister for Health and Children the reason an applicant seeking funding under the fair deal nursing payment and who is successful is not paid retrospec- tively from the date of application but only from the date of the care needs assessment finalisation for which there is no timeframe; and if she will make a statement on the matter. [45680/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): The legislation provides that applicants to the scheme who were in nursing home care on the date the scheme commenced (27th October 2009) shall have their State support backdated to that date. The HSE’s Guidelines on the Standardised Implementation of the Nursing Homes Sup- port Scheme state that, subject to overall resources, people who enter nursing homes after the commencement of the scheme will have their financial support paid either from the date that the application was made or from date of admission to the nursing home, whichever is the later.

Health Service Allowances. 215. Deputy Bernard J. Durkan asked the Minister for Health and Children if travel costs will be recouped in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [45688/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Health Service Staff. 216. Deputy Róisín Shortall asked the Minister for Health and Children the details of the finalised incentivised retirement scheme as it applies to staff in the Health Service Executive and specifically to staff in voluntary hospitals; the eligibility criteria for the scheme; and if there are any restrictions to the scheme. [45692/09]

Minister for Health and Children (Deputy Mary Harney): In his Supplementary Budget Statement of 7 April 2009, the Minister for Finance announced that he would make available three schemes to reduce the number of public sector employees in the wider public sector , one of which was the Incentivised Scheme for Early Retirement. My Department issued a circular (8/2009) on 15 May 2009 to HSE and voluntary hospitals to give effect to this measure.

469 Questions— 8 December 2009. Written Answers

[Deputy Mary Harney.]

The scheme did not apply to grades exempted from the moratorium on recruitment and promotions under the 2009 Employment Control Framework for the Public Health Sector, in order to meet the requirements of integrated health care delivery and, in particular, to address needs in the community in respect of care of the elderly and people with disabilities. Members of all other grades who meet the eligibility criteria had access to this scheme provided the grades/staff groups concerned cooperate with the requirements in relation to redeployment, mobility, skill mix and flexibility which are outlined in the employment control framework: this is designed to allow individuals to avail of this scheme while still protecting services. Because staff who avail of the scheme will not be replaced (save in very exceptional cases), employers must pay particular attention, when considering applications, to the scope that exists within the organisation for reorganising and restructuring work in order to minimise the impact on essential service delivery. Staff cooperation and flexibility in that regard was essential. My Department was informed that the health service trade unions issued a directive instructing their members not to cooperate with redeployment and reassignment requests from management. The unions have stated their opposition to the moratorium on recruitment and promotions as set out in 2009 Employment Control Framework for the Public Health Sector, referred to above. This instruction from the unions severely restricts the ability of management to organise/restructure work practice and contravenes the qualification criteria for these schemes. As a result, the HSE suspended all three schemes in June but continued to accept applications, up to the closing date of 23 October 2009.

Hospital Services. 217. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when a person (details supplied) in Dublin 24 will receive surgery. [45699/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

218. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if her attention has been drawn to the fact that around 10,000 persons will have a stroke here in 2009, over 2,000 will die and thousands will be left disabled; if her further attention has been drawn to the fact that a significant proportion of this death and disability is avoidable; and if she will make a statement on the matter. [45700/09]

219. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if her attention has been drawn to the fact that one in three acute hospitals has a stroke unit and that if all hospitals had a stroke unit that up to 500 lives a year could be saved; the steps she will take in 2009 to increase the number of stroke units; and if she will make a statement on the matter. [45701/09]

220. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children the reason less than 3% of stroke patients received the life saving clot buster treatment, thrombolysis, in the 12 months to April in 2009; the further reason that almost half of our acute hospitals cannot provide this treatment at all or only during office hours or on an intermittent basis; and if she will make a statement on the matter. [45702/09]

221. Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if she has received the stroke manifesto from an organisation (details supplied); and the way she and the

470 Questions— 8 December 2009. Written Answers

Health Service Executive will respond to the 16 points; and if she will make a statement on the matter. [45703/09]

235. Deputy Paul Connaughton asked the Minister for Health and Children if, in view of the elements of the soon to be published cardiovascular health policy and the stroke manifesto from an organisation (details supplied) which recommendations she will be implementing in 2010 to improve the quality of stroke services; and if she will make a statement on the matter. [45844/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 218 to 221, inclusive, and 235 together. In September 2007, I established a Cardiovascular Health Policy Group to draw up a new policy framework for the development of all aspects of cardiovascular health, including stroke. The Group considered the findings of the Irish National Audit of Stroke Care 2008 and examined many issues similar to those in the stroke manifesto. The Report will address the organisation of stroke services, including stroke units, the provision of thrombolysis, as well as models for rehabilitation and discharge planning. The Report is being finalised and it is intended that it will be accompanied by an implementation plan. Both these reports will be brought to Government shortly with a view to publication.

Health Services. 222. Deputy Dinny McGinley asked the Minister for Health and Children the position regarding the proposed primary care health centre for a location (details supplied) in County Donegal; the stage the project is at; when it is expected that approval will be given to seek planning permission; and if she will make a statement on the matter. [45726/09]

230. Deputy John McGuinness asked the Minister for Health and Children when a decision will be made regarding the funding and provision of a primary health care centre for Thomastown, County Kilkenny; the number of parties that have expressed an interest; the timeframe involved for a decision; if the funding will be ring fenced for the project through 2010; and if she will make a statement on the matter. [45816/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 222 and 230 together. As these are service matters they have been referred to the Health Service Executive for direct reply to the Deputies.

223. Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if her attention has been drawn to the fact that children here with impaired hearing are facing delays of six months in receiving essential new moulds for hearing aids; if she will account for the fact that the waiting time for these moulds, which must be changed periodically as the child grows, has gone from approximately six weeks to six months; if she will intervene with the Health Service Executive to rectify this delay which means that the education and development of children with impaired hearing is being jeopardised; and if she will make a statement on the matter. [45737/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

471 Questions— 8 December 2009. Written Answers

224. Deputy Edward O’Keeffe asked the Minister for Health and Children if her attention has been drawn to the case of persons (details supplied) in County Cork who are unemployed and were refused a once off payment of \100 from the Health Service Executive south for the purchase of necessary items; if she will have this decision on appeal reviewed; and if her attention has been drawn to the fact that when they initially applied through their community welfare officer when they were advised that they would be approved. [45765/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

225. Deputy Kathleen Lynch asked the Minister for Health and Children the number of paediatric and adult ophthalmology procedures that have been cancelled at the Cork University Hospital due to the redesignation of theatre four at the hospital; the number of procedures that have been transferred; the hospitals to which they were transferred; the location at which ophthalmology procedures are being carried out; when will a new theatre be commissioned at the hospital to accommodate patients; and if she will make a statement on the matter. [45768/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

226. Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 5. [45774/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Departmental Expenditure. 227. Deputy Fergus O’Dowd asked the Minister for Health and Children the details on the Health Service Executive (details supplied); and if she will make a statement on the matter. [45780/09]

Minister for Health and Children (Deputy Mary Harney): The pay expenditure, for the public health service, for 2008 and year to date September 2009, is as follows:

Pay Expenditure 2008 Year to date — September 2009

\\ Management/Administration Total 888,947,741 684,301,451 Medical/Dental Total 1,158,339,443 924,053,038 Nursing Total 2,500,654,072 1,923,492,482 Paramedical Total 866,327,240 672,089,162 Support Services Total 1,259,051,395 959,569,613 Maint./Technical Total 90,000,667 64,443,272 Superannuation Total 514,067,193 451,901,941

Pay Total 7,277,387,753 5,679,850,959 Notes: (i) Source: CRS System, Finance Directorate of the HSE. (ii) CRS data do not include data for a number of Disability agencies.

As the remaining requested information is a matter for the Health Service Executive, it has been referred to the HSE for attention and direct reply to the Deputy. 472 Questions— 8 December 2009. Written Answers

Medical Cards. 228. Deputy Ciarán Lynch asked the Minister for Health and Children the number of persons who did not qualify for a full or general practitioner only medical card on grounds of income in the period immediately prior to 2007 but were granted a card on medical or other grounds; the number of persons who applied for renewal of those cards in 2007 and 2008 and were refused; the number of persons initially refused who were granted a medical card on appeal; and if she will make a statement on the matter. [45788/09]

229. Deputy Ciarán Lynch asked the Minister for Health and Children the number of persons who did not qualify for a full or general practitioner only medical card on grounds of income that were subsequently granted a medical card on medical or other grounds in 2007 and 2008; and if she will make a statement on the matter. [45790/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 228 and 229 together. Details of the number of medical cards and GP visit cards are provided to my Department each month by the Health Service Executive (HSE). The figures are provided on a net basis, showing the balance after new cards have been issued and other cards, as appropriate, have been deleted from the Executive’s database, e.g. following a review of a person’s circumstances. As the information sought by the Deputy is not provided to my Department as a matter of routine, my Department has asked the Parliamentary Affairs Division of the Executive to arrange to address these matters and to have a reply issued directly to the Deputy.

Question No. 230 answered with Question No. 222.

Health Services. 231. Deputy Emmet Stagg asked the Minister for Health and Children the reason for the delay in issuing a response as promised in Parliamentary Question No. 153 of 13 October 2009. [45820/09]

232. Deputy Paul Connaughton asked the Minister for Health and Children her plans to instruct the Health Service Executive to remove the age cut off points in access to health care services which result in inequities in older people’s access to services; and if she will make a statement on the matter. [45833/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): Services for Older People provided by the Health Service Executive are targeted at those over 65 years of age. However, the Executive has flexibility to administer such services as appropriate in certain cases for those approaching this cohort. The continuation of existing services, such as Acute Hospital, Disability Services or Mental Health provision, for those approaching the Older Person’s programme, is a matter for the HSE taking account of issues such as eligibility, individual needs, professional opinion, and service options. The Deputy will appreciate that the health service has, by its nature, to be administered along broad operational lines. Every effort is made to meet the needs of the individual from the appropriate service source. In relation to eligibility legislation, there is currently no provision within the current eligibility framework (with the exception of Child Health Services under Section 66 of the Health Act

473 Questions— 8 December 2009. Written Answers

[Deputy Áine Brady.] 1970 which provides for a health examination and treatment services for children of primary school going age) which seeks to differentiate between different care groups on the basis of age. Eligibility for health services in Ireland is subject only to being ordinarily resident in the State. There are two categories of eligibility for public health services. These are Category I (Medical Card holders) and Category II (the remainder of the population). To qualify for Category I eligibility a person is required to undergo a means test. The remainder of the population will have Category II eligibility subject only to the ordinary residence criterion. Accordingly, there are no plans to instruct the HSE as proposed by the Deputy.

Medical Cards. 233. Deputy Paul Connaughton asked the Minister for Health and Children when a decision will be made on an application for an over 70 years medical card in respect of a person (details supplied) in County Galway; if her attention has been drawn to the fact that the application was submitted on 14 July 2009; and if she will make a statement on the matter. [45835/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

ARC Cancer Support Centre. 234. Deputy Catherine Byrne asked the Minister for Health and Children the services a centre (details supplied) in Dublin 8 is providing; the catchment area for this centre; the age group it caters for; the illnesses being treated; and if she will make a statement on the matter. [45842/09]

Minister for Health and Children (Deputy Mary Harney): ARC Cancer Support Centre is a registered charity which offers free professional support to men and women affected by cancer and those who care for them, irrespective of where they are being treated or where they live. The support is holistic and complements primary medical treatment with education and psychological care. The first ARC Centre was set up in Eccles Street in 1993 and I officially opened ARC House in South Circular Road on 23 November. The HSE provided significant funding towards the development of the new premises in South Circular Road.

Question No. 235 answered with Question No. 218.

Mental Health Services. 236. Deputy Joanna Tuffy asked the Minister for Health and Children the criteria for certain areas to have access to mental health services; the breakdown of services available to areas that meet the criteria for such services; the options available to a person who needs to access a mental health service but finds there is no such service in their area; and if she will make a statement on the matter. [45848/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

Medical Cards. 237. Deputy Joanna Tuffy asked the Minister for Health and Children when a decision will be made on a medical card application in respect of a person (details supplied) in County

474 Questions— 8 December 2009. Written Answers

Dublin; the reason there is a delay in dealing with this application; and if she will make a statement on the matter. [45858/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services. 238. Deputy Damien English asked the Minister for Health and Children if she will provide a commitment to maintain funding for an organisation (details supplied) in County Meath through her Department and the Health Service Executive; and if she will make a statement on the matter. [46012/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As this is a service matter it has been referred to the HSE for direct reply.

239. Deputy Damien English asked the Minister for Health and Children if the dentistry clinic in Trim, County Meath, will open in view of the fact that two dentists have been appointed recently and a third will be in place shortly; if the school screening programme will recommence; and if she will make a statement on the matter. [46015/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Autism Services. 240. Deputy Bernard J. Durkan asked the Minister for Health and Children if she will put in place an enhanced degree quality and scale of support services for children with autism, Aspergers syndrome, attention deficiency disorder and ADHD or similar problems with a view to offering their parents the quality and scale of support equal to and available in the best locations throughout the European Union; if she has identified areas of particular need in this regard; if she has received communication from parents outlining such requirements; and if she will make a statement on the matter. [46028/09]

244. Deputy Bernard J. Durkan asked the Minister for Health and Children if her attention has been drawn to the fact that there appears to be an increasing number of children with autism, Aspergers syndrome, ADHD, ADD or similar conditions; the extent of research undertaken which might identify the causes; if her further attention has been drawn to the anxiety of parents regarding same; if research has been undertaken in other jurisdictions which may be beneficial here; and if she will make a statement on the matter. [46032/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): I propose to take Questions Nos. 240 and 244 together. The Department of Health and Children does not collect information on children identified with Autism and Aspergers on a national or international basis. Information pertaining to diagnosis is specifically excluded from the National Intellectual Disability Database as the database is not designed as a medical epidemiological tool. Accordingly the database does not record the incidence of Autism or any other disability. In 2004, the Department of Health and Children, through the Health Research Board, approved expenditure of \5 million on autism research to help improve international understanding of the genetic causes of autism. This \5 million is the Irish contribution to a new major international research initiative called the Autism Genome Project which will receive a total

475 Questions— 8 December 2009. Written Answers

[Deputy John Moloney.] investment of \12 million from a variety of international organisations over three years. The other co-funders in the international consortium include Autism Speaks (US), the British Medi- cal Research Council (MRC), Southwest Autism Research and Resource Centre (SARRC), and the Hilibrand Foundation. This unique combination of international, public and private partners funding a consortium of clinicians and scientists is a new and welcome departure in the field of autism research. The Health Research Board has informed my Department that this funding was awarded as follows:

— \2.8 million: Professor Michael Gill, Department of Psychiatry, Trinity College, Dublin

— \2.2 million: Professor Andrew Green, Director National Centre for Medical Genetics, Our Lady’s Hospital for Sick Children, Crumlin (affiliated to UCD).

This figure represents the largest tranche of funding to be awarded by any of the four funders within the international consortium. The Irish researchers are at the forefront in unravelling the genetic determinants of autism and related disorders. They are using novel state of the art genetic sequencing technology to analyse DNA samples taken from autistic patients to identify candidate genetic markers for autism. They will collaborate with their international colleagues to then link these genetic markers with clinical outcomes. This unique international research effort will greatly improve not only our understanding of the causes of autism, but its diagnosis and treatment. With regard to the remaining matters raised by the Deputy, these relate to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act, 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Health Services. 241. Deputy Bernard J. Durkan asked the Minister for Health and Children the number of medical procedures for which patients were referred to locations outside this jurisdiction in each of the past five years to date; if such services were available here at the same time; and if she will make a statement on the matter. [46029/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Hospital Services. 242. Deputy Bernard J. Durkan asked the Minister for Health and Children the extent to which it is intended to bring the standards at all hospitals here up to centre of excellence levels; and if she will make a statement on the matter. [46030/09]

Minister for Health and Children (Deputy Mary Harney): A fundamental part of Govern- ment policy for hospital services is the delivery of high standards of patient care, ensuring that patient safety is paramount and that the best possible patient outcomes are achieved. The Deputy will be aware that the HSE has commissioned a number of reviews in relation to how acute hospital services should be organised in particular regions. These reviews have highlighted the need for changes to be made in the provision and organisation of acute hospital services in the regions concerned. The programme also involves developing smaller hospitals to provide a much greater proportion of less complex care, underlining the fact that smaller hospitals can be reconfigured to provide important services in their local communities. Working

476 Questions— 8 December 2009. Written Answers to ensure patient safety and the best possible outcomes for patients is essential to the delivery of services at every hospital, whatever the range or complexity of services provided at that hospital. An important step forward in implementing Government policy on safety and quality of health services was the establishment of the Health Information and Quality Authority (HIQA) in 2007. A core function of HIQA is to set standards on safety and quality of health services and to monitor enforcement of those standards in an open and transparent way. HIQA has already developed national quality standards in areas such as Symptomatic Breast Disease Standards, National Hygiene Standards and National Standards for Infection Prevention and Control. HIQA has also commenced work on the development of National Quality Standards for acute hospitals in the public sector. As part of the implementation of the Report of the Commission on Patient Safety and Quality Assurance, approved by Government in January 2009, my Department is now developing legislative proposals for a mandatory licensing system to cover both public and private hospitals, based on the standards being prepared by HIQA.

Cancer Incidence. 243. Deputy Bernard J. Durkan asked the Minister for Health and Children if research has been undertaken by her Department or the Health Service Executive regarding the most commonly occurring forms of cancer recorded in each of the past ten years to date; the trends that have emerged in particular areas or regions; the degree to which a particular causes or causes have been identified; and if she will make a statement on the matter. [46031/09]

Minister for Health and Children (Deputy Mary Harney): The Deputy may be referring to An Atlas of Cancer in Ireland 1994 to 2003 which was published last week by the National Cancer Registry of Ireland. The Report can be found on the Registry’s website www.ncri.ie. It provides detailed geographical information on the distribution of all the common cancers in Ireland. It also examines the role of a range of risk factors, including smoking, diet, poverty and environment, in determining the geographical variations found. For most cancers, the Report found that there is significant geographical variation in risk based on residence and that the variations are, in the main, different for different cancers. Most cancers showed a relationship (either positive or negative) to area deprivation scores. More densely populated areas consistently had a higher risk of cancer than those that were sparsely populated. The risk of almost all cancers analysed was higher in areas with the highest proportion of elderly people living on their own. The report concludes that, by reducing exposure to risk factors such as tobacco smoking, alcohol drinking, obesity, diet and sexual behaviour, cancer incidence in Ireland and the disparities described in this report could be greatly reduced. The Registry was set up in 1991 by statute and is wholly funded by the Department of Health and Children. The overall direction of the Registry is the responsibility of the National Cancer Registry Board. The Registry has been collecting comprehensive cancer information for the whole population of the Republic of Ireland since 1994. The information it collects is used in research into the causes of cancer, in education and information programmes, and in the planning of a national cancer strategy to deliver the best cancer care to the whole population.

Question No. 244 answered with Question No. 240.

Health Services. 245. Deputy Bernard J. Durkan asked the Minister for Health and Children the school medical examinations carried out in all schools at primary and secondary level on an annual

477 Questions— 8 December 2009. Written Answers

[Deputy Bernard J. Durkan.] basis; the trends that have been identified in terms of specific conditions; the most prevalent of these; and if she will make a statement on the matter. [46033/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

246. Deputy Bernard J. Durkan asked the Minister for Health and Children her plans to upgrade the network of health services here; the degree to which she expects to extend the range or services; and if she will make a statement on the matter. [46034/09]

Minister for Health and Children (Deputy Mary Harney): I understand that the Deputy is referring to health centres and not services. As the Deputy’s question relates to a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Accommodation. 247. Deputy Bernard J. Durkan asked the Minister for Health and Children the number of long, medium and short-stay beds available at any time; the average bed occupancy; the number of spare beds available to meet emergencies; and if she will make a statement on the matter. [46035/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

248. Deputy Bernard J. Durkan asked the Minister for Health and Children when extra beds will be provided at Maynooth Community Hospital, County Kildare, to meet the increasing demand in the area; and if she will make a statement on the matter. [46036/09]

Minister of State at the Department of the Health and Children (Deputy Áine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Services. 249. Deputy Bernard J. Durkan asked the Minister for Health and Children the future proposals for Our Lady’s Children’s Hospital, Crumlin, Dublin; if her attention has been drawn to the views regarding the pivotal nature of the hospital in the context of paediatrics in the future; if her further attention has been drawn to the volume of professional opinion regarding same; and if she will make a statement on the matter. [46037/09]

Minister for Health and Children (Deputy Mary Harney): Services at Our Lady’s Children’s Hospital, Crumlin, National Children’s Hospital Tallaght and the Children’s University Hospital Temple Street will transfer to the new National Paediatric Hospital. Pending completion of the project, the HSE will continue to finance the provision and development of services at each of the transferring hospitals. The way to provide the best possible paediatric tertiary care most effectively involves the creation of one single national paediatric hospital, alongside a major teaching hospital, bringing together all the medical and nursing expertise for complex conditions. The concept of bringing together all three present services is widely accepted. The Children’s Health First Report commissioned by the Health Service Executive indicated that the population and projected demands in this country can support only one world class tertiary paediatric hospital. It recommended that the hospital should be in Dublin and should,

478 Questions— 8 December 2009. Written Answers ideally, be located with a leading adult academic hospital in order to optimize the outcomes for children. Following detailed consideration, it was decided that the most appropriate location for the new National Paediatric Hospital is at the Mater Hospital. I am aware that concerns have been expressed in the past by some members of staff and families of patients and others who currently access Our Lady’s Children’s Hospital and the National Children’s Hospital at Tallaght. However, I welcome the recent decision by the Hospital to participate fully in the development of the project and to nominate representatives to the National Paediatric Hospital Development Board. The development of the National Paediatric Hospital is a priority project for the Govern- ment. The project is proceeding as planned and is being overseen by the National Paediatric Hospital Development Board which was established in May, 2007. The HSE is working closely with the Board in progressing the project, which is scheduled for completion and commissioning in 2014. The real challenge in paediatrics is to maximise the efficient use of all our healthcare capacity both in Dublin and across the country. Crumlin, Temple Street and Tallaght paediatric services need to be increasingly working in a co-ordinated, shared and efficient fashion to prepare for the eventual coming together of the three institutions into one national paediatric hospital. The HSE is actively pursuing ways in which services across the three hospitals can best be co- ordinated, to avoid unnecessary duplication and to achieve savings that can be put back into patient care.

250. Deputy Bernard J. Durkan asked the Minister for Health and Children the position regarding the future of St. Luke’s Hospital, Dublin; and if she will make a statement on the matter. [46038/09]

Minister for Health and Children (Deputy Mary Harney): Radiotherapy services will transfer from St. Luke’s to St James’s Hospital and Beaumont Hospital as part of the implementation of the National Plan for Radiation Oncology. The decision is based on expert advice and is designed to ensure that radiation oncology is integrated with all other aspects of cancer care, including surgery and medical oncology. This is in line with best international practice. The Board of St. Luke’s Hospital and its Executive Management Team are fully committed to supporting the Government’s decision in relation to the development of radiation oncology and a Transition Team has been established to oversee developments. No decisions have yet been taken in relation to the future use of the site and facilities at St. Luke’s. However, I am anxious to ensure that these resources are utilised in the best interest of the health services. I understand that the Friends of St. Luke’s are preparing a report on possible future uses of the site and facilities and I hope to receive a copy of this report shortly. It is important to note that the complete transfer of services from St. Luke’s Hospital to new facilities at St. James’s Hospital and Beaumont Hospital is not due to take place for a number of years. A partial transfer will occur in the last quarter of 2010. In the meantime, additional linear accelerators were commissioned at St. Luke’s last year in order to provide much needed interim capacity pending the roll out of the National Plan for Radiation Oncology.

Hospital Accommodation. 251. Deputy Bernard J. Durkan asked the Minister for Health and Children the number of medical, surgical or other beds available throughout the health services in the public and the private sectors; the number in each sector now and five years ago; and if she will make a statement on the matter. [46039/09]

479 Questions— 8 December 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): The national average number of acute hospital beds available in public hospitals in 2007, the latest year for which verified data has been compiled by the HSE, was 13,688. This includes both in patient beds and day places. The national average number of acute hospital beds available in public hospitals in 2002 was 12,497. This shows an increase over the five year period of over 1100. No detailed breakdown of medical and surgical beds is available. While neither the Minister for Health and Children nor the HSE has responsibility for the operation and management of private hospitals, from recent enquiries made by my Department of the Irish Business and Employers’ Confederation (IBEC) I understand that in private hospitals which are members of IBEC there are currently approximately 2,300 inpatient beds and 450 day beds.

252. Deputy Bernard J. Durkan asked the Minister for Health and Children the number of hospital beds available throughout the winter months of 2009 particularly during peak periods in respect of colds, flus or other unforeseen illnesses in the private and the public hospital sectors; and if she will make a statement on the matter. [46040/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Medical Cards. 253. Deputy Deirdre Clune asked the Minister for Health and Children if the income eligibility for a medical card will be maintained to ensure those in receipt of a carer’s allowance retain their entitlement to a medical card; and if she will make a statement on the matter. [46043/09]

Minister for Health and Children (Deputy Mary Harney): As the Deputy is aware under the HSE guidelines, carer’s allowance is considered as non-assessable income in the context of the medical card assessment process. There are currently no plans to amend the list of non-assessable income sources for medical card assessment.

Hospital Services. 254. Deputy Bernard J. Durkan asked the Minister for Health and Children the extent to which Tallaght, Blanchardstown and Naas Hospitals are fully developed in accordance with their respective original development plans; if the full spectrum has been delivered in all cases; if full requirement in terms of theatres, x-ray and pathology services have been provided and are fully functioning; if the full compliment of medical, surgical, nursing or other specific staff are available and continue to be available in each case; the aspects of the anticipated facilities or those originally provided that have downsized, been postponed or shelved and the reason therefore; if the requisite funding will continue to be made available to ensure the continuity of the full range and scale of services; if she will give an assurance that the health service reviews undertaken by her Department over the past ten years will not in any way negatively affect the hospitals in question and the scale and quality of services to the population in their respective catchment areas; and if she will make a statement on the matter. [46045/09]

Minister for Health and Children (Deputy Mary Harney): As these are service matters they have been referred to the Health Service Executive for direct reply.

Flood Relief. 255. Deputy Pat Breen asked the Minister for Transport if he will provide emergency funding

480 Questions— 8 December 2009. Written Answers to restore county roads which have been damaged as a result of the recent flooding in County Clare; and if he will make a statement on the matter. [45380/09]

256. Deputy Pat Breen asked the Minister for Transport if he will provide emergency funding to repair county roads in County Clare which have been damaged as a result of the recent flooding; and if he will make a statement on the matter. [45381/09]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 255 and 256 together. As regards flooding of roads, the improvement and maintenance of regional and local roads is a statutory function of each road authority, in accordance with the provisions of Section 13 of the Roads Act, 1993, to be funded from its own resources supplemented by State road grants. The initial selection of works to be funded from these grants is also a matter for the local authority. When road grants for regional and local roads are allocated each year, my Department does not hold back a reserve allocation at central level to deal with weather contingencies. Such an arrangement would mean a reduction across all local authorities in the road grant allocations made to them at the beginning of each year. The allocations made to local authorities are inclusive of a weather risk factor. Local authorities are expressly advised that they should set aside contingency sums from their overall regional and local roads resources to finance necessary weather related works. That stipulation is contained clearly in the circular letter which is sent to each local authority with the yearly road grant allocations. My Department would also be prepared to consider, sympathetically, any request from local authorities to adjust their multi-annual restoration programmes, or revise their specific grant applications, in order to facilitate works now required as a result of the recent exceptional flooding. Local authorities are still assessing the extent of flood damage in their regions, and, I expect that it will take some time before all the authorities concerned can quantify the damage sustained to their regional and local road networks and cost the repairs. The Deputy will appreciate that I cannot, at this time, indicate what funding might be either needed or available to address damage caused to the regional and local road network by recent flooding. My officials are keeping in contact with local authorities affected by flooding. The current difficulties being faced by those authorities are being monitored and will be taken into account in the 2010 regional and local road grant allocations, to the extent that resources will allow.

Public Transport. 257. Deputy Seán Barrett asked the Minister for Transport the position regarding an application for licensing of a bus service (details supplied) between Dalkey and Dublin Airport; and if he will make a statement on the matter. [45302/09]

Minister for Transport (Deputy Noel Dempsey): As I advised the Deputy in my previous reply of 16th June 2009, my Department made an offer in January 2009 for the grant of a licence in respect of the bus service to which the Deputy refers, which seeks to operate between Dalkey and Dublin Airport. That service is known as “The Patton Flyer”. That offer did not include certain of the stops sought by the applicants in respect of their proposed service, as these stops were already being served by a previously licensed bus service being operated by Aircoach that connects the locations in question with Dublin Airport.

481 Questions— 8 December 2009. Written Answers

[Deputy Noel Dempsey.]

The Patton Flyer operators lodged an appeal in February 2009 against the terms of the offer made by my Department and also sought to add additional stops to the proposed service. The appeal was considered and a licence offer was made in May 2009, which again excluded those stops which conflicted with the licensed Aircoach service. The Patton Flyer operators wrote to the Department on 19 June 2009 rejecting the licence offer. Notwithstanding the fact that the operators of the Patton Flyer service have rejected an offer for the grant of a licence, they continue to operate an unlicensed service. The Patton Flyer service is not licensed, Dublin Airport Authority have been made aware of this as have the Gardaí Síochána.

Departmental Staff. 258. Deputy Eamon Gilmore asked the Minister for Transport the number of staff who received financial assistance to pursue courses in further or higher education in each of the past five years and the number of such staff who were subsequently re-assigned to duties appropriate to their new qualifications. [45330/09]

Minister for Transport (Deputy Noel Dempsey): The following table details the number of staff who received financial assistance to pursue courses in further or higher education in each of the past five years:

Academic Year beginning Number of staff

2005 29 2006 44 2007 31 2008 32 2009 20

Third level education is supported by the Department on the basis that the qualification being pursued will enable the officers concerned to make a more effective contribution to the work of the Department. The Department has a mobility policy for administrative grades, which means that staff are required to undertake a variety of assignments over the course of their career and decisions on support for third level education take account of that policy.

Search and Rescue Service. 259. Deputy John Deasy asked the Minister for Transport his plans to reorganise or recon- figure the air sea rescue service; and if he will make a statement on the matter. [45405/09]

Minister for Transport (Deputy Noel Dempsey): The Irish Coast Guard, a Division of my Department, has contracted a civilian Search and Rescue helicopter service, based in Dublin, Shannon, Waterford and Sligo. These helicopters are available on a 24 hour 365 day basis for emergency response on any part of the coastline. The Irish Coast Guard is presently in a tender process to renew the current helicopter contract, which will expire in 2010. There are no plans at present to re-organise or re-configure the current Search and Rescue helicopter service, pending the outcome of the tender process. The Coast Guard also manages and operates 3 co-ordination/communication centres at Dublin, Malin Head and Valentia. These centres are being developed. Dublin will be completed mid 2010, and it is intended to commence refurbishment of one of the other centres later next 482 Questions— 8 December 2009. Written Answers year. The Coast Guard also manages local volunteer rescue units, providing coastal search and cliff rescue. It is planned to rationalise these units over time.

EU Directives. 260. Deputy Thomas P. Broughan asked the Minister for Transport if EU Directive 1371/2007 on rail passenger rights was transposed into law by 3 December 2009 as required; if he sought derogations from this directive; and if he will make a statement on the matter. [45436/09]

261. Deputy Thomas P. Broughan asked the Minister for Transport further to Parliamentary Question No. 303 of 6 May 2009, if he has decided which body will be responsible for the enforcement of the provisions of the regulation 1371/2007 here as per article 30 of the regulation; and if he will make a statement on the matter. [45437/09]

Minister for Transport (Deputy Noel Dempsey): I propose to answer Questions Nos. 260 and 261 together. The EC Regulation 1371/2007 on rail passengers’ rights and obligations entered into force on 3 December 2009 and has direct effect. Articles 9, 11, 12, 19, 20(1) and 26 of the Regulation, now apply to all rail passenger services throughout the Community including all Irish Rail passenger services. Domestic rail services, have, under S.I. No. 473 of 2009 of 1 December 2009, been exempted from the application of the other Articles of the Regulation pending the conclusion of discussions with Irish Rail regarding their application to the inter-city rail passenger services. The designation of an appropriate enforcement authority is being considered in the context of the arrangements to be put in place relating to penalties, which will be notified to the Commission before 3 June 2010.

Departmental Bodies. 262. Deputy Thomas P. Broughan asked the Minister for Transport when he will establish an advisory consumer panel under the aegis of the National Transport Authority as per the commitment in the Government Statement on Economic Governance; and if he will make a statement on the matter. [45438/09]

Minister for Transport (Deputy Noel Dempsey): The National Transport Authority was established on 1st December 2009. The legislation setting up the Authority does provide for an Advisory Council. Representatives of various interests may be invited by the Minister to nominate candidates for membership of the Advisory Council, including the interests of business and of transport users. The Advisory Council will be established in due course.

Code of Practice. 263. Deputy Thomas P. Broughan asked the Minister for Transport the State Agencies under the aegis of his Department to which the new code of practice for the governance of State bodies applies; and if he will make a statement on the matter. [45439/09]

264. Deputy Thomas P. Broughan asked the Minister for Transport if all the boards of State agencies under the aegis of his Department which are required to implement the new code of practice for the governance of State bodies have formally adopted the code at a board meeting; if they have undertaken training to ensure proper implementation of the code; if they have put

483 Questions— 8 December 2009. Written Answers

[Deputy Thomas P. Broughan.] in place monitoring procedures to ensure proper compliance with the code; and if he will make a statement on the matter. [45440/09]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 263 and 264 together. All agencies under the aegis of my Department are required to implement the new Code of Practice. The Department has brought the new Code to the attention of all such Bodies. The Code requires an annual report from the Chairpersons of each of the bodies and this report must confirm that the bodies have adopted the Code. The revised Code was published in May 2009 and the Chairpersons will submit their first annual report under the new Code early in 2010. The Department will monitor the reports to ensure they confirm that the Code has been adopted. When making appointments to boards the companies are advised that they should ensure that appropriate training in Corporate Governance is provided. The Chairpersons have been requested to confirm that arrangements currently in place in their respective organisations are in compliance with Department of Finance instructions. In addition, the Chairpersons have been advised that, as part of my Department’s ongoing corporate governance relationship with their organisations, they will be expected to give similar confirmation annually.

Marine Safety. 265. Deputy Joe McHugh asked the Minister for Transport when equipment at Malin Head Coastguard Station, County Donegal, will be upgraded; his views on whether the upgrading of equipment at the Dublin coastguard radio, Leeson Lane is almost completed; and if he will make a statement on the matter. [45721/09]

Minister for Transport (Deputy Noel Dempsey): Refurbishment works are ongoing in the Leeson Lane building, and subject to the availability of the accommodation, the installation of the new equipment will commence in mid/late February 2010. The testing of the installed Integrated Communications System and the training for Marine Rescue Co-ordination Centre staff will commence early May 2010. The dual operation of the new and old equipment in the Dublin will last for at least a four-week period, after which the new system is expected to go live early in the second half of 2010. The Factory Acceptance Test on the equipment for Malin and Valentia Marine Rescue Sub co-ordination Centres was completed in November, and delivery of this equipment to Coast Guard Stores is expected by year end. New voice traffic recording systems have already been installed in both Malin and Valentia as part of the overall new Integrated Communications System. The adaptation of the buildings in Malin and Valentia to take the new configuration is awaiting Office of Public Works surveys and building schedule. It is anticipated that work will commence on one of the Centres in late 2010 and on the other building in 2011, subject to funding.

Appointments to State Boards. 266. Deputy Fergus O’Dowd asked the Minister for Transport his nominees to State and semi-State bodies since June 2007; the qualification of each successful nominee; the income for each nominee from each board; the number of vacancies vacant; and if he will make a statement on the matter. [45853/09]

484 Questions— 8 December 2009. Written Answers

Minister for Transport (Deputy Noel Dempsey): The tables below list the Nominees to State Bodies under the aegis of my Department, the incomes of the Nominees and the current board vacancies. I am confident that all of the Directors whom I have nominated, and appointed with the consent of the Minister for Finance, to the boards have the necessary skills, competencies and experience to enable the boards meet the challenges facing the transport sector at this time. The Commission for Taxi Regulation (CTR) does not have a Board, however, there is an Advisory Council to the CTR. Under the Taxi Regulation Act, 2003 the Minister appoints all members, including the Chairperson. There are currently no vacancies on the Advisory Council.

Nominees to State Boards.

Name of body Nominee Fee \

Railway Procurement Agency Ciaran Mac Samhrain (Worker Director) 12,600

Córas Iompair Éireann Mick Cullen (Worker Director) 15,750 Córas Iompair Éireann Willie McDermott (Worker Director) 15,750 Córas Iompair Éireann Bill McCamley (Worker Director) 15,750 Córas Iompair Éireann John Moloney (Worker Director) 15,750 Córas Iompair Éireann Mary Canniffe 15,750 Córas Iompair Éireann Paul Kiely 15,750 Córas Iompair Éireann Graham Lightfoot 15,750 Córas Iompair Éireann Neil Ormond 15,750 Córas Iompair Éireann Yvonne Scannell 15,750 Córas Iompair Éireann Seamus Sheerin 15,750 Córas Iompair Éireann Dermot Killen 15,750

Bus Átha Cliath Arnold O’Byrne 12,600 Bus Átha Cliath Mary Mooney 12,600 Bus Átha Cliath Gráinne Ahern 12,600 Bus Átha Cliath Nuala Maher 12,600

Bus Éireann John Griffin 12,600

Iarnród Éireann Dearbhalla Smyth 12,600 Iarnród Éireann Michael Giblin 12,600 Iarnród Éireann Cliff Perry 12,600 Iarnród Éireann Philip Gaffney 12,600

National Roads Authority Peter Malone 12,600 National Roads Authority Eddie Breen Nil National Roads Authority Fred Barry Nil National Roads Authority Eugene Moore 8,100 National Roads Authority Clifford Kelly 8,100 National Roads Authority Jenny Kent 8,100 National Roads Authority Raymond Potterton 8,100 National Roads Authority Professor Frank Convery 8,100 National Roads Authority Colm Lonergan 8,100 National Roads Authority Eric Fleming 8,100 National Roads Authority Dr. Margaret O’Mahoney 8,100 National Roads Authority Ann Butler 8,100

485 Questions— 8 December 2009. Written Answers

[Deputy Noel Dempsey.] Name of body Nominee Fee \ Irish Aviation Authority Claire O’Donoghue 12,600 Irish Aviation Authority Peter G. Ledbetter 12,600 Irish Aviation Authority Rosheen McGuckian 12,600 Irish Aviation Authority Pat Dalton 12,600 Irish Aviation Authority Lorraine Burke 12,600

Medical Bureau of Road Safety Declan Hayes Nil

Marine Casualty Investigation Board John G. O’Donnell 7,618 Marine Casualty Investigation Board Thomas R. Power 5,079 Marine Casualty Investigation Board Sinead Brett 5,079

Dublin Airport Authority Mary McCabe 15,750 Dublin Airport Authority Peter Barrett 15,750 Dublin Airport Authority David Dilger (Chairman) 31,500 Dublin Airport Authority Barry Nevin 15,750 Dublin Airport Authority Michael Lenane 15,750 Dublin Airport Authority Thomas Guilfoyle 15,750 Dublin Airport Authority Michael Hodgekinson 15,750 Dublin Airport Authority Bill Cullen 15,750 Dublin Airport Authority Marie O’Connor 15,750 Dublin Airport Authority Gerry Walsh 0.00 Dublin Airport Authority Gerard Collins 15,750 Dublin Airport Authority Brian O’Connell 0.00

Cork Airport Authority Pat Keohane 0.00 Cork Airport Authority Gerry Walsh (Chairman) 21,600 Cork Airport Authority Dick Lehane 12,600 Cork Airport Authority Oliver Cussen 0.00 Cork Airport Authority Don Cullinane 12,600 Cork Airport Authority Humphrey Murphy 12,600 Cork Airport Authority Annette McNamara 12,600

Shannon Airport Authority Ray Gray 0.00 Shannon Airport Authority Olivia Loughnane 12,600 Shannon Airport Authority Brian O’Connell (Chairman) 21,600 Shannon Airport Authority Patrick Blaney 0.00 Shannon Airport Authority Mary Fitzgerald 12,600 Shannon Airport Authority Vincent Cunnane 12,600 Shannon Airport Authority Mark Nolan 12,600

Ports Cork Dermot O’Mahony 21,600 Cork Alan Coleman 12,600 Cork Dominic Daly 12,600 Cork PW Fenton 12,600 Cork Finbarr Buckley 12,600

Drogheda Michael Coyle 6,300 Drogheda Willie Lennon 6,300 Drogheda David Prior 6,300 Drogheda Martin Farrelly 6,300 Drogheda Dr Nino Binns 6,300

486 Questions— 8 December 2009. Written Answers

Name of body Nominee Fee \ Dublin Jerry Kiersey 12,600 Dublin Tom Hussey 12,600 Dublin Pat Magner 12,600 Dublin Cathy Byrce 12,600 Dublin Brian Kerr 12,600

Dún Laoghaire Sean Costello 21,600 Dún Laoghaire Gerry Nagle 12,600 Dún Laoghaire Victor Boylan 12,600 Dún Laoghaire Eithne Scott Lennon 12,600 Dún Laoghaire Betty Coffey 12,600 Dún Laoghaire Patrick Cowhey 12,600 Dun Laoghaire Don Mc Manus 12,600

Shannon Foynes Kay Mc Guinness 12,600 Shannon Foynes Rita McInerney 8,100 Shannon Foynes Edmund Jennings 8,100 Shannon Foynes Michael Adams 8,100 Shannon Foynes John Carr 8,100 Shannon Foynes Dick Sadlier 8,100

Waterford Michael Flynn 12,600 Waterford Fiona Ormond 8,100 Waterford Derek Donnelly 8,100 Waterford Noreen McDonnell 8,100 Waterford Patrick Murphy 8,100 Waterford Derek Madigan 8,100 Waterford Maurice Lonergan 8,100

Galway Paul Carey 9,450 Galway Mairead Cosgrave 6,300 Galway Ollie Crowe 6,300 Galway Tom McElwain 6,300 Galway Marie Cleary 6,300 Galway John Mc Namara 6,300 Galway Robert Molloy 6,300

New Ross Mark Minihan 3,825 New Ross Joan Murphy 1,575 New Ross Tom Clarkin 1,575 New Ross Rosie Kehoe 1,575 New Ross Martin Murphy 1,575

Dundalk Pearse O’Hanrahan 3,825 Dundalk Jim Cousins 1,575 Dundalk Niall Kehoe 1,575 Dundalk Frances Rocks 1,575 Dundalk Leo McCauley 1,575 Dundalk Seamus Belton 1,575 Dundalk Michael Mc Cabe 1,575 Dundalk Rosemary Farrell 1,575

Wicklow Fachtha Whittle 3,825 Wicklow Brendan Newsome 1,575

487 Questions— 8 December 2009. Written Answers

[Deputy Noel Dempsey.] Name of body Nominee Fee \ Wicklow Roy Conway 1,575 Wicklow Ray Tumulty 1,575 Wicklow Stephen Kearon 1,575 Wicklow Ken Lauder 1,575 Wicklow Charlie Byrne 1,575 Wicklow Kitt Dunne 1,575

Harbours Arklow Paddy Mordaunt Arklow Irene Sweeney

Baltimore & Skibbereen Joe Carroll Baltimore & Skibbereen Vincent O’Driscoll Baltimore & Skibbereen Michael Harte Baltimore & Skibbereen Dermot Sheehy Baltimore & Skibbereen Con Minehane

Bantry Laetitia M Baker Bantry Vivian O’Callaghan Bantry Kathleen Tessyman

Kinsale Michael Frawley Kinsale Pat Guilfoyle Kinsale Tony Lane

Tralee & Fenit Denis Doolan Tralee & Fenit Norma Foley Tralee & Fenit Mike Moriarty

Wexford Billy Morris Wexford Sean Gleeson Wexford Michael Dempsey

Vacancies on State boards

Name of Body Vacancies

Cork Airport Authority 2 Shannon Airport Authority 2 Bus Átha Cliath 2 Bus Éireann 1 Railway Procurement Agency 2 Dublin Port Company 1 New Ross Port Company 1

Garda Vetting Services. 267. Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform the number of persons who are working or volunteering with sports organisations that have been vetted as suitable to hold such positions, in particular where they have responsibility for children; the number of persons who have been vetted by the various sports organisations who receive State funding in 2008 and to date in 2009; the number of persons who have been found 488 Questions— 8 December 2009. Written Answers unsuitable following the vetting process; and if he will make a statement on the matter. [45496/09]

276. Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform the number of persons working or volunteering with sports organisations that have been vetted as suitable to hold such positions, in particular when they have responsibility for children; the number of persons that have benefited in 2008 and to date in 2009; the number of persons that have been considered unsuitable following the vetting process; and if he will make a statement on the matter. [45497/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 267 and 276 together. The Garda Central Vetting Unit (GCVU) conducts Garda vetting in respect of individual vetting subjects on behalf of organisations which are registered with the GCVU and discloses details of all prosecutions, successful or not, pending or completed, and/or convictions as recorded in respect of an individual vetting subject to the registered organisation which submits the vetting application. I am informed by the Garda authorities that the total number of vetting applications received at the GCVU from registered sports organisations in 2008 was 3,090 and in 2009, to date, is 12,697. The GCVU does not make decisions as to the suitability of individual persons to be employed in either remunerated or voluntary positions in organisations registered with the GCVU. The responsibility for decision-making in this regard rests solely with the registered organisation. The Garda authorities are not, therefore, in a position to advise in respect of the number of persons deemed suitable or otherwise for engagement by the registered sports organisations.

268. Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) has not received their garda clearance to enable them to start work in community employment. [45749/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that a vetting application was received by the Garda Central Vetting Unit in respect of the person to whom the Deputy refers and a response was returned to the registered organisation involved on 3 December 2009.

Residency Permits. 269. Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform if a person (details supplied) was the holder of a Garda National Immigration Bureau card for 2007; and if he will make a statement on the matter. [45309/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Garda National Immigration Bureau (GNIB) that the person referred to by the Deputy registered with them on 10 January 2007 and was granted permission to remain in the State until 10 January 2008. This person’s current permission to remain in the State is due to expire on 19 January 2010. Upon the expiration of this permission, the person referred to by the Deputy should contact his local Immigration Officer to be granted the appropriate permission to remain in the State.

489 Questions— 8 December 2009. Written Answers

Departmental Staff. 270. Deputy Eamon Gilmore asked the Minister for Justice, Equality and Law Reform the number of staff who received financial assistance to pursue courses in further or higher education in each of the past five years; the number of such staff who were subsequently re- assigned to duties appropriate to their new qualifications; and if he will make a statement on the matter. [45327/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): During the period in question 245 individuals received financial assistance under the Department’s refund of educational fees scheme. This figure does not include a number of agencies who have separate training budgets. All applications under the refund scheme are considered with reference to the relevance/significance of the course to the applicant’s role and to the work of the Department. Where possible, staff with particular skills/qualifications are assigned to positions which maximise the use of their qualifications for the benefit of the Department and the individual concerned. It should be noted that the vast majority of courses undertaken by staff would fall into the categories of either public administration or legal studies. Such courses would have relevance across the Department.

Immigration Procedures. 271. Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform the number of persons of the United States that have been refused entry here to date in 2009. [45353/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Garda National Immigration Bureau that the number of American citizens who have been refused entry to Ireland between 01 January 2009 and 30 November 2009 is one hundred and fifty five (155).

Asylum Support Services. 272. Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the way in which persons who have come here and are seeking regularisation of their status are allocated to various hostels for the duration of this assessment; the approach that is being taken in terms of seeking to keep in the same hostel families, or couples; and if he will make a statement on the matter. [45398/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): In respect of asylum seekers, the Reception and Integration Agency (RIA) of my Department is the agency responsible for providing accommodation. The RIA currently operates 54 accommodation centres across 21 counties. Of these, 17 centres are designated for single persons only, while the remaining 34 provide accommodation solely for families, or are mixed use centres housing both families and single persons in separate units. I am informed that it is the RIA’s policy, wherever possible or practicable, to ensure that all the members of the family of an applicant are housed together.

Garda Reserve. 273. Deputy John Deasy asked the Minister for Justice, Equality and Law Reform if he will

490 Questions— 8 December 2009. Written Answers examine the possibility of allowing retired members of An Garda Síochána retain a level of rank within the Garda Reserve to allow for a continuing role for these retirees within the force; and if he will make a statement on the matter. [45403/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Section 15(3) of the Garda Síochána Act 2005 provides that a member of the Garda Reserve has, while on duty, the same powers, immunities, privileges and duties as a person appointed to the rank of Garda. This reflects the functions of the Reserve and I have no proposals to amend section 15(3) of the 2005 Act.

274. Deputy John Deasy asked the Minister for Justice, Equality and Law Reform the number of the Garda Reserve serving in Waterford city and county in 2007 and 2008; the number of the Garda Reserve currently serving in Waterford City and county; and if he will make a statement on the matter. [45404/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The number of members of the Garda Reserve serving in the Waterford Division on the 31st October 2007, 2008 and 2009 was as set out hereunder:

Year Number

2007 8 2008 10 2009 11

Court Procedures. 275. Deputy Róisín Shortall asked the Minister for Justice, Equality and Law Reform his plans to change the way in which jurors are summonsed in view of the unreliability of the electoral register; if he has received complaints from families of deceased persons who have been summonsed for jury duty; and if he will investigate ways to update the register, in association with the General Register’s Office, in a bid to avoid further distress. [45466/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Under the provisions of the Court Service Act 1998 responsibility for the administration of the courts system, including the management of jury selection, was transferred from this Department to the Courts Service. As the Deputy is aware, issues pertaining to the electoral register are a matter for the Minister for the Environment. The Deputy may wish to note that a number of amendments were brought forward to the Juries Act 1976 in the Civil Law (Miscellaneous Provisions) Act 2008. Moreover, the Law Reform Commission, as part of their Third Programme of Law Reform, is conducting a more general review of the law relating to juries. The Commission will consult with all interested parties in the course of their review.

Question No. 276 answered with Question No. 267.

Deportation Orders. 277. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will rescind the decision to deport in the case of persons (details supplied) in County Cork; and if he will make a statement on the matter. [45689/09] 491 Questions— 8 December 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to the Reply given to his Parliamentary Question No. 164 on Tuesday 14 October 2008. The status of the persons concerned remains largely as set out in that Reply. However, in the interim, an application for Subsidiary Protection was made on behalf of the second named person by her legal representative and lodged under cover letter dated 23 March 2009. In response to this application, a letter issued on 9 June 2009 advising that the person concerned was not automatically entitled to apply for Subsidiary Protection. Notwithstanding the forego- ing, the applicant was advised that she could seek the exercise of Ministerial discretion pursuant to Regulation 4 (2) of the European Communities (Eligibility for Protection) Regulations, 2006 by making further representations identifying any new facts or circumstances which demonstrated a change of position from that at the time the Deportation Order was made on 5 August 2004. Representations were received on 23 July 2009 and are currently being considered. The persons concerned have continued to meet their presentation requirements with the Gardaí. The first named person is due to present himself again at Anglesea Street Garda Station, County Cork on 14 December 2009. The second named person is due to present herself again at the Garda National Immigration Bureau (GNIB) on 6 January 2010. The enforcement of the Deportation Orders remains an operational matter for the GNIB.

Public Order Offences. 278. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied) in Dublin 3. [45772/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the location referred to is in the Clontarf Sub-District, with certain locations bordering on Fitzgibbon Street District. Local Garda management is aware of a number of incidents of anti-social behaviour in the area. A member of the local Community Policing Unit is allocated to this area. An active Neigh- bourhood Watch Scheme is in place, and Gardaí are in regular contact with residents. The area is subject to regular patrols by uniform and plain clothes personnel, including the Community Policing Unit, the Garda Mountain Bike Unit and the District Detective and Drug Units, supplemented as required by the Divisional Crime Task Force and Traffic Corps personnel. Persons and vehicles are regularly stopped and searched in the area, and persons have been interviewed and cautioned in relation to incidents in the area. Current policing plans in the area are designed to address issues of crime and public order offences, including the prevention of public order offences, the prevention of crime including crimes of violence against persons and property and the maintenance of an environment con- ducive to the improvement of quality of life of residents. This strategy is central to the delivery of the policing service to the area in question.

EU Directives. 279. Deputy Ruairí Quinn asked the Minister for Justice, Equality and Law Reform if he has received a reasoned opinion from the EU Commission regarding the implementation of the Employment Equality Directive 2000/78/EC; if he will provide a copy of this letter if one exists and the reply issued by him; and if he will make a statement on the matter. [45782/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Requirements under Council Directive 2000/78/EC were already largely provided for in the code of law under

492 Questions— 8 December 2009. Written Answers our Employment Equality Acts and Equal Status Acts. The Equality Act 2004 gave effect to outstanding matters. In the course of 2008 Ireland, among a number of other Member States, received a reasoned opinion on the Directive from the European Commission. The issues, six in number, were technical only. Certain of the issues have been resolved. The State continues to be in dialogue with the Commission on remaining issues, which are common to a number of Member States. The consultations to date are confidential to the parties concerned.

National Disability Authority. 280. Deputy Ciarán Cuffe asked the Minister for Justice, Equality and Law Reform the information that has been communicated to him by the National Disability Authority regarding work it may have carried out making direct payments to persons with disabilities to ensure value for money and quality services and opportunities; and if he will make a statement on the matter. [45859/09]

Minister of State at the Department of Justice, Equality and Law Reform (Deputy John Moloney): The National Disability Authority (NDA) has not issued any advice to me on the issue of replacing direct provision with direct payments from the relevant Departments to people with disabilities. In its strategic plan for 2010 to 2012 the NDA has outlined a programme of work it intends to do in relation to community and independent living, and the issue of direct payments will be considered as part of that work programme. In preparation, NDA held an informal round table on 7th July this year with key stakeholders to inform its future programme of work in this area.

Departmental Staff. 281. Deputy Eamon Gilmore asked the Minister for Foreign Affairs the number of staff who received financial assistance to pursue courses in further or higher education in each of the past five years; and the number of such staff who were subsequently re-assigned to duties appropriate to their new qualifications. [45325/09]

Minister for Foreign Affairs (Deputy Micheál Martin): The number of staff that received financial assistance to pursue courses in further or higher education in each of the past five academic years is as follows:

Year Number

2005-2006 51 2006-2007 51 2007-2008 61 2008-2009 29 2009-2010 32

This involves a total of 135 individual staff members pursuing a course during the period in question. Qualifications acquired by officers are one of the criteria used in assigning them to a post within the Department. There are a number of qualifications e.g. the Institute of Public Administration courses in Public Management which are relevant across a range of positions within the Department.

Child Abuse. 282. Deputy Finian McGrath asked the Minister for Foreign Affairs if he will summon a 493 Questions— 8 December 2009. Written Answers

[Deputy Finian McGrath.] person (details supplied) to his Department as a mark of disapproval at the failure to respond to the commission of inquiry into child abuse. [45385/09]

285. Deputy Alan Shatter asked the Minister for Foreign Affairs the communications received by him prior to the publication of the Murphy commission report on clerical child abuse regarding the refusal and failure of the papal nuncio and the Vatican to cooperate with the Murphy commission; the initiatives taken by him of his predecessor; and if he will make a statement on the matter. [45499/09]

Minister for Foreign Affairs (Deputy Micheál Martin): I propose to take Questions Nos. 282 and 285 together. The Papal Nuncio called to Iveagh House at my request this morning to discuss the report of the Dublin Archdiocese Commission of Investigation and the cooperation of the Nuncio and the Holy See with the Commission. Neither I, nor my predecessor, received any communication prior to the publication of the Commission’s report regarding a refusal or failure of the Nuncio or the Vatican to cooperate with the Murphy Commission. The only correspondence my Department received in relation to the Commission prior to the publication of its report related to a diplomatic note dated 1 March 2007 addressed to our Embassy to the Holy See from the Vatican Secretariat of State. This note referred to an inquiry addressed to a department of the Roman Curia by Commission, which the Secretariat of State understood to be a body established under the authority of the Government of Ireland through the Department of Justice, Equality and Law Reform. The note asked that the Embassy remind the appropriate authorities that such requests should be addressed to the Holy See through proper diplomatic channels, in accordance with international laws and customs. This diplomatic note was passed by my Department to the Department of Justice, Equality and Law Reform, which in turn forwarded it to the Commission. Later in March 2007, the Vatican authorities approached our Ambassador to the Holy See, reminding the Embassy of the note of 1 March and enquiring whether it would be possible for the Embassy to indicate to the Commission, through the appropriate authority in Dublin, that the Holy See had responded through diplomatic channels to their communication so as to avoid any impression on the part of the Commission’s part that its correspondence had been ignored. Following confirmation from Dublin that a copy of the Vatican’s diplomatic note had been passed to the Commission, the Embassy sent a diplomatic note to the Secretariat of State on 26 April 2007 confirming this fact. In the meantime, the Department of Justice, Equality and Law Reform wrote to the Chair- person of the Commission informing her that the Vatican had sought confirmation that the Commission had received its diplomatic note.

Emigrant Support Services. 283. Deputy Michael Ring asked the Minister for Foreign Affairs the position regarding undocumented Irish in America; the progress made; and the action taken to date by him. [45422/09]

284. Deputy Michael Ring asked the Minister for Foreign Affairs the meetings that have taken place in the past six months regarding an agreement to assist the undocumented Irish in America; and the outcome of these meetings. [45423/09]

494 Questions— 8 December 2009. Written Answers

Minister for Foreign Affairs (Deputy Micheál Martin): I propose to take Questions Nos. 283 and 284 together. Finding a solution for our undocumented citizens in the US continues to be a high priority of this Government. We are also committed to developing our bilateral migration arrangements with the United States, through the establishment of a reciprocal two year renewable visa scheme known as the E3 visa. In discussions with US Secretary of State Hilary Clinton, during her visit to Ireland in October, I stressed that the Government was continuing to pursue a three pronged strategy to address migratory flows between Ireland and the US. This strategy involves seeking a solution for the undocumented Irish, the establishment of an E3 visa and the continued expansion of the working holiday programme, which was concluded last year. In response to these issues, Secretary of State Clinton indicated that immigration reform may be addressed in early 2010, following the passage of healthcare legislation. On my visit to Washington and New York on 14-17 October, I held extensive discussions on the prospect for progress on immigration reform with significant number of key Democrats and Republicans in Congress. These included the Chair of the Senate Judiciary Committee, Senator Patrick Leahy, Senator John McCain, Senator Lindsey Graham, Senator Jeanne Shaheen, Senator Chris Dodd, Senator Bob Casey, Senator Paul Kirk, the Chair of the House Sub Committee on Immigration, Zoe Lofgren and the members of the House of Representa- tives Friends of Ireland Group. There was considerable support expressed at these meetings for efforts to find a solution for the undocumented and for the E3 visa initiative. I received some indications that a comprehensive immigration bill which would address the concerns of the undocumented could be introduced in Congress in Spring 2010, but I was also advised that such a timetable could be influenced by ongoing debate on health care reform and the fact that 2010 will be an election year in the US. In New York, I also had a very useful meeting with the Irish Lobby for Immigration Reform, who continue to lobby for the undocumented Irish, with the assistance of former Congressman Bruce Morrison. During my visit, I was pleased to announce a further grant of $50,000 to ILIR. This brings to $285,000, the total amount of funding allocated by the Government to ILIR since 2006. In addition to these recent contacts, a Congressional Delegation, led by Congressman Richard Neal, Chair of the Friends of Ireland, visited Ireland from 27 June to 5 July this year. During this visit, I hosted the delegation for a dinner in Cork and they also met with the Tánaiste and the Ceann Comhairle in Dublin. Comprehensive immigration reform and the importance of finding a solution for the undocumented Irish featured strongly during our discussions. Question No. 285 answered with Question No. 282.

Official Engagements. 286. Deputy Mary Upton asked the Minister for Foreign Affairs the progress that has been made on the conference that was held at Farmleigh, Dublin to discuss the economic future here; the cost of this conference; the ideas or innovations that emerged from this conference that have been enacted; and if he will make a statement on the matter. [45668/09]

Minister for Foreign Affairs (Deputy Micheál Martin): The Global Irish Economic Forum was convened by the Government with two broad objectives: to explore how the Irish at home

495 Questions— 8 December 2009. Written Answers

[Deputy Micheál Martin.] and abroad and those with a strong interest in Ireland could work together and contribute to our overall efforts at economic recovery; and to examine ways in which Ireland and its global community could develop a more strategic relationship with each other, particularly in the economic sector. The forum was marked by huge enthusiasm among the participants, who widely regarded the event as a very significant success. The discussions held on a range of mainly economic issues over the weekend were marked by expressions of considerable opti- mism about the future of Ireland, despite the present economic difficulties. The Government has moved quickly to take forward the work begun at Farmleigh . At its meeting on 13 October, the Government considered a comprehensive report prepared by my Department and the Irish Management Institute. The full report, which contains a detailed list of the main themes and specific proposals to emerge, is available onwww.dfa.ie and www.globalirishforum.ie. The Government has also established a new interdepartmental committee, chaired by the Secretary General of the Department of Taoiseach, to consider the proposals and monitor progress across Departments. The committee has already begun its work and will report to the Government early in the new year. The post-forum process will complement the work already under way across many of the areas discussed at Farmleigh, including through the Innovation Task Force and the implementation of Building Ireland’s Smart Economy. One outcome of particular significance is the emergence of an invaluable network of highly successful business figures across the globe who now feel that they have a stake in delivering renewed economic growth in Ireland. My Department is actively working towards the establishment of a new global Irish network made up of those invited to Farmleigh and other leading business figures in our global community. This network will give greater strategic focus to our economic and cultural promotional work abroad. One of the main themes to emerge from the attendees was the importance of Irish culture to the image of this country abroad and in particular. I was therefore pleased to announce on 7 December that funding of \2.3million is being provided by my Department for a new landmark Irish Arts Centre in New York as a key outcome of the forum. Other ideas which are being actively progressed include: the establishment of an Irish innovation centre in Silicon Valley; the Gateway Ireland portal, which would serve as a key on-line focus for promoting Ireland abroad and engaging with our global community; and expanded educational exchange and scholarship programmes to increase engagement with younger generations. I am aware that a number of other Departments are also taking forward initiatives suggested at Farmleigh. I am similarly encouraged by the fact that significant work has already been undertaken by participants themselves on a number of projects that are more suitably advanced by the private sector. In planning the forum, overall costs were kept to a minimum. Participants paid for their own air fares and travel costs and the accommodation provided by the Department was deliberately chosen at hotels close to the venue and at a very competitive price. Current figures indicate that the costs incurred come to approximately \326,000. I believe the forum represents real value for money: it marked a new level of engagement with the most successful members of our diaspora and provided an invaluable opportunity for the Government, opposition and Irish business leaders to exchange ideas and build relationships with a large number of leading CEOs from key markets.

Free Trade Agreements. 287. Deputy Michael Creed asked the Minister for Foreign Affairs if he has conveyed to the EU Commissioner on Trade his views on EU negotiations for a free trade agreement with

496 Questions— 8 December 2009. Written Answers

Columbia; his approach to these negotiations; and if he will make a statement on the matter. [45744/09]

Minister for Foreign Affairs (Deputy Micheál Martin): EU relations with Colombia are conducted in the framework of regional relations between the EU and the Andean Community comprising Bolivia, Colombia, Ecuador and Peru. In 2007, negotiations aimed at concluding a comprehensive Association Agreement between the EU and the Andean Community were formally launched. This agreement will cover all facets of relations between the EU and these countries, including political dialogue, co-operation and trade. In addition, a multiparty free trade agreement is being negotiated between the EU and two member states of the Andean Community — Colombia and Peru — within the overall framework of the Association Agree- ment. The negotiations are being carried out by the Commission on the basis of a mandate from the Council. The negotiation of a Free Trade Agreement with Colombia is part of an EU strategy to support and encourage the Colombian Government as it tries to restore the authority of the State after decades of violent civil conflict. By engaging with Colombia in this way, the EU strongly believes it can influence the Government in a manner that also results in greater respect for human rights. Ireland fully supports that strategy. We recognise that the promotion of peace and stability in Colombia requires a comprehensive, multi-strand strategy which tackles simultaneously the various social and economic elements underlying the conflict. Our approach and that of the European Union is to engage with the Colombian Government as it emerges from decades of terrorism and to influence that process in a manner that strengthens the Government’s commitment to human rights and fundamental freedoms. I am aware of and share the deep concern that has been expressed about the way trade union activists, human rights defenders and journalists have been treated in Colombia. Ireland, along with its EU partners, monitors the human rights situation in Colombia and raises issues including such human rights abuses with the Colombian Government through the ongoing EU- Colombia dialogue on human rights and in regular contacts at political level. Last month, during a visit to Colombia to present credentials, Ireland’s ambassador to Mexico raised these issues at meetings with the Colombian Minister for Foreign Affairs and with senior officials in the Foreign Ministry. The ambassador emphasised the importance that Ireland attaches to the protection of human rights defenders and trade unions leaders and explained the considerable attention that their plight has attracted in Ireland. The Foreign Minister confirmed that this is a priority issue for Colombia and that every effort was being made to address the position in the context of a difficult security situation. In the course of his visit the Ambassador also met representatives of Irish NGOs to hear at first hand about their concerns about human rights and their views on the negotiations on the Free Trade Agreement. Along with other EU partners, Ireland will continue to input to the European Commission negotiators to ensure a balanced outcome to the negotiations on the Free Trade Agreement with Colombia, one which gives due prominence to the protection of human rights. In addition, I will be in contact with the EU Trade Commissioner to underline our interest in an effective human rights clause being included in the agreement.

Departmental Staff. 288. Deputy Eamon Gilmore asked the Minister for Arts, Sport and Tourism the number of staff who received financial assistance to pursue courses in further or higher education in each of the past five years; the number of such staff who were subsequently re-assigned to duties appropriate to their new qualifications. [45317/09]

497 Questions— 8 December 2009. Written Answers

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): Since the 2004-05 academic year, financial assistance has been provided by means of full or partial refund of fees to 45 members of staff, including staff of the National Museum of Ireland and the National Library of Ireland, which were part of the Department until they were established as separate legal entities in May 2005. Course fees that were fully or partially refunded can be broadly divided into the following categories — courses on subjects related specifically to the area of work of the staff member such as management training, accounting, health and safety, IT and Irish courses to assist in providing a service through Irish, as well as specific courses undertaken by staff in specialised areas of the National Museum, National Library and the National Archives; courses on subjects relevant to the work of the Department but with a wider application across the Civil Service such as Policy Analysis and Corporate Governance; and courses aimed at self-development, including interview skills. Refunds were approved in accordance with the Department’s policy on training and development. Academic qualifications are one of the many factors that are taken into consideration when assigning staff to specific duties within the Department.

Tax Code. 289. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism if his attention has been drawn to the impact of the second home tax on businesses operating holiday cottages; the implications for tourism and jobs in this sector; if his further attention has been drawn to comments (details supplied) that this tax would be deductible as a normal business expense and that this now appears not to be the case; and if he will make a statement on the matter. [45416/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): Given that the charge was only introduced this year with a final payment date of 30 September 2009, subsequently extended to 31 October 2009, it is too early to be able to assess the impact of the charge, if any, on the self- catering sector. Statistics are not yet available to measure the performance of the sector in 2009. Indications in Fáilte Ireland’s tourism barometer survey in September suggest, however, that the sector is performing slightly better than other types of accommodation in what is proving to be a very difficult year for the tourism industry as a whole. The issue of deductibility for tax is a matter for my colleague, the Minister for Finance.

Swimming Pool Projects. 290. Deputy Mary Upton asked the Minister for Arts, Sport and Tourism if he will reopen the local authority swimming pool programme in order to provide funding for the refurbishment of a pool (details supplied) in Dublin 12; if he will prioritise this request in view of the fact that this area has suffered from a lack of investment and the closure of a vital service such as this will be another blow to the local community; and if he will make a statement on the matter. [45493/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The current round of the Local Authority Swimming Pool Programme provides grant aid to a maximum of \3.8 million to Local Authorities towards the capital cost of new swimming pools or the refurbishment of existing pools. The current round of the programme closed to applicants on 31 July 2000. Under this programme, 45 pools have been opened throughout the country with a further 12 pools at various stages of development. In the administrative area of Dublin City Council, new pools have been opened in Finglas, Ballyfermot, St. Michael’s House, Ballymun and work is under

498 Questions— 8 December 2009. Written Answers way on a new pool in Rathmines. The issue of the launch of a new round of the Local Authority Swimming Pool Programme will be dealt with as part of the Estimates discussion for 2010. When a new round of the programme is launched, it will be open to all local authorities, including Dublin City Council on behalf of Crumlin Swimming Pool, to submit an application under the terms that will apply.

Sports Capital Programme. 291. Deputy Thomas Byrne asked the Minister for Arts, Sport and Tourism if a club (details supplied) in County Louth are entitled to draw down unclaimed payments that were awarded to the club under the sports capital grants programme 2004; if so, the conditions under which the moneys may be drawn down; and if he will make a statement on the matter. [45789/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The grantee in question was provisionally allocated \150,000 under the Sports Capital Programme 2004. The grantee subsequently informed the Department in a letter dated 12 October 2005 that it could not draw down the grant due to the proposed relocation of the grantee’s playing facilities to a new site and that it intended to reapply for funding under a future round of the Programme. Accord- ingly, the 2004 allocation is not available to be drawn down by the grantee. While the club in question made a further application under the 2008 Programme, the application did not comply with the terms and conditions of the Programme as the club did not have adequate title to the proposed facility at the time of application. It is open to the club to apply to the Department for funding under any future round the Sports Capital Programme if it has a suitable project.

Arts Funding. 292. Deputy Emmet Stagg asked the Minister for Arts, Sport and Tourism his plans to invest in the Europeana project, in order to ensure the continued access to Irish works for all Irish and European citizens, and thereby adding momentum to Europeana’s efforts to secure the rights of millions of important European works in a public forum. [45819/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): My Department has undertaken to support the Europeana project over three years with a financial contribution of \30,000. The national cultural institutions under my aegis will seek to present through this website a wide variety of cultural images from their national collections. Questions of copyright or intellectual property are not a matter for my Department.

Departmental Agencies. 293. Deputy Noel O’Flynn asked the Minister for Arts, Sport and Tourism the sanctioned overdraft and borrowing facility and indebtedness for each agency and semi-State body, commercial and non-commercial, for the years 2005, 2006, 2007 and 2008 in tabular form; the amount and number of occasions that the sanctioned approved facility was breached for individuals companies and group structures; and if he will make a statement on the matter. [45852/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): In respect of each of the associated bodies of the Department which has or had sanctioned overdraft, borrowing or other debt facilities in the period 2005 to 2008, inclusive, the requested information is as set out in tabular form below. No such facilities exist or existed in respect of the other associated bodies of the Department.

499 Questions— 8 December 2009. Written Answers

[Deputy Martin Cullen.]

Item Year 2005 Year 2006 Year 2007 Year 2008

Bord na gCon1

Overdraft, Borrowing or Other Debt Facility \12,500,000 \12,500,000 \12,500,000 \12,500,000 Number of Breaches 0000 Amount of Breach N/A N/A N/A N/A

Fáilte Ireland2

Overdraft, Borrowing or Other Debt Facility \0 \652 \625,140 \485,808 Number of Breaches 0000 Amount of Breach N/A N/A N/A N/A

Horse Racing Ireland3

Overdraft, Borrowing or Other Debt Facility \40,000,000 \40,000,000 \40,000,000 \40,000,000 Number of Breaches 0000 Amount of Breach N/A N/A N/A N/A

Irish Museum of Modern Art (IMMA)4

Overdraft, Borrowing or Other Debt Facility \20,000 \20,000 \20,000 \20,000 Number of Breaches 0000 Amount of Breach N/A N/A N/A N/A 1 The figures provided in respect of Bord na gCon relate to a borrowings limit. 2 Fáilte Ireland does not have sanctioned overdraft, borrowing or other debt facilities. The figures provided relate both to the five Regional Tourism Authorities which merged with Fáilte Ireland on 1 July 2006 and to Dublin Tourism which became a wholly-owned subsidiary of Fáilte Ireland in April 2007. The 2006 figure relates to a payment made to pay off loans and overdrafts. The 2007 and 2008 figures relate to mortgages on property purchased by Dublin Tourism which Fáilte Ireland proposes to pay off by the end of 2009. 3 The figures provided in respect of Horse Racing Ireland relate to a borrowings limit. 4 The figures provided in respect of IMMA relate to a sanctioned overdraft facility which is in place but has never been availed of.

Irish Horseracing Industry. 294. Deputy Noel O’Flynn asked the Minister for Arts, Sport and Tourism if Bord na gCon and Horse Racing Ireland have furnished him with abstracts of their accounts in respect of the years 2005, 2006, 2007 and 2008; the dates on which theses were received; if he has laid these before the Houses of the Oireachtas; the dates in each case; the reason in the event of an exclusion from this requirement being granted to either body; and if he will make a statement on the matter. [45854/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The information as required by the Deputy is laid out in the following table:

2005 2005 2006 2006 2007 2007 2008 2008

Date Date laid Date Date laid Date Date laid Date Date laid received in before the received in before the received in before the received in before the Department Houses Department Houses Department Houses Department Houses of Arts, of Arts, of Arts, of Arts, Sport and Sport and Sport and Sport and Tourism Tourism Tourism Tourism

Horse Racing Ireland July ’06 Aug ’06 July ’07 Dec ’07 Dec ’08 May ’09 Oct ’09 Dec ’09 Bord na gCon Mar ’07 June ’08 Aug ’07 Dec ’07 Jan ’09 Dec ’09 Nov 09 In progress

500 Questions— 8 December 2009. Written Answers

Departmental Agencies. 295. Deputy Seán Sherlock asked the Minister for Arts, Sport and Tourism the number of State boards, agencies, regulators or other bodies under his remit; the cost of these bodies; and if he will make a statement on the matter. [46022/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The Department currently has 15 associated bodies under its remit, as set out below with their cost (total provisional outturn 2008). Further details are set out in the Revised Estimates for Public Services, 2009 and in the Annual Report of the Department for 2008, copies of which may be accessed on the relevant websites.

Associated Body Total Provisional Outturn 2008

\000

Arts Council 81,620 Bord na gCon 15,257 Chester Beatty Library 3,459 Crawford Art Gallery Cork 1,988 Fáilte Ireland 82,594 Horse Racing Ireland 61,029 Irish Film Board 23,189 Irish Museum of Modern Art 8,241 Irish Sports Council 57,182 National Concert Hall 3,894 National Gallery of Ireland 12,455 National Library of Ireland 11,875 National Museum of Ireland 19,017 National Sports Campus Development Authority 6,503 Tourism Ireland 19,954

Total 408,257

Tourism Employment. 296. Deputy Noel O’Flynn asked the Minister for Arts, Sport and Tourism his plans to encourage the training of persons for the hotel, catering and hospitality industry to include training for employed persons in their place of employment; if his attention has been drawn to the fact that the numbers of unemployed persons on courses (details supplied) are being reduced; if his further attention has been drawn to plans to reduce further in-house training courses for the unemployed; the State agency responsible for training jobless persons who wish to gain employment in the hotel, catering and hospitality industry; and if he will make a statement on the matter. [46044/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): In accordance with the provisions of section 8(1) of the National Tourism Development Authority Act 2003, it is a day- to-day function for Fáilte Ireland “to encourage, promote and support the recruitment, training, and education and development, of persons for the purposes of employment in connection with the tourism industry in the State.” Details of Fáilte Ireland’s training activities are accordingly a matter primarily for determination by the Authority itself. 501 Questions— 8 December 2009. Written Answers

Volunteering Sector. 297. Deputy David Stanton asked the Minister for Community, Rural and Gaeltacht Affairs if a volunteers’ charter or volunteers’ code of practice has been developed; the roles and responsibilities of both volunteers and the organisations who use the services of volunteers; and if he will make a statement on the matter. [45786/09]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): My Department funds a network of 21 Volunteer Centres nationally. It also funds Volunteer Centres Ireland (VCI), the umbrella body responsible for developing best practice within the network. VCI and its member centres encourage all community and voluntary organisations that work with volunteers to have in place a suitable volunteer policy. The development of a volunteer policy is an integral part of the management training currently provided by Volunteer Centres to organisations engaging volunteers. There are a number of charters on volunteering available within the community and voluntary sector. One such charter is the “Charter for Effective Volunteering”, developed by Volunteering Ireland, which is widely used in the sector. It is important that each individual community and voluntary organisation adapts a charter to suit the particular needs of its organisation and its overall context.

Departmental Staff. 298. Deputy Eamon Gilmore asked the Minister for Community, Rural and Gaeltacht Affairs the number of staff who received financial assistance to pursue courses in further or higher education in each of the past five years; the number of such staff who were subsequently re- assigned to duties appropriate to their new qualifications. [45319/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): There follows a breakdown of the number of staff in my Department who received financial assistance between 2005 to 2009, inclusive, to pursue courses in further and higher education:

Year Number of staff who received financial assistance

2009 7 2008 8 2007 13 2006 20 2005 35

The assistance provided was in respect of courses and training relevant and appropriate to the current roles and responsibilities of the staff in question and was in accordance with the Department’s Performance Management and Development System. Therefore, the need to reassign any of these staff to duties appropriate to their new qualification has not arisen. The drop in numbers doing third level courses from 2005 to 2009 can be attributed to the changes in staff numbers within this Department and to the decentralisation of the Department.

Security of the Elderly. 299. Deputy Deirdre Clune asked the Minister for Community, Rural and Gaeltacht Affairs the funding he has made available under the community support scheme in the Cork Area in 2005, 2006, 2007, 2008 and to date in 2009; and if he will make a statement on the matter. [45335/09] 502 Questions— 8 December 2009. Written Answers

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): I understand the Deputy’s question relates to the Scheme of Community Support for Older People. This Schemeis administered and funded by my Department with the services delivered locally by community and voluntary groups. It currently provides grants support to these organisations to fund the once-off installation costs of socially monitored alarms, small items of physical security and in the case of qualifying older people living on our offshore islands, interior emergency lighting. The socially monitored alarm system remains the property of the organisation that receives the grant aid. Since 2004 to the end of October 2009, 133 organisations in the County Cork, including Cork City, have received grant support of roughly \1.44m under the Scheme. Details of all payments made to beneficiary groups under the Scheme are published monthly on a county basis on my Department’s website at www.pobail.ie.

Departmental Subsidies. 300. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if the subsidy provided by his Department is solely for the islanders or if it includes companies (details supplied) carrying out work on the Aran Islands; and if he will make a statement on the matter. [45417/09]

301. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if a company (details supplied) is only obliged to carry out modifications; and if he will make a statement on the matter. [45418/09]

302. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the fact that a company (details supplied) is creating a monopoly by setting up another company using State assets. [45419/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): I propose to take Questions Nos. 300 to 302, inclusive, together. As stated previously by me in the House, the procurement of services for the islands referred to by the Deputy is carried out by my Department in accordance with relevant EU and national directives and guidelines, having regard in particular to the following specific obligations:

• equal treatment of tenderers;

• transparency in the tender procedure;

• proportionality in decision;

• mutual recognition of bidders from different Member States; and

• non-discrimination.

As the selection process for each competition is by way of public tenders open to all competi- tors, the question of creating a monopoly through the provision of these services does not arise. As the exact nature of the monopoly to which the Deputy refers is not clear, I will be happy to investigate the matter further if the Deputy wishes to provide me with further details. With regard to the modifications referred to by the Deputy, I am advised that the works required will be completed as soon as possible, having regard to ensuring that there is minimal disruption to service users. My Department will continue to seek completion of the works at the earliest possible date.

503 Questions— 8 December 2009. Written Answers

[Deputy Éamon Ó Cuív.]

The subsidy provided to the company concerned is designed both to guarantee the provision of services which would not otherwise be economical to provide and to reduce costs for island communities.

Community Development. 303. Deputy Mary Alexandra White asked the Minister for Community, Rural and Gaeltacht Affairs her views on extending the provision of the scheme of community support for older people to persons under 65 years with disabilities; and if he will make a statement on the matter. [45433/09]

304. Deputy Mary Alexandra White asked the Minister for Community, Rural and Gaeltacht Affairs the efforts being made to disseminate information on the provision of socially-monitored alarms through community groups and services; and if he will make a statement on the matter. [45434/09]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): I propose to take Questions Nos. 303 and 304 together. My Department carried out a comprehensive review of the Scheme of Community Support for Older People over the past number of months. I am currently considering the recommendations made to me by the Review Team. These recommendations include the matters raised by the Deputy in respect of extension of the Programme and the need to improve coverage and awareness of the Scheme. The Scheme is currently focused on the security needs of older people and it is not envisaged that this would be extended to people with disabilities or other health related concerns where support would, I believe, more appropriately be addressed by the Health Service Executive. I have already informed the House of my intention to bring in revised arrangement for the Scheme in early 2010 and these will include the matter of improved information for local organisations. I have re-opened the existing Scheme until such time as revised arrangements are in place.

305. Deputy Jack Wall asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the implications that funding will have on a group (details supplied) in County Clare; and if he will make a statement on the matter. [45492/09]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): I refer the Deputy to my reply to Question Number 210 of 26 November 2009.

State Bodies. 306. Deputy Seán Sherlock asked the Minister for Community, Rural and Gaeltacht Affairs the number of State boards, agencies, regulators or other bodies under his remit; the cost of these bodies; and if he will make a statement on the matter. [46024/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): The number of relevant bodies funded from my Department’s Vote Group is 7. The attached table lists the bodies in question, as well as the relevant funding allocations for 2009 as set out in the Revised Estimates Volume.

504 Questions— 8 December 2009. Written Answers

Bodies funded from Vote Group of the Department of Community, Rural and Gaeltacht Affairs 2009

Bodies REV allocation 2009

Western Development Commission 2.246 Údarás na Gaeltachta* 11.8 Dormant Accounts Board** 1.786 Commissioners of Charitable Donations and Bequests 0.446 An Coimisinéir Teanga 0.96 Waterways Ireland*** 36.5 An Foras Teanga, comprising: Foras na Gaeilge*** 15.84 Ulster-Scots Agency*** 0.99 *Allocation for Údarás na Gaeltachta — Administration. **Allocation for Dormant Accounts — Administration. ***Funding also provided by the Department of Culture, Arts and Leisure, Northern Ireland.

Calafoirt agus Céanna. 307. D’fhiafraigh Deputy Dinny McGinley den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an bhfuil iarratas ar dheontas ina Roinn le haghaidh obair dheisiúcháin ar ché (sonraí tugtha), cén uair a rinneadh an t-iarratas, an bhfuil meastachán faighte don obair, an gceadófar an deontas. [46048/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy Éamon Ó Cuív): Cheadaigh mo Roinn deontas \240,185 do Chomhairle Chontae Dhún na nGall i Márta 2008 le comh- airleoirí innealtóireachta a cheapadh chun doiciméid chonartha a ullmhú don ché atá luaite ag an Teachta. Tá an obair seo curtha i gcrích ag an gComhairle Contae faoin am seo agus tá iarratas ar cheadúnas imeall trá déanta i leith na forbartha. Ach an ceadúnas seo a bheith faighte, déanfar an cheist maidir le maoiniú a cheadú don togra a mheas i gcomhthéacs an tsoláthair iomláin a bheidh ar fáil do mo Roinn le caitheamh ar fhorbairt oileán i gcoitinne, ag tógáil san áireamh na tosaíochtaí agus na héilimh éagsúla a mbeidh gá freastal orthu.

Humanitarian Assistance Scheme. 308. Deputy Olwyn Enright asked the Minister for Social and Family Affairs the actions he intends to take in conjunction with all other relevant Departments to alleviate the hardship caused by flooding on the Shannon area; and if she will make a statement on the matter. [45291/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Government recognises the devastation suffered by people in many areas of the country as a result of the recent floods. Community Welfare Service staff throughout the country have been providing huge support to families every day since this flooding occurred. They have already provided emergency financial and other assistance to households affected by the flooding to cover items such as clothing, food, bedding, heating, hire of dehumidifiers and emergency accommodation needs. Community Welfare Officers have made over 1,000 initial emergency payments to people in areas impacted by flooding; the average payments being made at this stage are \350. Officers will continue to make these payments as long as there is a requirement to do so. 505 Questions— 8 December 2009. Written Answers

[Deputy Mary Hanafin.]

In addition to this, a Humanitarian Assistance Scheme has been set up to provide means- tested financial support to people who have suffered damages to their homes. An initial sum of \10million has been set aside by the Government for this purpose. As the flood waters abate and people assess the full extent of the damage to their homes, qualified households can claim for essential household items such as carpets, flooring, furniture and white goods. Assistance is available for structural repairs to homes not covered by household insurance. Costs of medical treatment and supplies may also be considered in determining assistance where medical cover is not already in place i.e. private health insurance or medical card. The level of payment available under the aid scheme to any qualified individual will depend on the severity of the damage to that person’s home and the extent of the loss experienced as well as household income and general family circumstances. The scheme provides hardship alleviation as opposed to full compensation. As on previous occasions, commercial or business losses are not covered by the scheme nor are losses which are covered by household insurance. Humanitarian assistance is not an alternative to insurance in cases where household insurance was available on a reasonable basis. However, where insurance cover is not available because of previous flooding claims, a person may claim humanitarian assistance. Assistance does not cover damage to private rented accommodation or local authority accommodation, though humanitarian assistance may be considered in the case of a tenant’s personal belongings. Applications under the scheme are being means tested to ensure that available assistance is prioritised for those who are most vulnerable. In addition to the means test, other factors will also be considered by the Community Welfare Service in assessing individual applications, including:

• Whether the applicant is or was homeless as a result of the flooding.

• Age profile of family members i.e. babies, young children or elderly persons.

• Availability of support from the wider family; and

• The special needs that people may have as a result of illness or disability. People seeking assistance should contact their local Community Welfare Office. Further information and applications forms in relation to the Humanitarian Assistance Scheme are available from the Community Welfare Service in the affected areas and from the Department’s website (www.welfare.ie ) and the HSE’s website (www.hse.ie). The Department and the Community Welfare Service of the HSE are both working with the Emergency Response Coordination Committee and the various statutory and other agencies working in this area, to ensure that the humanitarian assistance scheme will go towards alleviat- ing the hardship which many hundreds of families have had to endure.

Private Rented Accommodation. 309. Deputy Brian Hayes asked the Minister for Social and Family Affairs if she will give an undertaking that the Health Services Executive will engage with home owners who can demonstrate that they have not received rental payment from tenants, when such rental payments were to be paid directly to the home owner’s account and where this may not have occurred; and if she will make a statement on the matter. [45397/09]

506 Questions— 8 December 2009. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): The supplementary welfare allowance scheme, which includes rent supplement, is administered on behalf of the department by the Community Welfare Service of the Health Service Executive (HSE). The purpose of rent supplement is to provide short-term support to eligible people living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. Under the relevant legislative provisions, the Department’s relationship is with the tenant; the tenant makes the application for rent supplement and payment is made to the tenant. Rent supplement is specifically for the benefit of tenants to assist them with their accommodation needs. Legislation does however provide for the making of a rent supplement payment to another person on behalf of the recipient, at the tenant’s request and with the consent of the HSE. Almost 20,000 (21%) rent supplement payments are made to a person other than the rent supplemented tenant, for example to a relative, a landlord or landlord’s agent. It is open to the landlord to bring to the attention of the HSE any instance where a tenant is receiving rent supplement but is not paying their rent. Where a Community Welfare Officer becomes aware that a person receiving rent supplement is not using that supplement to meet housing costs, payment of the supplement is suspended and the matter investigated. Any over- payment of rent supplement incurred in circumstances of this kind may be recoverable from the tenant. Where a landlord has a grievance in relation to the non-payment of rent by a tenant, s/he may apply to the Private Residential Tenancies Board to have the dispute resolved through the board’s dispute resolution process.

Social Welfare Appeals. 310. Deputy Michael Ring asked the Minister for Social and Family Affairs the outcome of an appeal for mortgage interest supplement in respect of a person (details supplied) in County Mayo. [45463/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The supplementary welfare allowance scheme, which includes mortgage interest supplement, is administered on behalf of the department by the Community Welfare Service of the Health Service Executive. The Executive has advised that the person concerned has been awarded a mortgage interest supplement from the date of application in June 2009. She applied for an exceptional needs payment in respect of mortgage payments from January to June 2009. The Executive refused an exceptional needs payment as there were no arrears outstanding on the mortgage at the time of the application. An Appeals Officer of the Executive has advised that it has received an appeal from the person concerned but no decision has been made on the appeal to date. The person concerned will be contacted when the decision has been made on her appeal.

Social Welfare Benefits. 311. Deputy Arthur Morgan asked the Minister for Social and Family Affairs the criteria for the back to education allowance second level option; the meaning of particular courses not to be a progression in educational qualifications; the courses which fall under this category; and if she will make a statement on the matter. [45727/09]

507 Questions— 8 December 2009. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): The back to education allowance (BTEA) is a second chance educational opportunities scheme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, thereby, their prospects of returning to the active work force. It is paid at a standard weekly rate equivalent to the maximum rate of the relevant social welfare payment that quali- fies the applicant for participation in the scheme. It essentially replaces their existing social welfare income and, in addition, an annual \500 cost of education allowance is payable. Also, participants may continue to receive any secondary benefits to which they have been entitled. The second level option of the back to education allowance covers full-time second level courses of study at a recognised second level institute of education. Non-progression does not refer to specific course categories. To qualify for the back to education, an applicant must be progressing in education by reference to the national framework of qualifications. An applicant who wishes to pursue a course leading to a qualification at an equivalent or lower level than the qualification already held is not eligible for the back to education allowance. However, this condition can be waived in certain circumstances. Factors taken into account would include the length of time since obtaining the first qualification, efforts to get employment with the qualification already held and periods of unemployment since obtaining first qualification. The main consideration in such cases is that the proposed further qualification will substantially enhance the person’s employment prospects. In order to qualify for participation in the second level option, an applicant must be in receipt of a relevant social welfare payment for 3 months immediately prior to commencing the course. In the case of illness benefit, the qualifying period is two years. Periods spent on other relevant social welfare payments can count towards the two year qualifying period provided that at least 50% of the period was spent on illness benefit. People who are awarded statutory redundancy can access the scheme immediately, provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study. An applicant must be at least 21 years of age prior to commencing an approved course of study. However, recipients of illness and disability related payments can qualify at 18 years of age, as can lone parents and recipients of jobseekers’ payments who have been out of formal education for at least 2 years. The back to education allowance has an important role to play in enhancing the employ- ability skills of jobseekers. The conditionality of the scheme will continue to be monitored in the context of the objectives of the scheme and changes in the economic climate.

Humanitarian Assistance Scheme. 312. Deputy Finian McGrath asked the Minister for Social and Family Affairs if she will support a matter (details supplied). [45773/09]

335. Deputy John Cregan asked the Minister for Social and Family Affairs if, in the interest of fairness, she will consider carrying out an assessment of the cost of flood damage to the victims of the flood damage in Newcastle West, County Limerick on 31 July and 1 August 2008 above the assistance paid through the community welfare officers emergency funding to persons whose homes were damaged and who were relocated to alternative accommodation; if additional financial losses are identified and substantiated, that these persons would be compensated by way of the recently announced humanitarian assistance fund, in the same manner as the victims of the most recent flooding here are expected to be rightly compensated and as the residents of the East Wall area of Dublin, following a flooding episode in 2002; and if she will make a statement on the matter. [45807/09]

508 Questions— 8 December 2009. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 312 and 335 together. The Government recognises the devastation suffered by people in many areas of the country as a result of the recent floods. In view of the scale of the current floods the Government has set up a Humanitarian Assistance Scheme to provide means-tested financial support to people who have suffered damages to their homes from the current flooding. An initial sum of \10 million has been set aside by the Government for this purpose. The scheme will provide hardship alleviation as opposed to full compensation. As on previous occasions, commercial or business losses will not be covered by the scheme n or will losses which are covered by household insurance. Neither will it cover damage to private rented accommodation or local authority accommodation, though humanitarian assistance may be considered in the case of a tenant’s personal belongings. Applications under the scheme will be means tested to ensure that available assistance will be prioritised for those who are most vulnerable. The humanitarian assistance scheme offers emergency payments for clothing, food, bedding, heating, hire of dehumidifiers and emergency accommodation needs, replacement of essential household items such as carpets, flooring, furniture and white goods and assistance for structural repairs to homes. The objective is to address the hardship being experienced in the areas currently affected, because of the widespread impact of the floods in so many areas of the country, it was not the Government’s intention to re-open earlier cases of flooding and I do not consider that it would be appropriate to do so.

Social Welfare Benefits. 313. Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be awarded the one parent family allowance. [45310/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The person concerned has been awarded a one- parent family allowance payment at the weekly rate of \222.80 with effect from 1 October, 2009. Her first payment and any arrears due will issue shortly. Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Social Insurance. 314. Deputy Deirdre Clune asked the Minister for Social and Family Affairs her plans to maintain PRSI contributions and pension contributions for those in receipt of carers allowance; and if she will make a statement on the matter. [45313/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The social welfare pension rights of those who take time out of the workforce for caring duties are protected by the homemaker’s scheme which was introduced in and took effect from 1994. The scheme allows up to 20 years spent caring for children or incapacitated adults to be disregarded when a person’s social insurance record is being averaged for pension purposes. However, the scheme will not of itself qualify a person for a pension as the standard qualifying conditions must be satisfied. These require a person to enter insurance 10 years before pension age, pay a minimum of 260 contributions at the correct rate, and achieve a yearly average of at least 10 contributions

509 Questions— 8 December 2009. Written Answers

[Deputy Mary Hanafin.] on their record from the time they enter insurance until they reach pension age. The requirement for paid contributions will increase from 260 to 520 from 2012. There is also a number of other ways in which pension entitlements can be protected. People who qualify for payments such as carer’s allowance or carer’s benefit, subject to certain conditions, may qualify for credited contributions for the period they are receiving the payment. From June 2006, the number of hours a person can engage in employment, self employment, education or training outside the home and still be eligible for carer’s allowance, carer’s benefit and the respite care grant was increased from 10 to 15 hours per week. This means that where a carer remains in employment he or she will continue to pay the appropriate social insurance contribution. Also, any person, including a carer, may pay voluntary contributions once they satisfy certain qualifying conditions. The operation of the homemaker’s scheme was reviewed in the context of the Green Paper on Pensions, with particular regard being paid to the operative date of the scheme and the use of credits for pension purposes rather than the current system of disregards. Any changes to the scheme will be addressed as part of the national pensions framework which will be published in the near future.

Departmental Staff. 315. Deputy Eamon Gilmore asked the Minister for Social and Family Affairs the number of staff who received financial assistance to pursue courses in further or higher education in each of the past five years; the number of such staff who were subsequently re-assigned to duties appropriate to their new qualifications; and if she will make a statement on the matter. [45328/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The number of staff in my Department who have received financial assistance to pursue courses in further or higher education or support to participate in post graduate educational courses in the years 2004 to 2009 inclusive is 852 people. The breakdown of this figure is as follows:

Bodies funded from Vote Group of the Department of Community, Rural and Gaeltacht Affairs 2009

Year Staff

2003/2004 214 staff 2004/2005 168 staff 2005/2006 149 staff 2006/2007 106 staff 2007/2008 112 staff 2008/2009 97 staff

One of the conditions for receiving financial assistance is that courses must be relevant to the work and policies of the Department. Staff are deployed to fill vacancies as they arise and consideration is given to matching their skills and qualifications to the requirements of the job. Furthermore staff are given the opportunity to move between jobs in order to broaden their knowledge and to enhance their experience in the Department.

Social Welfare Appeals. 316. Deputy Michael Ring asked the Minister for Social and Family Affairs when an illness 510 Questions— 8 December 2009. Written Answers benefit appeal will be finalised in respect of a person (details supplied) in County Mayo.. [45370/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Enterprise Support Services. 317. Deputy Michael Ring asked the Minister for Social and Family Affairs the help that is available from her Department for a person planning to start their own business. [45371/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department operates two schemes to assist people on social welfare who wish to become self-employed; namely the Short Term Enterprise Allowance (STEA) and the Back to Work Enterprise Allowance (BTWEA). The short term enterprise allowance, introduced from 1 May 2009, provides immediate access to support where people who have lost their jobs and qualify for Jobseekers’ Benefit wish to set up a business. Payment under the scheme is at the same rate and for the same duration as their entitlement to Jobseeker’s Benefit. The Back to Work Enterprise Allowance is designed to provide a monetary incentive for people who are dependant on social welfare payments to develop a business while allowing them to retain a reducing proportion of their qualifying social welfare payment, plus secondary benefits, over two years; 100% in year 1 and 75% in year 2. In the case of jobseekers, the qualifying period required for access to the Back to Work Enterprise Allowance is 12 months, provided a person has an underlying entitlement to Jobseeker’s Allowance. Under both schemes, those taking up self-employment must first have their self-employment project approved as viable and sustainable. In partnership areas this will be done by the partnership company. In non-partnership areas it will be done by the Department’s local facilitator. Approval normally involves an interview with the applicant to assess the viability of the proposed project, to provide advice on funding or on “Start Your Own Business” courses and other relevant aspects. The Department provides further support to people who qualify for the short-term enterprise allowance (STEA) or the Back to Work Enterprise Allowance through the technical assistance and training scheme (TATS) under which a participant may qualify for a grant up to a maximum of \1,000 towards certain business start-up expenses. These include training (in areas such as book-keeping/accounts, preparation of business plans, marketing, literacy and computer training) and the purchase of small items of equipment. It is administered through the Depart- ment’s facilitator network based in social welfare local offices. Part of the facilitator service is the provision of detailed information on the supports available from the Department to people who are planning to start their own business.

Social Welfare Benefits. 318. Deputy Brian O’Shea asked the Minister for Social and Family Affairs her plans regarding the quarterly certification of all children that continue to reside here; if the cost of implementing this certification has been estimated; and if she will make a statement on the matter. [45395/09]

511 Questions— 8 December 2009. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Child Benefit scheme has, in recent years, experienced significant expansion in the volume of claims received, the rates of payment and the diversity of the customer base. The annual cost in 2008 was approx. \2.46 billion and the payment issues now for children of some 190 nationalities living in Ireland. Against this background, the control policy for the child benefit scheme has been reviewed to ensure that controls against fraud and abuse of the scheme continue to be effective and relevant. As a result of the review, enhanced and updated control measures have been devised. These include the issue, on a quarterly basis, of certificates to selected groups of customers for completion and return to the Department to confirm that they continue to satisfy the conditions for receipt of Child Benefit. In the case of non-Irish national recipients who are resident in Ireland with their children, certification that the children continue to reside here is required — the proof of such residence can be provided via details of the school or college their child attends or, if the child is not of school-going age, details of the doctor or cre`che they attend. This information is used to verify that the children are resident in Ireland, and for no other purpose. In the case of EU nationals who are working in Ireland but who have qualified children living in another EU state, certification by their employer of continuing employment is requested. This review process has initially focused on higher-risk categories of customer and will be expanded to include other customer groups in the future. Customers selected for the reviews have to date been selected largely from non-Irish nationals in receipt of Child Benefit, both those with children resident in Ireland and those working here whose children are resident outside of Ireland. In 2008 a total of 87,850 reviews were completed. In 2009 a total of 178,410 residency reviews and 70,772 employment reviews have been undertaken. The cost is an estimated \1 per transaction — including a postage-paid envelope for the customer’s reply. Savings in 2008 arising from the issue of the certificates were just under \27m. In 2009 to date, savings are \56m and are expected to be in the region of \60m by the end of the year. The Joint Committee on Social & Family Affairs Welfare Fraud report in September 2009 welcomed the introduction of the revised and more frequent residency and employment certification and was encouraged by the savings made so far as a result of these changes.

Social Insurance. 319. Deputy Joan Burton asked the Minister for Social and Family Affairs the annual cost of the PRSI allowance for each of the past five years; and the amount of revenue that would be raised in 2010 if the PRSI allowance was abolished. [45421/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The estimated cost of the abolition of the allowance is included in the annual PRSI ‘Ready Reckoner’—produced, and published, as part of the Budget process. It should be noted that these estimates are calculated with reference to macro economic projections by the Department of Finance for each Budget and therefore the circumstances underpinning the calculations can vary considerably from year to year. Current estimates indicate that the abolition of the \127 PRSI free allowance for Class A contributors would yield some \350 million additional contribution income in a full year.

Social Welfare Appeals. 320. Deputy John Deasy asked the Minister for Social and Family Affairs the different stages required to process social welfare appeals; the number of social welfare appeals processed in each of the past five years and to date in 2009; the number of appeals decided at each stage of the process in each of the past five years and to date in 2009; and if she will make a statement on the matter. [45482/09]

512 Questions— 8 December 2009. Written Answers

321. Deputy John Deasy asked the Minister for Social and Family Affairs the number of social welfare appeals received from persons in Waterford city and county in each of the past five years and to date in 2009; the number of appeals from persons in Waterford city and county decided at each stage of the appeals process in each of the past five years and to date in 2009; and if she will make a statement on the matter. [45483/09]

322. Deputy John Deasy asked the Minister for Social and Family Affairs the average time elapsing from receipt of social welfare appeals from persons in Waterford city and county in 2009 before reaching a decision; and if she will make a statement on the matter. [45484/09]

323. Deputy John Deasy asked the Minister for Social and Family Affairs the number of officers assigned to processing social welfare appeals in each of the past three years; the number currently assigned; and if she will make a statement on the matter. [45485/09]

324. Deputy John Deasy asked the Minister for Social and Family Affairs the number of oral hearings in respect of social welfare appeals in each of the past three years and to date in 2009; the number of appeals officers assigned to such hearings in each of the past three years; the number assigned at present; and if she will make a statement on the matter. [45486/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): It is proposed to take Ques- tions Nos 320 to 324, inclusive, together. The social welfare appeals process is quasi-judicial and the procedures are designed to ensure that every appellant’s case gets full and satisfactory consideration. I am advised by the Social Welfare Appeals Office that, on receipt of appeal, it is registered and, in accordance with statutory procedures, the appeal is then forwarded to the Local Office or line section involved to give the Deciding Officer an opportunity to comment on the grounds of appeal put forward by the appellant and to forward the relevant papers pertaining to the case. At this stage the Deciding Officer has an opportunity to review the decision in favour of the appellant in the light of new facts or evidence that may be produced by the appellant in the grounds of appeal. In cases where the Deciding Officer does not revise the original decision, the papers — comprising the case papers, the appellant’s grounds of appeal and the Deciding Officer’s rebuttal of these grounds — are assigned to an Appeals Officer who may decide the case summarily, usually where the facts of a case are not in dispute and there is sufficient documentary evidence, or s/he may decide that the case should be dealt with by way of an oral hearing. There are four ways an appeal may be disposed of — a revised decision by a Deciding Officer; a summary decision by an Appeals Officer, a decision by an Appeals Officer following an oral hearing or the appeal may be withdrawn. The following table sets out the figures in relation to the disposal of appeals for the last 5 years and to date in 2009.

Year (Total finalised Revised decision by Summary decision Decision by AO Withdrawn in brackets) DO by AO following oral hearing

2004 (14,089) 3,550 2,645 6,051 1,843 2005 (13,419) 3,302 2,839 5,645 1,633 2006 (14,066) 3,199 3,199 5,901 1,707 2007 (13,845) 3,419 3,200 5,538 1,688 2008 (15,724) 4,235 3,824 5,599 2,066 2009 (15,753)* 4,338 3,877 5,476 2,062 *To date (30/11/09).

513 Questions— 8 December 2009. Written Answers

[Deputy Mary Hanafin.]

I am advised by the Social Welfare Appeals Office that statistics are not maintained on a county by county basis and it is not in a position to supply the information sought by the Deputy in relation to Co. Waterford. The number of Appeals Officer employed in the Social Welfare Appeals Office is, 19 which is a whole time equivalent of 18.4. The corresponding figures were 17 and 16.4 for both 2007 and 2008 and 18 and 17.4 for 2006.

325. Deputy Joanna Tuffy asked the Minister for Social and Family Affairs if she will expedite an appeal against a decision not to award carer’s allowance in respect of a person (details supplied) in County Dublin; if she will grant an early oral hearing; the reason for the delay; and if she will make a statement on the matter. [45498/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): A carer’s allowance appeal, from the person concerned, was opened on 8 September 2009 and, I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Depart- ment have been received and the case has been referred to an Appeals Officer for consideration. As part of this consideration the Appeals Officer will decide if an oral hearing is appropriate in this case. There has been a 44% increase in the number of appeals received by the Social Welfare Appeals Office to the end of November 2009 when compared to the same period in 2008, which in itself was 27% greater than the numbers received in 2007. This has caused delays in the processing of appeals. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

326. Deputy Mattie McGrath asked the Minister for Social and Family Affairs if she will investigate the delay in finalising a social welfare appeal in respect of a person (details supplied) in County Tipperary; when this appeal will be finalised; and if she will make a statement on the matter. [45682/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, following receipt of the grounds of appeal from the person concerned, the relevant Departmental papers and comments of the Department have been sought. On receipt of its response the case will be referred to an Appeals Officer for early consideration. There has been a 44% increase in the number of appeals received by the Social Welfare Appeals Office to the end of November 2009 when compared to the same period in 2008, which in itself was 27% greater than the numbers received in 2007. This has caused delays in the processing of appeals. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

327. Deputy Mattie McGrath asked the Minister for Social and Family Affairs if she will investigate the delay in finalising a social welfare appeal in respect of a person (details supplied) in County Tipperary; when this appeal will be finalised; and if she will make a statement on the matter. [45683/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): An application for disability allowance, by the person concerned, was refused following an assessment by a Medical Assessor of the Department who expressed the opinion that he was medically unsuitable for the allowance. An appeal was opened and in the context of that appeal, his case was reviewed by a second Medical Assessor who also expressed the opinion that he was medically unsuitable for disability allowance.

514 Questions— 8 December 2009. Written Answers

I am advised by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office decided to afford the person concerned an opportunity of setting out the complete and up to date grounds of his appeal. In addition to his grounds of appeal the person concerned has submitted additional medical evidence which has been forwarded to the Medical Assessor for his opinion. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

328. Deputy Mattie McGrath asked the Minister for Social and Family Affairs if she will investigate the delay in finalising a social welfare appeal in respect of a person (details supplied) in County Tipperary; when this appeal will be finalised; and if she will make a statement on the matter. [45684/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Social Welfare Appeals Office has advised me that, following receipt of the relevant Departmental papers including comments on the grounds of appeal, the appeal from the person concerned has been referred to an Appeals Officer for consideration. There has been a 44% increase in the number of appeals received by the Social Welfare Appeals Office to the end of November 2009 when compared to the same period in 2008, which in itself was 27% greater than the numbers received in 2007. This has caused delays in the processing of appeals. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

329. Deputy Mattie McGrath asked the Minister for Social and Family Affairs if she will investigate the delay in finalising a social welfare appeal in respect of a person (details supplied) in County Tipperary; when this appeal will be finalised; and if she will make a statement on the matter. [45685/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, following receipt of the grounds of appeal from the person concerned, the relevant Departmental papers and comments of the Department have been sought. On receipt of its response the case will be referred to an Appeals Officer for early consideration. There has been a 44% increase in the number of appeals received by the Social Welfare Appeals Office to the end of November 2009 when compared to the same period in 2008, which in itself was 27% greater than the numbers received in 2007. This has caused delays in the processing of appeals. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

330. Deputy Mattie McGrath asked the Minister for Social and Family Affairs if she will investigate the delay in finalising a social welfare appeal in respect of a person (details supplied) in County Tipperary; when this appeal will be finalised; and if she will make a statement on the matter. [45686/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the evidence,

515 Questions— 8 December 2009. Written Answers

[Deputy Mary Hanafin.] including that adduced at an oral hearing, disallowed the appeal of the person concerned. The person concerned has been notified of the decision. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

331. Deputy Olwyn Enright asked the Minister for Social and Family Affairs the extra staff she has in place to process the backlog of social welfare appeals; the extra measures that are in place to assist in processing of same; and if she will make a statement on the matter. [45693/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am informed by the Social Welfare Appeals Office that they currently have 15,752 appeals on hands. This is an increase of 7,600 (93%) on the same period in 2008. This same period has seen the number of appeals received increase from 16,357 in November 2008 to 23,716 to November 2009, an increase of 7,359 (45%). I am concerned about these increases. In that connection, two additional Appeals Officers were appointed in January of this year. Since then, however, five Appeals Officers have retired and I am advised that the filling of these vacancies are dealt with as a matter of urgency as they arise. The matter of assigning additional Appeals Officers is kept under constant review but any consideration of extra assignments must be taken in the context of overall government policy on civil service numbers. I am also assured by the Chief Appeals Officer that he is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals. In that regard, since the beginning of the year, appeals are being rigorously vetted with a view to increasing the number of cases which can be determined by way of summary decision as opposed to holding an oral hearing. As a result, the number of oral hearings as a proportion of all appeals has fallen from 60% in 2008 to 58% to date this year. In addition, a number of administrative measures have been taken so as to further simplify, streamline and improve the appeals process. As a result of these measures, the number of appeals finalised so far this year has increased by 13% from 13,928 in the period 1/1/08 to 30/11/08 to 15,753 in the period 1/1/09 to 30/11/09. While improving processing times and introducing efficiencies remains a major objective of the Social Welfare Appeals Office, it is necessary at all times, given the quasi-judicial nature of the appeals process, to ensure that progress in this regard is achieved in a manner which is not in conflict with due process in terms of the rights of appellants and adherence to the requirements of natural justice.

Social Welfare Benefits. 332. Deputy John Deasy asked the Minister for Social and Family Affairs the number of non-Irish nationals in receipt of social welfare payments in Waterford city and county; the number of non-Irish nationals in receipt of each type of social welfare payment in Waterford; the top 12 countries of origin by number of non-Irish nationals in receipt of social welfare payments in Waterford; and if she will make a statement on the matter. [45756/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Social Welfare payments are contingency-based, for example, unemployment, sickness, retirement etc. Any person who satisfies all the conditions for a particular scheme is entitled to that payment regardless of their nationality and the Department has no business requirement to maintain payment statistics based on the nationality of the recipient. The requirement to be habitually resident in Ireland

516 Questions— 8 December 2009. Written Answers was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1st May 2004. The five factors considered in determining habitual residence are: length and continuity of residence; length and purpose of any absence from the State; the nature and pattern of the person’s employment; future intentions; and centre of interest (e.g. family, home, connections). Statistical data on the Live Register is compiled and published by the Central Statistics Office. This data is sourced from information collected on the nationality of claimants when they first sign on the Live Register.

Social Welfare Code. 333. Deputy Róisín Shortall asked the Minister for Social and Family Affairs further to Parliamentary Question No. 264 of 1 December 2009, if she will provide the information requested; if she will explore the way in which family payments in Spain are made in respect of resident children only; and if a similar rule can be applied in legislation here. [45798/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Under Spanish legislation it is a condition for receipt of child benefit that the child is resident in Spain. The payments are also means tested. There are similar residency provisions in the Social Welfare Consolidation Act 2005 which, amongst other things, defines a qualified child for Irish child benefit purposes as one who is “ordinarily resident in the State”. In general, child benefits are family benefits for the purposes of regulation EC 1408/71, which is designed to coordinate the social security entitlements of employed and self-employed persons moving within the European Community. Article 73 of this Regulation provides that “an employed or self-employed person subject to the legislation of a Member State shall be entitled, in respect of the members of his family who are residing in another Member State, to the family benefits provided for by the legislation of the former State, as if they were residing in that State.” This Regulation has direct effect and so overrides the residency conditions in domestic legislation for those covered by the Regulation. It is understood that, with the exception of some one-off payments made on the birth of third and subsequent children, Spanish family benefits are fully covered by EC Regulation 1408/71. Accordingly, as with Irish child benefit, residency conditions cannot be applied in respect of non-resident children where their parents or guard- ians come within the terms of the EC Regulation in question.

Departmental Staff. 334. Deputy Michael Ring asked the Minister for Social and Family Affairs if she is satisfied with the work practices and procedures in a section (details supplied) in view of the fact that the section claims not to have received information from several persons; if she will instigate a review of the postal log operated in that section; and if she will make a statement on the matter. [45801/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Child Benefit receives in the region of two million items of post every year. While it is inevitable that errors will occur in the handling of such high volumes, I have been assured that adequate procedures are in place to ensure that any such errors are kept to an absolute minimum.

Question No. 335 answered with Question No. 312.

517 Questions— 8 December 2009. Written Answers

336. Deputy Michael Ring asked the Minister for Social and Family Affairs if a release date been sought in the case of a person (details supplied) in County Mayo in order that their request for a lateral transfer will proceed; when the release date was sought; and when this person may expect the transfer to proceed. [45840/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The person concerned is currently serving in the Sligo office of the Department. At this time, the business requirements of the Sligo office are such that the Department is not in a position to facilitate the transfer of the person concerned until such time as a suitable replacement has been sourced.

Departmental Bodies. 337. Deputy Damien English asked the Minister for Social and Family Affairs if she is committed to maintaining funding levels at an organisation (details supplied) in County Meath through her Department; and if she will make a statement on the matter. [46014/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Report of the Special Group on Public Service Numbers and Expenditure Programmes made a range of recommendations relating to the Department of Social and Family Affairs including recommendations relating to the Family Support Agency and its programmes. The Department will consider, as part of the Estimates and budgetary process for 2010, the Report’s recommendations and decisions on all of the issues arising will be a matter for Government. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes.

Social Welfare Appeals. 338. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when a respite care grant will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [46027/09]

Defence Forces Recruitment. 339. Deputy Jimmy Deenihan asked the Minister for Defence the nature of vetting procedures applied to applicants when they join the Permanent or Reserve Defence Forces in view of reports concerning the alleged involvement of a small number of individuals in these forces; when the vetting procedures were last reviewed and revised; when he intends to introduce new or updated vetting procedures; the nature of changes made to those vetting procedures; and if he will make a statement on the matter. [45289/09]

Minister for Defence (Deputy Willie O’Dea): The position is that potential candidates for positions in the Defence Forces are required to complete and sign a Garda Vetting Application Form. This form pursuant to Section 8 of the Data Protection Act, 1988, authorises the Garda Síochána to furnish to the Defence Forces either, a statement that there are no convictions

518 Questions— 8 December 2009. Written Answers recorded against a candidate, or a statement of convictions, as the case may be. In the case of candidates under 18 years of age, his/her parent or guardian is required to complete the Consent Form. The Garda Síochána Vetting System is a function of the Department of Justice. Vetting procedures are processed through the Garda Central Vetting Unit, in Thurles, Co. Tipperary. These procedures were reviewed and revised in 2007. As a result from February 2008 vetting is now conducted centrally rather than on a local basis as had previously been the case.

340. Deputy Thomas Byrne asked the Minister for Defence the position regarding the case of a person (details supplied) in County Meath who has gone through the interview process to join the Army; and when the moratorium on recruitment to the Defence Forces will be lifted. [45311/09]

Minister for Defence (Deputy Willie O’Dea): In the context of the Government Decision on the implementation of savings measures on public service numbers and the reduced budgetary provision available for 2009, recruitment to the Permanent Defence Force has been suspended. As I have already stated in the House I have made a submission to my colleague the Minister for Finance regarding the implications of the measures for the Permanent Defence Force. My focus is on the ongoing operational capability of the Defence Forces. The question of limited exceptions to the application of the measures arises in this regard. It is however too early to confirm the position in relation to further recruitment. I am unable to comment on the individual case to which you refer as it is the policy of the Department of Defence to treat all applications for enlistment in the Defence Forces as strictly private and confidential.

Departmental Staff. 341. Deputy Eamon Gilmore asked the Minister for Defence the number of staff who received financial assistance to pursue courses in further or higher education in each of the past five years; the number of such staff who were subsequently re-assigned to duties appropriate to their new qualifications. [45320/09]

Minister for Defence (Deputy Willie O’Dea): The number of staff in my Department who received financial assistance to pursue courses in further or higher education in each of the past five years is detailed in the following table:

Academic Year Number of Staff

2004/2005 17 2005/2006 14 2006/2007 10 2007/2008 8 2008/2009 12

The Performance Management and Development System (PMDS) provides a framework within which the training and development needs of staff can be identified. My Department’s focus is on facilitating staff in building appropriate skills and expertise in their current areas of responsibility. It achieves this through targeted training programmes and by reimbursing fees where appropriate under the Refund of Fees Scheme. It is a condition of the Scheme that staff are only authorised to attend courses that contribute to the business needs of the Department in the grade and post in which they are serving. 519 Questions— 8 December 2009. Written Answers

Overseas Missions. 342. Deputy Jimmy Deenihan asked the Minister for Defence the budgetary cost of continuing Ireland’s involvement in MINURCAT in Chad for the 2010 budgetary year; the costs involved in the termination of the mission as per the scheduled date; if he has published figures to date, included the costs of either; and if he will make a statement on the matter. [45351/09]

Minister for Defence (Deputy Willie O’Dea): Following on from Ireland’s participation in the EU-led mission to Chad, the mandate of which expired on 14 March 2009, Ireland’sinitial commitment to the follow-on United Nations Mission in the Republic of Chad and the Central African Republic (MINURCAT) is for a period of 1 year to 14 March 2010. The additional annual costs to the Defence Vote arising from participation in the MINUR- CAT mission in Chad amounts to some \16.2m. The UN reimburses some of the costs of participation through a daily payment in respect of troops and wet lease payments in respect of agreed equipment. Reimbursement by the UN for troop and equipment costs for the MIN- URCAT mission is estimated at \8.6m for a twelve month period. As such, net of UN reim- bursements, the annual additional cost to the Defence Vote of participation in MINURCAT is \7.6m approx (net of UN). Should the Government decide to withdraw from Chad upon the expiration of Ireland’s initial commitment to MINURCAT mission on 14 March 2010, the costs of repatriation of troops and equipment from the now UN-led mission would be met by the UN. Withdrawal from MINURCAT would result in a net saving to the Defence Vote of approximately \8.0m per annum.

Irish Red Cross. 343. Deputy Brian O’Shea asked the Minister for Defence if his attention has been drawn to the fact that the Irish Red Cross intends to introduce compulsory redundancies together with pay cuts, pension benefit reductions, pension contribution increases, reduction in time of lieu and abolition of privilege days for staff; and if he will make a statement on the matter. [45400/09]

Minister for Defence (Deputy Willie O’Dea): The Irish Red Cross Society is an autonomous body, established by the Irish Red Cross Society Order 1939 pursuant to the Red Cross Act, 1938. As the Society is an independent, self-governing charitable institution, I have no responsibility for the day-to-day running of the organisation. Therefore, I have no involvement in the matters raised by the Deputy. However, as we are all aware, many organisations are currently faced with difficult financial constraints and it is incumbent on all of them to manage their affairs to minimise the effects of the recession. As is the case in many organisations, the Society must take whatever steps it deems necessary to ensure its financial viability.

344. Deputy Brian O’Shea asked the Minister for Defence if is satisfied the Irish Red Cross have appropriate plans and structures in place to disburse the moneys being collected to deal with the national flood emergency; and if he will make a statement on the matter. [45407/09]

Minister for Defence (Deputy Willie O’Dea): As you are aware, the Irish Red Cross Society is an autonomous body, established by the Irish Red Cross Society Order 1939 pursuant to the Red Cross Act, 1938. The Central Council of the Society (as provided for in the Order) controls and manages the affairs of the organisation. Therefore, I have no responsibility for the day to day running of the Society.

520 Questions— 8 December 2009. Written Answers

The Society has vast experience and a proven record of handling the aftermath of disasters and disbursing monetary relief to victims and I have no doubt that this expertise will be brought to bear in the best possible way on this occasion. Their plans and structures are highly developed and well tested. Such plans and structures will be tailored to meet the specific requirements of the current flooding crisis. It should be noted that the funds to be administered in this instance are funds raised on foot of a public appeal by the Society and are not Govern- ment funds and therefore I do not exercise any discretion over the manner in which they may be distributed. The Society has previously administered flood schemes on behalf of the Government and it did so with acknowledged efficiency, effectiveness and minimal bureaucracy. In recent years, the Irish Red Cross Society has also administered many millions in overseas aid and donations as well as sophisticated bilateral and multilateral aid programmes. Its reputation in these areas is considerable. Having regard to this fact I have no reason to doubt that the Society can administer its own flood scheme in a similar fashion.

Local Government Charges. 345. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the amount received under the non-principal private residence charge by each local authority; the amount each authority will receive; and if he will make a statement on the matter. [45409/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The total received in respect of the non-principal private residence charge under the Local Government (Charges) Act 2009 was \51,780,220 on 7 December 2009. The following table shows the breakdown of this amount across each local authority.

Non-Principal Private Residence Charge Amounts raised as at 7 December 2009

Amount

Dublin City Council 9,428,140 Cork County Council 4,092,960 Kerry County Council 2,621,300 Fingal County Council 2,618,420 Dun Laoghaire Rathdown County Council 2,382,020 Wexford County Council 2,253,040 Donegal County Council 2,021,640 South Dublin County Council 1,972,360 Cork City Council 1,861,800 Galway County Council 1,697,020 Galway City Council 1,716,820 Clare County Council 1,682,980 Mayo County Council 1,581,560 Kildare County Council 1,570,400 Wicklow County Council 1,266,920 Limerick County Council 1,201,040 Limerick City Council 1,074,960 Meath County Council 1,070,700 Louth County Council 917,360

521 Questions— 8 December 2009. Written Answers

[Deputy John Gormley.] Amount

Sligo County Council 850,220 Westmeath County Council 811,160 Waterford City Council 743,400 Kilkenny County Council 663,840 South Tipperary County Council 662,120 Waterford County Council 638,860 Roscommon County Council 609,220 Cavan County Council 563,440 Laois County Council 546,360 North Tipperary County Council 527,180 Carlow County Council 495,000 Offaly County Council 462,800 Leitrim County Council 450,220 Longford County Council 402,400 Monaghan County Council 322,560

346. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the number of persons who have paid the non-principal private residence charge; the number of persons who have paid for one unit, for two to five units, for six to ten units and for over ten units; and if he will make a statement on the matter. [45410/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The latest information available to me in relation to the number of persons who have paid for more than one property under the non-principal private residence charge is as of 18 November 2009 and is set out in the following table.

Total number of persons Number of persons who Number of persons who Number of persons who who have paid the NPPR have paid for 1 unit have paid for 2 to 10 units have paid for over 10 units charge

134,727 98,501 34,792 1,434

Departmental Staff. 347. Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government the number of staff who received financial assistance to pursue courses in further or higher education in each of the past five years; the number of such staff who were subsequently re-assigned to duties appropriate to their new qualifications. [45323/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): A significant theme of my Department’s Human Resource Strategy is to support the process of ongoing learning, thus ensuring that staff are empowered to reach their full potential and that the Department has the capacity and skills base to address specific organisational needs. In support of this objective, the Department provides for a variety of training and development opportunities, including on the job training, skill specific training, and training to support the implementation of specific organisational objectives. 522 Questions— 8 December 2009. Written Answers

The Department operates a “Refund of Fees” scheme whereby staff can avail of financial assistance to attend further education courses that are beneficial to the work of the Depart- ment. Such courses include further education opportunities in areas such as policy analysis, economics, public administration etc. Such development opportunities ensure that staff are equipped with the skill set and experience to deal with the many different aspects of work being undertaken in the Department. The majority of staff attend such part time courses in their own time. Details of the number of staff who have received financial assistance to pursue courses in further or higher education during the academic years 2004 to date are set out in the following table.

Academic Year Number of staff who received financial assistance

2004/2005 92 2005/2006 80 2006/2007 68 2007/2008 67 2008/2009 80

Staff assignments in my Department are influenced by a variety of considerations including specific business requirements, and ongoing development and mobility opportunities for all staff. In this context, experience and educational qualifications are taken into account.

Private Residential Tenancies Board. 348. Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the reason no legal arbitrator or independent appeals body exists to mediate between two groups (details supplied). [45365/09]

349. Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government his views on establishing an independent appeals body to mediate between two groups (details supplied). [45366/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 348 and 349 together. My Department’s involvement with the voluntary and co-operative housing schemes relates primarily to the provision of funds for individual projects. The detailed administration of the schemes, and the certification that projects comply with the terms and conditions of the funding schemes, are the responsibility of the local authority. Approved housing bodies are responsible for the proper management of dwellings provided under the terms of the funding schemes and for compliance with all relevant statutory requirements. In February 2009, I announced my intention to review the provisions of the Residential Tenancies Act 2004 under which the Private Residential Tenancies Board (PRTB) operates. The purpose of this review is to consider whether the Act best supports the PRTB’s key functions and whether legislative amendments would support either the achievement of additional operational efficiencies by the PRTB in the delivery of those functions or the broader good working of the private rented sector. I recently announced the preliminary results of this review, details of which are available on my Department’s website, www.environ.ie. 523 Questions— 8 December 2009. Written Answers

[Deputy Michael Finneran.]

The review recommends, inter alia, the inclusion within the remit of the Residential Tenanc- ies Act of those segments of the voluntary and co-operative housing sector that most closely parallel the current remit of the Act. While a range of issues still remain to be considered, I intend to initiate a comprehensive piece of amending legislation to give effect to the outcome of the review within the next 12 months.

Local Government Charges. 350. Deputy Olivia Mitchell asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that he indicated in a Dáil debate (details supplied) that this tax would be deductible as a normal business expense and that this now appears not to be the case; and if he will make a statement on the matter. [45414/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The charge on all non-principal private residences, which is set at \200 per dwelling, is payable by the owners of private rented accommodation, holiday homes and other non-principal residences. Under the provisions of the Act, any property which is liable for commercial rates is exempt from this charge. The question of whether or not the charge is tax-deductible is a matter for the Revenue Com- missioners.

Social and Affordable Housing. 351. Deputy Kathleen Lynch asked the Minister for the Environment, Heritage and Local Government when the clawback provisions regarding affordable houses will come into effect; and if he will make a statement on the matter. [45429/09]

353. Deputy Kathleen Lynch asked the Minister for the Environment, Heritage and Local Government if the Housing (Miscellaneous Provisions) Act 2009 replaces the clawback provision with the State taking an equity share in the property and allowing the purchaser to buy out the remaining equity in steps or at the end of a fixed period, in view of the current economic climate; if this measure will be available to owners under the existing affordable housing schemes; and if he will make a statement on the matter. [45441/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 351 and 353 together. Houses sold to first time buyers under the various affordable housing schemes at a significant discount from market value contain a clawback provision, in order to prevent short-term profit taking on the resale of the house, to the detriment of the objectives of the schemes. There are no plans to abolish the claw-back arrangements for owners of homes already purchased under the existing affordable housing schemes. Provision has been made in the Housing (Miscellaneous Provisions) Act 2009 for the introduction of new Affordable Dwelling purchase arrangements to replace existing affordable housing schemes. Under these, the purchase transaction will be largely unchanged from the affordable purchaser’s perspective. However, instead of units being sold at a discounted price, with the value of the discount being subject to a reducing clawback, the State will take an equity stake in affordable units sold. The purchaser will have the option of either buying out the remaining equity in steps or at the end of a fixed period.

524 Questions— 8 December 2009. Written Answers

This new provision has not yet been commenced and I am keeping the timing of its commencement under review having regard to the evolution of the housing market generally. Until the new arrangements are formally commenced, the existing clawback arrangements will continue to apply in relation to the purchase of affordable housing.

352. Deputy Róisín Shortall asked the Minister for the Environment, Heritage and Local Government the number of units provided under the social housing leasing initiative broken down by local authorities and housing associations and their locations; the number of proposed units under consideration under the initiative; and the timeframe for the occupation of same. [45431/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): To date, some 1,660 units, across 23 housing authority areas, have been approved by my Department under the Social Housing Leasing Initiative. This comprises 1,309 properties in respect of which full funding approval has issued and a further 351 units in respect of which provisional approval has issued. A further 23 proposals are also under consideration by my Department. A breakdown by housing authority and approved housing body of the 1,660 properties in respect of which approval has been issued is set out in the following table. The timeframe for the occupation of these units will vary from project to project dependent on the pace of negotiations and whether the necessary legal agreements have been finalised.

Breakdown by housing authority

Local Authority Operational Funding Provisional Total

Cork City Council 50 50 Cork County 387 72 459 Donegal CC 22 22 Drogheda UC 12 12 Dublin City 45 256 301 Fingal County Council 97 97 Kildare CC 56 56 Laois CC 42 14 56 Leitrim CC 10 10 Limerick CC 24 24 Longford CC 55 Mayo CC 20 20 Meath CC 74 43 117 Monaghan CC 21 21 New Ross TC 99 Offaly CC 16 16 Roscommon CC 6 6 South Dublin 100 20 120 Templemore TC 20 20 Waterford City 27 27 Westmeath CC 43 43 Wexford CC 14 14

Total 230 966 309 1,505

525 Questions— 8 December 2009. Written Answers

[Deputy Michael Finneran.]

Breakdown by approved housing body

Body Area Operational Funding Provisional Total

Cluid Cork County 28 28 Helm Drogheda 12 12 Helm Dundalk 8 8 Helm Offaly 21 21 Helm Westmeath 22 22 The Iveagh Trust Dublin City 64 64

Total 113 42 155

Question No. 353 answered with Question No. 351.

Fire Stations. 354. Deputy Brendan Howlin asked the Minister for the Environment, Heritage and Local Government the number of fire stations in each county and their location; the number of full- time and part-time crew assigned to each station; and if he will make a statement on the matter. [45459/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The number and locations of fire stations in each county are set out in the following tables below. The number of fire personnel in each fire station is not available in the Department. This is a matter for each fire authority.

Table A: Fire Stations

Number of Stations

Carlow 4 Cavan 12 Clare 7 Cork* 23 Donegal 16 Dublin* 14 Galway* 10 Kerry 10 Kildare 6 Kilkenny 7 Laois 8 Leitrim 5 Limerick* 7 Longford 5 Louth 5 Mayo 19 Meath 7 Monaghan 5 Offaly 8 Roscommon 6

526 Questions— 8 December 2009. Written Answers

Number of Stations

Sligo 4 Tipperary (North and South) 12 Waterford* 10 Westmeath 4 Wexford 5 Wicklow 10

229 *Includes both City and County.

Table B: Fire Stations in each county/city

Number of Stations

Carlow Bagnelstown (Mhuine Beag) Retained Carlow Retained Hacketstown Retained Tullow Retained

Cavan Arva Retained Bailieborough Retained Ballyconnell Retained Ballyjamesduff Retained Belturbet Retained Cavan Retained Cootehill Retained Dowra Retained Killeshandra Retained Kingscourt Retained Shercock Retained Virginia Retained

Clare Ennis Retained Ennistymon Retained Kilkee Retained Killaloe Retained Kilrush Retained Scarriff Retained Shannon Retained

Cork Ballincollig Retained Bandon Retained Bantry Retained Carrigaline Retained Castletownbere Retained Charleville Retained City HQ, Full Time City Ballyvolane Full Time

527 Questions— 8 December 2009. Written Answers

[Deputy Michael Finneran.] Number of Stations

Clonakilty Retained Cobh Retained Crosshaven Retained Dunmanway Retained Fermoy Retained Kanturk Retained Kinsale Retained Macroom Retained Mallow Retained Midleton Retained Millstreet Retained Mitchelstown Retained Schull Retained Skibbereen Retained Youghal Retained

Donegal Aran Mor Voluntary Ballyshannon Retained Buncrana Retained Bundoran Retained Carndonagh Retained Donegal Town Retained Dungloe Retained Falcarragh Retained Glencolmcille Retained Glenties Retained Gweedore Retained Killybegs Retained Letterkenny Retained Milford Retained Moville Retained Stranorlar Retained

Dublin Balbriggan Retained Blanchardstown Full Time Dolphins Barn Full Time Donnybrook Full Time Dun Laoghaire Full Time Finglas Full Time Kilbarrack Full Time North Strand Full Time Phibsboro Full Time Rathfarnham Full Time Skerries Retained Swords Full Time Tallaght Full Time Tara St. Full Time

528 Questions— 8 December 2009. Written Answers

Number of Stations

Galway Athenry Retained Ballinasloe Retained Cliften Retained Galway City Full Time Gort Retained Inis Mor Retained Loughrea Retained Mountbellew Retained Portumna Retained Tuam Retained

Kerry Ballybunion Retained Caherciveen Retained Castleisland Retained Dingle Retained Kenmare Retained Killarney Retained Killorglin Retained Listowel Retained Sneem Retained Tralee Retained

Kildare Athy Retained Leixlip Retained Maynooth Retained Monasterevin Retained Naas Retained Newbridge Retained

Kilkenny Callan Retained Castlecomer Retained Freshford Retained Graiguenamanagh Retained Kilkenny City Retained Thomastown Retained Urlingford Retained

Laois Abbeyleix Retained Durrow Retained Mountmellick Retained Mountrath Retained Portarlington Retained Portlaoise Retained Rathdowney Retained Stradbally Retained

529 Questions— 8 December 2009. Written Answers

[Deputy Michael Finneran.] Number of Stations

Leitrim Ballinamore Retained Carrick Retained Drumshanbo Retained Manorhamilton Retained Mohill Retained

Limerick Abbeyfeale Retained Cappamore Retained Foynes Retained Kilmallock Retained Limerick City Full Time Newcastlewest Retained Rathkeale Retained

Longford Ballymahon Retained Edgeworthstown Retained Granard Retained Lanesboro Retained Longford Retained Ardee Retained Carlingford Retained Drogheda Combined Dundalk Combined Dunleer Retained

Mayo Achill Retained Balla Retained Ballina Retained Ballinrobe Retained Ballycastle Retained Ballyhaunis Retained Belmullet Retained Castlebar Retained Charlestown Retained Claremorris Retained Crossmolina Retained Foxford Retained Keel Retained Kiltimagh Retained Knock Retained Louisburgh Retained Newport Retained Swinford Retained Westport Retained

530 Questions— 8 December 2009. Written Answers

Number of Stations

Meath Ashbourne Retained Dunshaughlin Retained Kells Retained Navan Retained Nobber Retained Oldcastle Retained Trim Retained

Monaghan Ballybay Retained Carrickmacross Retained Castleblaney Retained Clones Retained Monaghan Retained

Offaly Banagher Retained Birr Retained Clara Retained Daingean Retained Edenderry Retained Ferbane Retained Kilcormac Retained Tullamore Retained

Roscommon Ballaghaderreen Retained Boyle Retained Castlerea Retained Elphin Retained Roscommon Retained Strokestown Retained

Sligo Ballymote Retained Enniscrone Retained Sligo Retained Tubbercurry Retained

Tipperary Borrisokane Retained Cahir Retained Carrick on Suir Retained Cashel Retained Clonmel Retained Cloughjordan Retained Nenagh Retained Newport Retained Roscrea Retained Templemore Retained Thurles Retained

531 Questions— 8 December 2009. Written Answers

[Deputy Michael Finneran.] Number of Stations

Tipperary Town Retained Waterford Ardmore Retained Cappoquin Retained Dungarvan Retained Dunmore East Retained Kilmacthomas Retained Lismore Retained Portlaw Retained Tallow Retained Tramore Retained Waterford City Full Time

Westmeath Athlone Retained Castlepollard Retained Kilbeggan Retained Mullingar Retained

Wexford Bunclody Retained Enniscorthy Retained Gorey Retained New Ross Retained Wexford Retained

Wicklow Arklow Retained Baltinglass Retained Blessington Retained Bray Retained Carnew Retained Dunlavin Retained Greystones Retained Rathdrum Retained Tinahely Retained Wicklow Retained

Planning Issues. 355. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the population targets for the urban centres outlined in the national spatial strategy; the way these targets were set; if targets are on course to be met in view of the rapid change in the economy here; and if he will make a statement on the matter. [45469/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The 2002 National Spatial Strategy (NSS) set out a number of population scenarios to 2020 based on different growth trends to assist regional and planning authorities in achieving a better balance of social, economic and physical development across the country and in building critical 532 Questions— 8 December 2009. Written Answers mass in the Gateways and Hubs to act as drivers of growth for their hinterlands and wider regions. The 2004 Regional Planning Guidelines (RPGs), which are currently being reviewed by regional authorities for adoption of new, updated RPGs in 2010, translate the NSS objectives into concrete actions at regional and local level. The Planning and Development Act requires that the RPGs must address, inter alia, projected population trends and in this context the 2004 RPGs, having regard to the population scenarios set out in the NSS, proposed population distributions for key urban centres in the respective regions in order to guide development within the overall regional and national strategic policy framework. Building on the detailed regional data gathered in the 2006 Census, my Department published national population projections to 2021 in February 2007. In light of the changed economic climate and the likely impact of reduced in-migration, rising unemployment and a more constrained financial situation on demographic trends, my Department reviewed and updated these national projections in January 2009 and included regional population targets for the years 2010, 2016 and 2022. In October 2009, my Department published Gateway and Hub population targets derived from the updated national and regional population targets. It is a matter for each Regional Authority together with the constituent City and County Councils to determine population targets for county towns, other smaller towns, villages and rural areas, within their respective regional targets. Regional authorities are now required to incorporate these targets and settlement guidance into the forthcoming Regional Planning Guidelines, and the new Planning and Development (Amendment) Bill 2009 will require that development plan core strategies use these regional targets in defining future demand and priorities, thus providing for closer alignment between national, regional and local plans.

Local Authority Boundaries. 356. Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Govern- ment further to Parliamentary Question No. 146 of 4 March 2009, when he expects to finalise his proposals on boundary extensions; if these proposals will have implications for local authorities in County Clare; and if he will make a statement on the matter. [45490/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I believe that there is a need for much greater coherence in relation to the governance of Limerick, and my Department has been considering the issues involved as part of the process of developing the White Paper on Local Government. The Government is giving active consideration to a range of issues in relation to local government, including how best to provide the optimal arrangements for the governance of Limerick. I will make an announcement in this regard as soon as possible.

Flood Relief. 357. Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government when consent will be given to proposed works (details supplied); and if he will make a statement on the matter. [45512/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I understand that the Office of Public Works is proposing to undertake some works to alleviate flooding in the area in question. My Department’s role is to advise on the assessment of the

533 Questions— 8 December 2009. Written Answers

[Deputy John Gormley.] impacts of the proposed works as they relate to habitats and species. The advice will be communicated to the OPW as soon as possible.

Departmental Regulations. 358. Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government if he will have laid before Dáil Éireann a copy of the regulations and guidelines governing water levels in the River Lee and on the Shannon rivers arising from the hydroelectric schemes built on these rivers; and if he will make a statement on the matter. [45664/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Primary responsibility for regulating water levels arising from hydroelectric schemes rests with the Electricity Supply Board (ESB). Under Section 34 of the Electricity (Supply) (Amendment) Act 1945, the ESB has the power to alter and control water levels in relation to hydroelectric schemes. I understand that the Shannon’s management and operational regime is set out in an ESB publication entitled Regu- lations and Guidelines for Control of the River Shannon.

Waste Management. 359. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government his policy on waste to energy facilities; and if he will make a statement on the matter. [45672/09]

360. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if Dublin City Council has followed his policy in the promotion of waste to energy treatment; and if he will make a statement on the matter. [45673/09]

361. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if Dublin City Council was within its power to enter into contract in respect of the provision of waste to energy to Poolbeg, Dublin 4; and if he will make a statement on the matter. [45674/09]

362. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the potential cost to the taxpayer in reducing the waste tonnage or the alteration of the contract of the provision of waste to energy facility at Poolbeg, Dublin 4; if he is prepared to underwrite that cost; and if he will make a statement on the matter. [45675/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 359 to 362, inclusive, together. Waste management planning is the statutory responsibility of local authorities, usually acting in regional groupings. Infrastructure projects are generally advanced by private sector service providers or by local authorities, including by way of a public private partnership. It is a matter for the promoters of such projects to seek and obtain the necessary regulatory approvals i.e. planning permission and a waste licence. In carrying out their functions, planning authorities, including An Bord Pleanála, and the EPA in regard to waste licensing, act independently of the Minister. Government policy in relation to waste management is grounded in the internationally recognised hierarchy of waste options. The most favoured option is waste prevention, followed by minimisation, reuse, recycling, recovery and the least favoured option of disposal to landfill.

534 Questions— 8 December 2009. Written Answers

This commitment to the waste hierarchy has added significance in the context of the requirements of the EU Landfill Directive to divert waste from landfill. Meeting this obligation will entail doubling the level of diversion from landfill by 2010 and further increases in diversion in subsequent years. The Programme for Government agreed in 2007 included a number of objectives relating to waste management, among them a commitment to carry out an international review of waste management plans, practices and procedures and to act on the conclusions. An important milestone was reached recently with the delivery of the report of consultants engaged to carry out a study to underpin the conclusion of the review. This report is the launching pad for putting in place the policies that we now need to mark a new departure in our approach to waste management. I intend to develop new legislation and a new policy statement on waste management to give effect to recommendations in the report, which I shall bring to Govern- ment as soon as possible in 2010. This will set a policy context which will ensure that waste management services are delivered by the public and private sectors in an environmentally progressive and cost efficient manner. As I have previously indicated, in terms of the capacity of the proposed Poolbeg facility, it is my understanding that the quantities of residual waste currently being collected by the Dublin local authorities may not be sufficient to meet the volumetric contractual commitment which forms part of the public private partnership agreement between Dublin City Council and its private partner. We have recently seen further increases in recycling rates in Dublin, with a corresponding drop in residual waste volumes. In addition, the implementation of the recommendations of the review consultants’ report would have the effect of further reducing the volumes of residual waste generated and driving more waste towards recycling. In these circumstances I have decided that the most appropriate course of action is to appoint an authorised person under section 224 of the Local Government Act 2001 to conduct a review of the parameters of the Poolbeg project. It remains open to Dublin City Council to engage with my Department to discuss any adjustment to the project which might be necessary to bring it into line with the emerging reality of the waste market and waste policy generally.

Flood Relief. 363. Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if he intends to initiate an independent inquiry into water management in the River Lee as proposed (details supplied); if so, the terms of reference; when the inquiry will commence; when a report will be issued regarding the inquiry; and if he will make a statement on the matter. [45678/09]

370. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government if an independent inquiry will be carried out into the flooding incident that occurred in Cork city on 19 November 2009; and if he will make a statement on the matter. [45778/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Question Nos. 363 and 370 together. Primary responsibility for flood risk management rests with the Office of Public Works, which has the lead agency role in relation to devising and implementing measures, including flood relief schemes, to deal with flooding in Ireland. The OPW have produced a website to provide useful information to planning authorities, a number of bodies or organisations and the public for the purpose of land-use zoning, development control, planning of infrastructure,

535 Questions— 8 December 2009. Written Answers

[Deputy John Gormley.] identification of properties at risk, and flood warning, and to raise the general awareness amongst the public of the risk to property and possibly life. As regards measures to be taken against future flood risks in the Cork City area, I am informed by the OPW that the Lee Catchment Flood Risk Assessment & Management (CFRAM) Study was commissioned by that Office in conjunction with Cork County Council and Cork City Council in 2006 as the pilot study for the National FRAM Programme. The objective of the Study is to identify and map existing and potential future flood risk areas in the Lee catchment, through detailed hydrological / hydraulic modelling and flood-mapping. This flood risk assessment also accounts for the likely impacts of land-use change, urban development and climate change on flood risk. Once the flood risk has been quantified and mapped throughout the catchment (with particular focus on developed areas, or areas under potential development pressure), a Catchment Flood Risk Management Plan (CFRMP) is developed, which includes a prioritised set of actions, measures and works to manage the flood risk in the catchment. In light of the recent flood events of November 2009 and the subsequent need to study the new data, the timeframe for completion has been extended to allow for a review of the risks and proposed options. Once this review is complete, the Flood Risk Management Plan (and associated Strategic Environmental Assessment) will be published by OPW, along with the flood maps, for formal public consultation early in the new year. After all relevant comments from this consultation have been addressed in the Catchment Flood Risk Management Plan, the study will be complete and the recommendations will be put forward for implementation on a phased basis.

Fire Stations. 364. Deputy Dinny McGinley asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of a new fire station at a location (details supplied) in County Donegal; and if he will make a statement on the matter. [45729/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of premises is a statutory function of individual fire authorities under section 10 of the Fire Services Act 1981. My Department’s role is one of supporting and assisting local authorities in delivering fire services through the provision of funding under the fire service capital programme and through setting of general policy. Further investment in the fire service in Donegal will be considered under future capital programmes and will have regard to the fire authority’s priorities, the spread of existing facilities, and the competing demands from other fire authorities for available funding.

Planning Issues. 365. Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government the legal liabilities accruing to local authorities that have granted planning permissions for developments on flood plains; and if he will make a statement on the matter. [45742/09]

366. Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government the measures he is taking to ensure that every local authority de-zones flood

536 Questions— 8 December 2009. Written Answers plains, and allows for a margin of error of 100% in assessing the upward reach of same; and if he will make a statement on the matter. [45743/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 365 and 366 together. Last week, I published the finalised Guidelines for Planning Authorities on the Planning System and Flood Risk Management which are aimed at ensuring a more consistent, rigorous and systematic approach to flood risk identification, assessment and management within the planning system. These guidelines provide, inter alia, that development in areas at risk of flooding, particularly flood plains, should be avoided unless there are wider sustainability grounds that justify appropriate development and where the risk can be reduced or managed to an acceptable level. There are three types or levels of flood zones defined for the purposes of the Guidelines within which the likelihood of flooding is in a particular range, namely, high, moderate or low probability of flooding and these will be a key tool in flood risk management within the planning process as well as in flood warning and emergency planning. Most types of development would be considered inappropriate in the high probability flood zone where the probability of flooding from rivers and the sea is highest (i.e. greater than a 1%, or 1 in 100, chance for river flooding or 0.5%, or 1 in 200, probability for coastal flooding). The Guidelines state that development in this zone must be avoided and/or only considered in exceptional circumstances. These statutory guidelines, when taken together with the legislative measures in the planning code, provide a sound basis for planning authorities to identify, assess and take appropriate steps to manage flood risk in a sustainable manner within their area. I will continue to assess development and local area plans to monitor implementation of these principles at local level to ensure that future development takes account of these policies. The question of whether any legal liability could accrue to a planning authority in respect of the granting of a planning permission in any particular case is a legal matter.

Social and Affordable Housing. 367. Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government the amount of money the home choice loan has cost to research, set up, and administer to date; the further amount budgeted for that scheme every year for the next three years; the number of applications to this scheme that have been processed and completed; the number of applications received to date in 2009; and if he will make a statement on the matter. [45767/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Total costs of some \280,000 have been incurred on establishing the scheme to date and these have been met from within existing resources. The projected ongoing annual cost of administering the scheme is \20,000. It is important to note that a significant element of the total cost was incurred in the development of the loan processing model which applies to the Home Choice Loan but which has also now been used in the development of revised systems for processing and credit checking of normal local authority house purchase loan applications under other schemes such as affordable housing and shared ownership. In addition, it is expected that ongoing administrative costs will be met from normal lending margins. Over 1,400 prospective purchasers have formally registered interest on the dedicated Home Choice loan website and, to date, 44 applications have been made. Of these 27 have been

537 Questions— 8 December 2009. Written Answers

[Deputy Michael Finneran.] declined, 4 have been approved with 2 loans now drawn down, 3 applications have been withdrawn, and a decision is pending in respect of 10 applications where further information has been sought from the applicant. The scheme is operated by four local authorities acting on a regional basis, with administrative support from a Central Processing Unit in the Affordable Homes Partnership.

Flood Relief. 368. Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Govern- ment if each local authority’s fire service is equipped with a boat or dingy to assist with emergency evacuations; and if he will make a statement on the matter. [45775/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of premises and equipment are statutory functions of individual fire authorities under the Fire Services Acts 1981 and 2003. The Department’s role is one of supporting and assisting local authorities in delivering fire services through the provision of funding under the fire services capital programme and through setting of general policy. The information requested in the question is not available in the Department.

Waste Disposal. 369. Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government if a waiver system is available in respect of refuse collection for social welfare recipients; and if he will make a statement on the matter. [45777/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Waste management services have traditionally been provided at a local level, with individual arrangements being locally determined and tailored to local circumstances. The present legal framework reflects this. In accordance with section 52 of the Protection of the Environment Act 2003, the determination of waste management charges, and any associated waiver scheme, is a matter for the relevant local authority, where it acts as the service provider. Similarly, where a private operator provides the collection service, it is a matter for that operator to determine charges. Generally speaking, waiver schemes do not operate in respect of privately supplied collection services. My Department understands that previous legal advice obtained by a local authority suggests that in an area which is serviced by the private sector the local authority may not provide a waiver in respect of charges for a service which is not directly provided by the local authority. However, a local authority does have discretion itself to provide a waste collection service, including a waiver of some or all of the charges which it may determine, or to procure competi- tively for a service provider to collect waste on its behalf.

Question No. 370 answered with Question No. 363.

Flood Relief. 371. Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Govern- ment further to Parliamentary Question No. 78 of 17 September 2009, if he has received the additional information from Clare County Council; his views regarding same; his further views

538 Questions— 8 December 2009. Written Answers on the importance of fast tracking this project in view of the recent flooding in the area; and if he will make a statement on the matter. [45781/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I would like to reiterate my sympathy for the people who have been affected by flooding in County Clare. My Department has written to all authorities in the areas affected by flooding to ascertain the damage ensuing from the severe flooding, including damage to water services infrastructure. This assessment will aid consideration of any capital works required in the short- term and any issues which arise more generally for water services investment. With regard to the combined O’Brien’s Bridge, O’Callaghan’s Mills, Bodyke, Flagmount and Cratloe sewerage scheme referred to, as outlined in reply to Question No. 78 of 17 September 2009, this scheme is included for funding in my Department’s Water Services Investment Prog- ramme 2007-2009. Local authorities were asked in July to submit an assessment of needs for water and sewerage services to my Department by 23 October 2009. These assessments, which are currently under examination in my Department, will form a key input to the development of the 2010 to 2012 Water Services Investment Programme, which it is anticipated will be published in early 2010. Further consideration of the Preliminary Report for this scheme, and of the additional information received in September 2009, will be subject to the outcome of the Department’s examination of the assessment of needs received from Clare County Council.

Social and Affordable Housing. 372. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government the amount of money drawn down by an organisation (details supplied) in capital loan subsidies for social housing and affordable housing since 1997 to date in 2009; and if he will make a statement on the matter. [45806/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Details of the funding provided in respect of voluntary housing projects undertaken by the Docklands Housing Trust under my Department’s Capital Loan and Subsidy Scheme (CLSS) are set out in the following table:

Project Amount approved Drawn to Date \\

16 units at Charlotte Quay 4,663,625 4,633,625 21 units at Castleforbes Road, North Wall 4,679,808 Nil 56 units at Hanover Quay 14,453,847 14,453,847

Planning Issues. 373. Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 442 of 24 November 2009, if he will rec- oncile a part of his reply (details supplied) with the interpretation of the same regulations by a county council; if he will clarify which interpretation is valid; if he will instruct all local authorities of the correct interpretation; and if he will make a statement on the matter. [45812/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): As stated in the reply to Question 442 on 24 November 2008, I will give consideration to whether 539 Questions— 8 December 2009. Written Answers

[Deputy John Gormley.] the issue raised in this and previous questions requires further clarification when the Planning and Development Regulations are next updated.

Local Authority Funding. 374. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the circumstances under which capital funding allocated to housing associations may be claimed back; and if he will make a statement on the matter. [45849/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): My Department’s involvement with the voluntary and co-operative housing schemes relates primarily to the provision of funds for individual projects. The detailed administration of the schemes, including the certification that projects comply with the terms and conditions of the funding schemes and the payment of capital grants in respect of approved housing projects, are the responsibility of the local authority. My Department’s Capital Assistance Scheme (CAS) provides funding of up to 100% of the approved cost of projects which provide accommodation for persons with special housing needs such as the elderly, the homeless or persons with an intellectual or physical disability. Funding is recouped to the local authority by my Department on foot of certified payment claims based on the expenditure incurred by the relevant the housing body on approved projects. In the case of family-type accommodation provided by approved housing bodies under my Department’s Capital Loan and Subsidy Scheme (CLSS), funding of up to 100% of the approved cost is made available by way of loan finance provided by the Housing Finance Agency (HFA). Capital funding may be drawn down from the HFA by the relevant authority and recouped to the approved housing body according as work progresses on projects. Loan charges arising in respect of the funding provided to approved housing bodies under the CLSS are recouped to local authorities at regular intervals by my Department.

Flood Relief. 375. Deputy Joe Carey asked the Minister for the Environment, Heritage and Local Govern- ment his views on introducing a grant aided scheme for the installation of flood proof doors to house holders who have been affected by the recent flooding; and if he will make a statement on the matter. [45850/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I have no proposals in relation to this matter at this time.

Health and Safety Regulations. 376. Deputy Olivia Mitchell asked the Minister for the Environment, Heritage and Local Government if, in view of the recent occasions when two apartment blocks has their roofs blown off, he will instruct the Health and Safety Authority to conduct a full safety audit of all high rise buildings in the south County Dublin area; and if he will make a statement on the matter. [45851/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to the adjournment debate on 25 November 2009 on this matter. In terms of the construction of new buildings, including houses, and extensions to and material alterations of existing buildings, the legal requirements are set out in the Building

540 Questions— 8 December 2009. Written Answers

Control code. A comprehensive suite of related Technical Guidance Documents provide detailed guidance on how to comply with the Regulations. Under the provisions of the Building Control Act 1990, responsibility for compliance with the Building Regulations rests with the builder and the owner of a building. Enforcement is a matter for the local building control authority, which is empowered to carry out inspections and initiate enforcement proceedings, when considered necessary. I understand that the Dangerous Buildings Section of Dún Laoghaire-Rathdown County Council, in whose administrative area the developments referred to in the question are located, is pursuing the making safe of the buildings with the Developer/Management Company and that the Developer is due to lodge a remedial works programme for the affected roofs with the Council.

Proposed Legislation. 377. Deputy Charlie O’Connor asked the Minister for the Environment, Heritage and Local Government his plans for a directly elected mayor of Dublin; and if he will make a statement on the matter. [45855/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): On 12 May 2009 I announced that the Government had decided to introduce a directly elected Mayor for the Dublin Region in 2010. This decision arises from the commitment in the Prog- ramme for Government to introduce a directly elected Mayor of Dublin, and from the considerations in the Green Paper on local government which I published in April 2008. The Mayor will primarily act as a strategic policy maker who will also work to integrate the activities of local government and the wider public service in and across Dublin. The details of the Mayor’s responsibilities will be set out in legislation. I will shortly bring a draft scheme of a Bill to Government to provide for the Mayor.

Planning Issues. 378. Deputy John Perry asked the Minister for the Environment, Heritage and Local Government if he will intervene, and use the power vested in him by Dáil Éireann, to ensure that the decision by Sligo Borough Council to re-open O’Connell Street in Sligo to traffic is reversed in view of the contravention of the Planning Act 2000 in making this decision; his views on whether the contravention of the Planning Act 2000 warrants his immediate intervention; and if he will make a statement on the matter. [46041/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Section 12 of the Planning and Development Act 2000, as amended, sets out the process for making a development plan, which includes specific requirements for public consultation and decision-making within defined timescales. I understand that the process as set out in legislation was correctly followed in the case of preparing and adopting the Sligo and Environs Develop- ment Plan 2010-2016. There is no provision set down in the legislation regarding the timing of when councillors may or may not form opinions on particular issues, nor would such a provision be appropriate. Accordingly, there are no grounds for my intervention on this basis. Discussions are taking place between my Department and Sligo Borough Council regarding aspects of the recently adopted Sligo and Environs Development Plan, in particular around the strategic and cohesive development of the Sligo Gateway and the enabling of the regeneration of Cranmore. I am hopeful that these discussions will result in agreement on a shared vision for the future development of the Gateway and its environs.

541 Questions— 8 December 2009. Written Answers

[Deputy John Gormley.]

Measures to give effect to the provisions in the Sligo and Environs development plan in relation to pedestrianisation would fall to be pursued under the Road Traffic Acts and Regu- lations thereunder.

Television Licence Fee. 379. Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources the moneys collected in respect of television licence fees for each of the past five years; the way the moneys collected are distributed, divided and spent; and if he will make a statement on the matter. [45480/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Under Section 123 of the Broadcasting Act, 2009, with the approval of the Minister of Finance, I may pay RTÉ in respect of each financial year an amount equal to the total of receipts in that year in respect of broadcasting (TV) licence fees less (i) any expenses incurred in relation to the collection of those fees, and (ii) an amount being equal to 7% of these net television licence fee receipts, which is paid under Section 156 of the Broadcasting Act 2009 to the Broadcasting Authority of Ireland in respect of the Broadcasting Funding Scheme. This amount was increased from 5% to 7% under the 2009 Act. In effect, therefore, RTÉ is now being paid 93% of net television licence fee receipts on an annual basis. The following table sets out details of funding available from television licence fees and the breakdown of the allocation of this funding in the years 2004-2008.

Year TV Licence Fee Collection Costs TV Licence Fee RTÉ Broadcasting Gross Proceeds paid to An Post Net Proceeds Fund

\m \m \m \m \m 2004 181.3 12.2 169.1 160.6 8.5 2005 193.4 11.9 181.5 172.4 9.1 2006 205.5 12.8 192.7 183.1 9.6 2007 217.3 12.2 205.1 194.8 10.3 2008 222.2 12.6 209.6 199.1 10.5

Funding to RTÉ is provided for the purpose of allowing RTÉ to meet its public service broadcasting remit. The purpose of the Broadcasting Fund is to encourage both private and public broadcasters to include additional programming of a particular character in their programme schedules. The fund is open to independent producers and all free to air broadcasters.

Departmental Staff. 380. Deputy Eamon Gilmore asked the Minister for Communications, Energy and Natural Resources the number of staff who received financial assistance to pursue courses in further or higher education in each of the past five years; the number of such staff who were subsequently re-assigned to duties appropriate to their new qualifications. [45318/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The number of staff who received financial assistance to pursue courses in further or higher education under the Department’s Refund of Fees scheme since the formation of my Department in June 2007 for the period 2007–2009 inclusive, is outlined in the table below. It is a general requirement when funding courses under the scheme that the skills attained by course attendance are relevant to current and future duties in my Department. Therefore, 542 Questions— 8 December 2009. Written Answers in the majority of cases, staff were not reassigned on qualifying as the qualification they obtained was relevant to their current duties. More generally staff assignments take account of a number of factors, including qualifications.

Academic Year Number of Staff who received Number of Staff who have financial assistance to pursue further completed full course or higher education

2007/2008 31 12* 2008/2009 18 9* 2009/2010 10 — *This figure denotes the staff members who obtained their qualifications in the year in question. Some courses that were funded under the scheme were for the duration of more than one year.

Telecommunications Services. 381. Deputy Mary Upton asked the Minister for Communications, Energy and Natural Resources if he will direct Internet service providers to block certain websites (details supplied); if there is EU legislation in this area directing them against such a move; and if he will make a statement on the matter. [45375/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): A revised EU regulatory framework for electronic communications networks and services has recently been adopted by the European Parliament and the Council of the European Union. The new framework will become law when it is published in the Official Journal, which is expected on 18 December 2009, following which, Member States will have 18 months to trans- pose the framework into national law. One of the provisions in the revised framework concerns restrictions on access to and use of services and applications through electronic communications networks, including internet access. Under this provision, Member States may only impose restrictions on such access subject to adequate procedural safeguards in conformity with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with general principles of Com- munity law, including effective judicial protection and due process. In adopting this provision, the Council and Parliament have sought to strike a balance between the rights and freedoms of persons to access material and information on the Internet and the rights of copyright holders to protection from illegal downloading of their material. The issue of illegal downloading of copyrighted material comes under the provisions of copyright legislation, which is the responsibility of the Minister for Enterprise, Trade and Employment.

382. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources his plans to introduce independent monitoring of broadband speeds here as there is in other jurisdictions; if he will introduce independent technical and customer perspective benchmarks to define the position here in relation to broadband; and if he will make a statement on the matter. [45470/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Regu- lation of telecommunications operators and regulatory issuessurrounding the quality of telecommunications services provided to customers, including broadband services, is the responsibility of the independent Commission for Communications Regulation (ComReg) in accordance with the requirements of the Communications Regulation Act 2002. Studies under- 543 Questions— 8 December 2009. Written Answers

[Deputy Eamon Ryan.] taken by ComReg indicate that the majority of Irish people are content with existing broadband speeds and the value for money of their Internet service. My Department is currently considering additional statistical initiatives including a survey of broadband speeds experienced by end users in Ireland. This latter proposal will be developed in a manner consistent with a wider EU study, proposed by the EU Commission, to provide useful comparability on the quality of the broadband service experienced by end users in different regions and markets. I expect these studies will commence in 2010.

Alternative Energy Projects. 383. Deputy John Cregan asked the Minister for Communications, Energy and Natural Resources his views on a scheme to ensure that all new civic buildings will have their energy requirements provided by green energy methods or systems; if he will examine the possibility of supporting a programme to retrofit existing public buildings with green energy systems; and if he will make a statement on the matter. [45478/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Under the European Communities (Energy Performance of Buildings) Regulations 2006, the technical, environmental and economic feasibility of alternative energy systems for new buildings with a total useful floor area over 1,000 m2 must be considered at the design stage. These systems include biomass boilers and Combined Heat & Power (CHP) systems. The Building Regulations 2008, Technical Guidance Document, Part L (Conservation of Fuel and Energy — Buildings other than Dwellings), requires consideration to be given to the use of renewable energy, e.g. solar water heating, and to heat recovery from other processes, where applicable. In compliance with the 2006 and 2008 Regulations, it is the policy of the Office of Public Works (OPW) to conduct a feasibility study on the utilisation of renewable energy technologies in all new buildings over 1,000 m2 as part of the design process. The OPW has installed a number of biomass boiler systems and Solar Panel systems in both new and existing buildings where it has been shown to be both technically and economically feasible. This practice will continue in the future. The Minister for the Environment, Heritage and Local Government has recently prioritised work through the statutory Building Regulations Advisory Board to establish realisable targets for reductions in primary energy and CO2 emissions for buildings in all sectors of the economy, not least civic buildings, with a view to upgrading the requirements in Part L (Conservation of Fuel and Energy) of the Building Regulations in 2010. The work programme currently under way will inform the development of a programme for continuous improvement in Part L requirements in coming years with a view to achieving a Carbon Neutral building standard for buildings other than dwellings, including civic buildings, by 2016. The Government is committed to ensuring that the public sector leads the way on energy efficiency with a mandatory programme of efficiency measures, including the sole use of energy efficient lighting and heating in offices, schools hospitals and other public buildings to produce 33% energy savings by 2020. I published the National Energy Efficiency Action Plan in May of this year setting out the actions being taken by Government to achieve 20% energy efficiency savings right across the economy by 2020, including the more ambitious target of 33% for the public sector. Given the challenge presented by the national target and more importantly, the opportunities for

544 Questions— 8 December 2009. Written Answers considerable savings in energy costs and emissions reductions, it is important that the public sector fulfils an exemplar role. As part of the mechanisms for delivery of the National Action Plan, Sustainable Energy Ireland (SEI) has been tasked with coordinating public sector actions and with monitoring and recording the energy and CO2 savings achieved. In 2009, SEI launched a \6 million programme that offers grant assistance to the business and public sectors. The programme allows important cost-cutting energy efficiency measures to be installed at significantly reduced cost to businesses across the country. Over 80 projects are currently underway under the programme. As a result of the work carried out, annual \ savings are expected to be approximately 2.6 million, alongside 12kt CO2 reductions. A dedicated support programme has also been established by SEI offering free energy management training, advice and support to businesses and public sector bodies that are willing to show a commitment to becoming more energy efficient. The Public Sector Energy Efficiency Programme is designed as the main delivery mechanism for coordinating and encouraging energy efficiency actions by our public sector bodies. It is providing free energy assessments of up to 400 public buildings in 2009. It is also providing professional advice on energy management and energy efficiency improvement measures and aims to train 150 public sector building managers this year. SEI is also developing best practice guidance materials and facilitating specialist workshops on matters such as public street lighting, water services, and ICT. Regulations are currently being finalised in my Department that will include new energy efficient public procurement rules and these will be in place in the coming months. These new rules will require public bodies to purchase or lease only plant and equipment across a diverse range of technologies that are listed on SEI’s database of highly energy efficient products. This database was developed as part of the Accelerated Capital Allowance (ACA) Scheme for energy efficient technologies. The ACA Scheme allows businesses to make the right economic decisions that will support ongoing savings whilst increasing cash-flow in the year of purchase. Companies can now write off the full capital cost of energy efficient equipment in the year of purchase. The ACA scheme currently covers equipment accounting for at least 60% of the energy used by industry in Ireland. SEI is also tasked in these regulations with producing general guidelines on energy efficient procurement and these will be progressed in conjunction with the new OPW National Public Procurement Office. Next year will also see the design and introduction of a new Programme which will involve the promotion of both existing and innovative energy services by energy companies in Ireland. This Programme will significantly reduce energy costs and related greenhouse gas emissions in homes, businesses and the public sector across the country whilst creating employment and developing a market for energy services in Ireland.

Electricity Generation. 384. Deputy Michael Creed asked the Minister for Communications, Energy and Natural Resources if he will have laid before Dáil Éireann a copy of the regulations and guidelines governing water levels on the River Lee and on the Shannon rivers arising from the Hydroelec- tric Schemes built on these rivers; and if he will make a statement on the matter. [45665/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Water management in relation to hydroelectric schemes is a day-to-day operational matter for the ESB and I have no function in this regard.

545 Questions— 8 December 2009. Written Answers

Wood Fuel Packaging. 385. Deputy Phil Hogan asked the Minister for Communications, Energy and Natural Resources if there are plans to indicate the moisture content on the packaging of wood pellets; and if he will make a statement on the matter. [45671/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Wood fuel suppliers to the Irish market have formed a Wood Fuel Quality Association, with support from Sustainable Energy Ireland and COFORD. The Wood Fuel Quality Association has developed a wood fuel quality assurance National Workshop Agreement in coordination with the National Standards Authority of Ireland. In this agreement it is stipulated that packaging of wood fuels, including wood pellets, for sale to the consumer in amounts up to 25 kg packs will show, inter alia, moisture content. The agreement and the associated quality mark are due to be launched in the early part of 2010.

Broadcasting Services. 386. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources the options for persons on the east coast to avail of free to air satellite television; and if he will make a statement on the matter. [45723/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Broad- cast satellite networks and services are not regulated in Ireland and there is no Irish satellite system. Satellite networks tend to have a broad coverage area or footprint and generally cover several countries. Ireland comes within the footprint of several satellites so anyone with an appropriate satellite receiver and a correctly aligned satellite dish can receive broadcast services over satellite.

Departmental Agencies. 387. Deputy Seán Sherlock asked the Minister for Communications, Energy and Natural Resources the number of State boards, agencies, regulators or other bodies under his remit; the cost of these bodies; and if he will make a statement on the matter. [46023/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I can inform the Deputy that the number of State Boards, agencies, regulators or other bodies under the remit of my Department is 25. The cost of these bodies is reported in their respective published Annual Reports. Annual Reports are made available in the Library of the Houses.

Departmental Staff. 388. Deputy Eamon Gilmore asked the Minister for Agriculture, Fisheries and Food the number of staff who received financial assistance to pursue courses in further or higher education in each of the past five years; the number of such staff who were subsequently re- assigned to duties appropriate to their new qualifications. [45316/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The number of staff who received financial assistance to pursue courses in further or higher education in each of the past 5 years is set out below.

546 Questions— 8 December 2009. Written Answers

2009 2008 2007 2006 2005

107 161 137 165 157

In the vast majority of those cases, the decision to provide financial assistance was based on the Department’s view that the resulting qualification would benefit the individual concerned and, by extension, the Department in the performance of their existing duties.

Grant Payments. 389. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Mayo, was not awarded a full grant under the farm waste management scheme. [45364/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person concerned was an applicant for grant-aid under the Farm Waste Management Scheme. On completion of the works concerned, grant-aid was calculated in accordance with my Department’s Standard Costings. Under the terms of the Scheme, grant-aid is calculated in accordance with my Department’s Standard Costings or on the total of the eligible receipts/invoices submitted by the applicant, whichever is the lesser.

390. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when a REPS 4 scheme will be awarded in respect of a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [45376/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): REPS 4 is a measure under the current Rural Development Programme 2007–2013 and is subject to EU Regulations which require detailed administrative checks on all applications, including plan checks, to be completed before the first 2009 payments issue. Processing of applications, including that of the person named, is at an advanced stage. I hope to be in a position to release the 75% payment due on valid applications in mid- December and the remaining 25% once the last of the on-the-spot inspections for 2009 has taken place.

391. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the position regarding an application in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [45447/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application for the Early Retirement Scheme from the person named was received in my Department on 30 September 2009. All applications received up to the closing date of 30 October are being examined in my Department at present. The details of the application from the person named, as well as the funding available, will be taken into account in reaching a decision. As soon as the decision has been made, he will be notified of the outcome.

Rural Environment Protection Scheme. 392. Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food the number of farmers in County Waterford that have applied for funding under REP scheme four; the number of applications approved; the number of applications that have been refused; the 547 Questions— 8 December 2009. Written Answers

[Deputy John Deasy.] number of applications that have not been decided; and if he will make a statement on the matter. [45448/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Six hundred and sixty- six farmers in County Waterford have applied for the REPS 4. Of these, 254 were approved in 2008. Applications received in 2009 are undergoing detailed administrative checks, as required by EU Regulations, and all applications have to be completely checked before any approval for payment can issue. Processing of 2009 applications is at an advanced stage.

393. Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food the amount paid to farmers in County Waterford under the various REP schemes in each of the past five years; the amount that will be paid under these schemes to farmers in County Waterford in 2009; and if he will make a statement on the matter. [45449/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The reply to the Deputy’s question is contained in the following table.

Year/Scheme Participants Paid Amount \

2004 R1 10 9603.54 R2 351 1,909,458.67 R3 356 2,447,055.35

2005 *active participants R2 295 1,345,965.70 R3 1,187 5,022,260.35

2006 R2 119 624,907.84 R3 978 6,967,650.90

2007 R2 73 414,685.48 R3 980 7,511,802.23

2008 R2 24 104,512.31 R3 963 7,203,154.89

2009 to date R3 608 4,271,788.16 R4 254 1,317,661.33

It is not possible, at this stage, to quantify the total amount that will be paid to farmers in respect of REPS 3 and REPS 4 in 2009. However it is expected that all farmers with valid payment applications under both Schemes will be paid before year end.

Farm Retirement Scheme. 394. Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food the number of farmers in County Waterford that have made applications under the farm early retirement scheme in each of the past five years; the number of applications that were granted each year; 548 Questions— 8 December 2009. Written Answers the number of applications from farmers in County Waterford that are pending; the number of persons in County Waterford in receipt of payments under the farm early retirement scheme; and if he will make a statement on the matter. [45450/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The table below shows the number of Early Retirement Scheme applications received from Waterford and the number paid for each year since 2004. (In cases where applications were incomplete when they were submitted, payment did not begin until the deficiencies were corrected.)

ERS2 Applications ERS2 Applications ERS3 Applications ERS3 Applications received paid Received Paid

2004 10 7 2005 13 13 2006 14 10 2007 7 6 2 2008 8 8 2009 4

Total 37 37 14 14

A total of 51 applications were received from Waterford for the years 2004 to 2008. All of these applicants are currently in payment. The Early Retirement Scheme (ERS3) 2007 was suspended for new applications with effect from 15 October 2008. However it became apparent that there were a certain number of farmers who had their preparations to apply for the Scheme completed or close to completion at that point. Consequently, I took the decision to re-open the Scheme temporarily on 23 September 2009 with limited additional funding with a view to accepting as many as possible of the applications that fell into this category. My Department received a further 175 applications up to the closing date of 30 October 2009, of which 6 were from applicants in Waterford. All of these applications are currently being examined, but none have been approved to date.

Farm Waste Management. 395. Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food the number of farmers in County Waterford that have made applications under the young farmer installation aid scheme in each of the past three years; the number of applications granted each year; the number of applications from farmers in County Waterford that are pending; the number of persons in County Waterford in receipt of payments under the young farmer installation aid scheme; and if he will make a statement on the matter. [45451/09]

396. Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food the number of farmers in County Waterford that have made applications under the waste management scheme in each of the past five years; the number of applications granted each year; the number of applications from farmers in County Waterford that are pending; the number of persons in County Waterford in receipt of payments under the waste management scheme; and if he will make a statement on the matter. [45452/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 395 and 396 together. The information requested by the Deputy will be forwarded to him as soon as possible. 549 Questions— 8 December 2009. Written Answers

Grant Payments. 397. Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food the number of farmers in County Waterford in receipt of funding under the single payment scheme in each of the past three years; the number of persons in County Waterford in receipt of payments under the single payment scheme; and if he will make a statement on the matter. [45453/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Payments under the Single Payment Scheme to Waterford applicants in each of the years 2007, 2008 and 2009 (to date), are as follows:

2007: 2,381 applicants received payments worth \40,794,597.30;

2008: 2,431 applicants received payments worth \40,741,003.50;

2009: 2,450 applicants received payments worth \39,898,346.40.

Under the 2009 Scheme, the 70% advance payments began issuing on 19 October, while the 30% balancing payments began issuing on 1 December. Payments are continuing to issue in individual cases are cleared for payment.

398. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their REP scheme four payment. [45455/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): REPS 4 is a measure under the current Rural Development Programme 2007–2013 and is subject to EU Regulations which require detailed administrative checks on all applications, including plan checks, to be completed before the first 2009 payments issue. Processing of applications, including that of the person named, is at an advanced stage. I hope to be in a position to release the 75% payment due on valid applications in mid- December, and the remaining 25% once the last of the on-the-spot inspections for 2009 has taken place.

Food Safety Standards. 399. Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food if he has received the findings of analysis undertaken by an organisation (details supplied) into imported gas flushed chicken fillets; the findings of such analysis; the action he has taken on foot of such findings; if he will publish the full contents of the report; and if he will make a statement on the matter. [45468/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): As communicated to you in previous replies to questions asked on this matter, my Department had analyses conducted by the Irish Equine Centre on a number of samples during 2009. These were specifically related to the gas flushing of imported poultrymeat. Following receipt of the final elements of the results of these tests there will be further discussions with the Food Safety Authority of Ireland about any additional follow up actions. In this context the FSAI circulated best practice guidelines to retailers on the setting of use-by dates for poultry taken from opened gas-flushed packs earlier this year.

Grant Payments. 400. Deputy Mary O’Rourke asked the Minister for Agriculture, Fisheries and Food if he

550 Questions— 8 December 2009. Written Answers will review the case of a person (details supplied) in County Westmeath who seeks entry to the single payment scheme. [45691/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): While the deadline for the receipt of applications under the 2009 Single Payment Scheme was 15 May 2009, an application was only received by my Department from the person named on 2 October 2009. An official from my Department has recently been in direct contact with the person named and, on the understanding that medical reasons caused the delay in the submission of the application, requested that appropriate medical evidence be submitted. Immediately on receipt of a satisfactory response from the person named, the application will be further processed with a view to payment at an early date.

Fish Quota. 401. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if he will quantify both in terms of species, tonnage and monetary value the amount of fish quota unfilled by the State for each of the past five years for which complete data is available; the changes which he envisages to the monthly quota management system to eliminate this; and if he will make a statement on the matter. [45745/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The existing quota management system is designed to ensure, having regard to fishing patterns and market conditions, the best possible spread both between fishermen and also in terms of take up of quota during the year. A key objective for specific stocks under pressure is the avoidance of early closure of fisheries through rapid exhaustion of quota. This is important because our whitefish fisheries are mixed and a closure can lead to discarding of marketable fish. Under the current arrangements, a formal Quota Management Advisory Committee involving fishing industry representatives, the Department and the Sea Fisheries Protection Authority meets each month and as far as possible the agreed recommendations from industry representations are followed for monthly regimes for particular stocks. Additional meetings are organised as required to discuss the details of particular fisheries mainly in the pelagic sector. In the current year, 40 white fish stocks are being managed. The agreed monthly catch limits are circulated to industry representatives and displayed on the Departments website. Of the whitefish stocks under management only one is currently closed and that is due to a very small available quota. A further 11 pelagic stocks and 16 deep sea stocks are also under management, many of which have very specific management arrangements including closure for certain deepsea stocks designed to reflect the requirements of the relevant sector and allow for the swoping of certain deepsea stocks with other Member States for stocks of interest to our industry. The fishing of pelagic species is generally confined to the spring and autumn months with the fisheries being opened and closed on the basis of industry recommendations. In so far as it is possible under the existing regulatory framework the Department endeavours to implement industry proposals in respect of the management of the pelagic fisheries. The available quotas are allocated in the agreed ratios to the participating vessels. Landing figures are reviewed during the fishing periods. Remaining quota is often re- allocated to ensure that all available quotas are landed. A key feature of all existing management arrangements is that they are designed and implemented through a process of consultation with all relevant industry groups. Recom- mendations for changes in the way we manage our fisheries are always given careful consider-

551 Questions— 8 December 2009. Written Answers

[Deputy Brendan Smith.] ation and if possible implemented. My officials constantly analyse our various management arrangements with a view to maintaining economic and sustainable fisheries for our fleet. The level of uncaught quota across all stocks depends upon a variety of factors including weather, price and proximity. For the areas subject to the Cod Recovery Plan (the Irish Sea and the north west) restrictions on the amount of time that vessels can spend at sea, the kind of gears than can be used or the number of vessels that can be authorised to fish at any one time are also in place. In terms of the waters off the south and west coast such provisions where they are in place are not restrictive for many whitefish stocks and therefore it has to be assumed that the reason why there are a number of quotas under utilised is that vessel owners have consciously decided not to target or land particular species for business reasons. Where possible, uncaught quotas are swapped with other Member States for stocks that our industry wish to catch. In addition, it is possible to carry forward up to 10% of a yearly quota for use the following year for a large number of stocks. With regard to the specific data requested, this is being compiled and will be forwarded to the Deputy as soon as possible.

Fisheries Protection. 402. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food his plans regarding the continued operation of the ice plant by Bord Iascaigh Mhara at a location (details supplied) in County Donegal; and if he will make a statement on the matter. [45746/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Bord Iascaigh Mhara has undertaken a review of the ice plant network operated by the agency. It has come to the conclusion that there is no realistic alternatives to closure as sales have continued to decline and the network is operating at a significant loss. The Board has decided in principle to close the network by December 2010. In this regard it is noted that as part of a range of cost cutting measures proposed in the Report of the Special Group on Public Service Numbers and Expenditure Programmes (Volume II: Detailed Papers- Programme A — Agriculture food & fisheries policy trade and development), it was recommended that the Bord Iascaigh Mhara ice plant network, which includes the Greencastle ice plant, should be closed in favour of a more market based approach. I am informed by my officials that Bord Iascaigh Mhara is working to the 2010 timeframe, in an effort to enable an orderly withdrawal from ice manufacture and to help both minimize disruption to the seafood industry and allow the industry to prepare for the change.

Fishing Industry Development. 403. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when he intends to proceed with a decommissioning scheme for boats under eighteen metres; and if he will make a statement on the matter. [45747/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): There are no plans for a further decommissioning scheme at present. Any further scheme will be considered in the context of available funding and priorities for support within the seafood sector.

Harbours and Piers. 404. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if, in view of the investment to date in harbour improvements at a location (details provided) in

552 Questions— 8 December 2009. Written Answers

County Donegal, he will proceed in 2010 with a capital allocation for completion of these works in view of both health and safety concerns and the threat to the existing investment on site if the harbour works are not complete; and if he will make a statement on the matter. [45748/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Greencastle Harbour is owned by Donegal County Council and responsibility for its operation, maintenance and development rests with that local authority. My Department has however, in recent years, project managed works on phase 1 of the Greencastle Harbour development project on behalf of Donegal County Council as well as providing funding. Continued funding of this phase of the Greencastle Harbour development project in 2010 will be considered in the context of funding commitments from Donegal County Council, available Exchequer Funding and overall national priorities.

405. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if commitments have been secured from the co-funding authorities for completion of works at a harbour (details supplied) in County Donegal in 2010; and if he will make a statement on the matter. [45757/09]

Fisheries Protection. 406. Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food the level of compliance with the sales note system for fish sales; and if he will make a statement on the matter. [45766/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): This is a matter for the Sea-Fisheries Protection Authority (SFPA), an independent authority, which was established under Sea Fisheries and Maritime Jurisdiction Act 2006 on January 1st 2007. The Act clearly provides that the Authority is independent in the exercise of its functions and as such I have no remit as to its work programme or its strategic deployment of resources. I have, however, asked the SFPA to reply directly to the Deputy.

407. Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food if, further to the commitment on a derogation for white fish fishing vessels of less than 15 metre boats, he will assign days at sea to fishermen (details supplied) in County Donegal; his views on whether forcing a 10.6 metre boat to travel in excess of 200 miles serves the interest of safety; and if he will make a statement on the matter. [45800/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The EU Fisheries Councils in November and December 2008 adopted a new Cod Recovery Plan, as set out in Council Regulation (EC) No. 1342/2008 and Annex IIa of the 2009 TAC and Quota Regulation (EC) No 43/2009. Under these regulations, Ireland is required to introduce and implement a

553 Questions— 8 December 2009. Written Answers

[Deputy Brendan Smith.] licensing regime to manage its allocation of fishing effort — days at sea limits in areas VIa (north west of Ireland) and VIIa (the Irish Sea) for vessels using specified gear types. Under the EU Recovery Plan, each Member State is granted an annual allocation of fishing effort for the ICES areas covered by the Plan, which include the Irish Sea — VIIa, and the North West waters off Ireland and Scotland -VIa. The fishing effort allocations to Member States are broken down by particular types of fishing gear used in these areas. The Recovery Plan is intended to restrict the fishing activity of fishing vessels operating in either the Irish Sea or the north west of Ireland and Scotland which catch cod. The effort level was established by the EU Fisheries Council, on the basis of a EU Commission proposal, based on track record for the average of the period 2005 to 2007 and was then reduced by 25%. The impact of this is that there is now limited fishing effort available for all vessels, including Irish vessels, fishing in the areas. Minister Killeen previously agreed to the implementation of a Pilot Effort Management Scheme for the period 1 February 2009 — 30 April 2009 which was primarily based on track record. Some further modifications to this pilot scheme were agreed during February. Minister Killeen also established a Steering Group consisting of representatives of the Irish fishing industry, with input from the Marine Institute, the Sea Fisheries Protection Authority and Bord Iascaigh Mhara and the Department to advise on how the Pilot Scheme might be revised. To date, formal meetings of the Steering Group have taken place on twelve separate occasions. A second pilot management scheme was agreed for the period 1 May to 31 October 2009 and this was again primarily based on track record. Following agreement of the Steering Group a one off allocation was granted to a number of vessels without track record in area VIa for the period 6 October to 31 October 2009 including the vessel referred to by the deputy. A particular difficulty in area VIa arises in relation to Article 14.3 of Council Regulation (EC) No. 1342/2008 which sets a limit for the kw capacity of the vessels granted an authorisation in 2009 based on the total kw capacity of vessels active 2006 or 2007. Essentially, there is a a limit to the number of authorisations that can be issued per year. Since its inception the Steering group has been concerned with trying to ensure that those vessel owners that were historically active in these fisheries would continue to have some degree of access under the new Regulation. Considerable time and effort was also spent in trying to accommodate those vessel owners that for whatever reason were not active in the past but wished to become so. The Steering Group recommended that the pilot management scheme for area VIa for the period 1 November 2009 to 31 January 2010 would be based on track record for the period 2004 to 2008 and that due to the capacity cap imposed by Article 14.3 that it was not possible, for this period, to make any allocations to vessels without track record in Area VI. This particular vessel did not have any track record of fishing using the regulated gears in area VIa for period 1 January 2004 to 31 December 2008. Consequently, unfortunately, it is not possible to issue an authorisation to this vessel for the current management period. I and my colleague Minister Killeen, fully appreciate that the cod recovery regime presents considerable challenges in the way it impacts on fishermen and I wish to assure you that every effort is made to alleviate this in as far as it is practicable and within the legal framework. Minister Killeen has made numerous efforts to try and alleviate the impact of this regulation and this work is ongoing through the Steering Group and directly with the Commission. However, for 2010 we are facing further restrictions involving an additional 25% reduction in this area.

554 Questions— 8 December 2009. Written Answers

Grant Payments. 408. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cork will receive payment in respect of their installation aid application; and if he will make a statement on the matter. [45813/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person concerned is an applicant under the Installation Aid Scheme. His grant-aid has been approved and payment will be issued shortly by my Department.

409. Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food if persons (details supplied) in County Kilkenny will be included in the early farm retirement scheme in view of the fact that they had almost completed the process prior to the scheme being suspended; the timeframe involved for a decision in this case; and if he will make a statement on the matter. [45817/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application from the persons named was received on 9 October 2009. Following an initial examination my Department wrote to the applicants on 25 November 2009 regarding a number of deficiencies in the application. Processing of the application will recommence once these deficiencies have been rectified.

Tuberculosis Incidence. 410. Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 415 of 10 November 2009 regarding the entitlements due in the case of a person (details supplied) in County Kilkenny; if he will complete the investigation as the issue is having a negative affect on their farm and health. [45824/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I refer to my reply of 10 November 2009 to Question No. 40117/09. The investigation into this herd is still on going and it is not possible to say at this stage when it will be completed.

Farm Waste Management. 411. Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food if he will allow farmers to spread excess farm waste water due to flooding without prosecution before the January 2010 deadline; and if he will make a statement on the matter. [45827/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): As an emergency response to the extreme flooding conditions in parts of the country, my Department has issued advice with regard to problems that may be experienced by farmers due to flooding. Farmers are advised that in emergency cases, they are permitted to pump some water out of flooded tanks but only for reasons of animal welfare. Naturally, this concession will apply only in those areas that have been severely affected by flooding. This concession relates to pumping out of excess water only. Tanks should not be agitated before pumping and farmers should use a sludge pump if possible rather than a vacuum tanker. The suction pipe should be inserted almost to the bottom of the slurry tank so that solids are not removed. The farmer should pump out no more water than is necessary to alleviate the immediate animal welfare problem. This water should not be discharged directly to a watercourse. If water is already above the level of the central passageway or the apron, there is no point in trying to pump water from the tank. In this case, the animals will have to be removed

555 Questions— 8 December 2009. Written Answers

[Deputy Brendan Smith.] from the shed. This does not permit the application of slurry on land during the prohibited period for the spreading of fertilisers under the Nitrates Regulations.

Rural Environment Protection Scheme. 412. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the position regarding an application for the REP scheme in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [45834/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): My officials contacted the person named on 18 November 2008, detailing penalties incurred and advising him of his right to appeal. No appeal was received and a further letter was sent on 20 October 2009, to which there was no reply. My officials will contact the person named shortly.

Harbours and Piers. 413. Deputy Simon Coveney asked the Minister for Agriculture, Fisheries and Food the position regarding the granting of funding for a project (details supplied) in County Cork; the timescale of this project. [46020/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The beach at Foun- tainstown is owned by Cork County Council and responsibility for its maintenance and development rests with that local authority. Funding for local authority projects under the 2010 Fishery Harbours and Coastal Infrastructure Development Programme will be considered in the context of available exchequer funding and overall national priorities.

Departmental Agencies. 414. Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food the number of State boards, agencies, regulators or other bodies under his remit; the cost of these bodies; and if he will make a statement on the matter. [46021/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The number of state boards and agencies under the aegis of my Department is ten of which six will receive grant–in–aid from the Exchequer in 2009 amounting to \229.05M.

Institutes of Technology. 415. Deputy Leo Varadkar asked the Minister for Education and Science if he will grant an exemption to the recruitment moratorium to Dublin Institute of Technology in the case of the National Optometry Centre; and if he will make a statement on the matter. [45307/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy is aware, the purpose of the Government decision to implement a recruitment and promotion moratorium in the public sector is to facilitate a permanent, structural reduction in the numbers of staff serving in the public sector and is intended to contribute significant and ongoing savings to the Exchequer. In applying this moratorium generally, teaching and research activities in the education sector have been afforded significant exemptions relative to other areas of public expenditure. Nonetheless, the Deputy will appreciate that the sector has to contribute towards overall public sector numbers reductions. In the area of higher education, the Government agreed that an employment control framework be developed to provide for the application of the moratorium arrangements to higher education institutions, subject to the continued oversight and review by the HEA and both my

556 Questions— 8 December 2009. Written Answers

Department and the Department of Finance. This framework allows flexibility around recruitment into posts that are considered essential to maintaining core teaching and research activities, subject to an overall ceiling on numbers employed. The Government is anxious to work with the publicly funded higher education institutions in achieving necessary reductions in public expenditure within the sector as an essential part of overall budgetary strategy. The employment control framework aims to enable this while providing sufficient flexibility for the protection of frontline teaching and research activities. It is a matter for the individual higher education institutions, and in the case of the National Optometry Centre which forms part of the School of Physics in the Dublin Institute of Tech- nology’s Faculty of Science, for DIT to manage their staffing resources in the context of implementing the framework.

Higher Education Grants. 416. Deputy Paul Kehoe asked the Minister for Education and Science if it is correct that a person (details supplied) was not awarded a grant to complete their course. [45296/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The decision on eligibility for student grants is a matter for the relevant assessing authority — i.e. the Local Authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required. If an individual applicant considers that she/he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she/he may appeal, in the first instance, to the relevant local authority or VEC. Where an individual applicant has had an appeal turned down, in writing, by the assessing authority, and remains of the view that the body has not interpreted the schemes correctly in her/his case, an appeal form outlining the position may be submitted by the applicant to my Department. No appeal has been received by my Department to date from the candidate referred to by the Deputy.

Schools Building Projects. 417. Deputy Michael Ring asked the Minister for Education and Science when facilities will be upgraded at a secondary school (details supplied) in County Mayo. [45304/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The building project for the school to which the Deputy refers is currently at an advanced stage of architectural planning. The progression of all large scale building projects, including this project, from initial design stage through to construction is dependent on the prioritisation of competing demands on the funding available under the Department’s capital budget. The proposed building project will be considered in the context of the Department’s multi-annual School Building and Modernisation Programme for 2010 and subsequent years. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the delivery of the project at this time.

Departmental Staff. 418. Deputy Eamon Gilmore asked the Minister for Education and Science the number of staff who received financial assistance to pursue courses in further or higher education in each of the past five years; the number of such staff who were subsequently re-assigned to duties appropriate to their new qualifications. [45321/09]

557 Questions— 8 December 2009. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): In accordance with the conditions set out in the Department of Finance circular 23/07 my Department operates schemes to provide financial assistance to officials who undertake courses in higher or further education primarily in their own time which support and enhance their knowledge and skills. The Depart- ment does not re-assign administrative staff to particular sections solely on the basis of new or further qualifications they obtain. For example, staff who undertake legal or human resource type courses can equally use that knowledge in a wide variety of sections or units throughout the Department. In relation to supporting the professional staff, my Department assists members with continued professional development (CPD) to ensure they are familiar with developments in their particular field and maintain their professional recognition. Management in these sections can then assign particular duties/projects to the professional person they feel has the best experience and qualifications to address particular issues. The types of area’s concerned are the National Educational Psychological Service (NEPS), the Department’s Planning & Building Unit and the Schools’ Inspectorate. The number of staff who availed of the scheme for the years requested by the Deputy is contained in the attached tabular statement. As outlined above, the object of the scheme is to encourage staff to undertake study on their own time with a view to having the staffing cohort in any particular line section adept with a diverse set of core skills appropriate to the Civil Service in order to deliver services to a high standard. In addition to this, the Training Unit in my Department arranges courses for staff to upskill where necessary, particularly in the area of new computer technology. The following is a tabular statement in relation to staff that availed financial assistance under the terms of the Department of Finance Circular 23/07.

Grade Breakdown 2005 2006 2007 2008 2009

Administrative Grades 43 42 40 58 50 Professional Grades 23 25 27 29 19

Total Staff 66 67 67 87 69

Capitation Grants. 419. Deputy Thomas Byrne asked the Minister for Education and Science when a primary school (details supplied) in County Meath will receive the balance of a school capitation grant; and if he will make a statement on the matter. [45343/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that the balance of the capitation grant due to the school has been processed by my Department. The funds should be in the school’s bank account shortly.

Languages Programme. 420. Deputy Ruairí Quinn asked the Minister for Education and Science if he will engage in consultations with the representatives of the English as a foreign language sector and the Department of Justice, Equality and Law Reform, with a view to drawing up a comprehensive strategy to encourage the growth of this potentially economically significant industry; and if he will make a statement on the matter. [45360/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am very conscious of the economic importance of the English language sector as part of Ireland’s international education 558 Questions— 8 December 2009. Written Answers offering. As part of the new framework for the promotion of Ireland as a centre for international education, I will shortly be establishing a High Level Group on international education, which will be reflective of the relevant Government departments, State agencies and educational providers with an interest in this area. This Group will include representation from the English language sector. In its initial phase of work, the Group will develop an action plan for enhanced performance in the area of international education.

Special Educational Needs. 421. Deputy Seán Fleming asked the Minister for Education and Science the outcome following inspections that took place at a school (details supplied) in County Laois regarding special needs assistants; if there will be reductions in staff and resources in the school; and if he will make a statement on the matter. [45362/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and special needs assistants (SNAs) to schools to support children with special needs. The NCSE operates within my Department’s criteria in allocating such support. The Deputy will also be aware that the NCSE, through its network of SENOs, is at present carrying out a review of SNA allocations in all schools with a view to ensuring that the criteria as outlined in my Department’s Circular 07/02 governing the allocation of such posts are properly met. The review is currently underway and it is intended that it will be completed by the end of 2009 or early 2010. I have arranged for the details supplied to be forwarded to the NCSE for their attention and direct reply.

Departmental Correspondence. 422. Deputy Mary Upton asked the Minister for Education and Science if his attention has been drawn to correspondence from a person (details supplied) in Dublin 12; when a reply will be issued; and if he will make a statement on the matter. [45383/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am aware of the correspondence to which the Deputy refers and a response will issue in due course.

Computerisation Programme. 423. Deputy Joe McHugh asked the Minister for Education and Science if he will clarify matters arising from correspondence (details supplied). [45384/09]

Minister for Education and Science (Deputy Batt O’Keeffe): In my response to the Deputy’s previous Question 581 Reference Number 43164/09 I outlined that the Taoiseach and I announced a \150m plan for ‘smart schools’ on 16 November. Under this scheme \22m in ICT grants will be provided to primary schools before the end of this year. I am pleased to inform the Deputy that, on 27th November last, a grant in the amount of \4,674.74 issued to the school to which he refers, for investment in ICT. A letter outlining the terms and conditions attached to the ICT grant scheme also issued to the school.

Residential Institutions Redress Scheme. 424. Deputy Ruairí Quinn asked the Minister for Education and Science if he has received offers from the 18 religious teaching orders involved in the Residential Institutions Redress

559 Questions— 8 December 2009. Written Answers

[Deputy Ruairí Quinn.] Board; the lands, schools or institutions they are attached to that have been offered by the orders to the State as compensation for the cost of the redress board; the percentage of the stake the State has been offered in each case where a proposal for joint ownership of land between the State and a religious trust has been made; and if he will make a statement on the matter. [45420/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I have received responses from each of the 18 religious congregations that were party to the 2002 indemnity agreement, to the call for further substantial contributions by way of reparation, following publication of the Ryan Report. Although an overall offer of a contribution on behalf of the congregations collectively was sought, the congregations’ responses have been on an individual basis. I will be bringing details of the congregations’ offers of contributions together with the report of the Panel, appointed by the Government to assess the adequacy of the congregations’ financial statements as a basis for assessing their resources, to the attention of the Government at the earliest opportunity. The Deputy will be aware that some religious congregations have published their individual offers and details of their respective financial positions. Although the approach taken by any individual congregation is a matter for it, my objective is to have the collective comprehensive position available. The Government will consider the publication arrangements and in this regard, I am concerned to ensure that the survivors and their representatives are kept fully informed of developments.

Vocational Education Committees. 425. Deputy Olwyn Enright asked the Minister for Education and Science his plans to meet with representatives from a vocational education committee (details supplied); and if he will make a statement on the matter. [45425/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I have received requests to meet with representatives of Offaly VEC in relation to Tullamore College. No date for a meeting has been agreed as yet.

Schools Building Projects. 426. Deputy Olwyn Enright asked the Minister for Education and Science the position regarding the commencement of building works at a school (details supplied) in County Offaly; and if he will make a statement on the matter. [45426/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Schedules of accommodation have been accepted by County Offaly VEC for the proposed building project at the school to which the Deputy refers. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

427. Deputy Olwyn Enright asked the Minister for Education and Science if a tender report for a school (details supplied) in County Offaly has been assessed; if the school has been authorised to proceed to construction stage; and if he will make a statement on the matter. [45427/09]

560 Questions— 8 December 2009. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that the school to which she refers was recently authorised to award the contract. The project is expected to commence construction shortly.

Prompt Payment System. 428. Deputy Ruairí Quinn asked the Minister for Education and Science the steps he is taking to ensure compliance by his Department with the new arrangements announced on 20 May 2009 to reduce the payment period by Central Government Departments to their business suppliers from 20 to 15 days; if there are plans to extend this arrangement to the payment of capitation grants to schools; and if he will make a statement on the matter. [45489/09]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department seeks to ensure that prompt payment is made to all suppliers while at the same time satisfying the requirement, under the Public Financial Procedures, that invoices are correctly certified as being in order for payment. In a small number of cases, complex invoices, such as payments to construction contractors, require close scrutiny before they can be certified as being in order for payment. The following steps have been taken by my Department to ensure compliance with the new requirement to reduce the payment period for commercial transactions from 30 to 15 calendar days:

• All staff of the Department were notified of the new requirement on 28 May. They were advised of the key steps to be taken to ensure the Department would be in a position to adhere to the new deadline. This notice has also been placed on the Department’s Intranet site.

• A further notice was issued to senior management in the Department on 12 June, requesting them to ensure that prompt payment of suppliers is made a priority and to ensure that the necessary administrative arrangements to enable this are put in place.

• The Department’s updated Financial Circular was issued to all staff on 27 August and included advice on payments and Prompt Payment requirements. This circular is also available on the Department’s intranet site.

• As part of each Department’s requirement to report quarterly regarding the new arrangement, a report was generated analysing payments made by this Department between June and October 2009. A copy of this report is set out below and is also available on my Department’s website. The report showed that 84.7% of payments were made within 15 days from the date of receipt of a valid invoice from a supplier, 10.9% of payments were made between 15 and 30 days while 4.2% of payments were made after 30 days. A further 0.2% of invoices (9 invoices) at that time required further scrutiny before being processed for payment.

• Training courses have been provided to staff in relation to the Prompt Payment requirements.

I have no plans to extend the arrangements to the payment of capitation or other grants from my Department to schools, as they do not constitute payments to suppliers and are not comprehended by the arrangements referred to by the Deputy. Capitation grant payments are calculated based on student numbers returns made by schools to my department each year by 30th September. Currently the capitation grant to primary schools is paid in 2 instalments, the

561 Questions— 8 December 2009. Written Answers

[Deputy Batt O’Keeffe.] first in January (70%) and the balance in June. Second Level schools are paid the capitation grant in 3 equal instalments, in September, January and April.

Prompt Payments by Central Government Departments

Reporting Template pursuant to Government Decision No. S29296 of 19 May 2009

Government Department: Department of Education & Science (Vote 26)

Quarterly Period Covered: 15th June to 15th October 2009

Details Number Value Percentage (%) of total payments made

Total payments made in Quarter 5,589 185,455,590.07 (100%) Number of payments made within 15 days 4,734 181,848,232.41 84.70% Number of payments made within 16 days to 30 days 612 2,917,390.44 10.95% Number of payments made in excess of 30 days 234 532,007.89 4.19% Disputed Invoices 9 157,962.33 0.16%

Total 5,589 185,455,590.07 100% Prepared by: Finance Unit Dublin — Phone No. (01) 889 2217 Date: 15th October 2009

Site Acquisitions. 429. Deputy Mattie McGrath asked the Minister for Education and Science the position regarding discussions between his Department and South Tipperary County Council in relation to the acquisition of a site for a school (details supplied) in county Tipperary; and if he will make a statement on the matter. [45508/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware my officials met with the Local Authority referred to by the Deputy earlier this year. At that meeting it was agreed that my Department would examine a number of possible building options in relation to the two proposed sites identified for the school referred to by the Deputy. One site is in the ownership of the Local Authority while the second site is in the ownership of the Health Service Executive. An examination of the options identified is at an advanced stage. My officials intend meeting with either the Local Authority or the Health Service Execu- tive with a view to discussing terms for a land transfer. Upon acquisition of a suitable site, the proposed building project for the school will be considered in the context of the capital budget available to my Department for school buildings generally.

Schools Building Projects. 430. Deputy Mattie McGrath asked the Minister for Education and Science the position regarding the discussions between his Department and the Sisters of Mercy in relation to obtaining a new site for the proposed amalgamation of two schools in County Tipperary; and if he will make a statement on the matter. [45509/09]

562 Questions— 8 December 2009. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): In 2004, agreement was reached to amalgamate the two primary schools in County Tipperary referred to by the Deputy. The application was assessed and the project was assigned a band rating of 1.4. A technical inspection was carried out in 2006 on the existing school buildings to determine which would be suitable to facilitate the amalgamated school. The report produced following this inspection concluded that the most suitable building to facilitate the amalgamation would be the girls’ school and also that an additional portion of land be acquired from the Sisters of Mercy to facilitate the development. The Sisters of Mercy have indicated that they would, in principle, be disposed to selling the current school site and additional lands to the rear of the school to facilitate the proposed works. The progression of this building project and the acquisition of the additional land required to facilitate the amalgamation, will be considered in the context of my Department’s multi- annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of my Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Higher Education Grants. 431. Deputy Thomas Byrne asked the Minister for Education and Science the decision reached on an application for a third-level maintenance grant in respect of a person (details supplied) in County Meath. [45662/09]

Labour Market Activation Initiative. 432. Deputy Olwyn Enright asked the Minister for Education and Science if a person (details supplied) in County Galway received written notification of the criteria involved when accepting a place under the Labour Market Activation Initiative, 2009; and if he will make a statement on the matter. [45698/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Under the labour market activation (LMA) initiative 2,500 places were made available to enable unemployed people pursue undergraduate and postgraduate courses on a part-time basis. The application and acceptance

563 Questions— 8 December 2009. Written Answers

[Deputy Batt O’Keeffe.] process for a particular course is a matter for the higher education institution concerned. In the case of the LMA programmes information would also have been publicly available through the HEA website and through Department of Social and Family Affairs offices. Applicants for places on the LMA programme were required to meet the eligibility criteria established for the initiative. As part of the application process, institutions were required to receive from applicants one of the following pieces of documentation: — Confirmation from the local social welfare office of the duration of the applicant’s claim to a jobseekers payment — A copy of form RP50 confirming the applicant is entitled to statutory redundancy from their most recent employment. Participants on the scheme are not required to pay the \1,500 registration fee and, while postgraduate students may be required to pay a nominal charge, students are not charged tuition fees. Participants who continue to meet all Department of Social and Family Affairs criteria on eligibility for Job Seekers Benefit and Job Seekers Allowance are entitled to retain their payments while studying on these programmes.

Disadvantaged Status. 433. Deputy Aengus Ó Snodaigh asked the Minister for Education and Science the reason some schools were excluded from the delivering equality of opportunity in schools DEIS grant scheme to improve the communications and information technology capacity in the classroom; the further reason he did not invite all DEIS band one schools to apply; and if he will make a statement on the matter. [45704/09]

434. Deputy Aengus Ó Snodaigh asked the Minister for Education and Science the person who selected the 100 schools and the reason the selection process for the delivering equality of opportunity in schools grant scheme to improve communications and information technology capacity in the classroom was done without any transparency; if there are plans to announce a separate grant for the excluded band one schools only; and if he will make a statement on the matter. [45705/09]

435. Deputy Aengus Ó Snodaigh asked the Minister for Education and Science the reason the grant for the developing equality of opportunity in schools grant scheme to improve the communications and information technology capacity in the classroom was increased to \1.5 million from the initial \1 million announced, on 11 November 2008; the further reason at this stage the excluded DEIS band one schools were included; and if he will make a statement on the matter. [45706/09]

436. Deputy Aengus Ó Snodaigh asked the Minister for Education and Science the way his Department and National Centre for Technology in Education can justify awarding a school (details supplied) a large grant under the developing equality of opportunity in schools grant scheme to improve their communications and information technology capacity in the classroom and another school in Dublin 8 did not receive a grant as the two schools serve the same school going population; and if he will make a statement on the matter. [45707/09]

437. Deputy Aengus Ó Snodaigh asked the Minister for Education and Science if his attention has been drawn to the fact that a school (details supplied) in Dublin 8 is the only school of the schools participating in the Digital Hub’s Learning Initiative that was not awarded the information and communication technology grant to improve their communications and infor-

564 Questions— 8 December 2009. Written Answers mation technology capacity in the classroom announced by him on 11 November 2008. [45708/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 433 to 437, inclusive, together. The Government allocated \1m in March 2008 from the Dormant Accounts Educational Disadvantage Programme for a scheme to assist 100 disadvantaged schools to progress towards achieving Digital Schools Status, this was subsequently increased to \1.6m in December 2008 in the expectation that the scheme would be heavily subscribed. The process of identifying the 100 primary schools for participation in the scheme involved selecting those schools participating in the Primary Urban Band 1 strand of my Department’s DEIS (Delivering Equality of Opportunity in Schools) Programme. The selection of schools for inclusion in DEIS was based on an extensive identification process conducted by the Edu- cational Research Centre on behalf of the Department in 2005 which identified the socio- economic variables that collectively best predict achievement. At present some 200 schools are included in the Primary Urban Band 1 strand of DEIS and within that band there are varying levels of disadvantage ranging from extreme to just severe. The 100 schools identified with the highest concentration of disadvantage within that band have been targeted to benefit from this particular scheme and applications were invited from these schools. The school referred to by the Deputy is outside of the first 100 DEIS Urban Band 1 schools and therefore was not included in the scheme. The possibility of extending the scheme in the future to other DEIS schools will be considered in the light of future available resources. The decision to limit the grant to the top 100 DEIS band 1 schools was taken on the basis that the available funds were limited and that dividing the limited overall fund between all DEIS band 1 schools (of which there are presently 200) would so dilute the individual grants as to render them insufficient to achieve their objectives. In 2006 the Comptroller and Auditor General reported on educational disadvantage initiatives in the Primary Sector and central to the findings was the importance of not spreading limited resources too thinly. The rationale for this decision was in line with these recommendations whereby limited resources are targeted on the schools in most need. My Depart- ment is committed to focussing its educational disadvantage measures on those schools serving the most disadvantaged communities. The Deputy will also be aware that \22 million in grants for ICT infrastructure was issued to primary schools at the end of November, with the priority on ensuring that there is a teaching computer and digital projector in every classroom. The school referred to by the Deputy has been awarded funding under this scheme.

Teaching Qualifications. 438. Deputy Denis Naughten asked the Minister for Education and Science further to Parliamentary Question No. 586 of 24 November 2009, the reason the person was not awarded arrears to September 2008 in view of the delays outside their control and the commitments given by his Department; and if he will make a statement on the matter. [45724/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The qualifications for the teacher in question were recognised by the Teaching Council in October 2009. It is my Depart-

565 Questions— 8 December 2009. Written Answers

[Deputy Batt O’Keeffe.] ment’s policy to pay the qualified rate to teachers from 1st September of the school year in which recognition has been obtained from the Teaching Council. Since the qualifications were recognised during the 2009/2010 academic year, salary at the qualified rate was backdated to the 1st September 2009 to the teacher in question. Accordingly, the person cannot be awarded arrears back to September 2008.

School Closures. 439. Deputy Niall Collins asked the Minister for Education and Science, further to Parliamentary Question No. 317 of 26 November 2009, if his officials will contact the board of management of a school (details supplied) in County Limerick, to ascertain the position regarding the future of the school, in view of the fact that parents of the pupils attending the school are now in receipt of further correspondence from the school board of management that imply that there is a possibility of the school closing in or before 2013; if he will be in a position, following this contact between his officials and the school, to clarify his plans to facilitate the appointment of alternative trustees in the event of no trustees being found; and if he will make a statement on the matter. [45725/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, officials in my Department recently met with the Trustees of the school to which he refers. The Trustees expressed some concern about the future of the school and it is my understanding that they are considering a number of options in this regard. The Department understand that the Trustees have recently met with the Board of Manage- ment, staff and representatives of the parent from the school to inform them of their concerns on its viability. Officials from my Department will shortly contact the Trustees to clarify their intentions. The Department decision will depend on the Trustees and Board of Managements decision on the school’s future.

Higher Education Grants. 440. Deputy Arthur Morgan asked the Minister for Education and Science about the higher education grant scheme in respect of educational courses offered; the way a course falls outside the eligibility criteria for these supports; and if he will make a statement on the matter. [45727/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Under the terms of my Depart- ment’s student grant and free fees schemes, students who are entering approved courses for the first time are eligible for grants and free tuition fees where they satisfy the prescribed conditions of the individual schemes, including those relating to progression. In general, students who previously pursued a course of study are not eligible for grant assistance or free tuition fees in respect of a second period of study at the same level, irrespective of whether or not a grant or tuition fees were paid previously. The main objective of this policy is to assist as many students as possible in obtaining one undergraduate degree and in progressing, where appropriate, to a postgraduate course of study. Subject to the conditions of the individual schemes, free tuition and grants are available where students are progressing to a course at a higher level.

566 Questions— 8 December 2009. Written Answers

An approved course for the purposes of the Schemes means a full-time undergraduate course of not less than two years duration and a full-time postgraduate course of not less than one year duration pursued in an approved institution. While I have no plans at present to change the current progression requirements of the existing schemes, my Department has been working closely with the Departments of Enterprise, Trade and Employment and Social and Family Affairs to develop appropriate responses to meet the upskilling needs of those who are losing their jobs or facing uncertain employment prospects. The Back to Education Allowance (BTEA) is a second chance education opportunities scheme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and therefore, their prospects of returning to the workforce. Eligibility for the Back to Education Allowance and associated payments is determined and administered by the Department of Social and Family Affairs and is primarily a matter for my colleague, the Minister for Social and Family Affairs.

Stay Safe Programme. 441. Deputy Mary O’Rourke asked the Minister for Education and Science the number of primary schools that are not operating the stay safe programme. [45728/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Continuing Professional Development (CPD) to support the implementation of the Stay Safe programme is provided by the Child Abuse Prevention Programme (CAPP). Results of a survey on the uptake of Stay Safe carried out by CAPP and my Department, identified over 700 schools which were either not implementing the Stay Safe programme in full, or not implementing the programme at all. My Department, through Teacher Education Section, made additional resources available in order to provide targetted support to these schools. In September 2009, there remained 266 schools which had yet to access CPD and this number has now been reduced to less than 200. CAPP, in conjunction with the Primary Professional Development Service (PPDS) will continue to target the provision of CPD in these schools. My Department has also issued Child Protection Guidelines and Procedures to all primary schools giving direction and guidance to school management and staff in dealing with alle- gations or suspicions of child abuse, with the protection and well-being of the child being the most important consideration. These were based on the Children First national guidelines issued by the Department of Health and Children and were specifically adapted to cater for a primary school setting. Child Protection Guidelines training is available to all Designated Liai- son Persons and Deputies in schools.

Higher Education Grants. 442. Deputy Brian Hayes asked the Minister for Education and Science the unit cost in processing a grant application under the various student support grants for higher education provided by the 66 awarding bodies; and if he will make a statement on the matter. [45736/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Under the current administrative arrangements, processing of student grant applications is a matter for individual local authorities and Vocational Educational Committees. My Department does not collect information on the unit cost of processing grant applications within each of the 66 bodies involved.

567 Questions— 8 December 2009. Written Answers

[Deputy Batt O’Keeffe.]

The unit cost involved for each of these awarding bodies will vary depending on their size, the level of activity, the numbers of staff assigned either on a full-time or part-time basis and other relevant factors. The overall staffing cost associated with administering student grants in the local authorities and VECs was estimated at \8.9m in March 2009.

Schools Building Projects. 443. Deputy John Deasy asked the Minister for Education and Science the amount of his capital school building programme that was allocated to schools in Waterford City and county in his 2009 budget; the schools affected; the amount allocated to each in the budget; and if he will make a statement on the matter. [45751/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware from my answer of 1 December to Parliamentary Question 43982/09, my Department’s capital investment in schools in Waterford amounts to \6.29 million at primary level and \2.88 million at post-primary level so far this year. In any year, my Department’s overall capital budget is allocated between the primary, post- primary and third-level sectors. Within the primary and post-primary sector, the allocation is further allocated to particular capital grant schemes in operation in that sector e.g. major building projects, devolved building grant schemes such as the Permanent Accommodation Scheme, Summer Works Scheme, Emergency Works scheme and Minor Works Grant scheme (for primary schools). These allocations are made in accordance with the expected requirements under each scheme by sector, taking into account contractual commitments under each scheme that are carried forward from previous years and the expected expenditure arising from any new projects which will commence during the year. An estimated expenditure on individual major building projects, either under construction or approved to proceed to tender and construction, is taken into account at start of year in determining the overall profiles of expenditure at sectoral level. Where projects have commenced construction and a contractual commitment can be determined, this can be taken as an accurate guide to expected expenditure during the year. There were no major projects in construction in Waterford at the start of 2009. For projects on the construction programme, prior to the placement of a construction contract, aggregate expenditure projection is estimated in accordance with the project cost plans and the expected dates of commencement on site. There are four such projects in County Waterford currently on the construction programme. All four projects are currently out to tender and the project costs will be confirmed when a tender report has been received for each project. The expenditure in the primary and post-primary sectors, under the various schemes, is monitored and managed throughout the year and appropriate adjustments are made as appropriate. The proportion of the annual capital allocation which will be expended on major projects in any capital year depends on the progress of individual projects to tender and construction and the speed of construction for projects on-site. The exact position in respect of individual projects will only become clear at the end of the year.

Higher Education Grants. 444. Deputy Arthur Morgan asked the Minister for Education and Science the number of

568 Questions— 8 December 2009. Written Answers grant applications which have yet to be processed by local authorities and vocational education committees on a county basis; and if he will make a statement on the matter. [45770/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The information requested by the Deputy is set out below and has been supplied to my Department by the local authorities and the Vocational Education Committees. Students and parents should return all necessary supporting documentation as early as possible to assist the awarding bodies to make prompt decisions on entitlement.

Name of VEC Number of new applications yet to be processed as at 27.11.09

Carlow 53 Cavan 151 Clare 377 Cork City 426 Cork Co. 1,897 Donegal 1,358 CDVEC 1,870 Dun Laoghaire 50 Co Dublin 2,346 Galway City 76 Galway Co. 556 Kerry 471 Kildare 423 Kilkenny 351 Laois 130 Leitrim 63 Limerick City 63 Limerick Co. 279 Longford 115 Louth 74 Mayo 848 Meath 410 Monaghan 182 Offaly 119 Roscommon 109 Sligo 223 Tipperary NR 313 Tipperary SR 100 Waterford City 178 Waterford Co. 84 Westmeath 268 Wexford 300 Wicklow 509

Total 14,772

569 Questions— 8 December 2009. Written Answers

[Deputy Batt O’Keeffe.]

Name Of County Council Number of new applications yet to be processed as at 27.11.09

Carlow 30 Cavan 168 Clare 215 Cork City 191 Cork Co. 977 Donegal 117 Dublin City 900 Dun Laoghaire 411 Fingal Co. Co. 429 Dublin South Co. Co. 188 Galway Co. 339 Kerry 982 Kildare 531 Kilkenny 100 Laois 21 Leitrim 33 Limerick City 64 Limerick Co. 70 Longford 56 Louth 282 Mayo 573 Meath 268 Monaghan 42 Offaly 49 Roscommon 68 Sligo 64 Tipperay NR 79 Tipperary SR 159 Waterford City 19 Waterford Co. 183 Westmeath 95 Wexford 211 Wicklow 282

Total 8,196

Schools Refurbishment. 445. Deputy David Stanton asked the Minister for Education and Science if his attention has been drawn to the need for a new roof for a school (details supplied) in County Cork; if he has received an application under the summer works grant scheme to replace this roof; if a decision on the application has been made; and if he will make a statement on the matter. [45836/09]

570 Questions— 8 December 2009. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm to the Deputy that my Department has received an application under the Summer Works Scheme for a roof replacement at the school to which he refers. Following an assessment process, projects will be selected for funding from all valid and approved applications on a top down basis in accordance with the prioritisation criteria published with the Scheme. In keeping with the timetable published with the governing Circular letter, I expect to be in a position to publish the list of successful applicants in March 2010.

School Accommodation. 446. Deputy David Stanton asked the Minister for Education and Science if his attention has been drawn to the need for a new classroom at a school (details supplied) in County Cork; if he has received an application for construction of this classroom as well as replacement of portacabins with a permanent structure; if a decision on this request has been made; and if he will make a statement on the matter. [45837/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers has applied to my Department for capital funding for the provision of ancillary accommodation. The application has been assessed in accordance with published prioritisation criteria for large scale projects and assigned a band 3 rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on the Department’s website at www.education.ie. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on the Department’s website. In November 2009, the school made a further application for the provision of an additional mainstream classroom and ancillary accommodation. This application will be assessed shortly. The progression of all large scale building projects, including this project, from initial design stage through to construction will be considered in the context of the school building and modernisation programme. However, in view of the level of demand on the Department’s capital budget, it is not possible to give an indicative timeframe for the progression the project at this time.

Schools Refurbishment. 447. Deputy David Stanton asked the Minister for Education and Science if his attention has been drawn to the needs of a school (details supplied) in County Cork; if he has received an application under the summer works scheme 2010 for works to be carried out; if a decision on this application has been made; and if he will make a statement on the matter. [45838/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm to the Deputy that my Department has received an application under the Summer Works Scheme for an access road and covered walkway at the school to which he refers.

571 Questions— 8 December 2009. Written Answers

[Deputy Batt O’Keeffe.]

Following an assessment process, projects will be selected for funding from all valid and approved applications on a top down basis in accordance with the prioritisation criteria published with the Scheme. In keeping with the timetable published with the governing Circular letter, I expect to be in a position to publish the list of successful applicants in March 2010.

Schools Building Projects. 448. Deputy Darragh O’Brien asked the Minister for Education and Science the position regarding the provision of a permanent school for a school (details supplied) in County Dublin; and if he will make a statement on the matter. [45841/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers has applied to my Department for capital funding for the provision of a new school building. The application has been assessed in accordance with published prioritisation criteria for large scale projects and assigned a band 1 rating, the highest priority that can be assigned to a project. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on the Department’s website at www.education.ie. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on the Department’s website. The progression of all large scale building projects, including this project, from initial design stage through to construction will be considered in the context of the school building and modernisation programme. However, in view of the level of demand on the Department’s capital budget, it is not possible to give an indicative timeframe for the progression the project at this time.

Special Educational Needs. 449. Deputy Darragh O’Brien asked the Minister for Education and Science the model of special needs teaching which will be implemented in the special needs unit which will be put in place in a school (details supplied) in County Dublin when the permanent school building is delivered; and if he will make a statement on the matter. [45845/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware of my commitment to ensuring that all pupils including those with special educational needs receive an education appropriate to their needs. Special classes have lower pupil teacher ratios and support from special needs assistants as required. Depending on the abilities of the pupils concerned, they may avail of inclusion opportunities and attend mainstream classes in individual subjects. Pupils benefit from fully- qualified teachers who have access to additional training in a range of approaches. The level of such training available to teachers has improved dramatically in recent years.

572 Questions— 8 December 2009. Written Answers

Higher Education Grants. 450. Deputy Joanna Tuffy asked the Minister for Education and Science the number of third level students in County Meath who are still waiting on their first maintenance grant payment; the number of students in County Meath who applied for maintenance grants this academic year; the number receiving the maintenance grant in the 2009/2010 academic year; the timeline for the distribution of the remaining grants to students for the remainder of the 2009/2010 academic year; and if he will make a statement on the matter. [45846/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The information requested by the Deputy is set out below and has been supplied to the Department by Meath Vocational Education Committee and Meath County Council. Students and parents should return all necessary supporting documentation as early as possible to assist the awarding bodies to make prompt decisions on entitlement.

Awarding Body Number of Number of Of Grants Expected Applications Grants Awarded — Timeline for Received Awarded Number of Decisions on Students Incomplete Awaiting 1st Applications Installment

County Meath VEC 1,203 602 64 End Jan 2010 Meath County Council 1,088 532 0 End Jan 2010

Services for People with Disabilities. 451. Deputy Joanna Tuffy asked the Minister for Education and Science the number of third level students who have made an application under the fund for students with disabilities scheme over the past four years; the value of the complete fund over each of the past four years; the amount of money provided to students from County Meath in each of the past four years; the role the fund will play in the new national strategy for third level; and if he will make a statement on the matter. [45847/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Fund for Students with Disabilities provides funding to both further and higher education institutions for the provision of services and supports for full-time students with disabilities. The fund is managed by the Higher Education Authority on behalf of my Department and is funded under the National Development Plan 2007-2013, with assistance from the European Social Fund. Data on the fund as requested by the Deputy is provided in the following tables. The data includes information on overall approvals and allocations under the scheme for the previous four years. In addition, information is provided on the number of approvals and gross allocations under the fund for students from Co. Meath. The national strategy for higher education is currently being developed. Specific recommendations will become available when the strategy is finalised in 2010.

Table 1.1: Gross allocation and number of students approved 2005/06-2008/09.

Fund for Students 2005/06 2006/07 2007/08 2008/09 with Disabilities

Gross allocation \8.126m \9.987m \13.533m \11.835m Students approved 2,032 2,444 3,099 3,843

573 Questions— 8 December 2009. Written Answers

[Deputy Batt O’Keeffe.]

Table 1.2: Students from County Meath approved under the Fund for Students with Disabilities 2005/06 to 2008/09

Year 2005/06 2006/07 2007/08 2008/09 Total

Number of Students 40 57 85 123 305

Table 1.3: Gross Allocation approved under the Fund for Students with Disabilities 2005/06 to 2008/09 for students in County Meath

Year 2005/06 2006/07 2007/08 2008/09 Total

Allocation \192,909.11 \ 257,829.09 \308,417.09 \289,634.80 \1,048,790.09

Schools Building Projects. 452. Deputy Eamon Gilmore asked the Minister for Education and Science when the sketch design for a school (details supplied) will progress to stage 2(b) in view of the fact that all of the requested additional information is with his Department’s technical staff since October 2009; and if he will make a statement on the matter. [46001/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The project for the school referred to by the Deputy has been approved to progress to tender and construction and is currently at stage 2(a) of architectural planning. In late April, the Department issued detailed comments on the stage 2a submission (developed sketch design) and requested additional information from the design team relating to the project. This was received in June and reviewed by the Department’s Technical staff and further detailed comments issued in September. The Design Team were requested to consider and respond to each of the comments listed. The Design Team’s response was received at the end of October and is currently being considered. My Department will be in contact with the school authority and the design team when this consideration has been completed.

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