Da´Il E´Ireann

Vol. 655 Tuesday, No. 3 27 May 2008

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Tuesday, 27 May 2008.

Ceisteanna—Questions Taoiseach ………………………………… 427 Minister for the Environment, Heritage and Local Government Priority Questions …………………………… 436 Other Questions …………………………… 445 Adjournment Debate Matters …………………………… 452 Leaders’ Questions ……………………………… 453 Requests to move Adjournment of Daíl under Standing Order 32 ……………… 457 Order of Business ……………………………… 458 An Bille um an Naou´ Leasu´ is Fiche ar an mBunreacht 2008: An Cheád Cheím…………464 29th Amendment of the Constitution Bill 2008: First Stage ………………… 464 Private Notice Questions: Dispute in Irish Rail …………………………… 464 Prison Building Programme: Motion ………………………………… 474 Referral to Joint Committee ………………………… 493 Private Members’ Business Pupil-Teacher Ratio: Motion ………………………… 493 Adjournment Debate Cancer Treatment Services ………………………… 516 Hospital Services ……………………………… 518 Proposed Legislation …………………………… 520 Personal Statement by Member ………………………… 522 Adjournment Debate (resumed) Court Procedures ……………………………… 522 Questions: Written Answers …………………………… 525 DA´ IL E´ IREANN

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De´ Ma´irt, 27 Bealtaine 2008. Tuesday, 27 May 2008.

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

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Paidir. Prayer.

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Ceisteanna — Questions.

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National Security Committee. 1. Deputy Enda Kenny asked the Taoiseach if he will report on the recent work of the interdepartmental group established to monitor the aftermath of the 2001 terrorist attacks in the United States; and if he will make a statement on the matter. [10011/08]

2. Deputy Eamon Gilmore asked the Taoiseach if the interdepartmental group established to monitor the terrorist threat in the aftermath of September 2001 is still functioning; when the group last met; and if he will make a statement on the matter. [11367/08]

3. Deputy Caoimhghı´nO´ Caola´in asked the Taoiseach the purpose and remit of the interdepartmental group on security established in the wake of the 11 September 2001 atrocities in the United States; and if he will make a statement on the matter. [15229/08]

The Taoiseach: I propose to take Questions Nos. 1 to 3, inclusive, together. Having regard to the confidential nature of the work of the National Security Committee, it would not be appropriate to disclose information about the dates of individual meetings nor any of its proceedings. The committee is chaired by the Secretary General to the Government and comprises representatives at the highest level of the Departments of Justice, Equality and Law Reform, Defence and Foreign Affairs and the Garda Sı´ocha´na and the Defence Forces. It is concerned with ensuring that I and the Government are advised of high level security issues and the responses to them, but not involving operational security matters. The committee meets as required and will continue to do so. In addition to their meetings, the members liaise on an ongoing basis to monitor developments that might have national security implications, in particular in the international arena.

Deputy Enda Kenny: I raised this matter with the Taoiseach’s predecessor on several occasions and was informed that people with direct links with al-Qaeda cell groups were living in this country and were under close scrutiny by the Garda. Since his accession has the Taoiseach been briefed by security authorities on this matter? Will he comment on whether 427 Ceisteanna — 27 May 2008. Questions

[Deputy Enda Kenny.] there is any evidence of al-Qaeda-linked cells operating in or living either in the Dublin area or in the country? Is he also aware of the clear threat of international terrorism in that al-Qaeda has threatened to target the forthcoming European football championships? In view of our proximity to the west coast of Britain, is the Taoiseach satisfied that the protections in place at Sellafield will stand up to any possible threat or attack? Has he consulted on this matter with his counterpart, Prime Minister Gordon Brown? If he has not discussed this with Mr. Brown, is it his intention to do so, in light of the statement from al-Qaeda to target the forthcoming European championships?

The Taoiseach: We are all aware in the aftermath of 11 September attacks and other more recent outrages of the scale of the threat posed by international terrorism. While there are no grounds to suggest that Ireland is at particular risk, the security services maintain a high state of vigilance. They are also in regular contact with other security services and there is an ongoing exchange of information and intelligence through fora such as Europol and Eurojust. It would not be appropriate to speculate on the matter of what persons may or may not be linked to terrorist organisations, except to assure the Deputy that the Garda Sı´ocha´na closely monitors the security situation on an ongoing basis. This would include any activities that might pose a threat to international security. The committee has an advisory role to ensure the Taoiseach and the Government are apprised of high-level security issues and the responses to them. The security services keep in close contact on these matters.

Deputy Enda Kenny: Can I take it the Taoiseach will raise the matter of security with his counterpart, Gordon Brown, when the opportunity presents, particularly in light of the Euro- pean championships? On the Order of Business in the House last week I raised the matter of damage to a number of vehicles during transportation to Chad. The Taoiseach will be aware that this is a logistically complex and very dangerous operation. Can I take it he has spoken to the Minister for Defence and that the necessary arrangements are in place to ensure our troops there are properly and fully equipped and that if these vehicles have either to be repaired or replaced this would be done forthwith? What is the view of the Taoiseach and the Government of the threat posed by dissident republican groups on this island? He will be aware of the Independent Monitoring Com- mission’s 18th report which refers specifically to O´ glaigh na hE´ ireann. It states that in the period of the 18th review, this group was more than likely responsible for the murder of And- rew Burns in County Donegal on 12 February 2008. This is the first murder attributed to this group. The Taoiseach will be aware that in December 2007 O´ glaigh na hE´ ireann launched a pipe-bomb attack on Strabane PSNI station. The report also refers specifically to the Irish Republican Liberation Army, the IRLA, and its involvement in the centre in the Ardoyne area of Belfast. The report is very specific in its references to these two groups. The IMC states in the report that all of these groups are aware of the publicity attracted once an incident occurs. Has the Taoiseach had discussions on this 18th report of the Independent Monitoring Com- mission? This is an objective and independent report. There is a clear threat of whatever magnitude. Has the Taoiseach an up to date position on this matter? Has he a current estimate of the numbers involved, whether it is ten, 20, 50 or less than 100? Is it the Taoiseach’s considered view that either of these groups, or both of them, have the capacity to carry out a 428 Ceisteanna — 27 May 2008. Questions major act of violence either in the Republic or elsewhere on the island of Ireland? Is that the information available to the Government? Perhaps the Taoiseach could comment.

The Taoiseach: Earlier I said in relation to terrorist threats that the security services are constantly monitoring and liaising with other security services, as appropriate, to deal with that matter. I do not think there is any benefit in saying more about it, other than that, so it will not be misinterpreted one way or the other. The situation in Chad is outside the remit of these questions. Operational matters are dealt with by the Minister for Defence. If the Deputy tables a written or oral parliamentary question to that effect, he will get an accurate reply. As regards the question of dissident activity, the IMC report was positive but there is always a problem with some small dissident groups. Thankfully, our security services, including the Garda Sı´ocha´na, have been very successful to date in ensuring the nefarious activities of such groups have not brought about the mayhem, or worse, that they have been contemplating. Monitoring has been taking place successfully in this respect and we are glad to report that such attempts have been thwarted. Gardaı´ will be particularly mindful of that issue in their efforts to quell any activity from that quarter, which has no mandate from anyone and must be dealt with firmly within the law. That includes bringing criminal proceedings where necessary and where evidence can be obtained and collated. It is an ongoing operational matter that the Garda Commissioner and his senior colleagues are co-ordinating. I commend them for the work they have been doing so far. I hope they will continue to be successful in thwarting those who seek to undermine everything that everyone else is trying to achieve.

Deputy Enda Kenny: What are the numbers?

An Ceann Comhairle: I will come back to Deputy Kenny, but I am calling Deputy Gilmore.

Deputy Eamon Gilmore: The specific questions are about the operation of the committee and I appreciate that, for understandable reasons, the Taoiseach does not want to get into the committee’s operational work. However, will the Taoiseach provide a general assessment of the extent to which people may feel reasonably secure that the Government and the State’s security services, working with other security and intelligence services, are on top of the threat from terrorism? People are going about their normal business and are travelling abroad on planes or ships, as well as attending major events. Can the Taoiseach give them an assurance that our security services, working with other security services, are on top of the threat from terrorism? What is the Taoiseach’s assessment of the situation in this country? Are we talking about a relatively small number of people who are posing, or are likely to pose, a terrorist risk?

The Taoiseach: The Government is satisfied that the necessary structures are in place to obtain, assess and act on intelligence concerning the threat posed by terrorism, including international terrorism. The highest priority continues to be placed by the Government and the security services on identifying and countering any threats that may have implications for this country. Obviously, there is ongoing liaison both bilaterally in terms of working with other intelligence services and also in the context of Europol and Eurojust, which is another indication of the importance of the European connection in this matter in terms of security and justice matters generally. Given the nature of terrorism and what it represents, there are absolutely no grounds for complacency. One must be mindful of the need to continue to monitor to the greatest possible extent. There are no guarantees in this line of work but, as I said, we are satisfied the necessary structures are in place to obtain, assess and act on intelligence and considerable resources are devoted to that effort. This has become more complex in view of the international nature of it. The source of that terrorist activity has changed. Clearly, it poses 429 Ceisteanna — 27 May 2008. Questions

[The Taoiseach.] continuing challenges in terms of being able to track people who may be suspect or who may need to be monitored for any period they happen to be here. That depends very much on the level of co-ordination with services outside this jurisdiction. A significant effort is being applied internationally and within the European Union also to deal with that matter. I do not think it serves any purpose for me to say any more than that since it is an operational matter dealt with by those charged to deal with it who are expert in that area and who have considerable experience, unfortunately, in terms of our own domestic situation in trying to keep tabs on some of these activities.

Deputy Eamon Gilmore: I wish to pursue a little further with the Taoiseach the extent, or his assessment of the extent, of the terrorist threat or the terrorist related activity within the State. The Criminal Justice (Terrorist Offences) Act 2005 allows the Garda to obtain the personal telephone records of persons who are suspects for terrorist offences which carry prison sentences of five years or more. The last year for which figures are available is 2006. According to those figures, 10,000 requests were made by the Garda in 2006 for access to personal telephone records. That is approximately 30 per day, which would suggest that the extent of terrorist related activity is much higher within the State than most of us would have thought. Will the Taoiseach indicate why such a high number of requests were made by the Garda for access to personal telephone records in its investigations on terrorist related activities in 2006?

The Taoiseach: We cannot draw an inference from the numbers mentioned by the Deputy as to the number of people who have been genuinely suspect; in other words, that relates to calls as I understand it. Therefore, in terms of a question, the matter could best be placed before the Minister for Justice, Equality and Law Reform who would have a more direct line of responsibility for this matter than me. I am simply advised generally as to the situation through the national security committee. I do not think the inference the Deputy may be drawing is necessarily the case in terms of the numbers being monitored.

Deputy Caoimhghı´nO´ Caola´in: Has the interdepartmental group in question discussed the implications of the Government’s ongoing accommodation of US military flights at Shannon Airport en route to its war in Iraq? Given that we are currently hosting an international conference that is addressing the whole issue of cluster munitions, whose intent I wish every success, what assurance can the Taoiseach give that the flights using Shannon Airport are not themselves transporting cluster munitions to its war arena in Iraq? Does the Taoiseach agree that, as these questions are all in the context of post-11 September 2001, there are, indeed, security implications and that we would have justification in being concerned for the people who are employed at Shannon and those who live in close proximity to it by the ongoing presence, regular and recurrent, of US military aircraft and with all the questions that have arisen and have not been satisfactorily answered in relation to the potential use of that facility and those planes for the transportation of prisoners by means of rendition, a term which has entered into the vocabulary? Does the Taoiseach not accept that the assurances of what I regard as the discredited Bush regime in relation to the whole matter of the war in Iraq are not sufficient, are simply not good enough and do not quell the justifiable concerns, questions and fears of the Irish people? Does the Taoiseach not believe that it would be appropriate to assuage public fear and establish the truth of the matter that the Garda should be instructed to carry out routine and regular checks of these aircraft to establish whether they were transporting prisoners and whether unacceptable munitions such as cluster munitions were being accommodated on such flights? 430 Ceisteanna — 27 May 2008. Questions

The Taoiseach: The role of the committee that is the subject of these questions is to ensure that I and the Government are kept advised of high level security issues and the responses to those issues. The committee has no role in relation to the wider policy or political issues of the type raised by the Deputy and, therefore, they are not relevant to this question.

Deputy Caoimhghı´nO´ Caola´in: I do not understand how these matters would be irrelevant to the remit of the committee. Our understanding is that this is an interdepartmental group on security established in the wake of the attacks of 11 September 2001. Surely the potential for an attack, which has been raised on many occasions by different voices in the wake of the events of 11 September 2001 and in the fact that the Government continues to accommodate US military overflights and landing opportunities at Shannon Airport, is very much within the remit and context of the interdepartmental group’s brief.

An Ceann Comhairle: We cannot have a debate on the issue.

Deputy Caoimhghı´nO´ Caola´in: I am asking the Taoiseach to clarify the reason he can make the claim that the interdepartmental group does not have a function or role in addressing these matters. Surely the group should have such a role if it is tasked with addressing national security issues. Surely this is a matter of national security concern which would merit address by this interdepartmental group. Will the Taoiseach explain why the group has apparently not addressed these matters heretofore? Will he not now consider that it should address them?

The Taoiseach: No, Ireland has made overflight and landing facilities available to the United States for more than 50 years. This matter had nothing to do with the setting up of the interdepartmental committee, nor is it relevant to it. Aircraft wishing to carry munitions of war on Irish territory can only do so with the permission of the Minister for Transport in the case of civilian aircraft and the Minister for Foreign Affairs in the case of foreign military aircraft. There have been no applications for the transport of such munitions. As I said, the arrangements that are in place in Shannon Airport have been in place for decades under successive Governments.

Deputy Caoimhghı´nO´ Caola´in: Will the issue be irrelevant until something happens? The Taoiseach’s answer is incredible.

Deputy Billy Timmins: As Members will be aware, Ireland, as a neutral country, is not part of any common defence pact and there are no plans to change that position in the immediate future. While I do not intend to overstate the position, does the Taoiseach agree that if the interdepartmental group were to examine the attacks of 11 September 2001, it would immediately ascertain that we could do nothing in the event of a similar incident taking place here? Are plans in place to deal with the possibility, however remote, of a similar event occurring here? Are there plans to purchase equipment to permit us to deal with such an event?

The Taoiseach: The Deputy will be aware that emergency planning is a separate issue which comes under the aegis of the Department of Defence. The Department deals with contingency planning in that area and what the military would be required to do to assist in the event of any such attack taking place. Considerable work has been done in the emergency planning area. The office of emergency planning was set up shortly after the events of 11 September 2001 to co-ordinate the work of the various emergency services in preparing contingency plans. The task force on emergency planning, which is chaired by the Minister for Defence, meets frequently to assist in that role. If the Deputy has further queries on the policies formulated since then, he should direct them to the Minister for Defence. The national security committee informs us of high level security matters, but we do not get involved in the operational aspects. 431 Ceisteanna — 27 May 2008. Questions

Deputy Enda Kenny: If evidence became available that an aircraft was coming in over the Atlantic with a terrorist intention, such as flying into a building, has this committee a plan in place to deal with it? We have no capacity to deal with it at present. Was a specific plan put in place by this committee to call in assistance so that the State could deal with such a situation? A few years ago there were a few scares about the circulation of anthrax and other poisons in Ireland. Is there a plan to deal with that element of terrorist activity, be it by al-Qaeda or any other group? Has the committee any contingency plans in place to deal with these admit- tedly unlikely situations? Rather than just saying it is somebody’s responsibility, are there plans that can be put into operation if something like that happened?

The Taoiseach: Military contingency planning is about making preparations for these worst case scenarios. That is precisely what our military people do. They put in place arrangements in the context of contingency planning. I do not have that detail here, but the Defence Forces are very professional and they are in a position to provide for all eventualities. I do not know the specifics of what assistance would be obtained in dealing with that matter, but it would be in place.

Freedom of Information. 4. Deputy Enda Kenny asked the Taoiseach the number of freedom of information requests received by his Department during February 2008; and if he will make a statement on the matter. [10013/08]

5. Deputy Eamon Gilmore asked the Taoiseach the number of freedom of information requests received by his Department in the first two months of 2008; the way this compares with the same two-month period in each year from 2002; and if he will make a statement on the matter. [11368/08]

6. Deputy Caoimhghı´nO´ Caola´in asked the Taoiseach the number of freedom of information requests received by his Department in the first three months of 2008 compared to the first three months of 2004; and if he will make a statement on the matter. [15230/08]

The Taoiseach: I propose to take Questions Nos. 4 to 6, inclusive, together. I propose to circulate in the Official Report a table showing the figures requested by the Deputies regarding freedom of information requests received in my Department. All FOI applications received in my Department are processed by statutorily designated officials in accordance with the Freedom of Information Acts 1997 and 2003. In accordance with those Acts, I have no role in processing individual applications.

January February March Total

2002 20 12 14 46 2003 21 29 30 80 2004 1 8 2 11 2005 2316 2006 9 1 4 14 2007 14 1 8 23 2008 4 5 1 10

Total 71 59 60 190

432 Ceisteanna — 27 May 2008. Questions

Deputy Enda Kenny: Does the Taoiseach agree that the changes introduced by the Govern- ment to the Freedom of Information Act have seriously curtailed the right of the citizen to find out what is going on in certain areas, agencies and organisations? The Taoiseach is always interested in outcomes and delivery. Is he happy that many of the Departments in the public service fail consistently to provide on time the information sought under the Acts? There is a specific requirement that even if the information is restricted, it should at least be delivered on time, but that is not happening in a range of areas. The Information Commissioner issued a report at the tenth anniversary conference on 15 May. She stated there is no good reason that key bodies, such as the Garda Sı´ocha´na, the Office of the Refugee Applications Commissioner, the Refugee Appeals Tribunal, vocational education committees and their schools, the State Examinations Commission and 3 o’clock the CAO, should not be subject to the scrutiny which is provided for under the Freedom of Information Acts. She says there is no justification for this state of affairs in Ireland and that we are the only country where practice is significantly out of line with virtually all of the 70 other countries where freedom of information legislation applies. It is not that these bodies are deliberately doing something illegal but should it not be the citizen’s right to find out what is going on, why and how decisions were made? Does the Taoiseach agree with the Information Commissioner’s report on the tenth anniversary of the Freedom of Information Act that it should be extended to bodies such as those listed so that this can be made more open? We are campaigning in favour of the Lisbon treaty on the basis that the Council, the Parliament and the Commission will sit in public and let people see what is going on and how decisions are made. In our country, we are out of line with 70 other countries where freedom of information applies. While nothing illegal is being done, does the Taoiseach agree it should be made more open?

An Ceann Comhairle: I remind Deputy Kenny and other Members that freedom of information issues are a matter for the line Minister, the Minister for Finance. The Taoiseach is not the line Minister but if he has a contribution to make I will not prevent him.

The Taoiseach: I was about to make the point that the Minister for Finance is responsible for its implementation, review and extension. When freedom of information legislation was first introduced, it applied to 67 bodies or agencies. The largest extension took place in 2006 when I was Minister for Finance and I extended it to a further 137 bodies, giving a total of 502 regarding the number of bodies to which freedom of information applies. It has increased from 67 to 502 bodies in ten years. While the Information Commissioner speaks of it being out of line with 70 other countries, my recollection of the Bill being brought before the House by a previous Administration was that it was quite progressive in terms of the method by which information can be sought. My recollection is that it is far less restrictive than is the case across the water. I cannot discuss that in detail today but I can give my impression. There has been a broadening of the bodies to which this legislation applies and whether and how it should be extended beyond the current number is a matter for ongoing consideration by the Minister for Finance. There is nothing axiomatic about the figure of 502 at present. It may well be extended in the future. The report to which the Deputy refers was issued recently and may obtain consideration within the Department and by the Minister in due course. I do not agree that the 2003 changes greatly restricted freedom of information. It is quite the contrary; there are far more bodies to which it applies. The idea was to bring balance to the situation and ensure that we have appropriate use of the Act. Personal information is available in all situations for people to whom the Act applies. It is important that this is done in a timely manner, that there is an internal review situation and that appeals can be made. I

433 Ceisteanna — 27 May 2008. Questions

[The Taoiseach.] am not aware of the specifics to which the Leader of the Opposition refers. In the main, the Act, as applied by various officers in charge of its implementation, is applied at arms length from the heads of the organisations concerned and works quite well.

Deputy Eamon Gilmore: The Taoiseach referred to the Minister for Finance, who attended and spoke at the tenth anniversary of the Freedom of Information Act event. He caused a great deal of depression by his refusal to countenance any reversal of the charging regime for the making of applications under the Freedom of Information Act and for——

An Ceann Comhairle: The Deputy will be aware that the issue of fees is a matter for the Minister for Finance.

Deputy Eamon Gilmore: Yes. I am drawing the two issues together. The Minister is refusing to change the fee regime. The Information Commissioner has stated that the fee regime is causing people not to make applications. The table which the Taoiseach promised to circulate, of which we have not yet had sight but which I presume will be in line with previous replies, will show there has been a dramatic reduction in the number of applications made under the Freedom of Information Act since the introduction of the fees. Another aspect of this is the review of the legislation. The Information Commissioner has asked for the extension of the Freedom of Information Act to additional bodies and the Taoiseach has responded to that request. The commissioner, in the course of her address to the tenth anniversary event, asked for a thorough review of the Freedom of Information Act. Does the Government intend to carry out a thorough review of that Act? What direction will such a review take? Will it focus on increasing or further restricting application of the Freedom of Information Act?

The Taoiseach: I do not accept application of the Act has been further restricted given we have been extending the numbers of bodies to which it applies. I have just explained to the Deputy that in 2006 alone, during my time as Minister for Finance, I extended it to a further 137 bodies. I do not accept, therefore, that our attempt is to restrict it. Deputy Gilmore referred to fees which are, in the first instance, a matter for the Minister for Finance. I understand there are no plans to review fees. The current system of fees was introduced in 2003. A fee of \15 is modest particularly when compared with the estimated average administrative cost of \485 for processing a freedom of information request. I do not believe anyone could argue this is unreasonable or that it discourages responsible FOI requests. It is important to point out that there is no charge for the time taken to examine the records sought with a view to determining whether they should be released. There is no charge for access to personal information. The fees have not been increased since their introduction in July 2003. Regarding appeal fees, it is \75 for an internal appeal and \150 for an appeal to the Information Commissioner. There are significant reductions for medical card holders, the fees for whom are \25 and \50 respectively. Appeals concerning personal information are entirely exempt from these fees. An appeal to the Information Commissioner is a quasi judicial process that can require many months to complete and can entail a considerable amount of work. The fee in this regard is a fair reflection of the nature of the appeals process and of the costs and time involved. It is important to note that a person who appeals to the commissioner receives a preliminary decision which is a fairly good indication of the likely final outcome. Even at this late stage in the process, the requester can withdraw an appeal and obtain a full refund of fees paid. I

434 Ceisteanna — 27 May 2008. Questions understand that approximately 30% of appeals made to the Office of the Information Com- missioner are withdrawn. Arrangements are in place to examine whether the Act can be extended to other groups of bodies including the Law Reform Commission, the last remaining body under the aegis of my Department to be included. The Minister for Finance reviews these matters on an ongoing basis. As I understand it, there are no proposals to extend the Act to the Garda Sı´ocha´na. While this has not been ruled out in the future, the matter is not currently under consideration.

Deputy Caoimhghı´nO´ Caola´in: Is the Taoiseach considering any changes to the Freedom of Information Act, in particular, in respect of the claims expressed in the OECD’s recent report that requests for freedom of information should be free? Has that particular section of the OECD report been brought to the Taoiseach’s attention? It acknowledges that applying fees has addressed some of the frivolity involved in requests but it also knows and has evidence that it is a prohibition to genuine information being sought and accessed. I know the Taoiseach is holding to one line of reply, but this is not only about the Information Commissioner. The OECD report and substantial independent opinion believe the fee structuring is prohibitive. How will the Taoiseach reply to the OECD report recommendations? Is the Taoiseach aware of the issues highlighted by the Information Commissioner with regard to the roles and functions of Departments or other bodies prescribed under the FOI Act being moved to newly established bodies with the records moving with them? Heretofore, the records were under the attention of the FOI Act and were accessible. Now that they are under a new body not yet listed they are not accessible for FOI inquiries. Two examples were cited. Records previously held by the Department of Transport transferred to the Road Safety Authority on its establishment in September 2006. The Road Safety Authority is not one of the listed bodies. Records once accessible under the FOI Act are no longer so. The establishment in 2006 of the Property Registration Authority which took over the functions of the Land Registry and the Registry of Deeds is another example of public record information previously accessible under the FOI Act no longer being the case. Does the Taoiseach consider that part of the core criteria of establishment of new bodies such as the Road Safety Authority and the Property Registration Authority should be that they are automatically registerable under the terms of the FOI Act?

An Ceann Comhairle: These are questions proper to the Minister for Finance and there is no compulsion on the Taoiseach to answer them.

Deputy Seymour Crawford: We will not compel him.

An Ceann Comhairle: If the Taoiseach wishes to give a view it is a matter for him. Deputy O´ Caola´in is asking the wrong man.

The Taoiseach: Questions on these matters are more properly put to the Minister for Finance.

Deputy Enda Kenny: The Taoiseach was there himself.

The Taoiseach: Having held the office, in fairness I suppose the point made by Deputy O´ Caola´in should receive due consideration. If records were available under the FOI Act and are now held by new bodies not in the existing orders I am sure the Minister for Finance will examine the logic of having people in the new agencies competent to deal with the matter. This may involve a short period of training people and acquainting them with what is required and in due course bringing them into the FOI regime. I do not see any reason this should not be the case.

435 Priority 27 May 2008. Questions

Deputy Enda Kenny: One of the Taoiseach’s responsibility is contact with Northern Ireland. Under the Freedom of Information Act in Northern Ireland, there is widespread availability of information for citizens on the PSNI. This is denied only in specific and exceptional circumstances. Now that the Garda Sı´ocha´na is being reformed, does the Taoiseach have a view on whether the FOI Act should be extended to it? I look forward to the Minister for Finance coming to the House with a new and broad range of proposals on the Freedom of Information Act. In the past, he expressed himself as a liberal on these issues, stating that people should have access to this information, that the Government, its agencies and public departments do not do anything illegal and therefore citizens should be aware of these things. I look forward to the Minister for Finance, with the imprimatur of the Taoiseach, telling us what he will do.

Deputy Caoimhghı´nO´ Caola´in: I welcome the Taoiseach’s reply which indicated an acceptance of the merit of what I sought to establish out of the question concerned. Will the Minister for Finance heed the point on the establishment of these new bodies? My supplementary question was not answered. While the Information Commissioner’s position has been discussed, will the Taoiseach take on board the OECD report recommendations? Does he intend, on the collective weight of all these independent views, to re-examine the FOI legislation?

The Taoiseach: As the Deputy will be aware, I have established a task force to advise us on how we should go about implementing the OECD report and we should await the outcome of its deliberations. We want a situation where public services are provided as efficiently and effectively as possible and in the spirt of FOI legislation, which balances the issue of people having access to information in the public interest and preventing a range of requests that put the public system to considerable expense and time, but may not have a public interest element. The information might be interesting to some people but whether it is of public interest in the wider commonly understood sense of that term is a different question

Priority Questions.

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Public Private Partnerships. 88. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Govern- ment if he has been in contact with the local authorities regarding the use of public private partnership to provide social and affordable housing; and if he will make a statement on the matter. [21194/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Following the announcement by Dublin City Council on Monday, 19 May 2008, that a number of regeneration projects being carried out through PPP arrangements would not proceed as planned, my Department and the council met to examine the implications of the announcement for the projects concerned. The city council has informed the Department that, while the developer in question has not formally withdrawn from the projects, he has indicated that due to the adversely changed circumstances of the current private housing market, along with additional costs cited due to increased apartment sizes and new energy requirements, the approach under which the projects were tendered is unsustainable in the current market. I understand that a further meeting between the council and the developer concerned took place yesterday and, arising from this, the developer is to submit proposals to the council by

436 Priority 27 May 2008. Questions

Thursday of this week, setting out an approach through which he considers the projects might be taken forward. The council has undertaken to consider these proposals as a matter of urgency. My Department is also examining the potential implications of these events for the PPP housing programme generally and a specialist group has been established to further this aim. My main concern at this stage is to reassure the communities directly involved that the regeneration process continues. Dublin City Council remains firmly committed to this objective and my Department will continue to engage actively with the council as it endeavours to move the process forward as quickly as possible.

Deputy Phil Hogan: Since the news reached the communities in Dublin where the five regeneration projects were to take place, there has been a great deal of concern and anger at the delay in bringing them to fruition. The PPP process was deemed to be the solution to the problems related to acquiring the necessary capital for, and to giving impetus to, these housing projects. After waiting eight years for them to proceed, does the Minister of State accept the urgency regarding this matter has reached a level where the patience of the residents, who are the most important consideration in the entire debacle, is being called into question? Will he apply himself fully to ensuring Michael McNamara and Company, the successful bidder for these projects, and his Department engage with the communities to make sure they are reassured about the potential for many new and regenerated homes in their areas?

Deputy Michael Finneran: I accept that the five communities involved have concerns. The position is that three of them are signed contracts and two are at the tender process. Dublin City Council is in consultation with the regeneration boards in the different areas. My Department is actively in consultation with the council regarding these matters. As I said, a specialist group has been established under the chairmanship of my Department to look at the PPP process.

Deputy Phil Hogan: I beg the Ceann Comhairle’s indulgence to apologise to the Minister of State for not congratulating him on his first day here answering questions as Minister of State with responsibility for housing and to wish him well. The national development plan had significant targets in respect of social and affordable housing. The PPP process was part and parcel of the strategy to deliver those targets. With the rapid reduction in the number of house completions and the forecast for house completions in the next couple of years, can the Minister of State tell us what the revised social and affordable housing targets for the next couple of years are arising from the massive downtown in house completions we have seen this year and which is forecast for next year and the year after?

Deputy Michael Finneran: As the Deputy knows, the capital announcements have been made to the different local authorities. An allocation of \250 million has been made available to Dublin City Council. The PPP process is only one of a number of options available to Dublin City Council as regards the provision of housing. As I said, the developer in this case has not withdrawn from the projects. He has raised questions and ongoing discussions are taking place. We will have a further report by Thursday.

Deputy Phil Hogan: The Minister of State already knows that the money allocated to each local authority this year is insufficient to even meet the plans already put in train in 2007. Does he accept that there is a shortfall in the considerable amount of resources required in each local authority to fulfil the objectives set out in the national development plan? Will he revise his figures downwards to meet that new reality?

Deputy Michael Finneran: Obviously, we will take into consideration all of the reports. As the Deputy is aware, the report from the different local authorities is due to be returned to my

437 Priority 27 May 2008. Questions

[Deputy Michael Finneran.] Department inside the next couple of weeks. There are 17 live PPP projects across the country, most of which are in Dublin. They will offer 1,427 social housing units, 2,131 affordable housing units and 4,105 private units so there is still a major housing development programme in place. As I said, Dublin City Council alone has been allocated a sum of \250 million towards its housing needs for 2008.

Electronic Voting. 89. Deputy Ciara´n Lynch asked the Minister for the Environment, Heritage and Local Government if he will introduce electronic voting or electronic counting in time for the forthcoming local elections or if he will continue with the paper-based system; the costs to date of the development, roll-out and promotion of the electronic voting system; and the cost to date of storage and other costs. [20942/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): As I have previously indicated to the House, I am at present considering the next steps to be taken in respect of the electronic voting project. In all of this, I am taking into account the work of the commission on electronic voting which has examined the system, relevant experiences and developments internationally and the need to maintain public confidence in the electoral process, as well as the provisions in the programme for Government relating to electoral reform generally. I am not in a position, therefore, to be definitive regarding the timing of future use of the system. I am conscious of the extensive work inherent in the recommendations of the commission on electronic voting, including the replacement of the election management software, as well as adaptations to the equipment and further end-to-end testing. At the very least, it will be problematic to envisage use of the current e-voting scheme at the local and European elections in 2009. The total cost incurred to date in the development and roll-out of the electronic voting and counting system is \51.3 million, including some \2.6 million in respect of awareness and education initiatives. In addition, information provided by returning officers to my Department indicates that the total annual storage costs incurred by them in respect of the electronic voting machines and ancillary equipment in 2007 is some \489,000, with figures for 2004, 2005 and 2006 amounting to some \658,000, \696,000, and \706,000, respectively. Costs incurred to date in respect of the movement of the electronic voting equipment to centralised storage arrangements are some \328,000. Further costs will be incurred in respect of the completion of these arrangements, including buy-out costs.

Deputy Ciara´n Lynch: The pertinent part of the question asked whether electronic voting will be used in next year’s local elections. Judging by the Minister’s response this afternoon, the answer is “No”. His response mentions the commission’s 2006 report which contained a number of recommendations and very clear points. Electronic voting was set up to improve the efficiency of the electoral administration, create minimum maintenance for the pre-election, election and post-election periods and support the positive image in the country of the use of electronic information. On those three fronts, electronic voting has clearly failed. Has the Minister signed up to this project or not? It has been two years since the commission brought its report before the House and its recommendations are quite clear. If the Minister is not sure about this, I call tell him that last week the Dutch Government, which used the same electronic voting system as us, found that the system it purchased is so faulty that it has

438 Priority 27 May 2008. Questions now scrapped it and reverted to a pen and paper system. This is the same system which is costing us \500,000 per year, at a subsidised rate I might add. We got the rate reduced to \500,000 per year to store annually. The sum is now approaching almost \16 million in total expenditure to date. It is unbelievable that the Minister can say that he is looking at it when a report has been on the desk of the Minister for the Environment, Heritage and Local Government since 2006. I accept that the report has been on the current Minister’s desk since last autumn. Will the Minister clarify whether he is seriously looking at the use of these machines for the local elections next year or is he saying that there will be further examination of this matter?

Deputy John Gormley: The report has been on my desk since 2007. The Deputy said it had been there since 2006.

Deputy Ciara´n Lynch: The commission’s report was put on the then Minister’s desk in 2006.

Deputy John Gormley: Let us be very clear on this issue. Due to my involvement in very close election counts over the years, I have advocated the use of electronic voting. The most important thing is that we have public confidence in the system. The Deputy rightly points out that there have been reports from the Dutch Government. It recently issued a statement that it is currently not possible to guarantee that a newly developed electronic voting system would be secure from the emission of radio signals within the stringent threshold set and, therefore, decided to abandon all plans to use electronic voting systems at this time. The statement also refers to the significant investment that would be required to produce the new proposed electronic voting system, which the Dutch Cabinet has decided would add little value compared to voting with pencil and paper. The Dutch electorate will vote using pencil and paper in the foreseeable future. However, the Deputy needs to be aware that the Nedap voting machines, which are the machines about which we are talking, have recently been recertified in Germany, with the Federal Interior Ministry concluding that the Nedap machines correspond fully with the requirements of German democratic elections. A statement from that Minister late last year found that the recommendations of the Dutch committee to no longer use the Nedap machines was not based on technical uncertainty and were not transferable to Germany. Parliamentary elections in Hessen went ahead with the use of the reapproved Nedap machines on 27 January 2008. I am weighing up all these issues and the very latest data. I have a predisposition to caution but will weigh up all the options. If I find that the cost is prohibitive and, in particular, that we cannot get public confidence in the system, I will have to look at that very carefully and make a decision on that basis. That is the situation. I hope that when I reach a definitive decision, the Deputy will pat me on the back for doing so.

Deputy Ciara´n Lynch: We know the Dutch and German position on this but we do not know the Irish position. I ask the Minister to set about establishing an Oireachtas committee with powers of compellability to examine the future of electronic voting in this country so that within six months we will have an answer to the question as to whether we will proceed.

Deputy John Gormley: As much as I would like to empower Members of the Oireachtas, there is no need for that. I am quite capable of making those decisions myself and I will be——

Deputy Phil Hogan: When will the Minister make a decision?

439 Priority 27 May 2008. Questions

Deputy John Gormley: I will be making those decisions on the basis of all of the evidence available. We only received the Dutch report last week. I must examine all of the data and make a decision but a decision I will make.

Water Quality. 90. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Govern- ment if he is confident that the policies of the Government and its agencies will achieve the targets set down in the water framework directive when considering the standard of septic tanks in use here; and if he will make a statement on the matter. [21195/08]

Deputy John Gormley: The water framework directive requires member states to achieve at least good status of waters by 2015 and to prevent the deterioration of the status of all bodies of water, including rivers, lakes, ground water, estuaries and coastal waters. These objectives will be achieved through river basin management plans which are required to be prepared under the directive. Draft river basin management plans are due to be published in 2008 and adopted by the end of 2009. Each plan will be accompanied by a programme of measures aimed at achieving the environmental objectives set out in the directive. The objectives of the directive relate to the protection of ground water and require specific measures to be taken to prevent or limit the input of pollutants to ground water. The programme of measures must be made operational by 2012 at the latest, with the aim of achieving the environmental objectives by 2015. Where measures already taken have not fully met the objectives of the water framework directive, or fall short of achieving the good status objective for waters by 2015, additional measures will need to be developed at river basin management level. The regulations which transpose the water framework directive into national law and assign the responsibility of making river basin management plans to the constituent local authorities of each of the river basin districts. This work is led by a co-ordinating local authority in each river basin district. My Department will shortly issue guidance on the preparation of river basin management plans. The guidance will, inter alia, set out the steps that must be taken by public authorities involved in the river basin management planning to align the objectives of other plans and programmes, for example, regional planning guidelines, county development plans and so forth, with the objectives and goals of the water framework directive and to promote the co-ordinated implementation of the directive across river basin districts.

Additional information not given on floor of the House. With regard to septic tanks, the EPA is currently finalising a revised edition of its code of practice on waste water treatment systems serving single homes. This will refer to the most up- to-date European standards and I understand that the National Standards Authority of Ireland will replace its existing 1991 standard applying to septic tanks with the EPA code. More generally, since the adoption of the water framework directive, successive water services investment programmes have taken account of its requirements in the prioritisation of schemes to protect and improve water quality and this emphasis will be maintained in future years.

Deputy Phil Hogan: Does the Minister accept that malfunctioning septic tanks, whether operated by local authorities or individuals, and current waste water treatment systems do nothing to enhance Ireland’s reputation or improve our chances of meeting the objectives of the directive? There is no chance of meeting the objectives on the basis of current measures,

440 Priority 27 May 2008. Questions in line with what is required by 2015. What additional measures is the Minister considering to achieve the objectives? The Department of the Environment, Heritage and Local Government has never specified or required a minimum level of quality for treated effluent or durability to be achieved, either by septic tanks or other means. Does the Minister accept that and what will he do about it?

Deputy John Gormley: I do not accept that. The existing standards for septic tanks are set out in the recommendations for domestic effluent treatment and disposal from single dwelling houses, published in 1991 by the NSAI. These standards are incorporated into Part H of the building regulations dealing with drainage and waste water disposal. The aim of these standards is to achieve satisfactory practice in the design, construction and maintenance of septic tank drainage systems. The EPA is currently developing a code of practice for waste water treatment systems for single houses. This will incorporate the requirements of new European standards, due to come into force on 1 July 2009. My Department has placed local authorities on notice about the pending application of the European standards. Two circular letters have issued, which include recommended performance levels for treatment systems which have been determined by the Irish Agre´ment Board, the national and European-recognised body for certifying new building products or systems, for which national standards do not exist. I intend that the EPA code of practice will replace the NSAI standard of 1991, under the building regulations. As soon as the EPA completes its work, in the coming months, I will incorporate the code of practice and replace the standard recommendations of 1991 under Part H of the building regulations dealing with drainage and waste water disposal.

Deputy Phil Hogan: By not answering the question, the Minister has effectively acknow- ledged that the Department has never specified or required a minimum standard for effluent disposal. We are operating to a British standard. The EPA standard to which the Minister referred dates back to 1991.

Deputy John Gormley: No, not the EPA standard. The EPA standard is currently——

Deputy Phil Hogan: The EPA——

Deputy John Gormley: It is the NSAI standard which dates back to 1991.

Deputy Phil Hogan: We are operating off SR6 1991.

Deputy John Gormley: That is correct. That is the standard.

Deputy Phil Hogan: It has never been reviewed to take account of the type of measures that are required in order to meet more appropriate standards because of the intensification of house building and the other activities which took place during the Celtic tiger era. I ask the Minister to outline the additional measures he will introduce in order to meet the higher standards that are required by the directive by 2015.

Deputy John Gormley: I do not fully understand the Deputy’s question. On the one hand, he is saying that there is no standard and on the other, that there is a standard, but it dates back to 1991. That is the standard, the NSAI standard. I have just informed the House that there is an EPA standard. I have also informed the House that I have issued letters to the local authorities on the matter. We are taking account of the directive and are implementing higher standards.

441 Priority 27 May 2008. Questions

[Deputy John Gormley.]

The Deputy knows that local authorities have the power to issue by-laws in this area. Only one has done so to date, namely Cavan County Council, mainly because of the topographic situation in that county. We are working on the matter and the Deputy is right to identify the septic tank as a major issue in the context of water quality.

Tax Code. 91. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Govern- ment if he has been in contact with the Department of Finance or the Commission on Taxation regarding the introduction of a carbon tax; and if he will make a statement on the matter. [21196/08]

Deputy John Gormley: The terms of the reference of the Commission on Taxation require it to “investigate fiscal measures to protect and enhance the environment including the introduction of a carbon tax”. They also provide that “as the introduction of a carbon tax requires a completely new tax charge and structure, the commission is asked to commence work in this area immediately”. These terms of reference directly reflect the commitment in the programme for Government to investigate fiscal measures to protect and enhance the environment, including the introduction of a carbon tax. At the invitation of the commission, my Department has made a submission on the wide range of issues encompassed in the commission’s brief. On the issue of carbon tax, the submission sets out the background to the previous consideration of the measure and points out that the case for the tax is now more compelling and more urgent than ever, in the context of our Kyoto Protocol targets and the need for much greater reductions in emissions in the post- Kyoto period. The submission also advocates looking beyond minimum compliance targets, no matter how stringent. The more fundamental issue is the need for an early and effective transition to a low-carbon society, which has the potential to deliver significant environmental and economic benefits. The submission also draws attention to the recent ESRI medium-term review, which factors a carbon levy into its economic modelling for the period up to 2015. This analysis assumes that a carbon tax will be introduced in 2010 at the market price of carbon and that the resulting revenue will be used to keep labour taxes lower than they would otherwise be. The analysis shows that the economic impact is positive — the competitiveness of the Irish economy is increased, with higher employment and economic growth than would otherwise have been the case.

Deputy Phil Hogan: The Minister said last Christmas, at the publication of his carbon budget, that the introduction of a carbon levy was his top political priority for 2008. Now we are hearing it is 2010.

Deputy John Gormley: I did not say that.

Deputy Phil Hogan: Is the Minister accepting the report to which he referred which suggests 2010 as the earliest date for the introduction of a carbon levy? The chairman of the Minister’s party indicated he has no difficulty in speaking to the Minister for Finance about these issues. The Minister did not answer the question on whether he would contact the Department of Finance to ensure it reviews or brings forward the introduction of a carbon tax for the 2009

442 Priority 27 May 2008. Questions budget which will be presented in December 2008, as indicated by him last Christmas at the time of the publication of his carbon budget and as stated in the programme for Government.

Deputy John Gormley: The Deputy will be aware that I speak to the Minister for Finance regularly.

Deputy Phil Hogan: I would not be aware of that.

Deputy John Gormley: This is the most important point. This is now the preserve of the Commission on Taxation. My Department has been in contact with the chair of the Commission on Taxation and has put forward our views in a coherent way. Under the terms of the reference its full report must be made by 31 September 2009. It is in a position to issue interim reports. We have to get this right. We must make sure that such an important issue is fully integrated into the financial arrangements of the country to ensure it works well, as envisaged in the ESRI report. I am confident it will happen. I am also confident that we will have a carbon levy. It is a question of when, not if, it will happen. It will definitely happen, but we must make sure that we get it absolutely spot on. This is a rigorous Government in terms of the financial management of the country and I am sure we will get it spot on.

Deputy Phil Hogan: Will the Minister ask the Commission on Taxation to provide an interim report on the introduction of a carbon levy to meet the commitment he gave, namely, that it would be his top political priority to introduce a carbon levy for 2009?

Deputy John Gormley: As I understand it, discussions have taken place on the possibility of an interim report and it is up to the chair of the Commission on Taxation to determine whether that is possible. He has expressed the view that all elements must be integrated and that one cannot consider one issue in isolation. He is considering the matter. However, the Deputy must understand that when we appoint experts to commissions we must respect their judgment on these important matters.

Building Regulations. 92. Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he will introduce new standards to ensure pyrite does not contaminate building material; his views on reviewing penalties for persons in breach of supplying pyrite-contaminated building materials; and if he will make a statement on the matter. [21197/08]

Deputy John Gormley: Responsibility for the elaboration of standards and for the certification of products rests with the National Standards Authority of Ireland, NSAI. When the issue of pyrite arose, and following an intervention by my Department, the NSAI reconvened its aggregates panel to give urgent consideration to the publication of additional guidance on appropriate protocols for testing under-floor infill material. The NSAI published a new standard recommendation which is a definitive amendment to an existing standard recommendation of 2004 on aggregates. This standard recommendation came into effect on 7 December 2007 and the intention is that it will address the quality standards of new homes in so far as problems relating to pyrite are concerned. The national building regulations set out the legal requirements for the construction of new buildings, including houses, and for extensions and material alterations to existing buildings. The related technical guidance documents provide technical guidance on how to comply with the regulations. In the case of pyrite, the relevant regulations are part C dealing with site

443 Priority 27 May 2008. Questions

[Deputy John Gormley.] preparation and resistance to moisture and part D dealing with materials and workmanship. I have set a process in train to incorporate further guidance on the new NSAI standard in technical guidance document C. I am awaiting the conclusion of a mandatory three-month consultation period with the European Commissioner and the Commission under Internal Market rules before its formal adoption. Strengthened enforcement powers were given to building control authorities on 1 March 2008 following commencement of the relevant sections of the Building Control Act 2007.

Deputy Terence Flanagan: I take this opportunity to congratulate the Minister of State, Deputy Finneran, on the elevation to his new role as Minister of State with responsibility for housing, urban renewal and developing areas and I wish him well. I thank the Minister, Deputy Batt O’Keeffe, for his courtesy during Question Time, which was very much appreciated, and I also wish him well in his role as Minister for Education and Science. The issue of pyrite in homes is a major one that has been raised with me as a representative of constituents on the north side of Dublin. Hundreds if not thousands of homes are affected and with the delay in testing by some builders and HomeBond, it is difficult to put a figure on the number of homes directly affected. The Minister has ignored this issue during the past year. He does not want to get directly involved, but he must intervene because hundreds if not thousands of young home owners are directly affected. Some of them cannot sell their homes due to negative equity. Furthermore, they cannot live in their homes. The Minister must take direct responsibility for this issue. Hopefully, now that we have a new Minister of State with responsibility for housing, he will have a fresh perspective on this issue and will be able to give a commitment to reconsider it. What new measures will the Minister put in place in terms of the building regulations to ensure that an issue such as this one will never happen again, that there no longer will be self- regulation of building standards and that regulation and certification will be undertaken by local authorities?

Deputy John Gormley: Since 1 March last I have commenced new enforcement powers under the Building Control Act 2007. In summary, these powers will significantly increase the maximum penalties for breaches of the national building regulations. For example, the old fine of IR£10,000 has been increased to \50,000 on conviction or indictment. We will introduce the option for authorities to bring summary prosecution for all building code offences in the District Court, thus simplifying the prosecution process. We will provide a new income stream for the building control authorities by retaining any fines income for their activities and recouping expenses incurred in the prosecution process. We will widen the right of the building control authorities to seek an order from the High Court or the Circuit Court to stop work on buildings where there is non-compliance with the building code. If the Deputy is asking what has been done about the use of this contaminated material, the local building control authority for the area in question, Fingal County Council, contacted the builders and the quarry concerned directly to ascertain the full extent of the problem and to ensure that there is no further use of this material for house building. That is the position. It is clear from that contact that we are acting on this matter. It is an important issue and the Department is doing everything it can to ensure that this will never happen again.

Deputy Terence Flanagan: I thank the Minister for his response. That is fine and good and we very much welcome the new regulations in this area, but what about the position of people affected on the north side of Dublin? These new standards will not help them. Has the Minister

444 Other 27 May 2008. Questions any plans to commission a report into what happened in the case of these homes and can he intervene to act to resolve the outstanding issues?

Deputy John Gormley: It is clear that what has occurred here is not acceptable. The builders in question behaved in a way that is not acceptable. We must ensure that practice does not happen again, but ultimately these are matters for the individuals and the builders in question. That is the position. As a Government, we must regulate the activities of these individuals to ensure this matter will not arise again. That is the role of the State in this regard.

Other Questions.

————

Legislative Programme. 93. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the steps he has taken to introduce legislation that will apply the polluter pays principle to businesses and operators that damage the environment through their actions or failure to act in order that they would be made legally and financially accountable for the environmental damage they cause; and if he will make a statement on the matter. [20788/08]

121. Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Govern- ment the position regarding the publishing of the Screening, Regulatory Impact Analysis of the Options for Transposing the Environmental Liability Directive; if there were submissions from the public; the timescale for publishing draft legislation; and if he will make a statement on the matter. [20790/08]

125. Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Govern- ment when it is planned to bring in legislation that will ensure that if damage is caused to the environment by an oil spill from a ship, a leak from a chemical plant or damage from genetically modified organisms, that those responsible for the environmental damage can be held legally and financially accountable; and if he will make a statement on the matter. [20789/08]

130. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the warnings or opinions Ireland has received from the European Commission on its failure to transpose the environmental liability directive; the steps that have been taken to respond to the European Commission; when the directive will be transposed; and if he will make a statement on the matter. [20787/08]

Deputy John Gormley: I propose to take Questions Nos. 93, 121, 125 and 130 together. My Department has prepared a screening regulatory impact analysis on the options for transposing the EU environmental liability directive. This document is available on my Depart- ment’s website, www.environ.ie. The views of interested parties were sought on it, and 29 responses were received from a varied group of respondents. These views have now been assessed. A summary of the views submitted will be published as part of the further consultation on the transposition of the directive. Preparatory work on drafting the legal instrument for transposing the directive is under way in consultation with the Office of the Attorney General. I will publish the draft instrument for public consultation as soon as possible. My Department has received, from the European Commission, a letter of formal notice and a reasoned opinion under Article 226 of the EU treaty about the transposition of the environ-

445 Other 27 May 2008. Questions

[Deputy John Gormley.] mental liability directive. Responses to this correspondence issued to the Commission on 26 July 2007 and 31 March 2008, respectively. There has been no further correspondence from the Commission.

Deputy Joanna Tuffy: I thank the Minister for his reply and congratulate the Minister of State, Deputy Finneran, on his appointment. The questions I put to the Minister relate to the need to transpose the environmental liability directive into Irish law. I have asked about this previously, most recently in December. At that stage, the Minister said he was preparing the screening referred to, that it was on his website, he was awaiting replies and preparatory work was already being done on the draft legislation. He has said more or less the same in his reply today, but has added that he has received 29 responses, will have further consultation and will then publish draft legislation as soon as possible. We had three years from 2004 to transpose this legislation. The deadline for transposition was April 2007. A year ago we received a formal notice or first warning from the European Commission for not having met the deadline and transposed the law. The Minister responded to that notice on 26 July and this year received a reasoned opinion from the Commission, basically a preliminary to the Commission referring us to the European Court of Justice for our failure to transpose the legislation. It is now almost four years since the directive was put in place. We missed the three-year deadline and now another year has passed. The Minister has been a year in the job and no progress has been made. If he was not in Government, this is the sort of delay the Minister would have said was a black mark against Ireland. The issue should be treated as urgent. Why do we need this directive implemented? For example, if we had an oil spill off the coast — we have 1,600 km of coastline — like the one that occurred off the coast of France in 1999 when the ship Erica sank resulting in catastrophic damage to 400 km of the French coast and causing the death of tens of thousands of birds, we would have nothing in law to ensure the protection of our environment or to ensure that those responsible would be held legally and financially accountable. We need the directive implemented in order to deter operators of ships, incinerators and other facilities from causing damage to the environment. If it were implemented, they would know they would be held legally and financially accountable. Why does the Minister not give more priority to this sort of issue? He is a Green Party Minister and the directive is about protecting the environment. The Minister could make his mark with this. He could put on the Statute Book something that would be there for good and protect the environment. However, he is just doing fiddly little things on climate change awareness and similar issues. Transposing the directive would be a concrete and significant move for the Minister. If he does not do it, he leaves us vulnerable as our environment may not be properly protected. What will he do about the situation?

Deputy John Gormley: Speaking about fiddly little moves, I noticed the Deputy had an interesting press release yesterday on the issue of clothes lines. The directive will be transposed by a combination of primary and secondary legislation. The timescale is dependent on the drafting and passage of the legislation, but I intend it will be completed before the end of 2008. As I said earlier, we will see what the Deputy has to say when it is completed. I wonder whether she will be complimentary then or whether she will find some other reason to criticise us, which I suspect will happen. It is interesting that neither Deputy Tuffy nor Deputy Wall, who also submitted a question on this issue, made any submission on the regulatory impact analysis.

446 Other 27 May 2008. Questions

Deputy Ciara´n Lynch: When we are in office, we will do that.

Deputy John Gormley: The Deputy seems to have misunderstood the situation relating to the directive. She gave an example of an oil spill from a ship. The environmental liability directive, ELD, precludes its application to environmental damage or to an imminent threat of such damage arising from an incident in respect of which liability or compensation falls within the scope of a number of conventions which are in force in the member states concerned. Let me give a specific example. For Ireland, this includes the International Convention of 27 November 1992 on Civil Liability for Oil Pollution Damage and the International Convention of 27 November 1992 on the Establishment of an International Fund for Compensation for Oil Pollution Damage. Where the damage to the environment is not covered by these conventions and is assessed by the competent authority as environmental damage within the meaning of the ELD, the operator of the ship concerned will be subject to the liability provisions of the ELD. Therefore, the scenario outlined by the Deputy is already covered. It should be noted that under the ELD, water damage only concerns specific waters, including the territorial seas, which extend approximately 12 nautical miles out from the coast, while damage to protected species and natural habitats under the ELD extends to the exclusive economic zones, the 200 mile exclusive fishery limit. The issues referred to by the Deputy are already covered. We are undertaking a thorough process to deal with the directive. We will complete the legislation and it will be a combination of both primary and secondary legislation.

Deputy Joanna Tuffy: The directive was spurred on by the sinking of the Erica, which is why I gave it as an example. There are obviously specifics in the directive about exemptions and defences. If there was an oil spill or damage was caused to our coast or our waters or if our land was contaminated or operators of facilities with an IPCC licence damaged 4 o’clock the environment, the legislation would mean they could be held financially responsible for the damage. Therefore, the Government could recover the costs, if for example there was a threat to wildlife. The Government launched a report a few weeks ago about the threats to many species in protected areas. What if environmental damage was caused to habitats in protected areas? The legislation needs to be in place to ensure the safety of such habitats. It can help prevent damage by acting as an incentive not to cause damage, but if necessary it can help to recover costs and hold those who cause the damage to account. The Minister said he hopes to have the legislation in place by end-2008. While long overdue, it will be welcome then. The Minister has been in office a year and has not got it done yet. As far as I know, it is not on the Bills list, although it should be if it is to be introduced in 2008. I do not understand why the Government must have so many consultations about straightforward legislation. The consultation on this legislation has already been done. We have had the three years plus another year for it. This is a European directive which must be transposed into Irish law, which should not be difficult to do. We do not need loads of consultations and submissions. The Labour Party does not see the need for all of that. That is playing for time. The Minister needs to get the legislation in place now. When exactly in 2008 will he do that?

Deputy John Gormley: The delay in the transposition has been due to the complexities of the directive and its interface with existing national environmental legislation. As the Deputy may know, 15 other member states, including the United Kingdom, are in a similar position to Ireland in not having transposed the ELD. I intend to do so and have spoken to the Com- missioner on the issue. I have assured the Commissioner that it is my intention and top priority

447 Other 27 May 2008. Questions

[Deputy John Gormley.] to ensure EU environmental directives are transposed. That and the question of infringements are most important. The Deputy is correct that I published a report on the habitats directive. It was a warts-and-all report which spelled out in much detail that there is some way to go in the protection of some sensitive species such as the freshwater pearl mussel which is on the brink of extinction. I outlined in detail the steps I am taking to ensure this does not happen. While the Deputy claims we have been in government for 11 months but have not yet transposed any directives, we have given extra funding, an increase of 42%, to the Environmen- tal Protection Agency and the National Parks and Wildlife Service so they have the means of protecting our habitats and species.

Deputy Joanna Tuffy: This is one of three directives, according to the Minister’s reply, that is outstanding for transposition into environmental law. It is one of 29 infringements about which the Commission has been in contact with the Department. There is a strong possibility that Ireland may be referred to the European Court of Justice this year and fined if the legislation is not given priority. When does the Minister expect to hear from the Commission on this matter?

Deputy John Gormley: So far no steps have been taken to refer Ireland to the European Court of Justice. Next week, I will meet the Commissioner for the Environment, Stavros Dimas, in Luxembourg. We have met frequently to discuss this issue. On taking office I made it clear that my first priority was to meet the Commissioner to assure him that this Minister puts the transposition of EU directives at the top of his agenda. Without that legislation coming from Europe, this country would not have the environment it has. We are dependent on it and it is one more reason people should vote “Yes” to the Lisbon treaty.

Acting Chairman (Deputy Kathleen Lynch): I am afraid I will have to stop the Minister there as this is Question Time and not a platform for other matters.

Planning Issues. 94. Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government if, following the requirement on all planning authorities to develop or update their policy on taking in charge of estates by the end of June 2008, there is a requirement to report progress to his Department. [20774/08]

108. Deputy Kieran O’Donnell asked the Minister for the Environment, Heritage and Local Government if he will amend the planning Acts to clarify the taking in charge of estates sections to stop confusion over what should be taken in charge by a council instead of a management company, or to increase the responsibilities of councils to take in charge further sections of developments instead of requiring a management company to shoulder the burden; and if he will make a statement on the matter. [20881/08]

119. Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government the number, following the requirement on all planning authorities to develop or update their policy on taking in charge of estates by the end of June 2008, of local authorities that have complied with this requirement to date. [20775/08]

140. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government the new service indicators for the taking in charge of estates being introduced in 2008; and the data they will return. [20776/08]

448 Other 27 May 2008. Questions

456. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government the steps he is taking to ensure existing housing developments are taken in charge by local authorities. [16177/08]

Deputy John Gormley: I propose to take Questions Nos. 94, 108, 119, 140 and 456 together. Section 180 of the Planning and Development Act 2000 sets out the legal requirements for planning authorities for the taking in charge of residential estates where certain conditions have been met. Updated policy guidance on this matter in the form of circular letter PD 1/08 was issued to all planning authorities by my Department in February 2008. Facilities required to be taken in charge are set out in the policy guidance. They include public roads and footpaths, unallocated surface parking areas, public lighting, public water supply, foul and storm water drainage and public open spaces. The guidance also sets out the limited circumstances in which planning authorities should attach conditions to planning permissions for management companies or other management arrangements. Each planning authority was asked to develop or update, as appropriate, its policy on taking in charge by the end of June 2008 on the basis of the updated policy guidance, and to ensure its revised policy be made available to the public, published on its website and continue to be reported on to the elected members on a regular basis. The new service indicator for the taking in charge of estates will provide benchmark data from 2009 onwards for monitoring the taking in charge process and, in particular, the priority being accorded by individual planning authorities to the taking in charge of unfinished or legacy estates. The information to be reported will include the number of estates taken in charge in the year in question, the total number of dwellings in these estates and the number of estates in respect of which enforcement action was taken.

Deputy Ciara´n Lynch: Since I was elected, I have noted the Minister invites ideas from across the floor of the House. May I suggest regarding the nuclear test ban Bill that he removes the provision that allows only for imprisonment for 12 months or a fine of \5,000 for the detonation of a nuclear device in Ireland? Will the Department record the information from the local authorities when it is collected by the end of June? How many local authorities have complied with the guidance requirements to date?The recently issued circular from the Minister states what local authorities should have been doing already. There are few new requirements in it with no major breakthrough in the planning area. Ultimately, it is a matter of enforcement. Should the circular allow local authorities to carry out enforcement to ensure developments can be taken in charge? Often local authorities find when taking in charge of an estate that the developer is broke or no longer in business. Should we ensure the costs for taking in charge are kept to a minimum rather than local authorities having to make up the shortfall to get estates to standard and taken in charge?

Deputy John Gormley: The developer of a residential estate is statutorily required to complete the development in accordance with the terms of the planning permission. A development which has not been completed in accordance with the planning permission is an unauthorised development. Under the Planning and Development Act 2000, planning authorities have substantial enforcement powers. A planning authority may issue an enforcement notice on a development requiring such steps as it may specific to be taken within a specified period. A planning authority may also apply to the High Court or the Circuit Court for an order requiring any person to do or not do anything that the court considers necessary to ensure the development is carried out in conformity with the planning permission.

449 Other 27 May 2008. Questions

[Deputy John Gormley.]

I want to strengthen the enforcement powers available to planning authorities. The section 35 amendment introduced in the Planning and Development (Strategic Infrastructure) Act 2006 allows a planning authority to refuse planning permission without recourse to the High Court to a developer who is in substantial non-compliance with the terms of a previous permission. The implementation of the new policy in this area will require the commitment of additional resources by planning authorities, particularly with pre-application consultations and the inspection of construction. There may also be a cost for additional remedial works that may be required before older estates can be taken in charge. Record levels of general purposes grants have been provided this year for local authorities from the local government fund, amounting to approximately \1 billion. I am confident the level of funding made available is adequate to meet ongoing local authority needs. The Department has also completed a review of planning application fees which the local authorities requested. These were last increased in 1998. A public consultation process on the matter has been completed and I am expecting a report on the outcome of that consultation presently.

Deputy Ciara´n Lynch: Speaking on this topic a month ago I put two questions to the Minister concerning the number of local authorities that have compiled this information. When the deadline of 28 June as detailed in the circular arrives, will local authorities be required to report to the Department that they have drawn up the guidelines as set out in the circular? Is it the case that these guidelines from the Department do not add anything further to what is being enforced or is in place under legislation? Local authorities have plenty of guidelines and circulars; the difficulty is with enforcement.

Acting Chairman: I am conscious that there is very little time remaining and four Deputies wish to speak. I ask the Minister to be brief in his reply.

Deputy John Gormley: In reply to Deputy Ciara´n’s Lynch’s question, no local authority has reported but the deadline is the end of June. As I stated in my previous reply, I am of the view that they have the necessary resources. The Department is issuing circular letters to the local authorities to say that this is important work which must be done. It is not just a question of allowing them to issue guidelines; this matter is very important and the Department will be following it up. I have no doubt that the Deputy will also be following up on it.

Acting Chairman: I suggest that we take two questions at a time because four Deputies have indicated.

Deputy Pa´draic McCormack: Can the Minister confirm that all local authorities have discon- tinued the practice of putting in conditions that management companies be set up when granting permissions for housing estates? I know the Minister is taking this matter seriously but he is up against developers and the local authorities. I know from replies received to parliamentary questions in 2006 and 2007 that in the past circulars were sent to local authorities. How many local authorities replied to those circulars? What happens in the case of an estate where one side is left undeveloped so the estate is not complete? A builder may have built 300 or 400 houses, a management company is set up and one side of the estate is left vacant. What happens in that case? Has the local authority any authority to take over that estate or must the management company continue despite the efforts of the householders?

450 Other 27 May 2008. Questions

Deputy Leo Varadkar: I appreciate the Minister’s response with regard to the circular setting out what local authorities should and should not take in charge. The key issue concerns timeframes and bonds. The problem concerns the situations where estates are not being taken in charge for between seven and 13 years. The solution is quite simple. Guidelines should set out much higher bonds which developers must pay, bonds which are worth losing. If an estate is not completed to the satisfaction of the local authority after, for example, an interval of five years, the developer would lose the entirety of that bond. This must be a bond worth losing because currently it is only about \10,000 or \11,000. If it is a bond worth losing then the local authority could use that money to finish the job. This is the key reform that needs to be put in place.

Acting Chairman: I am conscious of the time.

Deputy Terence Flanagan: My questions covered the same areas as the previous questions——

Acting Chairman: So the Deputy has no questions.

Deputy Terence Flanagan: I agree that the bonds need to be much higher because the developers and builders are walking away from these housing estates without finishing them because it is not worth their while having to finish them. Will the Minister issue a directive to ensure the housing estates are taken in charge within two years? We need a timeframe.

Deputy Sea´n Barrett: Will the Minister assure the House that he will take whatever powers are necessary to ensure that areas of land which were designated in original planning permissions as open space will remain in public ownership? This is a scandal in Dublin where the local authorities did not formally take these open spaces in charge and they are now being sold on with people applying for planning permission.

Deputy John Gormley: New service indicators are now in place. Planning authorities will be asked each year to provide the following information in respect of the previous year — the number of residential estates for which the planning permission has expired in respect of which formal written requests for taking in charge were made either by residents or developers; the number of estates taken in charge in the year in question; the total number of dwellings in these estates; the number of estates not completed to the satisfaction of the planning authority in line with the planning permission, in respect of which requests were received; the number of such estates in respect of which enforcement action was taken in the year in question and- or whether the bond was called in; the number of such estates in respect of which works were undertaken by the authority to bring the estate to a taking in charge standard. Those are the main elements of the new service indicators and they will definitely have an effect. I take on board the comments made by Deputy Varadkar about bonds. Deputies have asked about direction. The main elements of the policy guidance will be incorporated into the new sustainable residential development guidelines which are currently available for public consultation. They will be issued later this year under section 28 of the Planning and Development Act 2000. Planning authorities are obliged to have regard to such guidelines in the exercise of their functions under the Planning Acts. The question posed by Deputy Barrett is also important. The preservation of green space must be a priority. One of the things I noticed on taking office is that we do not have either a landscape or a parks policy. I would regard such policies as being essential components to enhancing people’s quality of life or to preserving existing quality of life which would deterio- rate if there was a shortage of green space. I know that in the case of green space which is

451 Adjournment 27 May 2008. Debate Matters

[Deputy John Gormley.] supposed to be protected, this can be gradually eroded. The Deputy’s point is valid and I will make this a priority.

Written Answers follow Adjournment Debate.

Adjournment Debate Matters. An Ceann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy Denis Naughten — the need for the Minister for Health and Children to outline her plans for the provision of acute medical and surgical care of the people of Roscommon, Galway, Westmeath, Longford, Leitrim and Offaly, following the HSE decision to close the inpatient surgery and accident departments at Roscommon County Hospital and transfer them to Port- iuncula Hospital Ballinasloe, on an interim basis; (2) Deputy Michael D. Higgins — the need for the Minister for Health and Children to outline her plans for the provision of acute medical and surgical care of the people of Roscommon, Galway, Westmeath, Longford, Leitrim and Offaly, following the HSE decision to close the inpatient surgery and accident departments at Roscommon County Hospital and transfer them to Portiuncula Hospital Ballinasloe, on an interim basis; (3) Deputy Ulick Burke — the need to include in the proposed new intoxicating liquor Bill a section that will ban the sale in Ireland of the highly potent and exclusively designed shot packs; (4) Deputy Frank Feighan — the need for a person in County Roscommn to receive radio iodine ablasion treatment; (5) Deputy Pat Breen — the issue of the proposed Carrigaholt sewerage scheme in County Clare, if the Minister would provide an update on the present situation, when the Minister expects to have the preliminary report for the scheme approved and the timeframe for this project going to tender; (6) Deputy Noel J. Coonan — the need for the Minister for Enterprise, Trade and Employment to outline what plans her Department has in place to provide alternative employment for the employees of the former Erin Foods factory in Thurles, what plans her Department has to attract industry and investment to the town, and to outline how many jobs have been created in Thurles town since a delegation from the Joint Committee on Enterprise, Trade and Employment visited there in January; (7) Deputy Joe Carey — the need for the Minister for the Environment, Heritage and Local Government to ensure that water supplied to the public under the water services investment programme is clean and wholesome; (8) Deputy James Bannon — the need for the Minister for Transport to provide an up-date on his plans regarding the reopening of Killucan railway station, County Westmeath and the provision of structural fund financing for same, in the light of the urgent need for easily accessible public transport, due to the rapidly increasing population in the area; (9) Deputy Ciara´n Lynch — the need to address the gynaecological service provided by Cork University Maternity Hospital; (10) Deputy Charles Flanagan — the need for a strategy to resolve the issues of outstanding warrants and execution orders; (11) Deputy Olwyn Enright — that Da´il E´ ireann calls on the Minister for Health and Children to outline Government policy on the provision of day care services in Laois-Offaly, how much funding has been allocated to the HSE for the service in this area this year, and whether this is sufficient to ensure that the service remains available on the same basis as every other year; (12) Deputy Michael McGrath — that every possible step be taken to resolve the current Iarnro´ dE´ ireann dispute affecting the Cork-Dublin train services; (13) Deputy Dan Neville — the siting of Central Mental Hospital at Thornton Hall; (14) Deputy Tom Hayes — to ask the Minister for the Environment, Heritage and Local Government to discuss the funding of a sewerage scheme in Golden, County Tipperary, to confirm what the delay is in allocating a sewerage scheme for this area; (15) Deputy David Stanton — to ask the Minister for Transport to debate the rail service dispute which has led to the cancellation of trains and service disrup-

452 Leaders’ 27 May 2008. Questions tion over the last six days, leading to serious inconvenience to passengers and the public generally; (16) Deputy Fergus O’Dowd — to discuss an issue of urgent national importance namely the need for a no strike clause in essential transport services as a result of the effect of the unofficial strike in Irish Rail thus causing mayhem and disruption for thousands of passengers and adversely affecting the economy and showing no regard whatsover to the travelling public and the taxpayer; and (17) Deputy Martin Ferris — the effect of rising fuel prices on Irish fishermen. The matters raised by Deputies Frank Feighan, Ciara´n Lynch, Ulick Burke and Charles Flanagan have been selected for discussion.

Leaders’ Questions. Deputy Enda Kenny: The single biggest decision made by the Irish people will be made on 12 June in respect of the Lisbon treaty. As the Taoiseach is aware, the Lisbon treaty has the full support of the Fine Gael Party since it was first agreed and even before it was signed in December.

Deputy Pa´draic McCormack: Be aware.

Deputy Enda Kenny: The Taoiseach will be aware that from the outset I have openly advised the public and the supporters of this party to set aside any differences with the Government on this issue and to campaign strongly and vote for the treaty. It is my firm belief that this country’s future lies in being at the heart of a coherent, strong and effective Europe which will equip our people to deal politically and in every other way with the challenges that lie ahead. The recent opinion polls have highlighted the difficulty of those of us campaigning for a “Yes” vote in getting across the message to the people so that they are fully and properly informed when they make their decision on 12 June. From that perspective it is very necessary that all the parties supporting the Lisbon treaty would co-operate fully in the endeavour of informing people as fully as possible so that they can make their minds up on 12 June. In that regard I will continue to put the country first and will continue to campaign vigorously right through to the end of this campaign for a “Yes” vote. This is not a comment which the Taoiseach should take personally but I was disappointed at the tenor and import of his remarks at the weekend in regard to both Fine Gael and the Labour Party — for whom I do not speak on this matter — about the effort that good people all over the country are putting into the campaign. People who are supporting the “Yes” campaign but are not supporters of Fianna Fa´il have felt the antagonism. It is necessary that the Taoiseach clarifies this matter. I ask him to withdraw that remark and to say he encourages everybody who is supporting the “Yes” campaign to continue to do so. We do need co-operation among those supporting the “Yes” campaign to have everybody properly informed about what is in this treaty and how it can equip Europe to meet the challenges that lie ahead. From that perspective, the Taoiseach’s remarks at the weekend, as reported, have caused a great deal of antagonism and difficulty for people supporting the “Yes” campaign who are not supporters of Fianna Fa´il. In the interests of harmony and running a cohesive “Yes” campaign by all parties that support the treaty, I ask the Taoiseach to withdraw those remarks and clear this matter up.

The Taoiseach: I do not understand what the issue is for the Leader of the Opposition.

Deputy Pa´draic McCormack: He knows nothing. He does not understand.

453 Leaders’ 27 May 2008. Questions

The Taoiseach: In response to a question I was asked about the opinion poll, I indicated that all the parties that support the referendum intend continuing to ramp up and intensify our campaign over the coming two and a half weeks. If people want to seek out offence I suppose they can take it. I would not offer any offence to anybody — quite the contrary.

Deputy Pa´draic McCormack: Was the Taoiseach misquoted?

The Taoiseach: I am simply making the point that an opinion poll is a snapshot of opinion. I was glad to see we were ahead in the poll. I have said on numerous occasions this is not a party political matter. I was asked a question and simply said we were all going to work hard over the coming two and a half weeks to ensure we get the result in the national interest. Any interpretation to the contrary does not take into account the import of what I had to say. I have plenty of reasons to have rows with Deputy Kenny on a range of issues, but I have no issue with him on this matter and never had. Rather than trying to find offence where none is intended, and none was actually offered, we should just get on with the campaign and proceed. That is the point and any interpretation to the contrary is mistaken.

Deputy Pa´draic McCormack: So the Taoiseach was wrongly reported.

Deputy Enda Kenny: I am not looking for anything out of this. My focus is on having the treaty endorsed by the Irish people and passed by them with a resounding “Yes” vote. In order to do that they will have to be properly and fully informed, but they must also be enthusiastic about wanting to come out to vote. The Taoiseach’s remarks, as reported, were to the effect that his party is the most pro-European in the campaign and that other parties, including Fine Gael and Labour, should crank up their campaigns to the level of the Fianna Fa´il one. The Minister for Finance said that if Fine Gael exercised dictatorial control over its members the Lisbon treaty might be passed. It is perfectly obvious to all and sundry, however, that this party was first out of the traps with its campaign, including posters and public meetings. The fact is that the Taoiseach’s remarks have caused a deal of antagonism across the country. I am telling him this face to face. It makes my job more difficult and from that perspective I think he should withdraw those remarks, as reported. That would be in everybody’s interest. The Taoiseach has admitted he has not read the treaty. The Ta´naiste had her difficulties with the commissioners.

The Ta´naiste: I corrected that.

Deputy Enda Kenny: Our EU Commissioner has not read this treaty. The Green Party is campaigning for and against the Lisbon treaty. In the interests of everybody working in co- operation and harmony to see that there is a “Yes” vote, we need co-operation among the parties that are campaigning for a “Yes” vote. I ask the Taoiseach again to withdraw that remark and clear the air. He should not antagonise or insult members of the public or parties that are campaigning for a “Yes” vote but who are not members of Fianna Fa´il. It is in the Taoiseach’s interest and that of the country for him to do so. If the Taoiseach takes this occasion, two week’s before the people are asked to decide, to deal with this matter he will not hear me mention it again. He now has an opportunity to respond and I hope he will do so positively in the spirit in which I have made this contribution.

The Taoiseach: I have no issue with Deputy Kenny at all. I am trying to indicate that I responded to a question concerning an opinion poll that was published in the Sunday newspapers. In my response I indicated that I had every confidence that we would all be working

454 Leaders’ 27 May 2008. Questions hard to ensure we get this through. The opinion poll contained the information but I did not conduct the poll. I am not making an issue about the opinion poll.

Deputy Pa´draic McCormack: This has nothing to do with opinion polls.

The Taoiseach: I am not making an issue of it.

An Ceann Comhairle: There are to be no interruptions.

Deputy Pa´draic McCormack: It is ridiculous.

The Taoiseach: I am not making an issue of it. I was simply responding to a question which was put to me. All I am saying is that we are all on the one side and there is no reason for any contention. We should get on with the business and at the end of the day we want to see a successful outcome on 12 June.

Deputy Pa´draic McCormack: So the Taoiseach was misquoted.

The Taoiseach: I am sorry if some people are taking offence but none was intended. I can do no more than to say that because that is the truth of the matter. If it is interpreted in a certain way, or if the response from the Deputy’s own press officer or his party’s press office is the way it was, I cannot forecast how he will take what I have to say. I listened to many remarks over the weekend but I do not taken them personally. I do not care what the Deputy has to say about me.

Deputy Enda Kenny: Likewise, Taoiseach.

The Taoiseach: It does not worry me. That has nothing to do with it.

Deputy Enda Kenny: I am glad to hear him say that he is sorry.

An Ceann Comhairle: Deputy Kenny is out of order.

The Taoiseach: I do not take offence, so I do not see why anyone else is taking offence.

Deputy Enda Kenny: I accept the Taoiseach’s remark that he is sorry that any offence was caused.

Deputy Pa´draic McCormack: It was half-hearted.

Deputy Eamon Gilmore: There are occasions when, in the country’s interest, the Taoiseach will have to resist the temptation to give the Opposition parties a kick every time he sees us. I wish to ask the Taoiseach about the prices issue I raised last week. I was glad that after I raised the issue here last Wednesday, the Taoiseach asked the Ta´naiste to get a handle on the problem. Following that, I understand the Ta´naiste had discussions with the National Consumer Agency. I see from a radio interview given by the chief executive of that agency on Friday, that the NCA will conduct a survey of prices in retail outlets. However, a bit more than a survey is required to deal with the prices problem I raised last week. I ask the Taoiseach to address a number of ways in which this problem can be tackled. First, if the National Consumer Agency is doing a survey, can the Taoiseach ensure it will list retail outlets that are ripping off Irish consumers? For example, retail branches of British multiples that have one price in the UK and another price here should be named and shamed in the survey.

455 Leaders’ 27 May 2008. Questions

[Deputy Eamon Gilmore.]

Second, will the Taoiseach ask the Ta´naiste and Minister for Enterprise, Trade and Employ- ment to introduce regulations to allow people to pay by credit card in sterling for goods that are marked in sterling prices? In other words, if goods are priced in sterling, people should be able to pay for them by credit card in sterling. Third, will the Taoiseach ask the Ta´naiste to introduce regulations, which she is entitled to do, under section 50 of the Consumer Protection Act for the labelling of goods, so that where prices are marked in sterling and in euro, the euro equivalent of sterling at a particular date is given? I appreciate this cannot be done every day because of varying exchange rates. However, one should be able to display the sterling price with the euro equivalent on whatever date. If a separate euro price is charged it should also be marked. In that way, consumers can see the extent to which they are being ripped off. Fourth, will the Taoiseach call in the senior management of the large British multiples and tell them in his own blunt language what is required of them in this country, and that the ripping off of Irish consumers will not be tolerated? Fifth, will the Taoiseach ask the National Consumer Agency and the Competition Authority to examine what is happening with regard to diesel prices, which I also raised last Wednesday? They have shot ahead of petrol prices, even though they have traditionally been lower.

The Taoiseach: This matter has been discussed by the Government. Arising from that meeting it has been decided that the National Consumer Agency will again meet Retail Ireland, which is part of IBEC, in the near future to discuss the delays in passing on the benefits accruing from the appreciation of the euro. The Ta´naiste will be talking to Retail Ireland in the morning. We have also arranged for contact to be made with the major retail outlets, both here and in the UK, in the coming days to ask what plans they may have to deal with any unjustified price differentials that exist. The National Consumer Agency will undertake a greater number of surveys with particular emphasis on North-South pricing by big retailers across a whole range of goods from groceries to clothing. In addition, the National Consumer Agency will undertake a more extensive information campaign to keep consumers better informed on pricing developments. The advice from them that consumers split their grocery shopping basket if possible and seek value in the range of shops available to them remains valid. The increase in the price of diesel seems to be linked to a huge demand in China. The price of diesel does not come under the auspices of the National Consumer Agency. It is a question of trying to do what we can in that respect. There is a background to the increase in oil prices that sets out that situation. The Government will do absolutely everything it can to ensure that public awareness is at its highest and that people are aware of the situation. Whatever assistance we can give, including, if possible, accommodating some of the suggestions made by the Deputy, will be given. The Ta´naiste will contact, through meetings of the National Consumer Agency, Retail Ireland. She will write to the heads of the retail outlets in Ireland and in Britain to ascertain what plans they have to deal with the situation.

Deputy Eamon Gilmore: I am pleased to hear some action is being taken to deal with this problem but It will require more than just pleading with the British retailers concerned and it will take more than meetings between the National Consumer Agency and Retail Ireland. The Government needs to show that, if necessary, it will flex its muscles on this issue. This has gone on for quite a while. The change in the relationship between the euro and sterling has been in play for some time and the value has not been passed on to the Irish consumer. With each

456 Requests to move Adjournment of 27 May 2008. Da´il under Standing Order 32 passing day, consumers are continuing to be ripped off. I appreciate that attention is being given to the matter arising from the question I raised last Wednesday, but the full powers of the Consumer Protection Act need to be used by the Minister. There are powers in that Act which provide for regulations to be made by the Minister in regard to labelling which, I understand, would include price labelling. If necessary, additional regulatory and legislative measures should be introduced to force retailers to adopt practices that are not ripping off Irish consumers. I am glad that some attention is being given to this matter. I ask the Minister to look to the powers available to her under the Consumer Protection Act and to the possibility of strengthening those powers, if necessary.

The Taoiseach: As I said, this matter has been discussed by the Ta´naiste and me and by the Government since this issue was brought to the floor of the House. I have indicated that whatever action can be taken by Government will be taken. The Ta´naiste will arrange for correspondence to issue to the organisations concerned which will set out clearly what we expect and what we believe should be possible. We will look at the situation in terms of the reply we receive. If the reply is not what I expect, the Government will look at every lever available to it to ensure consumers are protected in this jurisdiction and that they get the same value for money as people can expect elsewhere.

Requests to move Adjournment of Daíl under Standing Order 32. An Ceann Comhairle: Anois, iarratais chun tairiscint a dheánamh an Daíl a chur ar athlo´ faoi Bhuan Ordu´ 32. We will now deal with Requests to move Adjournment of Daíl under Standing Order 32.

Deputy James Bannon: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of national importance, namely, the threat to the lives of innocent people throughout the country, caused by the Government’s inaction on rising crime rates which leave nobody immune from violent crime, even in their own homes, as horrifically demonstrated by the recent death of an 83 year old man in Kilbeggan, County Westmeath, last weekend.

Deputy Terence Flanagan: I seek the adjournment of the Da´il under Standing Order 32 to raise the following matter of local and national importance, namely, the need for the new Minister for Education and Science to urgently revisit the decision made to cut back one teacher at St. Peter and Paul’s boys national school in Baldoyle. There will be more pupils in the school next year than this year. By carrying out this cutback our young pupils and teachers will suffer while Fianna Fa´il will break its election manifesto to reduce class sizes to 26:1.

Deputy Martin Ferris: I seek the adjournment of the Da´il under Standing Order 32 to discuss the damaging effect of rising fuel costs, which have doubled in recent months, on Irish fishermen who are finding it extremely difficult to make a living, especially in the circumstances of the ongoing quota and other restrictions which are placing a massive burden on fishermen operating out of Irish ports, and the need for action to be taken to introduce some relief.

Deputy Arthur Morgan: I seek the adjournment of the Da´il under Standing Order 32 to discuss the following matter of urgent national importance, namely, the need for all involved in the current round of pay talks to prioritise those on low pay, to accept that in the last pay talks the low paid fared least favourably and that their increases were first to be stripped away by inflation; to acknowledge the serious impact that rising consumer prices are having on this section of our people, adding significantly to food and fuel poverty and to ensure that any pay increases awarded in the pay talks to the lowest paid are geared to outstripping inflation and providing an acceptable standard of living to those people.

457 Order of 27 May 2008. Business

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

Order of Business. The Taoiseach: The Order of Business today shall be as follows: No. 8, motion re referral to joint committee of proposed approval by Da´il E´ ireann of the development of a prison in the District Electoral Division of Kilsallaghan in the County of Fingal. It is proposed, notwithstanding anything in Standing Orders, that the proceedings on No. 8 shall, if not previously concluded, be brought to a conclusion at 7 p.m. tonight and the following arrangements shall apply: item 16 and any amendments thereto, shall be moved and discussed with item 8 and shall stand adjourned at 7 p.m.; the speeches of a Minister or Minister of State and of the main spokes- persons for the Fine Gael Party and the Labour Party, who shall be called upon in that order, shall not exceed 15 minutes in each case; the speeches of each other Member called upon shall not exceed ten minutes in each case; Members may share time; 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 shall be No. 40, motion re education: class sizes.

An Ceann Comhairle: There is one proposal to be put to the House. Is the proposal for dealing with No. 8, motion re referral to joint committee of proposed approval by Da´il E´ ireann of the development of a prison in the County of Fingal, agreed?

Deputy Enda Kenny: The discussion that will take place here today is on the motion to refer this matter to the joint committee. Deputy Flanagan has put forward a number of issues relevant to this proposal that merit discussion. Can I take it that it is at the committee that any amendment he tables on behalf of the Fine Gael Party will be fully and properly discussed before coming back to the Da´il?

The Taoiseach: Yes.

Deputy Enda Kenny: In that case I agree.

Deputy Eamon Gilmore: I seek clarification because the proposal being put to the House today is new and is a little complicated. I seek the Taoiseach’s assurance that the motion on the building of the prison in Thornton Hall will come back to the House to be voted on in plenary session. I ask this mindful of the commitment in the Green Party manifesto which states that the Green Party will abolish plans to relocate Mountjoy to Thornton Hall and instead review options to refurbish and extend the present buildings. The Minister of State, Deputy Sargent will recall this issue.

A Deputy: We have a copy of it so the Deputy can tear it up.

Deputy Joan Burton: He would be much better off growing vegetables or scallions out there. He could grow his favourite scallions and whatever else.

Deputy Charles Flanagan: Some \40 million worth of scallions.

Deputy Eamon Gilmore: I want to have it confirmed that all Members——

Deputy Joan Burton: They would be gold-plated scallions.

458 Order of 27 May 2008. Business

Deputy Eamon Gilmore: ——will have an opportunity to vote on the motion in the Chamber.

Deputy Caoimhghı´nO´ Caola´in: To clarify, is it the case that a Private Notice Question has been accepted?

An Ceann Comhairle: Yes.

Deputy Caoimhghı´nO´ Caola´in: Will it be taken between now and 7 p.m.?

An Ceann Comhairle: Yes.

Deputy Caoimhghı´nO´ Caola´in: The net effect is that the House will have less time to address the motion on Thornton Hall.

An Ceann Comhairle: That is probably the position, although it depends on how long the Order of Business lasts.

Deputy CaoimhghıńO´ Caolaín: I ask the Taoiseach to allow for an extension of time after 7 p.m. The order as presented only allows for Fine Gael and the Labour Party to directly speak in the initial reaction to the Government’s proposal. This differs from the manner in which statements are ordered in the House where Sinn Feín has the opportunity to participate. My party’s dependence on an extension of time to have an opportunity to make a contribution on this important issue is a direct result of the acceptance of the Private Notice Question. I appeal to the Taoiseach and Chief Whip to allow for additional time to guarantee the participation of all opinion represented in the House on this very important issue. I am disappointed the other allied issue of the proposed co-location of the Central Mental Hospital is not part of what the House will address. I would like to reflect on that. My appeal is that there should be an extension of time to allow for all opinion to participate. The net effect of the acceptance of the Private Notice Question is that Sinn Feín will not have that chance.

The Taoiseach: The proposal relates to the prison only and is about the referral of the proposed approval to committee for more detailed discussion. It is proposed that the detailed discussion will take place in committee and, to answer Deputy Gilmore’s point, it will come back to the House for a decision in plenary session.

Deputy Enda Kenny: When the matter comes back to the House will Members have a right to table amendments? While these matters are generally of importance, they do not often receive coverage in committee.

An Ceann Comhairle: In accordance with Standing Orders, I must move on.

Deputy Caoimhghı´nO´ Caola´in: May I ask for clarification?

An Ceann Comhairle: No, a Deputy may only make one intervention. The position is straightforward. The main motion on Thornton Hall and the amendment can be moved and discussed today on the motion referring the matter to committee. As matters stand, the discussion will stand adjourned at 7 p.m. and the motion can be voted on when it comes back from the committee. That is my understanding of the position.

Deputy Enda Kenny: May I assume from the Ceann Comhairle’s intervention that any amendment to the motion can be put and discussed today——

459 Order of 27 May 2008. Business

An Ceann Comhairle: Yes.

Deputy Enda Kenny: ——and we will suspend the discussion at 7 p.m.?

An Ceann Comhairle: My understanding is that the amendment can be moved and discussed today.

Deputy Enda Kenny: I had a different interpretation.

An Ceann Comhairle: I must move on. I call Deputy Kenny to speak on the Order of Business.

Deputy Leo Varadkar: The amended motion has to come back to the House for a division.

An Ceann Comhairle: As I explained, it is my understanding that the discussion will stand adjourned at 7 p.m. and the House may divide on the motion when it returns from the committee.

Deputy Caoimhghı´nO´ Caola´in: I ask for clarification. My colleagues and I have tabled an amendment to this substantive motion. If the opportunity is not provided to directly participate in what is now being proposed, it will be as a direct result of the acceptance of a Private Notice Question on what I do not deny is also a very important issue.

An Ceann Comhairle: I have written to the Deputy’s colleague on this matter. Is the proposal agreed?

Deputy Caoimhghı´nO´ Caola´in: No.

Deputy Emmet Stagg: It is important to clarify that if amendments are moved today, the division or divisions on the amendments and motion will take place when the issue comes before the House again.

An Ceann Comhairle: That is correct. Is the proposal agreed?

Deputy Caoimhghı´nO´ Caola´in: I have already indicated it is not agreed. Question, “That the proposal for dealing with No. 8, be agreed to,” put and declared carried.

An Ceann Comhairle: I remind Members that a special notice question has been allowed and the discussion on the proposed prison at Thornton Hall will terminate at 7 p.m.

Deputy Enda Kenny: The discussion will be suspended rather than terminated at 7 p.m. I am glad the Ceann Comhairle allowed Deputy Stanton’s special notice question. On the Order of Business, I will stick within the rules today. The Da´il will only sit for two days next week and will not sit in the week of the referendum. This means the House will only sit for four weeks in the period until 4 July. Members have still not had sight of the long-stay institutions Bill. May I assume the Minister for Health and Children will publish the Bill in good time before 3 July and the Da´il will have an opportunity to discuss and debate it? In respect of Nos. 37 and 38, the restructuring of the inland fisheries sector is causing some trouble around the country and this is an important time of year for those involved in the sector. The fisheries amendment Bill is expected some time in 2008, while a timescale for the fisheries consolidation Bill has not yet been provided. Will the Taoiseach provide further information on the legislation?

460 Order of 27 May 2008. Business

The Taoiseach: The nursing homes Bill is almost finalised and it is hoped it will be published in the next few weeks. Whether the legislation will be completed in this term is a matter for the House when the Bill is published.

Deputy Eamon Gilmore: I will raise only one matter on the Order of Business. In the previous Da´il the Labour Party, through Deputy Howlin, introduce a Bill to provide for civil unions or civil partnerships. The Bill was deemed to have passed Second Stage but the six month run on it elapsed during the general election period. A motion tabled by my party in the House last October to have the Bill referred to committee was voted down by the Govern- ment with the promise that it would have the heads of its own Bill published by the end of March. While I am fairly reasonable and do not mind if things run on a couple of weeks, I note from reports in The Irish Times this morning that there are differences in Government over this Bill and it may be delayed. Are there differences between the Government parties about bringing a civil partnership or civil unions Bill before the House? Where stands the commitment, given to the House when the Labour Party brought its Bill to the House, that the heads of the Government’s Bill would be published by the end of March?

The Taoiseach: A draft scheme of the civil partnership Bill was circulated to Government Departments and the Attorney General for their observations in March, as per a commitment given by the previous Minister for Justice, Equality and Law Reform. The Bill is being finalised in light of the responses which have been received and will be brought to Government shortly for consideration. As the Minister for the Environment, Heritage and Local Government stated, it is better to do something right than to do it quickly and we hope to proceed on that basis.

Deputy Eamon Gilmore: May I have some indication as to when the Bill might be published?

The Taoiseach: As a former Minister of State, the Deputy will know that until the Govern- ment discusses and approves the Bill, it cannot be published. It will be discussed by the Govern- ment shortly.

Deputy Eamon Gilmore: The indication given by the Government when my party’s Bill was voted down last year was that the heads of a Bill would be published by the end of March. While they appear to have been circulated to Government, we are entitled to hear what type of timescale the Government has for the production of the Bill. The Labour Party can reintro- duce its Bill if the Taoiseach wishes. The Government gave a commitment to introduce a Bill and I would like some indication as to when it is likely to appear.

The Taoiseach: I have given——

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

Deputy Charles Flanagan: The difference between the Taoiseach and leader of the Labour Party is that the Taoiseach says the commitment was fulfilled by the circulation of a document from the Department of Justice, Equality and Law Reform to Government colleagues, whereas it is my clear recollection, as I believe the record will show, that the commitment was to publish the heads of a Bill, which is somewhat different from the circulation of a document to Cabinet.

The Taoiseach: I am bringing the factual position to the attention of the House based on a question which was put to me. The draft scheme is being finalised in light of responses received as a result of the circulation of the Bill to Departments and the Attorney General for their

461 Order of 27 May 2008. Business

[The Taoiseach.] observations. It will be brought before the Government shortly, where it will be discussed. If it is approved, it will be published. I cannot anticipate that until it actually happens.

Deputy Michael Creed: The Taoiseach will be aware of the blockade in French ports that has been organised primarily by the French fishing industry. In the international press, we read of details of a deal between the French President and French fishermen on tax breaks and fuel subsidies.

An Ceann Comhairle: That is not in order. You must speak on legislation.

Deputy Michael Creed: Will the Taoiseach organise a debate in the House on these issues? They have direct consequences for those involved in the Irish fishing industry.

An Ceann Comhairle: That is not in order.

Deputy Michael Creed: Will the Taoiseach agree to a debate on this matter at an early date? While I have the floor, can I ask whether he will organise a debate on the recently published health check proposals for reform of the Common Agricultural Policy?

The Taoiseach: All of these matters are for consideration by the Whips.

Deputy Caoimhghı´nO´ Caola´in: Will the Government allow time to address the report by the health protection surveillance centre on the increased spread of Clostridium difficile? This is a major health emergency and it merits a debate in this House as the Minister and the HSE have not responded to this crisis properly.

An Ceann Comhairle: I am sure that is a matter for the Whips.

Deputy Caoimhghı´nO´ Caola´in: Will the Taoiseach accommodate such an opportunity?

The Taoiseach: It is a matter for the Whips. I am not in a position to say whether a debate can be held.

Deputy James Bannon: When can we expect publication of the long awaited trust Bill, given that the principal legislation in this area is the Trustee Act 1883?

The Taoiseach: I do not think it goes back that far here, but we do not have a date for its publication at the moment.

Deputy Terence Flanagan: The property services regulatory authority Bill is urgently needed to regulate management companies and management agents. When will it come before the House?

The Taoiseach: We will have it published this session.

Deputy Bernard J. Durkan: In view of recent events, when is it intended to bring in a Bill, which has been promised, to amend the Industrial Relations Act 1990?

The Taoiseach: Work on it is ongoing, but there is no date for its publication yet.

Deputy Bernard J. Durkan: Two other items on the list of proposed items for legislation relate to the Minister for Justice, Equality and Law Reform. One of them is to give effect to the EU framework decision on the application of the principle of mutual recognition of confis-

462 Order of 27 May 2008. Business cation orders. It is not possible to indicate the date of publication, but when will the date arrive by which it is possible to indicate when it might be published?

The Taoiseach: It is hard to know.

Deputy Bernard J. Durkan: That is what I was thinking myself. What about the Bill to give legislative effect to certain provisions of a UN convention on transnational organised crime? Is that hard to know as well?

The Taoiseach: The legislation committee is working on that.

Deputy Bernard J. Durkan: I appreciate that.

Deputy Billy Timmins: The Taoiseach will be aware that there is an international conference currently taking place on banning cluster munitions. The Government has given a commitment to bring forward legislation in the next nine months that bans the use of cluster munitions. Could the Taoiseach arrange for the Minister for Foreign Affairs to come into the House tonight or tomorrow to outline the Government’s proposals on the treaty? There could be very serious implications in the area of inter-operability.

An Ceann Comhairle: We cannot go into that.

Deputy Michael Martin: The Deputy knows the story on that.

Deputy Billy Timmins: I do not know the story. His predecessor was disingenuous.

An Ceann Comhairle: I have to move on to the rail dispute and then onto the prison question, even though I only have two hours and five minutes.

Deputy Lucinda Creighton: A report from the Joint Committee on European Scrutiny is due to be debated in the House next week. The report deals with the impact of the Lisbon treaty on the role of national parliaments in the scrutiny of legislation. This is a particularly important debate and I am concerned that the House is only sitting for two days next week. I have never fully understood why a bank holiday must extend until Wednesday afternoon. How long will this debate last in the House? It is a particularly important issue, given the untruths and myths being propagated by the “No” side.

An Ceann Comhairle: We cannot discuss that now.

Deputy Bernard J. Durkan: The Taoiseach wants to answer.

An Ceann Comhairle: It is not in order.

Deputy Leo Varadkar: I refer to the recent decision of the then Minister for Enterprise, Trade and Employment, Deputy Martin, not to commence section 80 and section 81 of the Consumer Protection Act 2007, which make illegal rip-off credit card and debit card surcharges. That decision was made on the basis that it was in conflict with European law. I have information from the European Commission and from the Minister for Finance that this advice is not correct. The payments services directive allows for the prohibition of those surcharges.

An Ceann Comhairle: We cannot deal with that.

463 Dispute in 27 May 2008. Irish Rail

Deputy Leo Varadkar: When will the legislation on this be introduced? The Government cannot hide behind Europe anymore. There is no impediment in European law to banning credit and debit card surcharges.

An Ceann Comhairle: The Deputy will have to put down a question on that matter.

The Taoiseach: The Attorney General provides advice to the Government on that.

An Bille um an Naou´ Leasu´ is Fiche ar an mBunreacht 2008: An Che´ad Che´im.

29th Amendment of the Constitution Bill 2008: First Stage. Deputy Arthur Morgan: Tairgı´m:

Go gceado´ far go dtabharfar isteach Bille da´ ngairtear Acht chun an Bunreacht a leasu´ .

I move:

That leave be granted to introduce a Bill entitled the 29th Amendment of the Constitution Bill 2008 and to provide for related matters.

An Ceann Comhairle: Is the Bill being opposed?

The Taoiseach: No.

Cuireadh agus aontaı´odh an cheist.

Question put and agreed to.

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

Deputy Arthur Morgan: Tairgı´m: “Go dto´ gfar an Bille in am Comhaltaı´ Prı´obha´ideacha.” I move: “That the Bill be taken in private Members’ time.”

Cuireadh agus aontaı´odh an cheist.

Question put and agreed to.

Private Notice Questions.

————

Dispute in Irish Rail. An Ceann Comhairle: I will call on the Deputies who tabled questions to the Minister for Transport in the order in which they submitted their questions to my office.

Deputy David Stanton asked the Minister for Transport his views on the rail dispute which has led to the cancellation of some trains and service disruption over the past six days, causing serious inconvenience to passengers and the public in general.

Deputy Fergus O’Dowd asked the Minister for Transport his views on the need for a no- strike clause on essential transport services as a result of the effect of the unofficial strike in

464 Dispute in 27 May 2008. Irish Rail

Irish Rail, causing mayhem and disruption for thousands of passengers, adversely affecting the economy and showing no regard whatsoever to the travelling public and the taxpayer.

Deputy Thomas P. Broughan asked the Minister for Transport to ensure that all possible avenues are explored to bring about an immediate resolution of the Irish Rail dispute.

Minister for Transport (Deputy Noel Dempsey): I propose to take all the questions together. I thank the Deputies for raising this matter. I am sure that they condemn this unofficial action that has brought such disruption to train services. The day-to-day operation of train services, including the management of industrial relations, is a matter for Irish Rail. This industrial action, which has brought almost 20 daily train services in Cork and Kerry to a halt, including commuter services in the Cork city area, has its origins in the refusal by some drivers to undertake in full driving duties that had been agreed with the NBRU and SIPTU national drivers committee and endorsed by the Labour Relations Commission last March. The dispute is affecting thousands of passengers, many of whom are not well placed to organise alternative means of transport. These people are being seriously inconvenienced by this unofficial action, which should cease immediately as far as I am concerned. Apart from directly impacting on Irish Rail revenue, the unofficial action is also undoing some of the good work carried out by Irish Rail in recent years to improve the quantity and quality of services. There has been sustained high-level capital and current investment in the rail network over the past decade. This year, a total of \522 million in capital \ 5 o’clock funding and 191 million in current funding has been allocated to Irish Rail, which represents an 18% increase on the 2007 figure. That is a substantial level of Exchequer investment in the railway network. It is being used to fund major infrastructure and rolling stock upgrades. The beneficial impact of this Government investment is evident in the increased passenger numbers being carried by Irish Rail, which are up from 31.7 million passengers in 2000 to almost 47 million passengers in 2007, representing a 50% increase. There are now more trains and more services carrying more people than ever. This customer base, growing in response to the improved services, rightly expects a reliable service that is not subject to regular disruption. If it is to retain and expand its customer base and effectively make the case for ongoing investment in the rail network, Irish Rail must be able to guarantee reliability. Regarding no strike clauses, Iarnro´ dE´ ireann has agreements in place to limit industrial action and its impact on services. The Labour Relations Commission code of practice advocates procedures and safeguards in the case of essential services, namely, those whose cessation or interruption could endanger life, cause major damage to the national economy or widespread hardship to the community. The Labour Relations Commission recommends that parties should recognise the joint responsibility to resolve disputes without resorting to strikes or other forms of industrial action. Unofficial industrial action hinders the promotion of public transport as a viable alternative and there is a case to be made that no strike clauses would improve confidence in public transport and ensure the efficient operation of public transport network services. It would not be appropriate for me to intervene and I do not intend to do so. I regret the inconvenience caused to customers and ask that the unofficial action be withdrawn immediately.

Deputy David Stanton: I thank the Ceann Comhairle for allowing the private notice question. I was caught in this last Thursday when the dispute broke, as were thousands of others. The Minister referred to the fact that this has been going on for quite some time. Is there no early warning system in the industrial relations machinery of the State that should have picked this

465 Dispute in 27 May 2008. Irish Rail

[Deputy David Stanton.] up and averted it a long time ago? I welcome the fact that the Labour Relations Commission is meeting both sides today. I wish it well and hope that it resolves the dispute. Does the Minister agree there is something fundamentally wrong with the relations between some workers and management in Iarnro´ dE´ ireann to lead to this? It seems to be intractable and bitter. It needs some form of investigation to find out what has led to this and to ensure it does not happen again. Does the Minister agree that the important matter is to get the trains on track so that the public is not inconvenienced any further? Many thousands of people in Cork have been seriously discommoded over the past while. Will the Minister join with me in calling on both sides to get the trains on track now, to work to sort out whatever residual difficulties exist and to use all the mechanisms of the State to ensure this deep and bitter issue, which has been going on for some time, is resolved as soon as possible so that it will not happen again? Other State companies, such as the ESB, are an example of good practice whereas we have memories of major difficulties in some of those companies in the past. They now have internal mechanisms to ensure we do not experience the kind of problems that are happening in Iarnro´ d E´ ireann.

Deputy Noel Dempsey: Regarding the Deputy’s question on early warning systems, the signs have been there for some time. Patient efforts were made by Iarnro´ dE´ ireann to ensure that services were maintained across the network. The company has tried to contain the action but if one has a small group of individuals who are determined not to comply with normal industrial relations machinery and procedures, it is difficult to do much about it other than cajoling the workers to comply with obligations and agreements made. I do not accept that there is something inherently wrong with the situation between unions and management in Iarnro´ dE´ ireann. It must be said again and again that this is unofficial action and is not sanctioned by either trade union in the company. It is the action of a number of individuals in the Cork-Kerry area. Some other people in other areas went out in sympathy. The sympathy should be with the travelling public, not those who do not appear to want to work towards a solution. I agree that if there is a problem between unions and management there are labour relations mechanisms that can solve a dispute. The official unions, SIPTU and NBRU, used this recently to solve it. There is an ongoing discussion between the company and the group of unions on pay, conditions, working hours and pension improvements, which carried on for a long time before being referred, by agreement, to the Labour Relations Com- mission. There was a conciliation conference on 4 March and the deputy director of conciliation issued a proposal to both parties, which exhorted the drivers to restore full co-operation with training and changes of duty and to cover absences of colleagues. The joint NBRU-SIPTU national drivers committee unanimously accepted the Labour Relations Commission proposal and issued advice to driver members to restore co-operation. We must make the distinction that most drivers responded positively to that and got on with their business. A number have resolutely refused to go back and this is where the difficulties arise.

Deputy Fergus O’Dowd: Is the core of this wildcat strike the refusal of a driver to drive a train, which is his job? The key to the solution of this is the draft proposal made by the Labour Relations Commission in 1992 on essential services, to which the Minister referred. Where essential services are affected, such as rail transport in this case or the air traffic controllers strike earlier this year, we must have an agreement between the social partners — the unions and employers — and this must be based on the consent of both sides. A no strike clause must

466 Dispute in 27 May 2008. Irish Rail apply to the new code for essential services. Notwithstanding that it is 16 years since these proposals were first made, is it not the case that this proposal does not apply? Ireland has dropped 17 places in international competitiveness in a few short years. We cannot afford to have the image portrayed that Ireland is a bad place to invest in with the cancellation of major intercity trains between the county’s two largest business and urban centres for days on end. If we have a no strike clause in place and if there is a new partnership agreement, as part of the Minister’s role should he not intervene in partnership agreements to ensure a mandatory cooling off period of six months at a minimum in a case like this? The vast majority of workers do not want or support this strike but a small number of wildcat strikers are getting away with it. We must deal with them effectively in the modern economy. We must put them outside the agreement of workers and unions who consent to this. We must ensure our economy is not held to ransom by people refusing to drive a train, which is actually their job.

Deputy Noel Dempsey: The Deputy is correct that this particular phase of the dispute came to a head when a driver based in Cork refused to undertake a particular duty, namely, to facilitate the training of four trainee drivers. He refused to undertake this duty on the basis that he had been assigned a different duty per his roster. Following removal of the person concerned from the roster, 12 other drivers in Cork refused to operate their rosters. Previously, where such disputes arose people were suspended with pay. However, in this case the drivers have been advised payment to them will not resume until they have returned to duty and accepted the proposal agreed by everybody else. This is proving to be the core of the problem, the final straw, although I suspect given the background to this dispute that there is more involved. I share the view expressed to me today and previously by Deputy O’Dowd that a no strike clause should be negotiated as part of the social partnership agreements to prevent this type of irresponsible striking. I have no difficulty saying this. A problem arises in respect of those people who put themselves outside——

Deputy Fergus O’Dowd: They should be sacked; that is the answer.

Deputy Noel Dempsey: It may be the answer but it may also cause a greater problem at the end of the day. A difficulty arises in respect of no strike clauses. As I stated earlier, we have chosen the route of partnership and have set up various mechanisms in this regard. We now have in place as fine an industrial relations machinery as any state. We have chosen the route of partnership rather than the introduction of draconian legislation. However, instances like this give rise to questions such as those raised by Deputy O’Dowd and others in respect of the provision of essential services. We need to put in place legislation to deal with the taking of unofficial action in this regard.

Deputy Thomas P. Broughan: I welcome the involvement of the Labour Relations Com- mission. I hope a basis for a quick resolution of this dispute will emerge as soon as possible. In any public transport system commuters must come first. It was totally unacceptable last Thursday that thousands of people were left stranded on platforms waiting for trains that did not arrive. It is also unacceptable that many people missed important appointments and were unable to attend concerts, community games and so on. This should not have happened. It appears this problem has been simmering for at least seven or eight years. The new deal for locomotive drivers emerged in 2000. I note that in 2006 there was to be a final resolution in respect of hours worked given an agreement in this regard had been reached in 2000.

467 Dispute in 27 May 2008. Irish Rail

[Deputy Thomas P. Broughan.] However, this was not implemented. It is the job of management to implement an agreement but it did not do so. Has the chief executive, Dick Fearn, and the Irish Rail management team brought to the Minister’s attention since he took up office as Minister for Transport this festering industrial relations problem which needed to be resolved? As the Minister stated, a majority of workers turned up willing and available to work but were not permitted to do so? Is there any substance, therefore, in the charge made by SIPTU and others, that to some extent management allowed this dispute to happen? As I understand it, the day the dispute arose an industrial relations meeting was taking place in respect of the resolution of the basic problems, including hours to be worked, which dated back to 2000. The Minister noted the achievements of Irish Rail and mentioned it had carried as many passengers last year as Ryanair. The Government’s investment in Irish Rail is welcome as is the company’s performance right across the board. What everybody in the country wants now is for the trains to be running again. Commuters in Cork, Mallow, Tralee, Dublin and elsewhere have been discommoded and they want the trains up and running immediately. In that context, is it not invidious that any kind of preconditions would have been set, as happened yesterday? The service could have been back in action as soon as possible with substantive negotiations in hand.

Deputy Noel Dempsey: I agree with the Deputy that commuters must come first. We all share the view in respect of the provision of quality customer services at all times. Of particular importance in respect of a quality customer service is the provision of a reliable and dependable service, one from which people will not walk away at the drop of a hat. It is important people bear this in mind. I set out at a recent rail union conference the importance of providing a reliable service. As I stated, passengers numbers have increased by almost 50% from almost 32 million passengers to 47 million passengers in a relatively short period. With the roll-out of new stock on the Sligo, Limerick and other lines, the creation of the new hourly services between Dublin and Cork and improvements throughout the system, people are beginning to believe we have a rail system that is reliable, fast, efficient and comfortable. The evidence exists; people are voting with their feet. The progress we have made during the past six or seven years can be undone in two or three days as a result of this type of strike action. I do not believe this is acceptable. Those responsible for this dispute are doing themselves and the company a huge disservice and they should stop it. Deputy Broughan is correct that there have been underlying industrial relations issues in the company for almost seven years. People are aware, however, that it takes two to tango. As the Deputy stated, the issue first arose in 2000 following a proposal to reduce the working week for drivers, the core working hours and in respect of improvements to pensions and so on. Discussion on these issues commenced at that time. An improvement in the working hours for drivers was achieved in 2001 but negotiations on the matter have not yet concluded. This also benefited pensionable pay. In return for these concessions and making them official, the company is seeking three major changes in work practices in respect of performance pay, central rostering and contingency drivers. These issues have been ongoing since then. They are the background to this more immediate dispute. With regard to the Deputy’s other question, if people say they want to come back to work they should come back without preconditions. They are the people on unofficial dispute and it

468 Dispute in 27 May 2008. Irish Rail is not unreasonable of the company to ask them to sign up to not walking out again in 24 or 48 hours if the mood takes them. I have no issue with this from a company point of view.

Deputy Bernard Allen: I welcome the intervention of the Labour Relations Commission and I wish it well in its efforts to get the trains back on track. The Minister must agree that over the years CIE and Iarnro´ dE´ ireann have been in an industrial backwater with archaic management and working practices. Even though we had the modernisation of the rolling stock in recent years, some of these archaic practices still exist in management and work practices. Yesterday, when workers indicated they would return to work they had to sign up or not be allowed back. Did the Minister ask whether anybody realised this was akin to throwing petrol on a simmering labour relations problem? Did anybody ask whether it was inevitable the travelling public would be victims again because of a management decision? I condemn wildcat strikes and unofficial strikes. However, as the Minister stated it takes two to tango. The very act of asking people to sign on a dotted line yesterday inflamed the situation and made it worse. I agree the Minister cannot get involved directly in talks between management and workers. However, the question must be asked as to why this type of inflammatory act was allowed to impose on the travelling public yesterday.

Deputy Noel Dempsey: As I stated, this was and is unofficial action. Discussions took place some time back at the Labour Relations Commission to resolve outstanding difficulties. A recommendation was made by the deputy director of conciliation. He issued a proposal to the parties. This proposal exhorted the drivers to restore full co-operation with training, changing of duties within turn and covering the absence of colleagues. This was unanimously accepted by the trade unions, NBRU and SIPTU, and their committees. Last Thursday, and not for the first time, several people decided they would not honour this and caused the current difficulties. Perhaps the Deputy is more aware than I am that this is not the first time this has happened. They went back before and came back out again. In these circumstances it is not unreasonable to ask people to sign up to state they will not do it again and will let the Labour Relations Commission get on with its business and deal with the issue. I do not think it was designed to inflame the situation and nor should it. At that time, the drivers had indicated they were willing to come back, work and co-operate on everything else. All they were being asked to do was confirm it in writing and I do not think this was unreasonable.

Deputy Arthur Morgan: I acknowledge the inconvenience caused to the travelling public, whether they are travelling to work, social or sporting events, family meetings and the usual reasons people travel. We are acutely aware the LRC talks have been under way for less than three hours. We wish all those involved well and hope a positive outcome will be achieved this evening to allow people get back to work tomorrow morning and allow the public to travel and use Iarnro´ dE´ ireann’s facilities. While I understand the Minister cannot jump in to intervene in every dispute on day one or two, can he employ a mechanism to involve the LRC much earlier in disputes such as this? I wonder with regard to all areas and not only transport whether a mechanism can be found to involve the LRC at an earlier date to get people together and talking, sort matters out and get everybody back to business as soon as possible. It is ironic just minutes after I moved a Bill to amend the Constitution and which calls for union recognition, recognition of collective bargaining and the right to strike that we are discussing a “no strike” clause. We had clear early warning signs with regard to this. I understand what the Minister stated with regard to the difficulties involved. Could a greater effort have

469 Dispute in 27 May 2008. Irish Rail

[Deputy Arthur Morgan.] been made by all involved, particularly management and the trade unions, to have this closed off before it came to the point of inconveniencing the public for six days? I share Deputy Allen’s view on management seeking workers to sign up to not striking again when it was clearly an extremely fraught time. Does the Minister accept that an opportunity existed to get people back to work and to use the time productively to try to negotiate and get everybody’s head around what needs to happen, resolve possible disputes and allow the public to travel?

Deputy Noel Dempsey: The Deputy raised an interesting question. I am long enough in this House to remember times when Ministers directly and publicly intervened in strikes and disputes within State and semi-State companies. They were berated by everybody——

Deputy Thomas P. Broughan: Sometimes they were very successful such as the former Taoiseach Deputy Bertie Ahern.

Deputy Noel Dempsey: ——on all sides of the House for interfering in the day to day running and management of a company. To ensure we keep party politics out of it as much as possible we created an elaborate set of labour relations arrangements such as the Labour Court, which has been established for a long time, the Labour Relations Commissions and other ways and means such as partnership and implementation bodies, to try to ensure the people in dispute discussed the dispute and tried to resolve their difficulties through the partnership model. It was not felt political intervention was the best way. Those mechanisms are in place and they were used in this instance to try to resolve outstanding difficulties. A Labour Relations Commission report was made on this and accepted by the unions. A group of workers decided to step outside of it. From everybody’s point of view, we are back to square one. The mechanisms that exist should be used where necessary. There is no excuse for this type of dispute where workers step outside the mechanism. I regard the recognition of unions as extremely important. In the past, unions have shown themselves to be responsible in their attitude and response to the national interest. Partnership has enshrined that. A number of people decided they wanted to step outside of that. One cannot make much of an effort to avert something that one does not know will happen. By its very nature, a wildcat strike flares up, as this did, even though there were underlying issues. Now that the LRC is communicating with both union and management, that is the place to resolve this dispute rather than anywhere else and I sincerely hope it will be resolved.

Deputy Deirdre Clune: I agree with the Minister regarding the level of service on offer on the Cork to Dublin and Tralee to Dublin routes. It has been a success, which is evidenced by the large number of people availing of the service, and this makes last Thursday’s wildcat strike all the more difficult for people to take. It affected many people who had made plans for the weekend and it affected them yesterday and today. Passengers cannot make plans and nobody knows where they stand for the week. One driver refused to operate a roster last Thursday and 12 others went out in sympathy with him. Is 13 the total number of drivers involved? I accept many drivers want to return to work and they are not happy with the position in which they find themselves. This issue has been simmering for a long time and anyone who uses the rail service regularly will be aware of stoppages and delays. When issues have flared up previously, they were resolved in a few days. This is an unofficial dispute and I acknowledge the role the unions and the LRC are

470 Dispute in 27 May 2008. Irish Rail playing. However, is the Minister committed to the introduction of a no strike clause, particularly for essential services? Earlier, he seemed to indicate his support for such a provision. Can we take it he does and that he will introduce such a clause for a limited number of essential services in order that the public will not be discommoded to such an extent?

Deputy Noel Dempsey: With regard to a no strike clause for essential services, in 1992 under section 42 of the Industrial Relations Act 1990, the LRC, following consultation with the ICTU and IBEC, prepared a code of practice on dispute procedures, including procedures for essential services. The code is designed to assist employers and trade unions in making agreements that recognise the rights and interests of the parties concerned and contains procedures that will resolve issues in a peaceful manner and avoid the need for the parties to resort to actions that would lead to a disruption of supplies and services. This voluntary approach has worked very well in general since it was put in place. I encourage unions and management in as many companies and essential services as possible to adopt this approach. However, if a number of workers intend to be as disruptive as possible, all the no strike clauses in the world will not help, whether they are voluntary or provided for in legislation. It is not up to an individual company or union to negotiate such a clause. The way to approach this is to discuss such a provision at partnership rather than having it imposed by a Minister or a company. The Deputy asked about the total number of drivers involved. One driver refused to work and he was followed by 12 others who went out in sympathy with him. The following day a number of drivers in Athlone, Galway and Westport joined the unofficial stoppage in sympathy with the Cork drivers. I am not sure about the total number of drivers involved nor am I sure about the total number employed by Iarnro´ dE´ ireann. On a related issue, the union has sought reduced working hours for drivers and the company has attempted to train additional drivers in order that the agreement on reduced hours could be put in place. A number of drivers have as little as two hours training to complete and, therefore, the action is not only causing problems for passengers, it is also causing problems for the company and the drivers who would like to work more regular rostered hours. It is causing them difficulty because the new drivers cannot be deployed, which is regrettable. I hope sense will prevail and the drivers who are causing major disruption will think a little more about commuters and resume the provision of a quality customer service on the routes in question.

Deputy David Stanton: The Minister indicated the normal reaction to an unofficial action is to suspend a worker with pay. Is it normal to tell someone he is off the payroll? What mechanism is in place to provide for this? Is that the equivalent of sacking somebody on the spot? Is the Minister saying it would be preferable to suspend workers with pay and hold discussions? Will he receive a report on the dispute from the LRC or the company when it is resolved? Will he investigate it further to ascertain what improvements can be made in order that such an action cannot happen again? Does he agree it is most important to ensure services resume as soon as possible while the talks are ongoing or is he saying the talks should conclude, an agreement should be finalised and everything signed up before services resume?

Deputy Noel Dempsey: I am not saying that. Trains should not be stopped. The drivers should work in accordance with the agreements in place and trains should run, irrespective of what is happening at the LRC or anywhere else. No suspensions should happen or be lifted on the basis of the outcome of the LRC talks. This is an unofficial action, which should not be happening, irrespective of whether the commission is in discussions with the parties involved. The trains should be running.

471 Dispute in 27 May 2008. Irish Rail

[Deputy Noel Dempsey.]

With regard to my reference to suspensions, previously when such an action took place, drivers were suspended with pay but, in this instance, the drivers are deemed not to be available for work and, therefore, they are not being paid. That is a reasonable position.

Deputy Sea´n Sherlock: I thank the Ceann Comhairle for allowing me to contribute. I am a regular user of the Mallow to Dublin service and I rely on it greatly. It is perhaps a credit to Iarnro´ dE´ ireann in some respects that it has rolled out a fairly extensive service. However, credit is also due to the existing drivers on those routes. Some of these drivers have eaten considerably into their holiday time over the past 12 months because of the shortage of drivers and were refused leave in some instances when they sought and gave notice for leave for family occasions like confirmation or first holy communion. While we agree this is an unofficial strike — I particularly welcome the fact that the LRC machinery is now kicking in and I hope that both sides will come to a compromise on this — there needs to be a roll-out of the drivers as promised. If that can be expedited so that the service is resumed and the existing drivers are not put under increasing pressure that should be done. There are two sides to this Iarnro´ dE´ ireann story. I hope it will come to a successful conclusion. Some drivers have been very flexible in their approach with Iarnro´ dE´ ireann and have been more than willing to accede to its wishes in terms of practices. I hope Iarnro´ dE´ ireann will reciprocate in kind.

Deputy Fergus O’Dowd: Services from the town of Tralee could be at risk. I understand the figures regarding passengers carried from Tralee are dropping. In view of the competition from Ryanair and so on from Cork Airport, this strike could affect the future or frequency of the service from Tralee. Rather than go into the nitty gritty of the points local people have properly made and which have been answered in many cases, the point I make is that for 14 weeks in a row this spring, the early morning commuter train from Portlaoise was cancelled because of this industrial action. It is not something that is just confined to Cork but concerns issues that affect commuters right around the country. In his reply, the Minister said he does not disagree with the idea of legislation to deal with this issue. In this LRC document, the key point the commission makes is that where the parties have continued to disagree and the LRC forms that opinion, it should then consult the Irish Congress of Trade Unions and IBEC. The document states that:

The objective of such consultation should be to secure their assistance and co-operation with whatever measures may be necessary to resolve the dispute including, where appropriate, arrangements which would provide a basis for a continuation of normal working for a period not exceeding six months while further efforts by the parties themselves or the dispute settlement agencies were being made to secure a full and final settlement of the issues in dispute.

That is the core point I make to the Minister about the “no strike” clause. Effectively, having gone through all the options, ultimately, the LRC tells both the Irish Congress of Trade Unions and businesspeople that they must go back to work for six weeks and that it will continue to make every effort to resolve this dispute. We must take a firm stand on this and if legislation is needed, I put it to the Minister that this is the sort of “no strike” clause that would effectively come into play at that point.

472 Dispute in 27 May 2008. Irish Rail

An Ceann Comhairle: We will take a concluding supplementary question from Deputy Broughan as well.

Deputy Thomas P. Broughan: Clearly, the right of workers to collective bargaining is a key belief of my party. Talking about “no strike” clauses is pointless, right-wing rhetoric that does not solve the fundamental issue for commuters and the company. The Irish Rail Users Union has spoken about the necessity for independently set and monitored standards of service that would be delivered. I note in respect of the debate on the Dublin Transport Authority, which the Minister of State at the Department of Transport, Deputy Noel Ahern took last week because the Minister was not in the House, that, obviously, contracts of service will exist. However, the Minister is not bringing forward a national transport regulator so in a situation like the one we are discussing this evening, there is no body that can insist on a particular type of service delivery. Does the Minister think he should look again at the necessity for a national transport authority? The Minister did not respond to my earlier question about whether management at Iarnro´ d E´ ireann brought to his attention the fact that it had a long-running and deep-seated problem in respect of the management of working time and the successful expansion of the network. I understand it is training 60 drivers at present and so on. Given that this is the case, was the Minister forewarned that this was likely to happen and could management have done more to stop it? The Minister spoke about people signing preconditions but the travelling public would prefer it if at least the bulk of the service would run. There is no point in trying to make debating points when people are left without a transport service. The most important point is to get the trains running on time and get the service back.

Deputy Noel Dempsey: I agree with the Deputy that it would be better to have the service back but not just for 24 hours or 48 hours or until somebody decides to take issue with an instruction again in the future. That kind of service is no good for anybody. What everybody wants is for the service to be resumed and for people to be able to make plans and not be left like the people last Thursday who wanted to go to rugby matches, community games or a concert and suddenly found that there were no trains to bring them. We should not just roll over and let them back without getting them to sign anything so that they can do this again on a bank holiday weekend when they think it is a good day to have another strike. It is not a debating point or anything else; it is a fact. We have had enough of this kind of carry-on from a small number of people who are giving the rest of the drivers, the official trade union movement and the company a bad name and preventing people from making the full change to public transport. Now that this problem is where it is, it should be resolved finally rather than resolved for 24 hours or 48 hours or until somebody decides that they will head off in a different direction again. I apologise for neglecting to answer Deputy Broughan’s question about whether I was made aware of a deep-seated problem. I was made aware in briefings when I came into the Depart- ment and in meetings with the company that there is an ongoing labour relations problem within the company to which I averted earlier on. Attempts have been made to resolve this problem over a period. The way to solve it is to use the full labour relations mechanisms of the State, as both the official unions and the management have been doing. I encourage both sides to do this and bring the problem to some conclusion so that we will not have people trying to exploit the problem for whatever reason. I agree with the Deputy that service delivery is extremely important. The sequence of events I have laid out in the transport area in respect of regulation is that we would set up the DTA,

473 Prison Building Programme: 27 May 2008. Motion

[Deputy Noel Dempsey.] reform the 1932 Act and, in light of the experience, decide on the national transport authority or a national transport regulator. That is in accordance with the programme for Government and we intend to do that. I have dealt with the points made and will not delay the time of the House in respect of “no strike” clauses, with which we have dealt. I again acknowledge that Deputy O’Dowd raised the matter. Deputy Sherlock is correct in saying that at various times, some drivers have been under pressure. I would say that leave could not be granted to them rather, than that leave was refused, because sufficient drivers were not available at any particular time. Refusing to train the trainee drivers, as was the case in this instance, is not a way to relieve the problems in respect of having to work longer hours because there are insufficient drivers on the roster. I accept what the Deputy says regarding some drivers having to work longer hours than they want to but that is not going to be resolved by blocking the 60 people that are in training, some of whom are within two days of being fully qualified train drivers and who would expand the workforce and number of drivers, thereby taking pressure off the current drivers. That is not the answer to that particular problem. The answer is to allow the training to continue, as per agreements and to allow the drivers to complete their course. That will ensure that there are sufficient staff rostered to relieve the pressures that exist.

Prison Building Programme: Motion. Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I move:

That Da´il E´ ireann, noting:

— that the Minister for Justice, Equality and Law Reform, having considered the need for a new prison in the Dublin area, has decided to proceed with the development of a prison in the District Electoral Division of Kilsallaghan, in the County of Fingal;

— that the Minister for Justice, Equality and Law Reform has caused the documents specified in section 26(2) of the Prisons Act 2007 (No. 10 of 2007) relating to the development of a prison to be laid before each House of the Oireachtas together with a document containing the observations of that Minister on the environmental impact assessment and the report of the rapporteur;

— that the proposed development relates to the construction of a prison:

(a) located in the District Electoral Division of Kilsallaghan in the County of Fingal;

(b) for the purpose of accommodating not more than 2,200 prisoners;

(c) which development will consist of buildings of a floor area of approximately 140,000 square metres within a site of approximately 57 hectares;

(d) the site of which development will be bounded by a perimeter wall approximately 7 metres in height constructed behind the existing landscaped perimeter screen planting; and

(e) which development will consist of buildings with a height of 2 storeys other than the control centre which will have a height of 3 storeys;

— that the following alterations having been made by the Minister to the development in accordance with section 25 of the Prisons Act 2007 (No. 10 of 2007) in order to mitigate its visual and aural impact:

474 Prison Building Programme: 27 May 2008. Motion

(i) the erection of a 3 metre high timber fence on the outer boundary of the car park areas on the west side of the site (marked B on the map placed by the Minister for Justice, Equality and Law Reform in the Oireachtas Library on 14 May 2008), the re-design and adjustment of the car park, the lowering of the level of the car park at the boundary by approximately 1.5 metres and the imposition of a height limit for lighting fixtures in such car parks so that all the lighting fixtures shall be less than 3 metres in height off the ground;

(ii) the widening of planting areas at the places marked A on the map placed by the Minister for Justice, Equality and Law Reform in the Oireachtas Library on the 14 May 2008 by not less than 4 metres, the planting, where appropriate, of larger, mature trees and the relocating of the wall further from the boundary by a similar distance not to exceed 10 metres to accommodate the widened planted area;

(iii) the use of concrete, which has been treated or conditioned in such a manner as to make it visually less obtrusive, on the exterior security walls on the West and North of the development; and

(iv) the development of a new access road;

— that an environmental impact assessment was prepared with respect to the proposed development;

— that the Minister for Justice, Equality and Law Reform invited submissions or observations relating to the development of the prison from members of the public:

(a) by means of advertisement placed:

(i) in the following national publications on the 29 February 2008:

The Irish Times;

The Irish Independent; and

The Irish Examiner;

(ii) in the following local publication:

the Fingal Independent for the week commencing 3 March 2008;

(b) by the erection of site notices at 5 locations on the perimeter of the site;

(c) by issuing a newsletter (‘Thornton Hall Newsletter 2’) on 3 March 2008 which was delivered by An Post to more than 1,000 houses in the locality;

(d) by causing an announcement of the proposed development to be published:

(i) on the website of the Irish Prison Service; and

(ii) on the website of the Department of Justice, Equality and Law Reform;

— that the main measures taken to avoid, reduce or offset any possible significant adverse effects of the development on the environment are:

(i) the use of a design based primarily on two storey buildings (except for the control centre), centrally based away from the perimeter with a cordon sanitaire and

475 Prison Building Programme: 27 May 2008. Motion

[Deputy Dermot Ahern.] extensive tree screening minimising the visual and environmental impact including the impact on the local ground waters;

(ii) the retention, as far as possible, of the mature hedgerows and trees on the perimeter of the site and the creation of new habitat by tree planting;

(iii) the mitigation of potential impact from traffic by the development of a new access road diverting construction and operational traffic away from the road classified by the Minister for Transport as a regional road and assigned the number R130 in the Roads Act 1993 (Classification of Regional Roads) Order 2006 (S.I. No. 188 of 2006), the town of Coolquay in the County of Fingal and the Francis Taylor National School at Kilcoskan in the County of Fingal and the provision of a regular dedicated bus service, related to demand, linking the city of Dublin to the site of the proposed prison;

(iv) the mitigation of noise, dust and other emissions by prioritising the construction of the perimeter wall that will aid the mitigation of noise, dust and other emissions and the adoption of a Construction Environmental Management Plan;

(v) the management of the surface water system in a manner which controls the quality and quantity of the surface water in a manner likely to avoid any adverse effect on local water drainage systems (which management includes the use of underground attenuation storage);

(vi) the implementation of an environmental management programme to ensure the correct handling and storage of potentially contaminating materials and waste disposal;

(vii) the use of solar water heating, rainwater harvesting, biomass boilers, natural ventilation and measures to minimise carbon emissions and water demand;

(viii) the minimisation of night light impact by the use of adjustable perimeter security lighting;

(ix) the preservation of the Thornton Hall building which will not form part of the prison site; and

(x) the investigation of the site to identify, record, resolve or protect potential archae- ological heritage in the area of the development;

— that visual representations of the exterior of the completed development appear at the end of this resolution;

— that the conditions relating to the construction of the new prison to be complied with by the principal building contractor or developer engaged by the Minister are:

(a) that the development shall not vary in any material way from that outlined in the environmental impact assessment and the visual representations of the exterior of the completed development as laid before the Houses of the Oireachtas;

(b) that the construction schedule shall:

(i) give priority to the construction of an access route from the road classified by the Minister for Transport as a regional road and assigned the number R135

476 Prison Building Programme: 27 May 2008. Motion

in the Roads Act 1993 (Classification of Regional Roads) Order 2006 (S.I. No.188 of 2006) to the main site at Thornton Hall and that route will be used as the sole access route for all heavy construction traffic for the development; and

(ii) thereafter give priority to the construction of those sections of the perimeter wall that will minimise the impact of construction work within that perimeter on persons residing or working in the locality;

(c) that the road classified by the Minister for Transport as a regional road and assigned the number R130 in the Roads Act 1993 (Classification of Regional Roads) Order 2006 (S.I. No. 188 of 2006) shall not be used by heavy construction, delivery or removal vehicles other than:

(i) that portion of the road that must be crossed to gain access to the Thornton Hall part of the site from the new access route;

(ii) that portion of the road that must be accessed to construct the underpass from the new access route to the Thornton Hall part of the site; and

(iii) in emergencies where there is a threat to life or property and where the use of the new access route is not viable for that emergency;

(d) that the emergency exits at the north-west and south ends of the site shall not be used by service or delivery vehicles at any stage during construction or operation and shall only be used in the case of emergencies or emergency exercises;

(e) that construction shall not commence until a Construction Environmental Manage- ment Plan has been drawn up by the primary contractor, approved of by the Mini- ster for Justice, Equality and Law Reform and implemented in keeping with best practice and in particular the construction phase mitigation and other measures specified in sections 7.5, 8.7.1, 9.6.1, 10.5.1, 11.5.1, 12.6, 13.5 and 15.5 of the Environ- mental Impact Assessment shall be adhered to by the body or bodies contractually responsible for the construction of the development including any subcontractors;

— resolves to approve the development of the said prison at Kilsallaghan in the County of Fingal.

In order to facilitate a more in-depth consideration of this matter, it is proposed to refer the resolution placed on the Order Paper under section 26(1) of the Prisons Act 2007, approving the development of a prison in the district electoral area of Kilsallaghan in the county of Fingal to the Joint Committee on Justice, Equality, Defence and Women’s Rights. Technically, the subject matter of this debate, therefore, is a referral motion, but it is agreed on all sides that we should focus on the proposed development itself. The development proposed comprises eight separate and distinct institutions designed to hold a total of 1,400 prisoners on a single site of approximately 120 acres, enclosed within a single perimeter with centralised stores, work training, educational and library facilities and visitor facilities. All the buildings, except the control centre, will be two stories or less. The existing boundary hedgerows are being maintained. Inside that boundary there will be a planted area 10 to 20 m in depth, then a fence, a patrol road and then a wall approximately7min height. Inside that wall is the cordon sanitaire which will be generally 40 m in depth before one reaches the internal fencing of the development. Car parking for visitors and staff is outside the perimeter wall. A dedicated public transport service to the development from the city

477 Prison Building Programme: 27 May 2008. Motion

[Deputy Dermot Ahern.] will be provided for those visitors who wish to avail of it. The floor area is approximately 140,000 m2. The development of the prison facility centred at Thornton Hall will be the single biggest step in improving standards for prisoners since the foundation of the State. Its main purpose is to replace existing sub-standard accommodation and allow greater capacity to avoid overcrowding. It will do away with the current practice of slopping out in the Mountjoy male prison. Instead of sharing a cell — conditions that have been criticised severely both by the Council of Europe Committee for the Prevention of Torture and Inhumane or Degrading Treatment, CPT, and the former Inspector of Prisons — prisoners will be housed in individual cells meeting the requirements of the 21st century. The new development will mean that instead of the existing situation where, on frequent occasions, there are more prisoners than beds in both the Mountjoy male prison and the Do´ chas centre, there will be sufficient capacity to deal with the number of men and women being committed to prison in the Dublin area by the courts. The new prison will mean that it will be possible to assess individual prisoners as to their level of risk and to assign them to an institution with the appropriate level of security for that prisoner. Furthermore, it will be possible to keep feuding gangs separate from one another and their ring leaders isolated, reducing the potential for violence between prisoners. The introduction of a cordon sanitaire 40 m deep around the perimeter of the prison will make it impractical for anyone to try to throw drugs and other illicit materials over the wall into areas accessible by prisoners. The new prison will have sufficient educational, workshop and other facilities so that all prisoners can be productively engaged. The entire design of the complex is regimes-led, with a focus on rehabilitation. Prisoners can progress from high-security, relatively strict regimes to step-down, apartment-style accommodation to prepare them for their re-entry into the community. Thornton Hall prison will mean that instead of housing more than 990 prisoners on a 20 acre site, and 585 of them in one institution, we will have eight self-contained institutions with a total capacity of 1,400 prisoners on a 120 acre site. The largest institution will hold 192 prisoners. The design is such as to gain the maximum rehabilitative benefit from having a collection of small institutions but to also maximise the operational benefits associated with larger prisons by having one perimeter wall, central stores and maintenance service. By reducing existing pressure on prison capacity in the Dublin area Thornton Hall will give greater flexibility in developing other prisons. For example, it will allow younger male offenders to be located at Wheatfield which has the proper facilities for that age group. The detention of persons under 18 is no longer the responsibility of the Irish Prison Service and the intention is to house all offenders under 18 in Oberstown. I expect new facilities at Oberstown to be available before the closure of the Mountjoy complex but if for any reason they are not, contingency plans are in place to keep the young males in question in a separate facility at Thornton where they will have no interaction with adult prisoners, pending completion of the necessary works at Oberstown. The Prisons Act 2007 sets out a special procedure that may be applied for the purpose of determining whether consent should be granted to larger prison developments. Prior to the Prisons Act 2007, the procedure for all prison developments was determined in accordance with Part 9 of the Planning and Development Regulations 2001. Under those regulations, the Minister of the day was effectively the deciding authority for planning matters for prisons and until the enactment of the Planning and Development (Strategic Infrastructure) Act 2006 there was no statutory provision for an environmental impact assessment for a prison development.

478 Prison Building Programme: 27 May 2008. Motion

The purpose of the 2007 Act was to provide a more open and transparent mechanism for major prison developments under which an environmental impact assessment, EIA, meeting EC standards must be prepared and where the Houses of the Oireachtas make the decision whether to grant development consent. This is done in the form of a resolution, which we are discussing today, which must be then confirmed by an Act. The confirming legislation can only be presented to the House after the appropriate resolution has been passed. The initial stages of the process have already been progressed. On 29 May 2007 the provisions of Part 4 of the Prisons Act 2007 was applied to the proposed prison development in the district electoral division of Kilsallaghan. The main development is at the site of Thornton Hall in the townland of Thorntown although part of the development — mainly the access route — goes through adjoining townlands, all in the Kilsallaghan area. While the new development has not yet been given any official name, for the sake of convenience it is normally referred to as the development at Thornton Hall. The Director General of the Irish Prison Service appointed Jacobs Engineering Ireland to carry out the environmental impact assessment; full copies of this are available in the Oireachtas Library. On 29 February 2008 public notice was given of the proposed prison development, copies of the EIA and visual representations of the proposed 6 o’clock development were made available to the public and observations and submissions were invited. The Prisons Act 2007 provides for a six-week consultation period which ended at midnight of 11 April 2008. The rapporteur received 130 submissions and has produced his report which has been published. The purpose of the report of the rapporteur is to identify those who have made submissions, identify the main issues raised and to provide a summary of the submissions and observations received. There is no provision for the rapporteur to comment on the validity or otherwise of submissions made nor is there any provision for him to make any recommendations. My predecessor and I have had regard to the environmental impact assessment and the report of the rapporteur in proposing the resolution now before the House. The EIA already had identified a significant number of measures to mitigate the impact of the development on the environment and further mitigation measures are now proposed in the context of the resolution to address concerns raised during the public consultation process. To facilitate the Houses of the Oireachtas in their consideration of the matter, the Minister must lay before the Houses: a document stating the location, purpose and size of the development, its land use requirements and an estimate of any residues and emissions expected; an environmental impact assessment; visual representations of the exterior of the development; and the report of the rapporteur. In addition, the Minister may also lay a document containing his observations on any of the above documents. While much of this information, in particular the EIA, has been available to Members of the House since the end of February, all the documentation mentioned was formally laid before both Houses on 14 May 2008. As well as the report of the rapporteur, an electronic copy of all the submissions received has also been made available in the Library for the convenience of any Member who wishes to examine the original submissions. I took the opportunity to lay a document setting out my observations pursuant to section 26(3) of the Prisons Act 2007 on the EIA and rapporteur’s report. In particular that document addresses each detailed point raised in the report setting out my observations on it.

Deputy Pat Rabbitte: When was that done?

Deputy Dermot Ahern: It was done quite recently, within the last week or so.

479 Prison Building Programme: 27 May 2008. Motion

[Deputy Dermot Ahern.]

Moving from the background documentation to the proposed resolution, which is to be considered by the joint committee, the resolution is the consent required for the prison development at Thornton Hall to proceed. It is, in layman’s terms, the planning permission for the prison. It follows the format prescribed by section 26 of the Prisons Act 2007, including the requirement to list the main measures taken to avoid, reduce or offset any possible significant adverse effects of the development on the environment. It also details some small but, for some people concerned, potentially significant alterations to the original proposals that I have made in response to concerns expressed during the public consultation process and sets out the conditions that are to be complied with in the construction of the prison. Certain matters of concern raised are also being addressed by the Irish Prison Service in the good neighbour mission statement and operational implementation plan, and a draft has been prepared and will be finalised in consultation with local interests. Before turning to the details of the issues being addressed, I repeat that while the resolution is the planning permission, it must still be confirmed by an Act of the Oireachtas before it takes effect. If the necessary resolution is passed, I will introduce a two section Bill to confirm that resolution and give it statutory effect. Prisons by and large do not have significant adverse impact on the general environment. At one stage there was a view that a prison development fell completely outside that category of development that would require an environmental impact assessment. The Prisons Act 2007, however, takes a much more proactive approach and requires an EIA in the case of every prison development that falls within the scope of that Act. Any large scale development, whether it be a prison or housing estate, will affect those living in the immediate proximity of the site and, therefore, some impact is likely. It is clear from the EIA that the overall environmental impact is not significant from a national or regional perspective, but it is also true that a number of individual residents, particularly those adjoining the main site, will be affected. Considerable efforts have been made to minimise and mitigate the impact of the development on them. For example, there is extensive use of tree screening and except for one building — the control centre — all the buildings are of two stories or less. The EIA goes into considerable detail on the mitigation measures proposed to minimise impact both during the construction and operational phase. Notwithstanding that, the public consultation process and the rapporteur’s report identified very specific concerns and further measures are being taken to address those concerns. The small numbers of people living in the immediate proximity of the prison are affected and further alterations are proposed in the resolution to mitigate the effect on them. In particular, the existing planting area which is 10 m in depth and runs around the outer boundary will be increased in key areas by extending it by another 4 m to 10 m in depth and planting a number of mature trees to greatly enhance the screening effect for those residencies adjoining the main site. Mature trees will provide immediate greater height and greenery to screen the perimeter wall. This will require the main security wall to be moved further back from the boundary in some areas. In addition, 3 m timber fencing will be installed around the car parks on the west side of the site, the parking level will be lowered and light fixtures will be kept below the height of the fence to ensure that the noise and light impact on adjoining residences is minimised. Visually conditioned concrete will also be used on the sections of the wall most visible to the public. From the outset, the major concern of the local residents has related to the possible use of the R130, a secondary route, as the main access route to the new development. The relevant section of the R130 is a straight stretch of approximately 1.5 km in length. It passes by a

480 Prison Building Programme: 27 May 2008. Motion local national school. While technically the R130 would support the traffic required for the development, concerns were expressed about the implications for the safety of children. Recog- nising that these concerns were strongly held and in an effort to minimise the impact of the development on the local community, additional lands were purchased to allow a dedicated access road to be provided running from the former N2 main road direct to the main facility. It had been intended to use the R130 in the very initial phase to allow this new access route to be completed as quickly as possible. Once the new access route had been constructed complete with an underpass, all traffic to the development would use it and there would be no need to avail of the R130. In the light of submissions received by the rapporteur, it is now proposed that the construction of this new access route should be prioritised and that no heavy construction vehicles will be allowed to use the R130 through Coolquay even during the construction of this new access route. This is in recognition of the fact that there were genuine concerns locally about heavy construction traffic passing a school even if it was only for a limited period. Some concerns were also expressed about certain emergency exits being used by service and delivery vehicles and this is being addressed in the draft resolution by ensuring that the emergency exits will never be used for deliveries or service vehicles. The resolution includes a number of conditions. The first is a statement that the development to be constructed must be as described in the EIA and planning notice. As I have already mentioned, a major concern was the use of roads and the resolution imposes conditions requiring the new access route to be constructed first and makes it clear that heavy construction, delivery or removal vehicles must use the new access route and not the existing R130. The perimeter wall is in itself an important mitigating feature, reducing the effect of noise and dust on those living in the area. Therefore, while general construction work will begin, it is intended that the construction of the perimeter wall will be one of the first priorities. The resolution also requires that a construction environmental management plan must be drawn up by the primary contractor before construction work begins and it must address the mitigation measures already identified in the EIA. While not directly relevant to the issue of development consent for the prison complex, I mention the question of a new Garda station for the area and the position regarding the Central Mental Hospital. A new Garda station is to be provided for the area. The Garda Commissioner has agreed that its construction will be given priority. The new Garda station will serve the local community and will be accessible to the public from the existing R130 road rather than through the prison site. As well as providing added local security, it will deal with any criminal offences committed within the prison complex. The construction of the Garda station is not covered by this development consent procedure and will be subject to the normal process set out in Part 9 of the 2001 regulations. From the maps and drawing, Members will note that approximately 20 acres of the original Thornton Hall site have been excluded from the proposed prison development and have been reserved as a possible site for the construction of a new Central Mental Hospital. That project is a matter for the HSE and the Department of Health and Children. The resolution on the prison development has no effect one way or the other on the future of the Central Mental Hospital. I understand that no concrete plans have as yet been drawn up for a new Central Mental Hospital on this site and that any such proposal will be subject to the normal requirements to obtain planning permission from the local authority. We are in a position today to take a major progressive step forward in improving the prison system. It will not only improve the life of prisoners and prison staff but will ensure we have adequate secure and safe accommodation for the future with a real, tangible hope for improved

481 Prison Building Programme: 27 May 2008. Motion

[Deputy Dermot Ahern.] rehabilitation work with prisoners. Once development consent has been granted we will be in a position to finalise and sign the contract. There has already been a tender competition for a public private partnership to design, finance, build and maintain the prison complex at Thornton Hall. A number of consortia were formed and a preferred bidder has been selected. Negotiations are at advanced stage and the aim is to finalise matters after the decision has been made about development consent. While I have no reason to believe negotiations will not be successfully concluded, I emphasise that I am determined to get the best value for money and if the preferred bidder does not meet the necessary requirements, then other options can be pursued.

Deputy Charles Flanagan: I move amendment No. 1:

In the first paragraph after “in the County of Fingal” to insert the following:

“— that, to ensure the safety of prisoners and staff or the Irish Prison Service, there is an urgent need to improve the quality of certain prison accommodation in Ireland;

— that, recognising the existence of a new women’s prison, Do´ chas, the need for women to be held in a completely separate facility from men and held within easy access of visiting families and children to ensure community and generational continuity and support, women shall not be held in the facility at Thornton Hall;

— that the facility at Thornton Hall will never be used to house persons under 18 years of age;

— that the facility at Thornton Hall will never be used to house persons seeking asylum or protection from persecution;

— that no part of the facility at Thornton Hall shall constitute an ‘approved centre’ for involuntary admission of persons suffering from a disorder under the Mental Health Act 2001;

— that the facility at Thornton Hall have visiting hours at weekends and in the evening of specified weekdays so as to allow maximum opportunity for visitation by families to persons detained at the facility at Thornton Hall;

— that the facility at Thornton Hall shall be serviced by a frequent and low-cost public transport service at all visiting times which must service the transport hub of Busa´ras and Connolly Station;

— that prison policy in Ireland be informed by a rehabilitative agenda which incorporates education, training, psychological assistance and drug detoxification as its core principles;

— that every prisoner at the facility at Thornton Hall shall have an Integrated Sentence Management programme designed for him, with particular emphasis placed on reintegration into the community at the end of their sentence to include provision of short term accommodation;

— that every prisoner at the facility at Thornton Hall have access to comprehensive education and vocational training, with particular emphasis on literacy development for any prisoner; and

482 Prison Building Programme: 27 May 2008. Motion

— that every prisoner at the facility at Thornton Hall who suffers from a drug addiction have access to a comprehensive drug detoxification programme.”.

We are debating an important motion on the proposed new prison complex at Thornton Hall in north county Dublin, but the debate we should have at this stage is one about the future direction of our prisons system. We should ask ourselves a number of questions, not least of which is whether the current system is functioning effectively and whether it represents value for money for the taxpayer. Are Irish prisons successfully rehabilitating criminals or are inmates coming out with the same problems and attitudes they possessed when initially sentenced? The evidence, as derived from numerous reports, including those of the prison inspectorate, prison chaplains and the Council of Europe Committee for the Prevention of Torture, CPT, is that our prison system is utterly dysfunctional. The CPT’s report into Irish prisons, published in October 2007, described a scenario where inter-prisoner violence was rife, fuelled by the widespread availability of illegal drugs and the existence of a gang culture. Three prisons were singled out as being particularly dangerous in this context, Limerick, Mountjoy and St. Patrick’s Institution. The fact that the latter is a facility for young people makes this finding all the more shocking. Figures published last October indicated that more than 770 prisoners were under protective custody for their own safety in prisons nationwide, out of a total prison population of fewer than 3,500. In the meantime, in 2007 an average of one prisoner per month died while in custody as a result of drug overdoses, murder or natural causes. Our prisons are seriously overcrowded. Why is this the case? Part of the answer is that the Government has failed to progress measures, such as the Fines Bill — recently on the Order Paper — which aims to prevent people from being routinely imprisoned for defaulting on fines. We have not yet had the opportunity to debate the Fines Bill, much less enact it. In Ireland being imprisoned is no obstacle to continuing to run a drugs empire from within. It may be somewhat inconvenient, but mobile phones help gang members and leaders to carry on their business almost as normal. A number of mobile phones have been seized in prison searches, but the Government has yet to commit to the installation of mobile phone inhibitors across all our prisons. I would like the Minister to explain what is holding him back from taking this urgent and important step. The drip feed of information into the public arena in respect of what prison searches have uncovered has confused the taxpayer somewhat. After all, it is the taxpayer that foots the bill for Irish prisons. A year ago, a prison search in my local prison in Portlaoise uncovered an array of objects that included 17 phones, drugs, syringes, home-made alcohol, plasma TV sets, DVD players and two budgies. With regard to the plasma TVs, a spokesman for the Irish Prison Service stated: “Electrical goods that were bought by the prisoners were allowed in [but] it was felt that type of concession shouldn’t have been allowed to the extent that it was.” These events conjure up the image of an incoherent prison policy where it is not clear what rights and privileges inmates should or should not be permitted to enjoy. Far more serious than the availability of plasma TVs in our prisons is the widespread availability of drugs. In their most recent annual report the prison chaplains state: “The misuse of drugs continues to be a major problem in most of our prisons. Many people will in fact have been introduced to drugs initially while they were in prison.” It is a shocking indictment on our prison system that people who enter the prison system without a drug problem can acquire one during the time they are in prison. The chaplains further point to the fact that drug offences are the reason many are incarcerated in the first instance. In this context, the limited and ad hoc availability of drug treatment

483 Prison Building Programme: 27 May 2008. Motion

[Deputy Charles Flanagan.] programmes within prisons is nothing short of a national disgrace. Currently, only nine prisoners at a time can avail of the special six-week addiction treatment programme in Mountjoy. Prisoners seeking drug-free landings to help combat their addictions are denied the facility due to chronic overcrowding. Mountjoy, with a capacity of 920 to 930, currently has between 980 and 990 prisoners. The Minister had the gall to inform this House last month: “With regard to demand elimination and treatment for prisoners with drug problems, the policy and strategy provides for a comprehensive range of treatment options.” The pathetic reality is that our prison drugs policy is and has been an abject failure. The Government is not just failing the prisoner, it is failing society. A prison system that takes a non-addict in off the streets and returns a drug addict to the same streets is, simply, shameful. One could argue that in our prison system the chickens have come home to roost. The Government’s failure to comprehensively tackle the importation of drugs into the State provides some of the inmates with career opportunities and entraps more of the inmates into a spiral of crime and addiction. We currently have one X-ray scanner to cover all of our ports and one patrol vessel to guard our entire coastline, with one more of each promised. I would like to know what type of cost-benefit analysis, if any, informed the decision not to provide a scanner for every port, given the impressive success rate of the lone scanner to date. The consequences of the failure to invest adequately in our education system or to tackle educational disadvantage and truancy through comprehensive programmes are visible inside our prisons, where 50% of young offenders in St. Patrick’s Institution are illiterate, rising to 65% for the adult prisoner population. These figures starkly illustrate the link between educational disadvantage and crime. Does our prison system address these factors? Does it provide a comprehensive literacy, education and training programme for prisoners? The answer, unsurprisingly, is “no”. Prog- rammes are ad hoc and likely to be cut short or abolished at the whim of the appropriate Minister. Programmes such as the CONNET project disappear without a trace. Integrated sentence management is still available, but only to the few. The probation service is scandal- ously under-resourced, with provision likely to be further squeezed as our economy goes into decline. As the Minister opposite me said, “There is not a red cent in the coffers”. In his last report before his death, the Inspector of Prisons and Places of Detention, Mr. Justice Kinlen, stated that the Irish prison system was dysfunctional and lacking in educational, psychiatric and rehabilitation services. This is a damning indictment by a man who had spent several years closely examining prisons across the State. This leads to the question of the net result of all this dysfunction. The answer is provided by the shocking rate of recidivism. The latest figures show that 50% of prisoners re-offend within four years of their release, while 27% find themselves back behind bars within a year. The duty of Government is to protect and uphold the common good. It is failing spectacularly to do so in respect of its approach to prisons. Criminals are taken off the streets for a short period of time, but this time is too short in many cases, particularly in respect of an Irish life sentence, which equates to 13 years. Offenders are released back into society without rehabilitation, leading to a staggeringly large proportion of them reoffending and being re-incarcerated within a short period. This is not an issue of public safety alone, although clearly public safety is the key issue. In an era when the Government is happy to close hospital beds and take teachers away from schools, the taxpayers of Ireland are spending almost \100,000 per prisoner per annum to maintain a revolving door prison system. Is this value for money? Is it fair to the taxpayer? A

484 Prison Building Programme: 27 May 2008. Motion defining feature of successive Fianna Fa´il Governments is the willingness to spend other people’s money without a second thought. Ministers frequently boast about spending “their money” as if the Exchequer was a personal account, rather than taxpayers’ money to be used for the purposes of careful investment in crucial services. This disregard for prudent spending is abundantly obvious in regard to the purchase of land at Thornton Hall. The Comptroller and Auditor General found that the site purchased at Thornton Hall was 50% bigger than the size of the site originally sought; the Department did not seek professional advice on the potential impact that advertising its interest in acquiring land would have on the price that it would likely have to pay; the OPW failed to adhere to the rules in regard to procurement of professional services; the Department failed to consider cost per acre in its evaluation process; and, the State twice ended up negotiating a sale with a single vendor with no effective degree of competition, thereby weakening hand of the State as a negotiator. Most damming of all, the State failed to secure value for money, paying way above the market value of agricultural land in the area at a cost of \200,000 per acre, leaving the taxpayer with a total bill of \40 million. The Thornton Hall project has been characterised by ineptitude from its earliest days. The idea of a new, modern prison which could address the manifold shortcomings of existing prisons is a sound one, but, as usual, the Government has taken a good idea and sought to replace the positive aspects with a host of negatives. The Minister plans to demolish Do´ chas, the women’s prison, considered one of the few modern and effective prisons in the State, notwithstanding the need for more space. Do´ chas was built ten years ago at a cost of \30 million, but now the Minister proposes to demolish it and relocate to Thornton Hall. He proposes to accommodate young offenders at Thornton Hall, a breach of international law and human rights. He promises this will be a temporary measure, yet how can anybody trust this promise? He proposes to criminalise the mentally ill by moving the Central Mental Hospital to Thornton Hall. This is despite the likely brain-drain that such a move would precipitate given the reluctance of expert staff to relocate and the assessment by independent economists that it would be more effective to redevelop the Dundrum campus. The Government proposes to detain asylum seekers at Thornton Hall in direct opposition to international best practice. If ever a Government was capable of turning a potential positive into a resounding negative it is this one. Fine Gael believes it is not acceptable to turn Thornton Hall into a super-sized crime academy where prisoners are locked away with no effort made to persuade them away from a life of crime. Instead Thornton Hall must be part of a new approach to prisoners characterised by a focus on rehabilitating serious criminals. The new prison must not become somewhere where current dysfunctional trends are permitted to magnify. Fine Gael proposes every prisoner has access to vocational training, psychological assistance, drug detoxification programmes and education. They must also have a dedicated management programme to re-integrate them into the community. Thornton Hall should focus on the most serious offenders — the murderers, gangland criminals, rapists and violent burglars. The last any reasonable person wants is for expensive prison spaces to be taken up by minor offenders or debt defaulters who should not be in prison at all. I am calling on the Minister to reject plans to place women, juvenile offenders, asylum seekers or those with mental health problems at Thornton Hall. They have no place in a facility designed for serious offenders.

485 Prison Building Programme: 27 May 2008. Motion

[Deputy Charles Flanagan.]

Thornton Hall presents the Government with an opportunity to critically evaluate its prison policy. Years of turning a deaf ear to the reports of the Inspector of Prisons and Places of Detention, the prison chaplains and the Council of Europe has compounded failures. It is time the Government faced up to its mistakes and set about comprehensively addressing them. It is important the Government does not allow an opportunity pass to address a prison policy that has so long been characterised by failure. The Minister owes it to the people to deliver an effective and rehabilitative prison programme. It has been some time since we have had a debate on prison policy in the House. I hope the Minister will take on board the sound proposals in amendment No.1 to the motion. There will also be an opportunity at the justice committee to hear the Minister’s proposals and the local community’s concerns. The Minister will have an opportunity to deal with the various recommendations from domestic and international reports on our prison system. Prison must be a place where serious offenders are detained and their liberty removed. It must provide an opportunity to treat, educate and rehabilitate in accordance with human rights concerns and international best practice.

Deputy Pat Rabbitte: I wish to share time with Deputy Burton.

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

Deputy Pat Rabbitte: This motion would be regarded in any functioning democracy as a hugely controversial one. It is not controversial because it facilitates the closure of the unsuitable, out-of-date prison environment at Mountjoy and the creation of more appropriate prison places elsewhere. That central proposition is not contested. The motion is immensely controversial for several reasons. When passed by both Houses, it will authorise the construction of the largest, most expensive prison in the history of the State at a manifestly unsuitable location. The manner of purchase of this site was unorthodox, unwise and did not comply with established procedures. The cost of the site at Kilsallaghan at \200,000 per acre exceeded the variable cost of land in the area by a factor of between 2 and 5. The community at Kilsallaghan is not an appropriate location for a prison. The international trend is away from large scale prisons. There is little evidence of a more enlightened or imaginative penal policy informing the largest decision in prison provision since the foundation of the State. There are two further reasons this motion the Da´il is being asked to endorse is controversial. First, the developer who is the preferred bidder under the public private partnership arrangement to deliver the new prison is the same developer who last week withdrew from a similar arrangement with Dublin City Council to build five different housing developments. Second, it is Government policy to relocate the Central Mental Hospital from Dundrum to Thornton Hall, although the wisdom of such a decision is vehemently contested by expert opinion. The value for money issue is decided. The horse has bolted and the taxpayer has been taken for a king’s ransom. Taking the most modest calculation — that of the Comptroller and Auditor General — it seems the State has paid twice the market value of the land. Put simply, it would appear that having failed to purchase their desired site, the Minister and his agents let it be known they were in the market for a site that might be purchased for up to \30 million. Not surprisingly, they were offered a farm precisely for that amount — 150 acres at Kilsallaghan — even though the instructions to the Office of Public Works were for 80 acres. The fear now is that having acquired 150 acres, the Government must be seen to attempt to develop it. The prospect of moving the women’s prison and the Central Mental Hospital to

486 Prison Building Programme: 27 May 2008. Motion

Thornton Hall, therefore, is held out as the medium-term plan. The Office of Public Works had advised that it would be best to proceed confidentially. Once it became known the State was the client the price it argued would inevitably go up. That advice was ignored. Although Departments must comply with EU procurement directives in acquiring professional services and consultants, that was not done here nor was there a formal contract. There was no competitive tendering for professional services. There was no consistency in the evaluation of the site. As the Comptroller and Auditor General summarised in his 2005 report:

There are a number of respects in which the marks awarded by the site selection committee appear to be inconsistent ... One site got a significantly lower mark than two others in respect of availability of site services, even though the consultants estimated that the cost of provision of water, sewerage and energy services would be higher at the other sites.

There may be compelling reasons the site was identified and purchased in this unorthodox manner but if there are they have not been put into the public domain. It is not difficult to imagine that the purchase of a site for a prison is not exactly a straightforward undertaking. However, one is left with the impression that, at the height of the boom, the sky was the limit, the taxpayer could afford to pay and a deal was sealed that for whatever reason bordered on the reckless. There is a certain irony in the fact that the man who sat atop this squandering of taxpayers’ money was the very man who devoted a large part of his political life to lecturing the rest of us on public spending. It has never been properly explained how he became mired in this decision, one of the most foolhardy purchases in the history of the State. How did he become suckered into it and what kind of Cabinet allowed itself to sanction it? It seems now that in order to put the redundant acres to some use, both the women’s prison and, temporarily, places for youth detention, but most seriously of all, the Central Mental Hospital, will be transferred to Kilsallaghan. People concerned with the most successful innovations at Do´ chas, the women’s prison, believe that the proposed transfer is most unwise and profoundly mistaken in policy terms. People concerned with the Central Mental Hospital today published a well argued report entitled, Patients Not Prisoners, exposing why it is wholly undesirable to uproot such a hospital from its long established communal setting in Dundrum and juxtapose it with a prison in such an isolated setting. The decision to railroad through such a large scale traditional development for the incarceration of prisoners at such an unsuitable location raises the major question as to what extent, if at all, has this massive, new, expensive prison decision been informed by modern thinking in terms of penal policy. In a recent paper by Paul O’Mahony, the author elaborates on his assertion that our prisons have played a key role in developing a flourishing drugs environment throughout the country. It is estimated that 75% of prisoners have an addiction to drugs or alcohol or both. Mountjoy prison, it can reasonably be said, is the largest drugs treatment centre in the country. However, it cannot reasonably be argued that it is equipped to deal with that challenge. The annual report of the Irish Prison Service for 2005 shows that 40% of people sentenced to imprisonment received sentences of three months or less; eight out of every ten people sentenced were given terms of less than 12 months. Most prison sentences that year were for crime at the lower end of the scale of gravity and 85% were for non-violent offences. In short, for every ten prisoners serving a sentence for a headline crime such as murder, manslaughter and sexual offences, there are 12 in prison for property crimes without violence. Would it not be more appropriate for the Government and the prison authorities to focus on how the number of prison places might be reduced, and how to extend the use of alternative penalties as a more effective response to those who come before the courts? Should the Government not be focus-

487 Prison Building Programme: 27 May 2008. Motion

[Deputy Pat Rabbitte.] ing on how to wean as many prisoners as possible off the drugs habit rather than fulminating about a drugs-free prison environment that everyone knows is only hot air? Ought the Govern- ment not concentrate on how to keep young people out of a prison environment and estranged from the prison mentality? In so far as some provision for the detention of women prisoners is unavoidable, does the Government not agree that the necessary supports should be available to Do´ chas to continue to develop along present lines, where it is, as distinct from being housed within the confines of a predominantly male prison? I invite the Minister to respond to what the rapporteur records in his report at paragraph 9.4:

The relocation of the Do´ chas Centre is a backward step. The retention of it at its current location must be given further consideration. There appears no purposeful reason for the relocation of both this centre and the Training Unit other than to maximise the revenue realised from a sale of the full Mountjoy site.

This is the opinion of a man who has not committed himself too much in the report. If, as reported, it costs the taxpayer of the order of \100,000 per prisoner per annum , surely even in financial terms alone there is a strong argument to rethink our traditional approach. The latest figures suggests that the average number of prisoners held in Mountjoy is 860. We are being asked essentially to consider a planning proposal that could accommodate up to 2,200 prisoners. The proposed configuration of confinement arrangements at Thornton Hall in terms of penal reform gives rise to many questions. These questions cannot be teased out here but are more appropriate to the joint committee on Justice, Equality, Defence and Women’s Rights. The legislative workload on the select committee is disproportionately severe but the joint committee — which has a less onerous workload — ought to give audience to certain interested organisations and persons who have substantial points to make in the period before the Houses of the Oireachtas approve the proposal before us. I have a communication from a Member of the other House, Senator Joe O’Toole, suggesting that the joint committee would make arrangements to hear submissions from interested parties. In conclusion, Mountjoy is unsuitable to continue as a prison. Although 1,000 new prison places have been provided in the past decade it is perhaps inevitable that the extent of violent crime in our society will make more places necessary. However, Kilsallaghan is a costly folly on the taxpayer and an unwelcome imposition on a community ill suited to cope with such a development.

Deputy Joan Burton: I am extremely disappointed that the Green Party has failed to be present in the Chamber. I recall the public representative for Thornton, the current Minister for vegetables, making the most extreme promises to the various public meetings which were held by local residents and I recall Green Party candidates doing the same at that time. The Green Party manifesto declared that, “ the Green Party will abolish plans to relocate Mountjoy to Thornton Hall and instead review options to refurbish and extend the present buildings”. It is cowardly of the Minister of State, Deputy Trevor Sargent, not to be present in the Chamber to account for his complete U-turn and his ignoring of the obligations which he entered into, I assume with some honour, at the various public meetings in the run-up to the general election. This proposal reflects the boom years of the Celtic tiger when the obsession of the previous Taoiseach, Deputy Bertie Ahern, was with property speculation and the facilitation of that golden circle that seemed in those days to continuously surround Fianna Fa´il. I have no doubt that the current move to bring forward this proposal at this time is very much linked to the recent stories about the preferred financial bidder, the developer who has walked away from three to five regeneration PPPs in Dublin city, three of which, I understand, have been subject

488 Prison Building Programme: 27 May 2008. Motion to some kind of contract and two are to be subject to a preferred bidder status, as in this case. The Minister has a question to answer as to whether the preferred bidder status stands in the context of this developer walking away from commitments of up to \1.5 billion in Dublin city. Is the Government seeking to shore up the status of this particular developer by bringing forward and assuring his status with regard to this development? The decision to locate the women’s prison — one of the few bright lights in penal reform — on this site, is a disgrace. It is an insult to the successive women Deputies on all sides of the House who fought for penal reform with respect to women in prison and got it during the years of the Rainbow coalition Government, manifested in the Do´ chas women’s prison at the Mountjoy site, Do´ chas being the Irish word for “hope”. The proposal to bring the Central Mental Hospital out to Thornton is particularly wrong. People in this hospital are patients rather than prisoners, although in some cases they have done horrific things and probably will have to remain in custody for the rest of their lives. This is regressive policy implementation at its very worst. We are now in changed financial circumstances. The economics of this prison development no longer stand up. The Minister previously talked about being concerned by red cents, but he now has an opportunity to reconsider this grandiose, overblown and overpriced proposal. It is not in the interests of the financial future of this country. Neither is it in the interests of the rehabilitation of those who have committed crimes and their eventual re-entry into society.

Deputy Michael D’Arcy: I wish to share time with Deputy Carey.

An Ceann Comhairle: Is that agreed? Agreed. The Deputy has five minutes.

Deputy Michael D’Arcy: On a number of occasions, I had the opportunity to visit Mountjoy with community school students who were studying in transition year. The prison officers used to ask if we would like the rough or smooth version of the tour, but there was only a rough version. On that basis, therefore, I welcome the principle of new prison facilities for inmates. I agree with previous speakers who referred to the Do´ chas women’s facility. There was some hope there and whoever named it, did so appropriately. However, it would be a retrograde step to relocate that prison to Thornton Hall. A new planning permission process has been used for the development of this facility. Local people will have an opportunity to make observations but unfortunately, as with other State developments, they tend to be just that — observations and nothing else. It is a token gesture for local people whose lives will certainly be changed when a quiet backwater will accommodate up to 2,200 inmates on that site, along with a Garda station and other developments. The synergy of that area will never be the same again. The Minister should take the observations of local residents on board. A development of that size should not proceed without their views being considered. The cost of the site has been mentioned at \40 million for 150 plus acres. Speaking as a farmer, it is cracked; nobody in their right mind would ever consider paying that price for that amount of land. As regards the PPP, the McNamara group has not been named but I am naming it now. It has attempted to withdraw from \900-million worth of PPP housing contracts with local authorities in Dublin city. I question how somebody is attempting to take the opportunity to withdraw from a housing PPP worth \900 million and then becomes the preferred bidder for Thornton Hall. I wonder if there is a penalty for that. Can he just walk away with impunity or take his risk with the courts? Perhaps the State will not pursue those PPP contracts. It is a crazy scenario whereby somebody can say: “There’s a bit of a risk there guys. I’m not that

489 Prison Building Programme: 27 May 2008. Motion

[Deputy Michael D’Arcy.] interested, but I’ll go with the Thornton Hall deal because the risk is much lower as the State will be paying me.” The PPP deals are certainly a cash crop for developers who get paid every month for costings, professional fees, maintenance and their margin. When one consults the record of the McNamara group in recent years, one can see that it has won five of seven PPP housing deals. He has been hugely successful in other projects throughout the State in recent years. There is a perception that if McNamara is in for this — in particular where there is a low risk — he will get it. We need to scrutinise and analyse how one person can be hugely successful in those matters. As regards any version of the Tallaght strategy for the prison service, Fine Gael is willing to accommodate the proposed prison services if our amendments are considered on Committee Stage. In such a case, we would be in favour of these new prison places. However, women and minors should not be relocated on this site under any circumstances.

An Ceann Comhairle: The Deputy’s time has expired. I call Deputy Carey who has five minutes.

Deputy Joe Carey: I refer to the juvenile justice aspect of this motion. As part of the Mountjoy complex, St. Patrick’s Institution, which deals with 16 to 21 year old offenders, is to close when Thornton Hall prison is completed. The Government has also decided to develop new children’s detention facilities on a State-owned site at Oberstown, Lusk, County Dublin. The fact that we are at a relatively advanced stage in the development of Thornton Hall, with little or no progress in the development of facilities for 16 to 18 year olds, indicates to me that the Minister will have a significant problem on his hands by 2011. This is because the State will not have appropriate space to deal with that age group. This very real scenario will be in direct contravention not only of the Children Act 2001, which stipulates that all children who are detained must be kept in suitable detention centres, but also of the UN Convention on the Rights of the Child. The Government has no integrated plan to deal with the separation of juveniles from adults once St. Patrick’s Institution is closed. In answer to a recent parliamentary question I tabled, the previous Minister, Deputy Brian Lenihan, said “In the interim, 16 and 17 year old boys may continue to be detained in St. Patrick’s Institution”. He also referred to “those who will continue to be held there pending the new development at Lusk”. This reply seems vague and displays a non-committal attitude to the issue of developing appropriate facilities for juveniles. The previous Minister also stated that “The development at Lusk, which is a children detention school model and not a prison, will require careful planning and consultation”. The term “careful planning and consultation” would again indicate that the Government is way behind in developing the juvenile facility. Furthermore, the previous Minister practically admitted that Thornton Hall will be used for juvenile offenders when he said: “Should it be required when the Mountjoy complex is closed, interim accommodation for 16 and 17 year old boys, segregated from adults, will be provided on the Thornton Hall campus, pending the provision of children detention school facilities. On completion of the detention school development project in Lusk, all children under 18 years of age being detained will only be accommodated in dedicated children facilities.” I note that in his earlier speech to the House, the new Minister confirmed that children will be accommodated in the Thornton Hall facility. This situation is totally unacceptable and is in breach of the Children Act 2001. The Government appears incapable of planning for the future of such juveniles. The Minister has an opportunity to develop appropriate juvenile facilities for this century, as part of an overall integrated detention school and prison package. However,

490 Prison Building Programme: 27 May 2008. Motion he continues to run the risk of placing juveniles on the same campus as more mature prisoners, thereby failing to break the cycle that has continued for generations. The Minister should give a clear indication of how he proposes to proceed with the development of facilities for juveniles. He should outline a specific timeframe for the Lusk project. He should also tell this house how he will fast-track the juvenile detention centre at Lusk so it can be delivered in parallel with the Thornton Hall project. There is a distinct possibility that the continued pursuit of the Thornton Hall prison without integrating the plan for a specific juvenile detention centre and its associated rehabilitative measures such as education, training and restorative justice will perpetuate the mistakes that have been made. The Minister cannot think that merely creating a super prison will cure all ills. We have a stack of reports such as the 20 year old Whitaker report, the 1994 report on the management of offenders and the 2002 report on the reintegration of prisoners by the National Economic and Social Forum all pointing out the same things. We in Fine Gael say it is time the Minister dealt with this problem and put the necessary measures in place to prevent the housing of juvenile offenders with adult prisoners in Thornton Hall.

Deputy John Deasy: I will speak about the judicial process by which individuals end up in places such as Mountjoy and, possibly, Thornton Hall. I will speak specifically about mandatory sentences for the possession and sale of certain amounts of drugs and the impact the most recent Criminal Justice Act 2007 has had and how it is viewed by the Judiciary. I have corre- sponded extensively with the Department of Justice, Equality and Law Reform and the Courts Service and have come to the conclusion that no one, either in the Oireachtas, the Department or in the Courts Service, is aware whether the Judiciary is abiding by the guidelines set down by the Oireachtas in this House in 2007. I do not believe the Courts Service is active in getting that information. Given the effect of the illegal drugs trade on society I would consider that reasonably important information that needs to be gathered and assessed by this House. Considering the mandatory drug provisions of the Criminal Justice Act 2007 are a rewrite of the impotent provisions included in the Criminal Justice Act 1999, it is time to determine whether the Judiciary is taking the views of the Legislature seriously enough. If the answer is that the Judiciary is not abiding by the new guidelines, it is time to consider the issue of its discretionary powers. In regard to the possession of large amounts of drugs and the sentences being handed down, the sentencing regime is not having a substantial impact on the overall levels of importation of drugs and on the general drug culture. This is after much hard talk from the benches opposite in 2006 and 2007. In April 2008 I received a response from the Courts Service on this issue. It said that the number of people who received the mandatory ten-year minimum sentence for misuse of drugs under Part 5 of the 2007 Act is 22 but it added that part of the sentence was suspended in 12 of these cases due to exceptional and specific circumstances. I wrote again asking the Courts Service to specify the reasons a suspended sentence was handed down in those 12 cases. On one hand, it said the courts have full discretion. It was made clear that there is clear and detailed legislative language the Judiciary need to act within and take account of. It appears to me that every one of these court cases needs to be analysed to determine whether the Judiciary is acting in accordance with the legislation and within the guidelines set down. If the Judiciary is not acting in accordance with the legislation it is time for the House to consider the Judiciary’s discretionary powers in the matter of mandatory sentences for the possession of drugs.

491 Prison Building Programme: 27 May 2008. Motion

[Deputy John Deasy.]

We in this House have a serious role to play in the area of illegal drugs which revolves around sentencing. At the very least, we need to determine on an active and regular basis, whether the legislation that purports to act as the main deterrent to drug importation, traffick- ing, and the sale and supply of drugs is working. As it stands, the Government agency tasked with determining whether the legislation in question is being acted upon is not capable of answering the most basic questions regarding the implementation of such a pivotal Act and its provisions. This is an issue about which the House should be concerned.

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I thank Members for their comments. Any criticisms they made were in regard to the prior system which revolved around Mountjoy, a prison built in the 1850s where it is impossible to run a 21st century prison service that is fair to everyone, not just staff, but prisoners and families. It is impossible to run that type of service from Mountjoy prison. The whole reason for the new prison is to try to relieve some of the pressure in the Dublin area. Part of that will address the issue of dealing with young male offenders who, hopefully, can be located in Wheatfield which has the proper facilities for that age group. In regard to the under 18 age group, it is expected the facilities at Oberstown will be available long before the new Thornton Hall prison will be put in place. It is impossible to run a prison service from a prison such as Mountjoy, which was built so long ago and has been added to, in the context of trying to rehabilitate prisoners, proper security and ensuring that items such as drugs are not thrown over walls and so on. That is one of the reasons for a brand new prison. Do´ chas is probably the most overcrowded centre in the country. A judgment had to be made. It makes no sense from an economic or practical point of view to continue with Do´ chas and build a second prison to house the overflow of female prisoners. I wish to clear up facts in regard to some comments made about the probation service. There has been massive investment in the probation service. During the past two years alone, there has been a 30% increase in staffing in the probation service. The design of Thornton Hall will take full advantage of all the best lessons that have been learned from the Do´ chas centre. It will have single occupancy domestic style accommodation based around courtyards. It will have three separate sections in order that, for example, women on remand can be kept separate from sentenced prisoners. Also at Thornton, women prisoners will be further away from male prisoners than at present in the Mountjoy complex——

Deputy Joan Burton: Where will their children be?

Deputy Dermot Ahern: ——and can be completely segregated from male prisoners.

Deputy Joan Burton: How will they get out to Thornton Hall?

Deputy Dermot Ahern: The prison building programme will deliver approximately 450 additional spaces by 2009. This will address the capacity until the planned facilities at Thornton and Kilworth become available. I could give details but, perhaps, I will do that on Committee Stage. In regard to the PPP arrangement, some Members have likened it to the PPP arrangement for the regeneration of Dublin City centre and that involving Dublin City Council. It is a different type of PPP arrangement. McNamara and Company is just one element of the consortium selected as the preferred bidder. Nothing has been said to me that would suggest that consortium will not be in a position to go ahead once the development consent has been given.

492 Pupil-Teacher Ratio: 27 May 2008. Motion

Deputy Pat Rabbitte: Where are the other elements?

Deputy Dermot Ahern: The procedure to select the site for the new provision has been an open and transparent process and the matter was fully examined by the Comptroller and Auditor General.

Deputy Pat Rabbitte: Where are the other elements?

Deputy Dermot Ahern: The technology to inhibit the use of mobile phones is currently nearing completion in the midlands prison. It will then be evaluated and rolled-out across the prison estate. Prison numbers in the State have increased. At one stage the numbers were artificially low because of the revolving door mechanism. This Government and 7 o’clock previous Governments, of which I have been a member, have endeavoured to ensure we do not have a revolving door mechanism. What was happening was that prisoners were being released to make room for new committals. The number of prisoners has increased because of that and because of longer sentences, particularly life sentences. The sentences being served by life prisoners have been increased to fairly significant levels. The capacity of Thornton Hall is based on the study carried out by the Irish Prison Service on projected prison numbers for the period 2005-13. We need this new development to proceed as quickly as possible if we are to avoid problems of overcrowding. Irrespective of Members’ views, I know they do not want overcrowding in our prisons. I would welcome the support of all sides to allow us to proceed with the development in Thornton Hall.

Debate Adjourned.

Prison Building Programme: Referral to Joint Committee. Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I move:

That the proposal that Daíl E´ ireann approves the development of a prison in the District Electoral Division of Kilsallaghan in the County of Fingal in respect of which copies of documents as specified in section 26(2) of the Prisons Act 2007 (No. 10 of 2007) were laid before Daíl E´ ireann on 14th May, 2008, 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 5th June, 2008, shall send a message to the Daíl in the manner prescribed in Standing Order 87, and Standing Order 86(2) shall accordingly apply.

Question put and agreed to.

Private Members’ Business.

————

Pupil-Teacher Ratio: Motion. Deputy Brian Hayes: I move:

That Da´il Eireann in view of the promise in the Programme for Government 2007 to reduce class sizes, by reducing the staffing schedule from a general rule of at least one teacher for every 27 pupils in 2007-08, by one point a year, to one teacher for every 24 pupils by 2010-11;

493 Pupil-Teacher Ratio: 27 May 2008. Motion

[Deputy Brian Hayes.]

calls on the Government to:

— prevent the following primary schools from losing a teacher for the school year 2008- 09 or any other schools that might be similarly affected:

SN Naomh Pa´draig, Baile Uı´ Mhurchadha, An Bhuirgheas, Co. Cheatharlach

Our Lady of Mercy, Bantry, Co. Cork

SN Bharra Naofa do Bhuachaillı´, Beaumont, Cork City

Christ King Mon, Turners Cross, Cork City

St. Columba’s Boys NS, Douglas, Cork City

Baldoyle BNS, Brookstone Road, Baldoyle, Dublin 13

St. Patrick’s NS, Chapelizod, Dublin 20

Corpus Christi NS, Home Farm Road, Drumcondra, Dublin 9

SN an Spioraid Naoimh, GNS, Sillogue Road, Ballymun, Dublin 11

St. Killian’s Senior NS, Castleview, Tallaght, Dublin 24

Presentation Primary School, Terenure, Dublin 6W

St. Kevin’s Junior NS, Newbrook Ave, Donaghmede, Dublin 13

Scoil Pha´draig Naofa Boys NS, Hollypark, Foxrock, Dublin 18

St. Mary’s Senior NS, Rowlagh, Clondalkin, Dublin 22

Scoil Cholmcille Naofa, Knocklyn, Templeogue, Dublin 16

St. Francis Xavier Senior NS, Coolmine, Castleknock, Dublin 15

St. Patrick’s Girls NS, Foxrock Avenue, Foxrock, Dublin 18

Scoil Mhuire, Killorglin, Co. Kerry

Scoil Eoin, Tralee, Co. Kerry

Aghards NS, Celbridge, Co. Kildare

Mercy Convent Primary School, Naas, Co. Kildare

JFK Memorial School, Ennis Road, Limerick

Muire na nGael NS, Bay Estate, Dundalk, Co. Louth

Oliver Plunkett NS, Navan, Co. Meath

Rathoath Jnr NS, Ratoath, Co. Meath

SN an Spioraid Naoimh, Laytown, Co. Meath

Rathcormack NS, Rathcormack, Co. Sligo

494 Pupil-Teacher Ratio: 27 May 2008. Motion

Scoil na mBra´ithre, Tipperary, Co. Tipperary.

I propose to share time with Deputies Ulick Burke, Deirdre Clune, John Perry, Olivia Mitchell, P. J. Sheehan, Tom Sheahan and Jimmy Deenihan.

An Ceann Comhairle: Is that agreed? Agreed.

Deputy Brian Hayes: The motion is relatively straightforward. It deals with an issue of fundamental importance in education, namely, how we can give our children the best start in their journey through school. It specifically addresses promises made and broken by a Government which treats local school communities as mere pawns on a chess board, there to be used and abused as fodder for the Fianna Fa´il Party at election time. In short, class size matters and the scandal of super-size classes being acceptable in education must become a thing of the past. It matters that six and seven year old children must try to learn in classes of 30 pupils or more, many weaker pupils are being left behind because crowd control is now the order of the day in so many of our schools, Ireland has one of the highest average class sizes in the European Union and this Administration has reneged on a clear commitment that this issue would be addressed in its first three years. Instead of making progress on class size, we have been moving in the opposite direction in recent years. The new Minister for Education and Science, Deputy Batt O’Keeffe, has a golden opportunity to wipe the slate clean and begin delivering on the promises made so forcefully by his party only 12 months ago. He could send out the most positive signal to date on class sizes by agreeing to this motion, the terms of which would prevent the loss of teachers in schools from September only where they would otherwise have kept the teachers had the Government kept its word. Meeting the terms of the motion would not create a significant cost in the context of the Department’s \9.3 billion expenditure allocation for this year. The Minister would give a small sign of goodwill and show flexibility on this issue if he were to accept the motion which would only affect a small number of schools. The schools cited would not lose a teacher if the Govern- ment had kept its word. This is the reality they face. Amending the staffing schedule is possible for the schools in question and would indicate a strong sign of intent on the Minister’s part that he takes seriously the issue of class size and intends to deliver on it during his stay in Marlborough Street. Six years after Fianna Fa´il promised that by 2007 no child of nine years or under would be in a class of 20 or more, at least 200,000 children find themselves in this position. We do not know if this promise still holds. I want the Minister to state unequivocally where he stands on the commitment. Has he dumped the promise made by his party in 2002 or is it still a priority? This is a straight question to which I want him to give a straight answer on the record tonight. All the evidence shows that early intervention and small class sizes, particularly for younger children, make a major difference in terms of giving children the best start in school. While smaller classes are not of themselves the only factor in improved educational outcomes, when allied to school leadership, professional development, learning supports and support for special needs, these factors can make all the difference in the early years. I have been the Fine Gael Party education spokesperson for the past eight months and throughout that time I have not yet met anyone involved in education who can justify how a young child can possibly be given every opportunity in large classes. It is beyond comprehen- sion that in 2008 anyone would claim that seven year old children can get the attention they deserve in classes with as many as 35 children. The motion is important because the Minister

495 Pupil-Teacher Ratio: 27 May 2008. Motion

[Deputy Brian Hayes.] can start a process, albeit in a small way, by sending out a signal that large classes in our primary schools will not be tolerated and will become a thing of the past. The Minister will no doubt point to the new teachers who are being appointed and inform us again of the commitment in the programme for Government to provide 4,000 additional teachers during the lifetime of this Administration. What he will not tell the House is that the vast majority of new teachers appointed will simply go to serve the massive intake of new children entering our primary school system every year. We have more teachers because we have more children coming into the system. Unless a start is made on reducing the staffing schedule, no progress will be made on eliminating large class sizes. The schools referred to in the motion have been the victims of a Soviet-style planning system which the Department of Education and Science describes as the “staffing schedule”. On one day last year — 30 September — the Department asked schools all over the country how many children were on their rolls. In the vast majority of the schools referred to in the motion, last year’s enrolment showed numbers had fallen by one or two on the previous year. This small change has resulted in the loss of a teacher in each of the 28 schools despite the fact that many of them have enrolled more children since 30 September last year. This is a ridiculous way to run a system. Schools which experienced a tiny reduction in their numbers were confident they would not lose a teacher because the programme for Government includes a commitment to reduce the staff schedule. However, the commitment was made before the election when, in typical Fianna Fa´il style, promises were made to be broken. Many Deputies will use this debate to place on record the implications of this broken promise for schools in their constituencies and we make no apologies for doing so. One of the schools listed in the motion is in my constituency of Dublin South-West. The implication for St. Killian’s senior national school, which is in my parish of Kingswood Heights in Tallaght, is that the four current fifth classes will have to be reorganised as three sixth classes, each with 30 pupils. Such a measure would break the Department’s guidelines on maximum class size. Moreover, each of the three classes will contain pupils with special educational needs who need additional one- to-one attention due to their circumstances. The teacher who will be lost to St. Killian’s is currently doing postgraduate work and study in the area of inclusion and special educational needs. This is an example of a real teacher in a real school being let down by the Minister’s stroke politics. During Question Time last week, the Minister suggested his Department’s failure to adhere to the proposed staffing schedule was due to the current economic and budgetary environment and a need for prudent expenditure and fiscal management. However, in light of the already overcrowded conditions in classrooms, significant evidence of chronic under-funding of schools, over-reliance on temporary accommodation, dependence on voluntary contributions from parents, cutbacks in grants for minor works and summer works, excessive waiting lists for special needs assessment and services as well as excessive water charges, the commitment on class sizes is the latest in a long line of promises to be broken by the Government and the current programme for Government is not yet one year old. Now is not the time to make education pay for the economic incompetence of this Administration. Irish class sizes are among the largest in the EU and regarding the OECD — they are just above Korea, Chile, Japan, Turkey, Israel and Brazil. At primary level, the average class size across OECD countries is 22 students per class, while the average in the EU is 20.3. The average primary school class in Ireland comprises 24.3 pupils. We have a long way to go. Since the start of this year I have tried to obtain from the Minister for Education and Science the list of schools that would lose out from this broken promise. I was first told it was about

496 Pupil-Teacher Ratio: 27 May 2008. Motion

50 schools. Having raised the matter as a priority question on 9 April, I was told that information would be sent soon after. As the then Minister, Deputy Hanafin, left the Department by the back door, I finally got the list on 6 May and it contained the names of 40 schools that would lose out. However, when the schools were contacted, only 28 were sure that they had received correspondence from the Department confirming that they would lose a teacher this September. Either some schools still have to be informed by the Minister and his Department or I have deliberately been given misinformation by the Minister. Either way, it represents a shocking indictment of the Minister and his Department, and the way in which schools are routinely treated. Members opposite have a choice to make tonight and tomorrow night. They either support schools in their own areas and the commitments made in the programme for Government or they can face the wrath of those communities. I propose this motion and I submit that this is the way forward and must play a part in education.

Deputy Ulick Burke: I second Deputy Hayes’ motion in the name of the Fine Gael Party and I thank him for sharing time with me. This Private Member’s motion highlights the Govern- ment’s failure to adhere to a commitment in the programme for Government to reduce class size on a year by year basis, eventually ensuring that there will be one teacher for every 24 students by 2011. It remains unclear how many schools and teachers will be affected by this failure. Some 28 schools have declared a loss of teachers, but many others will receive notification of further cuts from the Department in the next couple of months. The new Minister for Education and Science, Deputy Batt O’Keeffe, has suggested that his Department’s failure to adhere to the proposed staffing schedule is due to the current economic and budgetary environment. However, the Government also reneged on its commitment during the Celtic tiger era of budget surpluses. The programme for Government in 2002 stated that the Government would continue to reduce the pupil-teacher ratio in our schools and would progressively introduce maximum class guidelines, ensuring that the average class size for children under nine would be below the international best practice ratio of 20:1. When the Minister, Deputy Hanafin, was challenged on those promises, she admitted that this was a noble aspir- ation. Nothing has been done on this issue since then. The programme for Government in 2007 stated that the Government would increase the number of primary teachers by at least 4,000, which would enable it to reduce class sizes, while the pupil-teacher ratio would be reduced from 27:1 in 2007 to 24:1 in 2012. It was agreed to reduce class sizes, but the Government did a U-turn on the issue when it abandoned the commitment for economic reasons in last December’s budget. The programme for Government pledged to reduce the pupil-teacher ratio to 26:1 by September 2008, but the Government reneged on this promise earlier this year. As a result, schools that would have kept their full complement of teachers will instead see teachers sacked. I ask the Minister to rescind his predecessor’s order regarding the schools involved. There are overcrowded classrooms across the country, with 200,000 pupils in classes of 20 or more. The OECD report stated that Irish classes are the largest in Europe, with an average of 25 per class in 2005. In County Galway, there has been an increase in the number of students in classrooms with over 30 pupils from 2,500 in 2001 to 2,787 in 2007. A quarter of all students in Galway are in classes of 30 or more. Can the Minister state that he is committed to reduce class sizes to that planned originally in 2002, or even that planned in 2007? I support the motion.

Deputy Deirdre Clune: I congratulate Deputy Brian Hayes on his tenacity in bringing this motion before the House tonight. It is an issue that was extremely important in last year’s general election. We all remember the campaign by the INTO to highlight the fact that the

497 Pupil-Teacher Ratio: 27 May 2008. Motion

[Deputy Deirdre Clune.] previous Government did not follow through on its commitment to reduce the pupil-teacher ratio in classrooms, particularly in primary education. That was a real issue for parents, students and teachers. The Minister represented my constituency of Cork South Central until the last election. In that area, three schools are losing teachers. The boys’ schools in Turner’s Cross and Beaumont are losing one teacher each, while the boys’ school in Douglas is losing two teachers. I spoke to the principals of those schools and they are not losing teachers because of falling numbers but because of a commitment made by the Government that it would reduce the pupil-teacher ratio from 27:1 to 26:1 and because they based their enrolment policy last year on that commitment. Last week, they received a letter from the Department stating that they would be losing those teachers, even though there will be extra demand for places in some of those schools this September. This means that the pupil-teacher ratio will go up instead of down. That is the sting in the tail for those schools. What is so disappointing is that this does not really involve a large amount of money as each post would cost about \60,000. Even just restricting this to the 28 schools that are losing teachers, it is not a great amount of money in the overall budget. The Minister and his colleagues should consider this motion. Many of them made a commitment in front of packed halls last year to pupils that they would support a reduction in the pupil-teacher ratio. Now is their opportunity to do it. It will not break the budget and I ask the Minister to look at this issue. It is his first opportunity to come before this House for Private Members’ business and it would be a break with precedent set by his former colleague. The OECD report showed that 4.6% of our GDP is spent on education. That is very low compared to the OECD average of 5.8%. I heard Professor Drumm on the radio suggesting we should not compare ourselves to Germany in respect of health spending because it has an older population. If that is the case, we should be spending above the EU average because our population is so young. The pupil-teacher ratio is not just about space for desks or cubic capacity for pupils but about giving teachers an opportunity to do the job they are trained to do: imparting information, supporting individual students and helping pupils with needs. Any- one who visits a school will see it is not a question of standing in front of rows of students and using a blackboard but of group teaching and supporting students in groups, which demands more attention and time from teachers. It is not rocket science that the fewer students a teacher has, the more support can be given to individual students. It is accepted Government policy and I ask the Minister to review this matter. It is small beer in the overall scheme of things but it will make a major difference to these schools, pupils and teachers.

Deputy John Perry: I thank Deputy Brian Hayes for tabling this motion. I congratulate the Minister on his appointment and wish him well. Last year we had a crisis in schools because of water charges and a few months later some national schools are engulfed in a crisis of cuts in staff numbers. The importance of a first-class primary education cannot be stressed enough because it is the foundation of all further education and the period in which lifelong aspects of personal character are initiated and shaped. A well educated population has been the cornerstone of our economic success. Investment in education has delivered a well educated, highly confident and motivated population well equipped to take advantage of the opportunities in the global economy. After last year’s election the agreed programme for Government promised to reduce class size. Specifically, the Government said that class sizes were to be reduced in 2008-09 and over the following three years.

498 Pupil-Teacher Ratio: 27 May 2008. Motion

I am delighted that people from Rathcormac national school are here this evening. On 30 September last year the school had 229 children on the roll, in line with the expected retention figure as outlined in the Government’s commitment to reducing class sizes, but recent U-turns by the Fianna Fa´il-led Government has decreed that this enrolment figure is not high enough to retain all current staff members. As a result of the Government decision not to honour its commitment to reduce class size each year over the next three years, Rathcormac national school has been informed that one teaching post is to be suppressed on 31 August. Once more, the Government has broken its promise to the parents of school-going children and let down the children. My son attends a class of 34 students so I speak with knowledge. School enrolment figures are set to rise in Rathcormac national school for the foreseeable future. Next September it is expected that 233 pupils will attend the school. If the school must reduce the number of teachers by one in August 2008, this year’s expected increase in pupils will mean that the school will be entitled to appoint a teacher in September 2009. It is absurd that the school will lose a teacher because of the number of pupils in the school on 30 September last year, yet class sizes are projected to go up in the current year. The school will have more pupils and one fewer teacher to teach them. The suppression of this post will have serious repercussions for the school. Not only will the school lose a teacher with a wealth of experience and expertise in the area of special education, it will be forced to replace her with a teacher who has responsibility for a mainstream class. The obvious knock-on effect will be larger classes. I urge the Minister to review the decision and not reduce the number of teachers in Rathcormac national school. It makes no economic sense to fire a teacher in August 2008 and reappoint another teacher in September 2009. A little flexibility and common sense is required in the case of Rathcormac national school. The educational needs of the pupils of this country demand that the Fianna Fa´il-led Government should honour its commitment in all aspects of primary education. It must increase capitation grants and it should preserve the capital investment programme and reinstate the summer works scheme. Otherwise, parents will be driven back to endless local fundraising to ensure the best education for their children. These steps are essential requirements so that teachers are provided with the best possible circumstances within which to deliver a first-class primary education to the young people. I ask the Minister to intervene in the Rathcormac national school situation.

Deputy Olivia Mitchell: I welcome the opportunity to speak on this motion because this time last year the Government made serious commitments on class sizes and at every single door on which Members knocked they witnessed frustration and fury from parents and teachers. On foot of that campaign, commitments were given and promises were made, and while they were not to the desired extent, they were realistic and achievable but now they have been reneged on. People believed those promises notwithstanding the promises of the previous election regarding the pupil-teacher ratio of 20:1 for nine year olds, which has gone up. The most recent commitment has been reneged on and since the budget we know that the class size commitment will not be met. What disturbs me is that there is no intention of meeting it. There is a simultaneous clampdown in the school building programme. One cannot increase the number of teachers if rooms are not provided. The Government clearly intends to provide neither teachers nor rooms, which go hand in hand. It is one thing to teach many pupils in a modern, bright, airy, purpose-built classroom but it is another matter to teach the same number in a dilapidated, cramped, isolated prefab. The outcome for children must be sub-optimal. In my constituency, schools await accommodation for the class sizes they have at present, never mind the promised smaller classes. When Deputies, as public representatives, ask a ques-

499 Pupil-Teacher Ratio: 27 May 2008. Motion

[Deputy Olivia Mitchell.] tion about the status of the school on the waiting list we get the same inane answer, that the matter is being considered on an ongoing basis in the context of a multi-annual programme.

Deputy Brian Hayes: Hear, hear.

Deputy Olivia Mitchell: That is nonsense and it means nothing. It is utterly frustrating for schools. Recently, the answers have become more frustrating, referring to the economic climate, budgetary constraints and the need for responsible spending. The suggestion seems to be that looking for spending and classrooms for children is somehow profligate and irresponsible and that we are feckless spendthrifts to suggest it. If the Government thinks spending on education is feckless, there is no hope for the future. This spending is vital investment in our future productive stream and is precisely the kind of investment our new Taoiseach said would be given priority in the new economic climate. We have less money but what could be more important use than spending money on our children? As parents, no matter how hard times get and how little money we have, we prioritise our children and expect the Government to do the same. It is shameful and short-sighted to do anything less. In St. Colmcille’s, Knocklyon, one of the biggest schools in the country is about to lose a teacher in September. Some 500 children are taught in prefabs that are so old and dilapidated that their condition cannot even be maintained. I thought about the terrible conditions of the hedge schools of old but they did not have the class sizes of today nor the challenges teachers must fact today. In Divine Word, Rathfarnham, there are three sets of isolated prefabs with no commitment to build although one was given before the election. Now, three junior infants classes must be merged with two senior infants classes. This is taking place all over the constituency. So much for a reduced pupil-teacher ratio — the opposite is happening. The situation is outrageous at Our Lady’s Grove. It got the go-ahead through the stages of planning, up to having planning permission, but now it is told the project cannot go to tender. Two teachers who retired from the school recently spent their entire teaching careers in prefabs. The conditions of these schools are sub-optimal from a learning point of view. Even if the promise to decrease the pupil-teacher ratio was to be kept, they have no meeting rooms or, in many cases, PE facilities. Cloakrooms and toilets are being converted to facilitate meetings, breaks and special needs supports. Small prefabs are being partitioned off into even smaller inadequate spaces. This is the stuff of the Third World. Holy Trinity national primary school in Stepaside, a newly developing area in my constituency, is now entering its fourth year in prefabs. It has spent more than \1 million already on prefabs and site works for prefabs. This is money down the drain. Parents will not commit to a school that has not received a commitment in regard to a school building and has been told not to apply for planning permission.

Acting Chairman (Deputy Brian O’Shea): The Deputy must conclude as she has gone well over time.

Deputy Olivia Mitchell: In the good times we had money for everything but we did not spend it where we should have. We must now, in the not so good times, prioritise and focus our expenditure. I can think of no better priority than this issue.

Deputy Brian Hayes: Hear, hear.

500 Pupil-Teacher Ratio: 27 May 2008. Motion

Deputy P. J. Sheehan: I congratulate my colleague, Deputy Brian Hayes, on tabling this motion. I also congratulate my county colleague, Deputy Batt O’Keeffe, on his elevation to the position of Minister for Education and Science. I hope he will bring some good news in respect of this Ministry before the year is out. We are here tonight a year after the general election that saw Fianna Faíl Deputies opposite elected on a promise to reduce class sizes by one pupil every year for four years. However, Fianna Faíl Members and their groupies, including the Green Party, the Progressive Democrats and associated Independents, will vote en masse tomorrow night to break that promise to the schoolchildren of Ireland. Another broken Fianna Faíl election promise. Has the Minister no shame? He is not robbing children of their lollipops but of much more, including his respect and that of his party. He is not only breaking the promise for this year but will continue to break that promise every year for the next four years. I speak tonight on behalf of the pupils, parents and staff of Our Lady of Mercy School, Bantry, and Scoil Mhuire national school, Schull, both of which are located in the heart of my constituency of Cork South-West. I hope the Fianna Faíl public representatives for Cork county, including my constituency colleague, Deputy Christy O’Sullivan, will stand behind me and vote to retain the teachers at Our Lady of Mercy School, Bantry, and Scoil Mhuire national school, Schull.

Deputy Brian Hayes: Hear, hear.

Deputy P. J. Sheehan: I am disappointed but not surprised that it is a Cork Minister for Education and Science who is now forcing the principals of Our Lady of Mercy School, Bantry, and Scoil Mhuire national school, Schull, to sack one of their teachers. I accept this is not the Minister’s fault but I hope he will correct it. The Minister has inherited a false promise from his predecessor, former Minister for Education and Science, Deputy Mary Hanafin, who two weeks before the last general election gave a commitment to reduce class sizes, thus hood- winking many voters and saving Fianna Fa´il many seats that it would otherwise have lost. However, she has paid the price and been moved sideways to other pastures.

Acting Chairman: The Deputy has one minute remaining.

Deputy P. J. Sheehan: The electorate will have its chance for revenge in the local elections next year. In a time of economic contraction, it is the Minister’s job to protect the interests of our school-going children. If he were to amend the order and allow these 40 schools to at least maintain the status quo, he would be doing his job. Just over three hours ago I was contacted about Scoil Mhuire national school in Schull which was informed today that it will lose a teacher in September, reducing it from a five teacher to a four teacher school with one class now having 35 children. This makes a mockery of the Minister’s so-called target of 28:1. I will raise this specific issue with the Minister at a later date. It is bad enough that the Department makes school principals and boards jump through bureaucratic cartwheels for years to get school building projects moved onto the next stage of a shaky rope ladder to which they will have to hang on to until it is approved at some unknown date in the future. I will come back to this subject another day when I will be looking for definite commitments in respect of a number of schools building projects in Cork South-West that have been lost in the pipeline.

Acting Chairman: Deputy Sheehan must conclude.

501 Pupil-Teacher Ratio: 27 May 2008. Motion

Deputy P. J. Sheehan: It is nothing short of a disgrace, with schools in Cork South-West already suffering from a lack of funding and overcrowding, that Our Lady of Mercy School in Bantry and Scoil Mhuire national school, Schull, have been ordered to let go another teacher. I ask that the Minister maintain the status quo and allow these 40 teachers to remain in the classroom, teaching our children, and that he keep his promise to reduce the ratio by one more next year.

Deputy Brian Hayes: Hear, hear.

Deputy P. J. Sheehan: If the Minister cannot find the money to fund these 40 teachers, then he is falling at the first hurdle and I do not see a bright future for him or education.

Acting Chairman: Deputy Sheehan must conclude. He has left very little time for his colleagues.

Deputy P. J. Sheehan: Perhaps he will be transferred to the Department of Social and Family Affairs following the local elections. I remind the Minister of the epitaph: “Once I wasn’t. Then I was. Now I ain’t again.” The Minister should not let this be his epitaph. If the Deputies opposite vote down this motion and force the schools in Bantry and Schull to sack a teacher, then I will have to agree with Voltaire that common sense is not so common.

Acting Chairman: I call Deputy Tom Sheahan and remind him that there are only five minutes remaining in this slot and that his colleague, Deputy Deenihan, also wishes to make a contribution.

Deputy Tom Sheahan: I will get to the point. I thank and commend my colleague, Deputy Brian Hayes, on bringing forward this motion. I represent Kerry south and wish tonight to speak on behalf of Scoil Mhuire in Killorglin which has 378 pupils and 14 teachers, a ratio of 27:1. Like my colleagues, I too was out canvassing during the last general election when we were told that the Government would, during the following three years, reduce the pupil-teacher ratio to 24:1. Teachers and parents believed this, which made our work harder. I am not shocked that Fianna Fa´il has again broken its promise. It is more of the same. My colleagues are shocked by this, but I am not because it has happened so many times. If Scoil Mhuire, Killorglin, loses a teacher, the ratio will automatically increase to 29:1, which is an absolute disgrace. The Government’s promise may have been aspirational but one would expect it to at least maintain the status quo this year and to try to reduce the ratio next year. Last Monday, 140 new jobs were announced for Killorglin. These jobs will bring new families into the area.

Deputy Jimmy Deenihan: Hear, hear.

Deputy Tom Sheahan: I do not think any school principal can predict how many extra children will come into the community.

Deputy Brian Hayes: Exactly.

Deputy Tom Sheahan: Come September when these extra children have enrolled, Scoil Mhuire will be seeking three additional teachers. I question my colleagues decision not to lay the blame for this at the current Minister’s door.

Deputy P. J. Sheehan: He inherited the problem.

502 Pupil-Teacher Ratio: 27 May 2008. Motion

Deputy Tom Sheahan: The Minister has been in his new position for a number of weeks. I plead with him to take into consideration the new people moving to the Killorglin area following the announcement of these 140 new jobs.

Deputy Brian Hayes: Hear, hear.

Acting Chairman: I call Deputy Deenihan who has two and a half minutes to make his contribution.

Deputy Jimmy Deenihan: I wish to speak specifically on behalf of Scoil Eoin, Balloonagh, Tralee. I have raised several times in this House the issue of accommodation at this school. A solemn promise in respect of a new school given prior to the last election by the former Minister for Education and Science, Deputy Mary Hanafin, has not been delivered. Scoil Eoin will lose a teacher next September based on its enrolment figures as of 30 September last. The school had at that time 367 pupils on its roll book, but by November it had 378 pupils, an increase of 11 pupils which would have allowed the school to retain that teacher. Broken promises aside, perhaps the Minister will agree to have his Department examine the reference date in this respect. If Fianna Fa´il had kept its promise made during the last general election to provide 4,000 extra teachers, thereby reducing the pupil-teacher ratio over four years, Scoil Eoin would have retained its teacher. Whatever about the con job perpetrated in 2002 on the Irish people, teachers, the INTO, pupils and parents, the con job in the last election is unforgivable. This is the bottom line. It is amazing how the INTO, teachers and everybody else accepted the Govern- ment’s bona fides on the 2002 promise, but to be caught again is inexplicable. Will the Minister consider the reference date of 30 September? It is grossly unfair that a school where children arrive in the month following the opening in September, which they do, is penalised the following year. The Minister and I are teachers and we know full well that every child in the country must go through the primary school system. It is the only aspect of the education system that is equal. We spend less on it than we do on secondary and post- primary education. All that should be done is that it gets a fair deal like all the other sectors of the education system.

Minister for Education and Science (Deputy Batt O’Keeffe): I move amendment No. 1:

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

— recognises the major improvements that have been made to staffing levels in primary schools over recent years, including:

— over 2,000 extra teachers being provided in primary schools for 2007-08 and 2008-09 school years;

— the increase in primary teacher numbers since 2002 of over 6,000 bringing the current total to over 30,000 primary teachers;

— the reduction in class sizes for the current school year to a general rule of 1 teacher for 27 pupils;

— average class sizes of just over 24 pupils;

— substantially lower class sizes for primary schools with the highest concentration of disadvantage;

503 Pupil-Teacher Ratio: 27 May 2008. Motion

[Deputy Batt O’Keeffe.]

— a pupil-teacher ratio in primary schools of 16.4 to 1; and

— \4.6 billion, \380 million extra, provided in 2008 for teachers pay and pensions;

— notes that it is the policy of the Government to continue to make progress on reducing class size in the context of the programme for Government.

I will be sharing time with Deputy John Cregan. I thank the Deputies for their contributions. I am glad they did not give me a chance to redden the seat at the Department of Education and Science. I hope the transfer Deputy Sheehan has in mind for me at this early stage is not realised.

Deputy Brian Hayes: It all depends.

Deputy Batt O’Keeffe: I am glad to set out for the House my commitment and that of the Government to the provision of teaching resources to primary schools. This is being done as part of our overall investment in education which has increased significantly in recent years by more than 70% since 2002 to more than \9.3 billion this year. This represents a significant increase of more than \690 million, or 8%, on the funding position after budget 2007 and will enable us to consolidate the major service and funding improvements put in place in recent years and to make further progress in a wide range of areas. Ultimately, this investment is about improving outcomes for our learners whether in schools, colleges or non-formal settings. The specific issue before the House on reductions to class sizes in primary schools is important in its own right. Nonetheless, it is but one policy instrument among many by which we are trying to ensure learning outcomes that enable the individual child or student to achieve his or her full potential and participate to the fullest extent possible in society. The \9.3 billion being provided for education this year will enable us to deliver significantly on a number of fronts by investing almost \600 million in school buildings, by bringing expenditure on special education to twice the 2004 amount, through putting additional teachers and special needs assistants in place in primary and post-primary schools and by providing \4.6 billion, or \380 million extra, for teacher pay and pensions. I will now discuss the specific issue of class size. The programme for Government sets out the overarching policy position on the provision of additional teachers and on reductions in class size over the life of the Government. The programme contains a commitment to increase the number of primary teachers by at least 4,000 and on that basis to make further progress on reducing class sizes. The programme also sets out how improvements in class size in primary schools will be brought about by changes to the staffing schedule that is used to allocate classroom teachers to primary schools based on the total enrolment in the school. The schedule allocates teachers within enrolment bands and the current bands are based on an average of 27 pupils. The programme for Government sets a revised basis for the 2010-11 school year of an allocation based on an average of 24 pupils to a class and this will be achieved on a gradual basis by a series of annual reductions of one point on the schedule.

Deputy Ulick Burke: Promises again.

Deputy Batt O’Keeffe: While the schedule allocates on the basis of an average, each individual school decides how to arrange its classes. This means that two different schools with the same enrolment and allocated the same number of teachers may choose to configure their

504 Pupil-Teacher Ratio: 27 May 2008. Motion classes differently. Depending on a school’s own circumstances one school may aim for an even distribution across all class groups while another school may chose to have lower numbers in a particular class group or groups with consequently larger numbers in other classes. In any discussion on class size and classes where the number of pupils exceeds the average, it is important to understand how the main staffing schedule sets out to treat schools in like circumstances in a fair and consistent manner. As I stated, the current allocation is based on an average of 27 pupils per teacher and the fact that schools make individual choices in assigning teachers to class groups. With more than 20,000 individual classes spread across all schools throughout the country there will always be differences in individual class sizes.

Deputy P. J. Sheehan: There is no difference in numbers.

Deputy Batt O’Keeffe: Preliminary indications from my Department’s analysis of statistical returns from schools for the current school year appear to indicate a drop in the numbers of pupils in classes of more than 30 pupils.

Deputy P. J. Sheehan: Big deal.

Deputy Batt O’Keeffe: The analysis of all the returns from schools has yet to be completed and the final outcome will be published later in the summer. Of course it is the case that some schools can have class sizes of greater than 27 but, as I pointed out, this is often because of a local decision by a school to use its teaching resources to have smaller numbers in other classes.

Deputy Olivia Mitchell: Will the Minister speak about average classes?

Deputy Batt O’Keeffe: When a particular school has a class of more than 30 in a particular grade, it is often because another class in the same school has approximately 20 pupils.

Deputy P. J. Sheehan: Name those schools.

Deputy Batt O’Keeffe: I appreciate that an even distribution and splitting classes may not always be an option for a particular school because it might have a large group in junior infants and a small group in sixth class, but where it is possible, principals should consider the benefits of having smaller multi-grade classes as against having particularly large differences in class sizes at different levels in the school.

Deputy Olivia Mitchell: The Minister is blaming the schools.

Deputy Batt O’Keeffe: I respected every speaker on the other side of the House. I did not interrupt and I seek the same respect. We in this House are aware that the mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. In any year, not just this year, when enrolments are falling in a school this can result in the loss of a teacher. Equally, when enrolments increase a school can gain a teacher under the operation of the staffing schedule. While approximately 120 schools will lose a teacher in the next school year compared to this year, there will still be a net increase of approximately 500 teachers. The reason for this is that five times as many schools are expected to employ an additional teacher due to an increase in enrolments. An important consideration with regard to the staffing allocations for schools is

505 Pupil-Teacher Ratio: 27 May 2008. Motion

[Deputy Batt O’Keeffe.] that schools should be treated in an equitable manner. The staffing schedule should operate in a manner that treats schools in like circumstances equally. I am aware that the opposition has put a particular focus on those schools that will lose a teacher in the coming year simply because the total enrolment at the school on which the teacher allocation is based is one pupil fewer. Under a system that allocates additional teachers at different step points under a common schedule, it is a fact of life that a single pupil change in enrolment can cause a school to lose or gain a teacher. In recent years, when improvements were being made to the staffing schedule it was also the case that there were winners and losers depending on individual enrolment profiles. It is opportunistic of Deputies on the benches opposite to argue for special treatment for some schools.

Deputy Brian Hayes: It was the Government’s promise.

Deputy Batt O’Keeffe: If I were to change the staffing schedule to allow the schools due to lose a teacher to retain that teaching post, I would be treating them differently from other schools with the exact same number on the rolls and I do not propose to do that.

Deputy Brian Hayes: Why did the Minister promise them?

Deputy Batt O’Keeffe: We can validly have a debate on changes that might be made to the overall schedule but I will not enter into the space of political opportunism portrayed by the Opposition by trying to give preferential treatment to some schools for no objective reason.

Deputy Ulick Burke: Rewind the clock by 12 months.

Deputy Brian Hayes: Rubbish.

Deputy Batt O’Keeffe: I have a responsibility to ensure that, whatever the overall allocation, the system for allocating teachers to schools is transparent and fair and that everyone knows where he or she stands and each school knows that it will be allocated the same number of mainstream class teachers as the school up the road with a similar enrolment.

Deputy P. J. Sheehan: The Government should honour its commitment.

Deputy Batt O’Keeffe: The system should not create anomalies or operate on the basis that one or more schools should be treated differently from others because the Opposition thinks political capital can be made.

Deputy Brian Hayes: It was the Government’s promise.

Deputy P. J. Sheehan: It should honour its commitment.

Deputy Batt O’Keeffe: Any school that believes it is treated unfairly under the schedule has access to an appeals process. The board of management of a school can submit an appeal under certain criteria to this independent appeals board, which was established specifically to adjudicate on appeals on mainstream staffing allocations in primary schools.

Deputy Brian Hayes: How many were successful last year?

Deputy Batt O’Keeffe: The Deputies will appreciate that the appeals board operates independently of the Department and its decision is final.

506 Pupil-Teacher Ratio: 27 May 2008. Motion

Deputy Brian Hayes: There is never an appeal.

Deputy Batt O’Keeffe: I have taken time to elaborate on how the staffing schedule operates because I am concerned that anyone picking individual cases in isolation and out of context could cause unnecessary concern. Budget 2008 provided my Department with \4.6 billion or an additional \380 million for teacher pay and pensions. This was a substantial additional investment, given the economic environment on which the budget was based. The allocation provides for pay increases to all teachers but, critically, it will also fund more than 2,000 additional primary teachers, more than the number in schools when the Government took office less than a year ago.

Deputy Brian Hayes: Because the numbers are up.

Deputy Batt O’Keeffe: It covers the additional teachers that went into schools last September for the previously announced reduction to a 27:1 based staffing schedule with additional teachers this school year and in the coming school year to meet increasing enrolments, provide for special needs and meet the language requirements of newcomer children.

Deputy P. J. Sheehan: Another broken Fianna Fa´il promise.

Deputy Batt O’Keeffe: I am sure the House will agree that it was appropriate to continue to prioritise resources for those with special needs and the language requirements of newcomer children——

Deputy Ulick Burke: The same old line again.

Deputy Batt O’Keeffe: ——and to meet increasing enrolments generally as well as the needs of rapidly developing areas by providing additional school places. In making choices within available resources, these were the correct choices to make in terms of our priorities. However, in terms of the overall commitment to provide at least 4,000 additional teachers over the five- year life of the programme for Government, we have gone well down that road in a short time.

Deputy P. J. Sheehan: The Minister cannot retain the current number of teachers.

Deputy Batt O’Keeffe: All programme for Government commitments to improve public services, including those relating to class size, are contingent on the economic and budgetary environment and the need for prudent expenditure and fiscal management. Even since the presentation of budget 2008 last December, the external and domestic environment has alt- ered significantly.

Deputy Ulick Burke: This is a U-turn.

Deputy Batt O’Keeffe: In that context any reasonable observer would regard the fact that the Government has taken measures that will result in the allocation of more than 2,000 additional teachers to primary schools as a considerable investment.

Deputy Brian Hayes: The Government parties had no choice. They had to do that.

Deputy P. J. Sheehan: What about the schools that had to sack teachers?

Deputy Batt O’Keeffe: While the programme indicated a specific timeline regarding further changes to the staffing schedule to reduce class sizes, it was not possible to move further in the current year.

507 Pupil-Teacher Ratio: 27 May 2008. Motion

Deputy Brian Hayes: What about next year?

Deputy Batt O’Keeffe: The Government wants to maintain its focus on measures that can improve the quality of education in our primary schools and, ultimately, to ensure that increased resources lead to better outcomes for our children. I am mindful of the need to continue to make progress on the schools building programme and I am anxious to improve the general funding position of primary schools through increases that will enable them to meet day-to-day running costs. All such measures contribute to the capacity of schools to deliver a quality education to children. The commitment on improving class size can only be examined and considered in the context of the overall economic and budgetary position that might prevail in the coming years and other competing priorities such as funding for schools for the available resources.

Deputy Brian Hayes: There we have it. Fianna Fa´il did not mention this last year.

Deputy Batt O’Keeffe: Deputy Hayes and his party cannot have it both ways.

Deputy Olivia Mitchell: Fianna Fa´il has it every way.

Deputy Batt O’Keeffe: Fine Gael cannot argue for the sound management of public expenditure and at the same time argue for additional money for the topic of the day.

Deputy Brian Hayes: Who made the promise?

Deputy Batt O’Keeffe: Good management of public expenditure means identifying priorities and making choices within the resources available and not flip-flopping like Fine Gael, aban- doning responsible management.

Deputy Brian Hayes: Who made the promise?

Deputy P. J. Sheehan: The Minister is back-tracking.

Acting Chairman: The Minister, without interruption.

Deputy Batt O’Keeffe: Within the terms of the current staffing arrangements for primary schools, there is also provision for additional posts, referred to as developing school posts, to be assigned to schools on the basis of projected enrolments for the next school year. Under these arrangements, a developing school post may be sanctioned provisionally where the projected enrolment at 30 September of the school year in question equals or exceeds a specified figure and an excess of five over the appointment figure for the post in question. If the specified figure is not achieved on 30 September, sanction for the post is withdrawn. Up to the 2006-07 school year the specified figure to attain the post was either 25 or 30, depending on the size of the school. In the 2006-07 school year the specified figure was changed to 25 for all schools. An improvement in the arrangements for the allocation of developing school posts to smaller schools, that is, schools with a mainstream staffing of principal plus six mainstream class teachers or fewer, was made this year. In the case of these schools, the required stipulated increase in enrolments was reduced from 25 to 15. These supports reduce the threshold for getting a developing school post so as to help schools experiencing large increases in enrolments each year. More than 330 such posts have been sanctioned in the 2007-08 school year compared with 280 in 2006-07. In addition to the supports provided in the classroom, additional resources, including teaching resources, are also provided to cater for the needs of pupils with special educational needs.

508 Pupil-Teacher Ratio: 27 May 2008. Motion

I intend to build on the progress made in recent years, which has resulted in a huge increase in resources for special education. Since 2004 investment in this area has doubled to \900 million and significant progress has been made. Almost 6,000 additional teachers and SNAs have been put in place mostly at primary level, bringing the total number of special education staff to approximately 19,000. The training available to teachers has improved significantly. All schools have been assigned learning support resource teaching hours based on their enrolment figures and the application process for additional supports has been transformed for the better with the establishment of the NCSE and its team of more than 80 local special educational needs organisers. A significant expansion in the number of NEPS psychologists is under way, with a view to all schools receiving a direct service in the 2009-10 school year.

Deputy Brian Hayes: Another promise already broken.

Deputy Batt O’Keeffe: There has been a particular focus in recent years on improving services for children with autism. In the past year alone, approximately 100 additional special classes for autistic children were set up, bringing the total number to almost 280. In addition, my Department has also, in consultation with educational interests, developed a 8 o’clock model of general teacher allocation for pupils in the high incidence disability categories of mild and borderline mild general learning disability and dyslexia. This model was designed to put in place a permanent resource in primary schools to cater for pupils in these categories. The model was constructed so that allocations would be based on pupil numbers, taking into account the differing needs of the most disadvantaged schools and the evidence that boys have greater difficulties than girls in this regard. There are a number of advantages to using a general allocation model. First, it reduces the need for individual applications and supporting psychological assessments. Second, it ensures that children can be given help at a much earlier stage as the resource will already be in the school. Third, it gives schools more certainty about their resource levels. Finally, inclusion is the desire of the vast majority of parents and my Department is providing the necessary supports in schools throughout the country to facilitate this wherever possible. There are four special schools among the list of schools that are planned to open in September. How am I doing on time?

Acting Chairman (Deputy Jack Wall): The Minister of State has half a minute left.

Deputy Ulick Burke: Answer all the questions.

Deputy Batt O’Keeffe: To conclude, it is important not to lose sight of the wider picture of the range of improvements that have been made. Teacher numbers at primary level have increased significantly. Additional resources have been provided both within the classroom and also by way of additional supports in areas such as language support and special education. We will continue our focus on measures to improve the quality of education in our schools to ensure that increased resources lead to better outcomes for our children and that the modernisation agenda for teachers is fully delivered again so that learning outcomes improve. I want to put onto the record of this House that I am confident and remain committed to further improvements in the education sector over the lifetime of this Government. In this regard, as the budgetary situation improves, the reduction in class sizes will be one of my key priorities.

Deputy P. J. Sheehan: What about the commitment made by the Minister’s predecessor?

509 Pupil-Teacher Ratio: 27 May 2008. Motion

Deputy John Cregan: I am glad to have the opportunity to speak to the amendment tonight. At the outset, I welcome the appointment of my colleague, Deputy Batt O’Keeffe, an appointment I believe is long overdue. I have no doubt that he will leave his mark in a very positive fashion during his tenure as Minister for Education and Science. In particular, since he comes from a rural constituency and represents rural people and schools, I welcome the fact that the Minister attended a rural primary school. I hope and appeal to him to ensure that we can continue investment in our rural schools over the coming years. That is very important. We have needs to meet in urban centres but, equally, we have needs to meet in rural centres throughout the length and breadth of the country. Unfortunately, because of the economic situation, we saw a situation whereby the summer works scheme and the devolved grants scheme had to be abandoned, for want of a better word. Both of the schemes were very positive and of huge importance to rural schools to improve accommodation. It is very important that we continue to improve accommodation throughout the country, particularly in our rural schools. I thank the Minister for visiting my constituency last weekend. We have a very serious problem with accommodation in Kilfinnan national school. I again appeal to the Minister to make every effort to ensure that this problem can be overcome in the shortest possible space of time because the people have been patient and need to have their project moved on. It is fair to say that any of us who find ourselves in a tight economic situation are faced with priorities. I will be honest. I do not want to be confrontational but it is important to be honest when we have debates such as this. All of us have to make priorities when the resources which were there in previous years are not there. It is very easy to govern and be a good Minister and all things to all people when one has plenty of money and resources. Unfortunately, the Minister has found himself in a situation whereby those resources are not as plentiful as they were in previous years. The Government has decided to make priorities. I welcomed the commitment in the programme for Government to continue the reduction in class sizes. It is an important aspect of ensuring that we improve our education system because overcrowding in classes is not good for teachers, pupils or anybody. We must be honest and say that we cannot always live in ideal situations or in the ideal world. While that aspect needs to be addressed, and the Minister is on record tonight as saying that it will be addressed during the lifetime of the Government, I will roll back five or six years to when a similar downturn in the economy occurred in the days when Charlie McCreevy was Minister for Finance and each Department had to curtail its spending. Despite that, during the five years of the last programme for Government, the Government managed to deliver on all promises made. I am very proud of that fact and have no doubt that during the five years of this Government’s lifetime, it will continue and deliver on the promises made, be they in education or in any other Department. I am quite confident that this will happen. Again, I appeal for honesty from the other side of the House. When Fianna Fa´il set out its election manifesto prior to the last general election, at all times, the Taoiseach or any Minister or Member who spoke stated that what was in that manifesto or what would be in the programme for Government would be dependent on the economic position of the day. On the Opposition benches, Deputies Kenny and Rabbitte and others rightly said the very same thing. They said they would put their priorities in a manifesto initially and, if elected, in a programme for Government. One then looks at the economic situation and is honest with the people. One

510 Pupil-Teacher Ratio: 27 May 2008. Motion tells them that we do not have enough money and must prioritise and that we would love to deliver upon what we have promised and will do so when times get better. That is exactly what the Minister and Government are saying. It is important to recognise that because it is no different for any other party. Reference was made to the retention figure. It is also important to be honest and acknowledge that this figure is agreed by all the partners in education. It is important to point out that it was not a figure that the Minister, his predecessor, Deputy Mary Hanafin, or anybody else plucked out of the sky and decided that this was going to be the cut-off point. The September date has been mentioned. Perhaps it is wrong or unfair. I do not know. Again, this is the agreed date. Of course, it seems cynical. One takes a teacher out in the month of September and the numbers go up again the following year when a teacher, perhaps a different teacher, goes back in. That is the biggest issue I have with that because, obviously, teachers might have to leave one school and take up a post in another school and it might be discommoding for them. That is being honest about the situation. It is very important to recognise that this date is agreed by all the partners involved in education. Trade unions and everybody else who has an input has agreed that. One must have a cut-off point. I acknowledge that we have had serious and unprecedented investment in education over the past number of years and why not when we could afford it? We all go on record as saying that if we do not have the good and solid foundation of a good education for our children starting at primary schools, we have nothing. I am quite proud of the record of Fianna Fa´il-led Governments over the past number of years. When the resources were there, they were spent and were not spared across all the different aspects of education, from primary schools to second and third level education and onwards. Tonight, the issue is about class sizes and primary schools and I respect that. I would love it if the Government was in a position financially to say that it could honour its commitment. We honoured our commitment in 2007-08 and I have no doubt that when things take a turn for the better financially, we will go on to honour our commitments next year and in future years. At the end of those five years of Government, people can stand up and say that the Govern- ment did not implement what was in the programme for Government over the lifetime of the Government and I will accept that. What I cannot accept are accusations being made that this did not happen in the first, second and third years. It is not so long ago that allegations were made with regard to a promise in a previous programme for Government to increase the number of gardaı´ on the streets. It is fair to say that after five years in Government, that commitment was met. We were accused in years one, two, three and four that we were not doing it but it was done by the end of the five years. I hope and feel confident, given what the Minister has said, that he will be totally committed to improving every aspect of education. It must be balanced between rural and urban schools. We must take account of the schools that need temporary accommodation immediately, which is as important as any class size. For the school that needs permanent accommodation, that need is as important as any class size. There are schools with other needs, which have their own priorities and it is important that the Minister recognises those priorities in the context of the limited resources available. We can drive on forward, together, ensuring balance between rural and urban, between adequate accommodation and optimal class sizes, as well as meeting the needs of our special needs children, in which this Government has a very proud record in recent years. More must be done, of course. I accept that fully, but the points I have just made are relevant. We must

511 Pupil-Teacher Ratio: 27 May 2008. Motion

[Deputy John Cregan.] have balance in what we do. I fully support the Minister and am confident that he will deliver on class sizes, accommodation and the other aspects, when the necessary resources are available.

Deputy Jan O’Sullivan: I wish to share time with Deputies Ciara´n Lynch, Martin Ferris and Ruairı´ Quinn. I am absolutely flabbergasted at the nerve on the Government side of the House, that Deputies can stand up here and go back on a very clear promise that was made in the programme for Government. That promise does not refer to what the Government “might” do, but to what it “will” do and reads: “The staffing schedule will be reduced from a general rule of at least one teacher for every 27 pupils in 2007/08, by one point a year, to one for every 24 children by 2010/11.” That is a definite commitment to reduce the pupil-teacher ratio this year by one point but the Government Deputies stand up and tell us they are not doing it. I was in this House on many occasions when the former Minister for Education and Science, Deputy Mary Hanafin, defended the fact that the Government did not fulfil the previous commitment in the programme for Government either. That commitment was that all children under the age of nine would be in classes of 20:1 or less. She said she could not do it then, in times of plenty. Now we are being told that it cannot be done because the money is not available. These are two broken promises by the Government to the children of this country. I note the Public Gallery is full and I presume most of those listening to this debate are involved in schools in some capacity, whether as teachers or parents. I am sure they must be as flabbergasted as I am at the nerve of the Government. I do not blame the current Minister but the Government as a whole. It is unbelievable that they would come in here and say what they have said. I include the Green Party Deputies in my criticisms.

Deputy Brian Hayes: Hear, hear.

Deputy Jan O’Sullivan: The Green Party claimed that it was prioritising education. I listened to Deputy Paul Gogarty more than 100 times claiming that his party was prioritising education but there is no Green Party Deputy here tonight. It is disgraceful to renege on these promises and to tell the children of this country that they should tell the truth while Government Deputies come into this Chamber, in good times and not so good times, and renege on a specific promise to them. It is disgraceful. In the limited time available I wish to refer to the school in my constituency that is listed in the motion, namely, the JFK Memorial School, which I visited this morning and on a number of previous occasions. The school was one child short at the cut-off date at the end of September. The school now has that additional child, who moved from the north west of the country. If the promise had not been made by the Government, that child could have moved to the school a week earlier to ensure that the school would retain its teacher. The school believed the promise and had the numbers that it thought it would need to keep the teacher at the time. A number of other schools listed here are in the same situation. Those schools, at least, should be allowed to retain their teacher. In all good faith, they thought they had the numbers to do so. They believed the Government of this country and those that were elected to govern and understood they could keep their teacher. It was the Government which broke its word; the schools did nothing wrong.

512 Pupil-Teacher Ratio: 27 May 2008. Motion

I know the negative effect this will have on the school in my constituency. Indeed, all Deputies know the effect it will have. We have the second highest average class size in a long list of European Union countries. The only country that is worse than us is the United Kingdom and we do not want to take example from it. Let us imagine what it is like, for example, to be a child with special needs, most of whom are being mainstreamed now, a quiet child sitting at the back of the class trying to get attention or to be a teacher trying to cope with all of the different needs in a classroom with the size of the classes we have in this country. We still have a very large number of children in classes of more than 30 and some in classes of more than 35. That small children, who so need to get a good start, should be subjected to that, is appal- ling. The Government claims it is committed to education but reneges on a promise to children at the very time when they need individual attention — in the early years of their school lives. The Government Deputies blithely pronounce that they have priorities. What could be more of a priority than the small children in primary schools in this country? Many Deputies attended meetings in schools before the general election. I attended numerous such meetings because I was my party’s education spokesperson at the time. There were three Private Member’s motions in the House on class sizes in the space of a couple of years. We all know how important an issue it is. We heard the promises and saw rooms packed full. Parents, because they know how important it is, made the effort to attend the meetings. Our party gave commitments on reducing class sizes and on the need for 4,000 more teachers and we did the sums. We stood by our promise and intended to implement it if we were in Govern- ment. I cannot understand how people can vote for the parties in Government after two broken promises on one of the most important issues, namely, the chance we give our young people in our schools. Once again, I find it absolutely mind boggling.

Deputy Ciara´n Lynch: I commend Deputy Brian Hayes for tabling this motion and share his concerns about the entire primary sector. Many of those involved in that sector are listening to the debate in the House tonight. Prior to last year’s general election, I attended a meeting in Cork, which the current Minister, Deputy Batt O’Keeffe also attended. More than 1,600 parents turned up to that meeting which was on classroom sizes. One of the things that stuck in my mind that night was how badly Ireland rates in comparison to other countries in the OECD and the EU. Our pupil-teacher ratios, despite having one of the best GDPs and GNPs in Europe, place us as the bottom of the list. Even the 27:1 ratio referred to in the programme for Government reflects an absence of ambition on the issue of classroom size. The Minister spoke about how this decision will allow him to transfer funds from one area of primary school education to others, such as special needs. This is nothing short of robbing Peter to pay Paul in what is the Cinderella of the education sector. The Minister knows that primary school education, when compared to second and third level, has the least amount of investment per head. The three schools in my constituency that are affected by this decision are Christ King Mon in Turners Cross, SN Barra Naofa Buachaillı´ in Beaumont and St. Columba’s Boys NS in Douglas. I spoke to the three principals of those schools about the four teachers they will lose as a result of the Department’s announcement. They provided the solution to the problem themselves. They suggested that we should return to the situation where the retention figure and the appointment figure had balance and flexibility built in that allowed for a sustainable and measurable approach. What we have now is a guillotine that comes into effect and removes a teacher immediately but the enrolment shortfall may be rectified by the following year’s

513 Pupil-Teacher Ratio: 27 May 2008. Motion

[Deputy Ciara´n Lynch.] enrolments. That is a very blunt instrument to use but the problem is correctable. Even if one was only to stick to the Minister’s ratio aspirations, if we had flexibility built in the problems caused by this blunt instrument could be resolved. A number of the schools affected have been providing an educational service for decades, with an expertise and experience that has come from working in their communities over a protracted period. Some of those communities are going through a process of regeneration. The last thing we should be doing is sending a signal from this House that becomes a self- fulfilling prophecy. If a school loses a teacher, the word on the street is that this school is in decline. Parents will stop sending their children to that school. One of the reasons young people return to communities such as Turner’s Cross and other such communities, which have been in existence for 40 or 50 years, is the existence of a successful school. I remind the House that the boys’ school in Turner’s Cross, one of the schools that will suffer the loss of a teacher, was once attended by the Minister for Foreign Affairs, Deputy Martin, a former Minister for Edu- cation and Science. That makes a statement in this respect.

Deputy Batt O’Keeffe: It was 30 pupils short of the required complement.

Deputy Ciara´n Lynch: There is no strategic sense to what is being proposed by the Minister. It will create greater class sizes or has the potential to create combined classes. Do we want to return to the practice of fourth and fifth classes being taught side by side, given that teachers find it difficult enough to teach one big class without having to teach two different curriculums at the same time? The Minister will save \2 million by this measure. When one considers the size of his Depart- ment’s budget, one must ask why he is creating such a major difficulty over \2 million. The cost of overcrowded classes is not measured in terms of \2 million or even in terms of bricks and mortar. I worked as an adult literacy organiser for 20 years. During that time I saw the cost involved for people later in life if primary education if not properly delivered. The true cost is far greater than the figure of \2 million. The cost involved when children are deprived of all types of opportunities and educational attainment, which the rest of us take for granted, is far greater than any sum of money.

Deputy Martin Ferris: Despite Government commitments to reduce class sizes, more than a quarter of all pupils in primary schools are still in classes where the number of pupils exceeds 30. That accounts for more than 100,000 children. This State has the second largest class size at primary level in the EU. The corresponding figure for Kerry in 2007 was 21%. When one compares this economy, which has enjoyed unprecedented economic growth and wealth during the past 15 years, to that of a Third World economy such as Cuba, one must note that its target class size of 15 pupils is almost met in most cases. The benefits of such a class size to a child in terms of education cannot be more striking that in Cuba. The fact that we cannot reach that target or even a class size of under 30 pupils is an indictment of how money is being spent in this economy. Funding for primary education here also lags behind other member states of the EU, being only 70% of the EU average. According to recent surveys, eight out of ten schools fundraise to meet their daily running costs. Many schools find that Government funding covers only 50% of the school’s basic costs. I doubt if there is a Deputy in this House who is not involved in helping boards of management or parents to raise funds for their respective primary schools.

514 Pupil-Teacher Ratio: 27 May 2008. Motion

That is not right. Given economic growth, it is shameful that parents, pupils and teachers must collect money to met the running costs of schools. It is an indictment on the system. Because of these problems and parents’ concerns regarding primary schooling, we witness parents queuing up with their infants to secure places in a school which they believe will cater for them. However, even that is no insurance, as we witnessed last year where demographic changes meant that schools in certain areas were unable to cope with the demands placed upon them. This is especially the case in growing urban centres coping with the pressure of development where there is a lack of proper infrastructure to provide schools and allocate teachers. In recent years this pressure has been added to by the increase in the number of non-nationals or emigrants — the new Irish, as we call them. With primary school pupil figures expected to climb to 500,000 by the end of 2009 , the Government needs to treat as a matter of urgency the issue of class sizes. The current scenario of pupils being taught permanently in prefabs, which occupy school yard space, in class rooms that are run down, in converted toilets and PE halls — or having to travel miles to a school with adequate space — is completely unacceptable. According to a recent reply to a parliamentary question by the former Minister for Education and Science, Deputy Hanafin, she was not even aware of the number of schools currently using prefabs. I urge the Minister to make such statistics available. A number of years ago the then Minister for Education and Science, Deputy Dempsey, published a list of all school buildings which included priority ratings and indicative dates for construction. This allowed schools to track the progress of their applications, but now no indication is given in this respect. Many of us are all too familiar with that, given the number of questions tabled to the Minister requesting such information. We are also aware that the issue in this motion is addressed daily. Two of the schools listed in the motion, Scoil Eoin in Tralee and Scoil Mhuire in Killorglin, are in my county, the former being in the constituency of Kerry North. Unfortunately, they are not the only primary schools facing this and other problems. I recall debates prior to the 2002 general election when all sorts of promises were made. Prior to the general election last year, in debates on school facilities, allocation of teachers and calls for a reduction in the pupil-teacher ratio, all sorts of promises were again made, but they have been reneged upon. Scoil Eoin was referred to in the north Kerry area plan drawn up last year by the Commission on School Accommodation. It was noted that while the school was very carefully maintained, 54% of pupils were accommodated in prefabricated buildings that were 20 years old, while 24% of pupils were accommodated in a building constructed 46 years ago which had not been modernised. A further 22% of pupils were accommodated in a building that was 86 years old, and part of it was 116 years old, which had not been modernised. With the projected steady increase in the number of pupils seeking places in this school, something needs to be done urgently to address the situation. Scoil Eoin has the largest number of primary pupils in the County Kerry. The loss of a teacher in any school causes great difficulties on many levels and in large towns these challenges are multiplied. The system of judging class sizes based on enrolment on 30 September is grossly misrepresentative of the true picture. Scoil Eoin had 567 pupils enrolled on 30 September 2007, but by November 2007, only six weeks later, the number of pupils had increased to 578. Such increases in enrolments are replicated throughout the country, with more pupils being enrolled after 30 September. The cut-off date of 30 September has a major impact on schools, because the number enrolled can drastically increase in a short period following that date.

515 Cancer Treatment 27 May 2008. Services

[Deputy Martin Ferris.]

A similar urgency attaches to the addressing of accommodation needs in Scoil Mhuire, Tralee Educate Together and other schools in Ballybunion, Listowel, Tarbert, Ballylongford and elsewhere in the north of the county. Many of the problems relate to the perceived lack of future capacity of schools to cope with increased numbers. Adequate staffing levels are a crucial element. One of the schools referred to in the report, the O’Brennan national School in Ballym- acelligott, found itself in the ridiculous position last year of paying \1,200 per month to hire prefabs because of the delay in initiating renovation and reconstruction of the school. Such expenditure is replicated in many other schools. School authorities pay out such dead money when it should be invested in putting a proper structure in place which would resolve the problem. There are ongoing problems with the building of national school in Blennerville, which is a disgrace. Prior to the general election last year the headlines in the local newspapers read “Fianna Fa´il deliver”, “Money allocated to build new school in Blennerville”, “Site located” and so forth. Elected representatives were invited to a meeting a number of weeks ago, attended by the parents, teachers and everybody else in the area with an interest in the issue. At the meeting, the audience was told quite categorically that the issue was not on the immediate agenda. People were hugely disappointed as a result. Three Fianna Fa´il county councillors at the meeting said they were both embarrassed and ashamed by the Government’s actions with regard to building the school. I urge the Minister to revisit all the promises made before the election and to live up to the responsibility to provide proper facilities and an adequate number of teachers to provide education to our children. Money could not be better spent than on education. The lower the pupil-teacher ratio, the better the attention for both teacher and pupils. Proper facilities should be a given. We should not have to stand here begging the Government to invest in our children’s future. With money in the coffers of the Exchequer, there is no excuse for the failure of this and previous Governments to meet this need. It is a disgrace. I hope this Minister will take a hands-on approach, unlike the previous Minister, on the issues I have raised.

Debate adjourned.

Adjournment Debate.

————

Cancer Treatment Services. Deputy Frank Feighan: I seek the Minister’s immediate intervention in the case of Kerry Anne McLoughlin of Glenballythomas, Tulsk, County Roscommon, a 17 year old girl who has been attending UCHG for the past seven years with a thyroid problem and who is still awaiting an appointment for treatment in St. Luke’s following the removal of a malignant tumour last July. I have tried to raise this matter on the Adjournment on several occasions and I am delighted it is being heard tonight. It is a frustrating and serious matter which should have been dealt with long before now. In 2004 a scan showed a growth on Kerry Anne’s thyroid gland and a repeat scan in 2006 showed the growth had doubled in size. Surgery was eventually arranged for July 2007, when one part of the thyroid was removed. Unfortunately, the result showed there was a malignant tumour on the thyroid gland and the patient received an urgent phone call from UCHG to say

516 Cancer Treatment 27 May 2008. Services more surgery was necessary. Further surgery was carried out and it showed there was cancer of the thyroid gland with total invasion. Radio iodine ablation treatment was necessary. This young girl was put on the waiting list for St. Luke’s Hospital in Dublin and for St. Bartholomew’s Hospital in London. In November 2007, UCHG told the family Kerry Anne would receive treatment in St. Bartholomew’s Hospital in eight weeks’ time. The family was delighted with this breakthrough and waited patiently for two months for the call. The then worried and concerned parents rang the hospital to inquire about the commencement date of the treatment, but were told her name had been removed from the list. Some weeks later the family contacted St. Luke’s only to be told her name was not on the waiting list there. When they contacted UCHG, they were told her name had been removed from the St. Luke’s list because she was supposed to go to St. Bartholomew’s Hospital. This situation is the worst cock- up I have seen in my time in political office. Following this, Mrs. McLoughlin made a phone call to UCHG in which she could not hide her anger and frustration at the way she and her daughter had been treated by hospital authorities, particularly by someone whom I will not mention but who is on the Minister’s list and who was responsible for handling this case following surgery by Mr. Quill. Following her cry for help to St. Luke’s, an appointment for Kerry Anne was arranged the following day. However, she was informed that owing to the long waiting list in St. Luke’s, she will not be reached until after September, but before the end of the year. The distraught family has contacted a hospital in Belfast in desperation. The head of department there listened to the nightmare story of how this 17 year old girl’s life has been put at risk owing to the lack of services. A shocked consultant has promised to intervene and, hopefully, provide help. However, he is not able to provide the family with a definite appointment date at such short notice. This girl has lost a serious amount of weight, suffers from anaemia and lies in bed most of the day with no energy. She is unable to attend school and mix with her friends and feels that nobody cares about her. So much for our cancer strategy of early detection and treatment and our promise that cancer prevention is of utmost importance. This girl was told in UCHG that if one was to get cancer, her type of cancer is the best type to get. This is not a great consolation for a 17 year old girl. The family has decided to make one last plea for help. Before they go public with the heart- breaking story of this 17 year teenager, I implore the Minister to make an early and positive intervention in this sad case.

Minister of State at the Department of Health and Children (Deputy John Moloney): Iam taking this matter on behalf of the Minister for Health and Children, Deputy Mary Harney. As the Deputy will be aware, the organisation and management of the health services is the responsibility of the Health Service Executive. The HSE has advised the Department of Health and Children that in November 2007 the individual was referred to St. Luke’s Hospital, Dublin. Owing to the substantial waiting list for specialist radio iodine ablation treatment at that time, the medical team in University College Hospital Galway, UCHG, cancelled the appointment with a view to referring the individual to St. Bartholomew’s Hospital, London. The HSE has further advised the Department that this referral was not followed through by staff in UCHG due to an administrative error. The individual was again referred by her consultant to St. Luke’s Hospital on 11 March 2008. Scans have been arranged for 28 and 31 July and the individual will be admitted for treatment

517 Hospital 27 May 2008. Services

[Deputy John Moloney.] during the week of 10 August. The HSE would like to apologise to the individual and her family for the distress caused by the prolonged delay in her treatment as a result of a breakdown in the referral process. The HSE will also make every effort to get an earlier appointment for the individual with the consent of her referring clinician. The Department has sought and received assurances from Professor Tom Keane, director of the HSE national cancer control programme, that efforts are being made to ensure acceptable clinical waiting times for patients requiring radio isotope treatment. Professor Keane has already made significant progress in delivery of the programme to ensure equity of access to services and equality of outcome irrespective of geography.

Hospital Services. Deputy Ciara´n Lynch: I wish to share time with Deputy Kathleen Lynch.

Acting Chairman: Is that agreed? Agreed.

Deputy Ciara´n Lynch: Last February, we raised this issue of gynaecological services in Cork. On that occasion, the Minister of State, Deputy Hoctor, was acting on behalf of the Minister, who incidentally is not in the House this evening. She stated in her response that it was planned that some minor surgical procedures would be carried out at the Cork University Hospital on a trial basis on Thursday, 27 March, with the aim of expanding the gynaecology service from the first week in April. She stated the ultimate aim was to have the gynaecological theatre open on a five-day per week basis. She claimed these developments indicated that gynaecological services continued to be improved in Cork University Hospital. That was three months ago, but no improvement has taken place. Waiting times for Cork women in need of urgent gynaecological investigations are set to remain as health officials continue to renege on promised services and the Minister fails to deliver on her commitment. This is despite the warning from general practitioners in Cork that women’s lives are being put at risk by the wholly inadequate gynaecological service based at a maternity facility that cost \75 million. The doctors, members of the Cork city branch of the Irish College of General Practitioners, have described the situation as a disaster waiting to happen. Cork women over the age of 50 with suspected cancer of the womb have been forced to wait for months for crucial investigations, due to what has been described as underfunding in the service. These are women who could be treated in a morning. Two of the three operating theatres are closed and women with cancer will be told they cannot be examined. This is a diabolical state of affairs. A hospital in which \75 million has been spent on developing state-of-the-art gynaecological facilities has two of these facilities closed. This is because the HSE has failed to put staff in place due to a recruitment embargo by the Minister for Health and Children. I would like the Minister of State to inform the House this evening when the doors to these facilities will open and services will be put in place.

Deputy Kathleen Lynch: I thank Deputy Ciara´n Lynch for sharing time. When this matter was first raised, certain commitments were made. One commitment was that from September 2007 two of these theatres in Cork University Hospital would be opened on a part-time basis, leading in time to full-time occupancy. This has not happened. There are four operating lists for gynaecology for Cork University Hospital. A list comprises a half-day of operating. Of those four lists, two are taken up by two gynaecologists while ten

518 Hospital 27 May 2008. Services consultants must compete for time in the other two lists. There is one gynaecologist who specialises in investigation but has a list only every two weeks. The lives of women diagnosed with cancer are being put at risk. The necessary procedures could be carried out immediately. However, there is no space available at the theatres because the management at Cork University Hospital and HSE South have decided the money is not available to open them. One theatre could be opened for two days a week but this cannot be done because there are not enough staff to carry out the necessary sterilisation procedures for the theatre. I am sure Deputy Harney is still the Minister for Health and Children, despite the fact we have not seen her for some time. However, she takes no responsibility for this situation. I am not blaming the Minister of State at the Department of Health and Children, Deputy Moloney, as he is only here to do a job tonight. Someone, however, must be responsible. This is a disaster waiting to happen. Consultants in Cork University Hospital, dedicated professionals, are in such a plight they are fast becoming disillusioned. We all buy into the notion that more consultants are needed. With no operating theatres and no time available, they can only sit around drinking coffee. If this is what the consultants will have to do, why are we employing more? The Minister is responsible, despite the fact that she wants to keep the health service at arm’s length. She will eventually be made to confront the women in Cork whose treatment will be protracted. She is putting women’s health and their lives in danger because of these delays. She should face up to her responsibility and deal with the matter.

Deputy John Moloney: I am taking this matter on behalf of the Minister for Health and Children, Deputy Harney, as she is at another engagement. In fairness, last week she spent three hours in the House dealing with the cancer strategy on Private Members’ business. The Government is committed to the provision of high quality gynaecological services across the country, including the Cork region. There are currently five gynaecology theatre slots per week in Cork University Hospital, amounting to the equivalent of two and a half day’s service. Approximately 1,152 elective gynaecology procedures were carried out there in 2007. In addition, approximately 17 emergency gynaecological procedures are carried out each month. There are three operating theatres in Cork University Maternity Hospital, CUMH, one obstetric and two gynaecological theatres. The HSE has indicated that the obstetric theatre is fully staffed and the hospital has recently completed the recruitment process for several senior nursing staff for the gynaecology theatres. In addition, a consultant anaesthetist is being recruited to facilitate the commencement of a gynaecology service in CUMH. In the interim, gynaecology procedures continue to be carried out in Cork University Hospital. In March 2008 several minor surgical procedures were carried out in Cork University Maternity Hospital, on a trial basis. The ultimate aim is to have the gynaecology service operational on a full five-day per week basis. These developments illustrate that the gynaecological services continue to be improved in Cork University Hospital. The HSE has designated Cork University Hospital as one of two cancer centres in the managed cancer control network for the HSE South. The decision by the HSE to have four managed cancer control networks and eight cancer centres will be implemented on a managed and phased basis. The delivery of cancer services on a programmatic basis will serve to ensure equity of access to services and equality of patient outcome irrespective of geography. Professor Tom Keane took up his position as interim director of the national cancer control programme in November 2007. Professor Keane will engage in detailed planning to facilitate the progress-

519 Proposed 27 May 2008. Legislation

[Deputy John Moloney.] ive, gradual and carefully managed transfer of services between locations over the next two years. A decision on the location of gynaecological cancer services for the HSE South cancer control network will be made by Professor Keane and the national cancer control programme. The development of cancer services and the continuing emphasis on improving cancer care underline the Government’s commitment to providing safe and accessible services for patients in the southern region.

Proposed Legislation. Deputy Ulick Burke: The matter I raise was referred to me recently by a concerned constituent. While he was attending a food and drinks fair in England, he was given a sample of what is termed a “shot pack”. As a father and family man, it would frighten him, and likewise me, if this product were allowed into Ireland without strict controls. The shot products are advertised as “shots without glass”. The manner in which the product is promoted indicates it is intended for the teenage market. The product’s brochure claims it has revolutionised the single serve alcohol category by introducing a single shot of premium liquor in a lightweight, durable plastic pouch. The 50 ml shot comes in a safe, break-resistant plastic pouch which makes it safer than a glass and has built-in spout making it easy to pour no matter where it is taken. The stand-up pouch, which is sustainable and earth-friendly compared to rigid containers, has a tear feature for an immediate, ready-to-drink shot anywhere. The brochure claims these shots are perfect for concerts, sporting events, holidays, cruise ships and planes. It boasts, “You name it, you can take it anywhere” and “No glass to break, no liquor to spill”. This product of Canadian whiskey has an alcohol proof of 80%. It can be hidden easily on one’s person and brought into a nightclub without observation. The Minister of State as a publican knows that all liquor sales in the State must be licensed. I shudder to think what could happen if these products are allowed into this country. They originate in the United States, Mexico and the Virgin Islands. They are promoted by an English company. When I challenged the managing director of the company today, he said they had no products of 80% proof, despite the fact that I had one of them in my hands and he only admitted the fact then. They are out to increase the vulnerability of young people in this country. We decry the binge drinking of some teenagers but if this product is allowed in, where will it be sold? It certainly will not be sold in the usual outlets but rather in the forecourts of petrol stations and other places where there is easy access for young people on their way to the disco. The Minister of State has an ideal opportunity to include an amendment in the forthcoming legislation to prevent the sale of these products in Ireland. The manager of this company said that he is in active and forward negotiations to find an agency for the sale and distribution of this product in Ireland. I refer to the report by Dr. Ann Hope on alcohol-related harm in Ireland. It lists about 60 instances of the damage done by alcohol. The report highlights research which found that alcohol affects an adolescent brain differently from the adult brain. The damage from alcohol used during adolescence can have long-term, irreversible effects. I ask the Minister of State to bring to this matter to the attention of the Minister for Justice, Equality and Law Reform, to ensure that something provision will be included in the forthcoming legislation to prevent added misery being heaped on the teenage population of Ireland,

520 Proposed 27 May 2008. Legislation as demonstrated by the ease with which these products can be hidden on the person. Anywhere one goes, these products can go. We must prevent this situation.

Deputy John Moloney: I thank Deputy Ulick Burke for bringing this information to the House and for his proactive involvement in researching the case. I welcome this discussion of the alcohol-related harm which is so prevalent in our society and, in particular, the opportunity to mention the decisive action which the Government is taking to address the problem. Last year, the Health Research Board published its overview of health-related consequences of problem alcohol use in which it drew attention to the fact that alcohol consumption in Ireland has increased significantly over recent decades. We have one of the highest levels of alcohol consumption in the European Union. In 2006, alcohol consumption levels in this country were about 30% higher than the EU average. Moreover, we have a particular problem with binge drinking which is far more common here than in other EU countries. The 2007 Eurobarometer survey found that 34% of Irish drinkers consumed five or more alcoholic drinks in one sitting compared with the EU average of 10%. When asked about the frequency of consuming five or more drinks on one occasion, 54% of respondents in Ireland stated that they did so at least one a week. This was the highest figure recorded for any of the countries in the survey. Ireland emerges with the highest level of binge drinking. The health-related consequences of excessive alcohol consumption are by now well known. They include an increased incidence of accidents, injuries, domestic violence and suicide. Adverse social and economic consequences include absenteeism and loss of productivity. I do not need to spell out the impact of excessive alcohol consumption on levels of crime, public disorder and anti-social behaviour. I wish to detail the decisive action which the Government is taking to combat alcohol-related harm. The Government alcohol advisory group was established last January last to conduct an urgent examination of the public order aspects of the sale and consumption of alcohol. It submitted its report on 31 March 2008 which contains 31 recommendations for legislative and other reforms in areas covered by its terms of reference. On 22 April, the Government approved the drafting of the Intoxicating Liquor Bill 2008 which contains proposals for urgent reforms to licensing law and public order legislation in response to certain recommendations in the report. Both the report and details of the proposed legislation were subsequently published. Drafting of the Intoxicating Liquor Bill 2008 is at an advanced stage and the Minister for Justice, Equality and law Reform intends to present it to the Da´il in the very near future. With the support of both Houses, he is confident that this legislation can be enacted before the summer recess. On the specific subject matter of this discussion, the product in question appears to be a distilled spirit-based drink, originating in Mexico, Canada and other countries and marketed in lightweight plastic containers. Each container holds a single serving. These products have high alcohol content, typically of 35% to 40%, although Deputy Burke said it is close to 80%, which is alarming. While it is not clear at this stage that they are being promoted specifically with young people in mind, the fact that the containers are light, portable and easy to conceal means that they could be attractive to persons under the age of 18. The Department of Justice, Equality and Law Reform is currently in contact with the Depart- ment of Health and Children about this product and both Departments will explore the possibility of a statutory prohibition or controls on its marketing. However, where any product is in free circulation within the EU internal market, difficulties arise in prohibiting its circulation

521 Court 27 May 2008. Procedures

[Deputy John Moloney.] and consumption within a single country. The introduction of specific national controls or regulations is also problematic. Some Members may recall that a similar problem arose in 2004 with regard to plastic sachets of vodka, known as Bullseye Baggies, which had been placed on the market and which appeared to be directed at young people. The then Minister for Justice, Equality and Law Reform sought and obtained the co-operation and agreement of the licensed trade, both the on- trade and off-trade, not to market the product and this strategy proved effective and successful. The Minister would ask the drinks industry and the licensed trade for their support and co- operation in refusing to market and supply the product. There now is a high level of awareness of the extent of alcohol-related harm in our society and anything that is likely to exacerbate or add to existing problems should be avoided. I thank Deputy Burke for raising this issue and for providing the opportunity for this discussion.

Personal Statement by Member. Acting Chairman: Before dealing with the last matter on the Adjournment, Deputy Ulick Burke wishes to inform the House of a correction he wishes to make to the record of the House.

Deputy Ulick Burke: It has been brought to my attention that during the course of a Second Stage debate on the Twenty-Eighth Amendment of the Constitution Bill 2008, on 10 April 2008, when referring to the administration of the REPS, what I said could be construed as criticising an individual who may be identifiable though not named. I regret if my remark could be construed as reflecting on any individual concerned, as this was not my intention.

Adjournment Debate (Resumed).

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Court Procedures. Deputy Charles Flanagan: I welcome my constituency colleague, Deputy John Moloney, to the Da´il Chamber in his ministerial capacity and I wish him well in health and happiness in that role. I wish to address the current situation regarding outstanding warrants and court orders, committal applications and other applications, be they bench warrants or otherwise, that have gone unenforced. I do not have the exact figures to hand but I ask the Minister of State to provide the House with the up to date and exact figures. It seems to me there 9 o’clock could be up to tens of thousands of bench warrants actively recorded which remain unexecuted. Many of these are committal applications on foot of court orders lawfully given and granted. I venture to suggest that among these tens of thousands could be many serious criminal cases which gives rise to questions of public safety where there may be suspects at large. These may be persons responsible for serious criminal offences who have been ordered to turn up in courts but have failed to do so. Whether any efforts are being made to track them down to bring them to court, to ensure compliance with the court order, is in doubt. A couple of years ago, the matter attracted the attention of the Comptroller and Auditor General who pointed to gross inefficiencies in the system. In expressing his concern, he recommended that certain action be taken. I would like to know what has happened since those remarks were made.

522 Court 27 May 2008. Procedures

Earlier this year, a judge in a case in Donegal struck out an application for a bench warrant when it was discovered that it was over four years old. The judge felt that justice would not have been done by validating, implementing or executing a warrant which had been outstanding and unenforced for a period of four years. That is indicative of the type of problem which is bringing the justice system into disrepute. Is it a question of Garda resources? Is the Garda properly resourced to deal with these matters? Is priority being given in Garda districts to deal with such matters? Are specific officers designated in Garda areas with the responsibility of dealing with these matters? If it is not a question of Garda manpower or willpower, is there a problem with the computer system or other communications? Is there a difficulty in executing these warrants because Garda computer equipment is faulty, outdated or in need of review? What reforms are in the offing? Earlier this year, the Fines Bill was listed on the schedule of legislative reform. That legislation would have the effect of allowing fines to be paid by instalments, as well as improving the means of assessing a person’s ability to pay. If both these measures were introduced it might obviate the need for outstanding bench warrants or unenforced committal orders. Yet the Fines Bill has been withdrawn by the Government for reasons that have not been properly explained to the House. In January this year, there were 35,000 outstanding bench warrants. How many of those have been executed since? What improvements have been made to reduce that figure? If we do not have targeted action to reduce these tens of thousands of outstanding warrants — many of them concerning bail and others concerning serious criminal charges — we are undermining the integrity of the criminal justice system. By not dealing with these issues, we will also be putting down a direct challenge to the authority of the courts. I thank the Ceann Comhairle for giving me the opportunity to raise this matter and I thank the Minister of State for replying to it. I hope we can achieve a targeted reduction by way of adopting a strategic approach to this issue. In that way, by the end of this year, we can perhaps show that we have tackled the problem, thus averting a serious issue which is bringing the law into disrepute.

Deputy John Moloney: I thank Deputy Charles Flanagan for his good wishes and for dis- playing his usual decency. The Minister for Justice, Equality and Law Reform regrets that owing to other business he is unable to be here for the debate this evening. In any criminal justice system it is inevitable that, at any given time, there will be a significant number of warrants awaiting execution. It should be borne in mind, too, that the vast majority of the outstanding warrants concern financial penalties, not violent crime. The Garda Sıóchańa continues to give priority to the enforcement of warrants arising in serious cases. Apart from the large volume of warrants being issued, there can also be unavoidable reasons why warrants take time to execute or, indeed, prove ultimately unenforceable. Many individuals are subject to multiple warrants and try to evade Garda attention through moving to different addresses. Of its nature, it is difficult to be precise as to what level of outstanding warrants at any point in time represents the optimal situation. The number of warrants outstanding has to be seen partly from the perspective that the strength of the Garda Sıóchańa is now over 13,800. The Minister has been informed that the Garda authorities are committed to strengthening the warrants enforcement process. The Garda Commissioner has raised the issue of the execution of warrants with each regional assistant commissioner. A range of measures aimed at reducing the number of warrants on hand has been identified and these are being implemented. The measures include the reassignment of additional gardaı´ to this function. The position is being closely monitored by senior Garda management and consideration is also being given, at an organisational level, to further measures to address the situation.

523 The 27 May 2008. Adjournment

[Deputy John Moloney.]

The Minister is also taking a number of steps to deal with this issue. A particular difficulty is that cases concerning the non-payment of fines clog up the courts system, since gardaı´ must seek warrants to enforce their payment. A pilot project was introduced by this Department under which outstanding fines were pursued in terms of debt collection by an outside agency rather than moving directly to the stage where gardaı´ seek a warrant. The pilot project suggests that this proved successful as an alternative method of fine collection. The Department, in consultation with the Garda and the Courts Service, is considering how best to take this forward. There is also a Fines Bill currently before the House. Among other things, it provides for the payment of fines by instalment and an improved means of assessing the capacity of a person to pay a fine. These proposals, if implemented, will result in a smaller number of warrants being issued and thus reduce pressure on the warrant system. The Minister is also examining other legislative measures which might help to improve the efficiency of the fines collection system, particularly by reducing the amount of Garda time dedicated to the warrants process. The third programme of law reform of the Law Reform Commission has been approved by Government and is now under way. It includes an examination of the enforcement of court orders and the service of proceedings in both civil and criminal cases, in particular the procedure for the execution of bench warrants and search warrants. This topic was included because it is recognised that there are significant difficulties in this area at present and that the procedural problems in this area have resulted in an inefficient use of resources. Based on experience with the Law Reform Commission, which invariably produces reports and recommendations of the highest standard, the work of the commission should prove of immense value in this area. The Minister and the Garda Commissioner are aware of the importance of administering an efficient warrants process and will continue to monitor the operation of the system with a view to making whatever changes may be necessary to improve its operation.

The Da´il adjourned at 9.05 p.m. until 10.30 a.m. on Wednesday, 28 May 2008.

524 Questions— 27 May 2008. Written Answers

Written Answers.

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

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

Questions Nos. 7 to 87, inclusive, resubmitted.

Questions Nos. 88 to 94, inclusive, answered orally.

Homeless Persons. 95. Deputy Michael D’Arcy asked the Minister for the Environment, Heritage and Local Government if he has been in contact with the Health Service Executive or the Department of Health and Children regarding the funding for staff to operate homeless shelters that were constructed with funding from his Department; and if he will make a statement on the matter. [20840/08]

105. Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government his policy towards homelessness; if he is satisfied that it is tackling the issue; and if he will make a statement on the matter. [18701/08]

455. Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government if he is compiling interdepartmental proposals or research to tackle the issue of homelessness in the future; and if he will make a statement on the matter. [18703/08]

457. Deputy Arthur Morgan asked the Minister for the Environment, Heritage and Local Government the status of the new national homeless strategy; if his Department has set a launch date for this strategy; when the launch date can be expected; and if he will make a statement on the matter. [20976/08]

461. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government when the new national homeless strategy will be published; and if he will make a statement on the matter. [21039/08]

462. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if, in advance of the publication of the forthcoming national homeless strategy, a 525 Questions— 27 May 2008. Written Answers

[Deputy Phil Hogan.] comprehensive agreement and commitments have been obtained by all statutory stakeholders on targets and budgets to fund the strategy’s implementation; and if he will make a statement on the matter. [21040/08]

463. Deputy Ciara´n Lynch asked the Minister for the Environment, Heritage and Local Government if plans are underway at his Department to draft and deliver an implementation plan which would set out the way the targets in the forthcoming National Homeless Strategy will be met; and if he will make a statement on the matter. [21041/08]

478. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government if he will publish the next national homeless strategy within the coming weeks; and if he will make a statement on the matter. [21191/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 95, 105, 455, 457, 461 to 463, inclusive, and 478 together. Homelessness involves a complex interplay between personal, economic, social and structural issues and the Government is, therefore, committed to addressing homelessness in a comprehensive and coordinated manner. Significant progress has been made since the adoption of the Integrated Government Strategy on Homelessness in 2000. This has resulted in an improvement in both the quality and range of services for homeless persons, leading to a reduction in the number of persons classified as homeless. There are a number of streams of funding which support the running costs of homeless services. My Department is responsible for accommodation and related costs for homeless persons and, under section 10 of the Housing Act 1988, recoups 90% of expenditure by local authorities for such purposes. Funding to local authorities under section 10 has increased significantly in recent years and, in 2008, the provision exceeds \53 million. The funding of care-related costs for homeless services is the responsibility of the Health Service Executive. Discussions have taken place at Ministerial level in relation to the provision of funding by the HSE for the opening or bringing into full operation of certain new homeless facilities and my officials are engaging with the HSE and Department of Health and Children to achieve a satisfactory resolution of the issues involved as quickly as possible. To underpin future progress on homeless issues, a revised Government strategy on homelessness is being developed by my Department, under the aegis of the Cross Department Team on Homelessness with input from the National Homeless Consultative Committee, which includes representatives of local authorities, the HSE and voluntary bodies. The work of these groups helps to ensure a full and integrated response to the many needs and issues involved. The strategy will aim to eliminate long term occupation of emergency homeless accommodation and the need to sleep rough by 2010, and will also address the prevention of homelessness, where possible. This builds on the commitments in both the Programme for Govern- ment and the social partnership agreement, Towards 2016. It will include specific national and local actions and will be implemented in accordance with timelines for the key objectives set out in the strategy, supported by a specific implementation plan to be put in place following the strategy’s publication. I expect the revised strategy to be submitted to Government shortly, with publication to follow as soon as possible thereafter.

526 Questions— 27 May 2008. Written Answers

Water and Sewerage Schemes. 96. Deputy Pa´draic McCormack asked the Minister for the Environment, Heritage and Local Government if he will reform the Environmental Protection Agency 2000 standard for septic tanks in order to promote more effective treatment systems; and if he will make a statement on the matter. [20865/08]

99. Deputy P. J. Sheehan asked the Minister for the Environment, Heritage and Local Government the measures he is planning to ensure compliance with building regulations and planning permission conditions in relation to septic tanks or a minimum quality of treated effluent; and if he will make a statement on the matter. [20892/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 96 and 99 together. The Environmental Protection Agency (EPA) is currently finalising a revised edition of their Code of Practice on Wastewater Treatment Systems serving Single Houses in consultation with all interested parties, including my Department. Part H of the Building Regulations (Drainage and Waste Water Disposal) sets out the requirements for the treatment of effluent from wastewater systems. The relevant Technical Guidance Document H provides guidance on how to comply with the requirements of Part H and incorporates, inter alia, Irish Standard Recommendation SR:6 of 1991 — Recom- mendations for Domestic Effluent Treatment and Disposal from a Single Dwelling House, issued by the National Standards Authority of Ireland (NSAI). Compliance with the Building Regulations is primarily the responsibility of the builder and the owner of the building while their enforcement is a matter for the 37 local Building Control Authorities. A new European Standard for small wastewater treatment plants has been introduced and will come into force on 1 July 2009. The need for new systems to comply with this standard, together with recommended performance levels for treatment systems, has been brought to the attention of Local Authorities by Circular Letters from my Department in November 2006 and January 2008 respectively. I understand that the EPA Code of Practice on Wastewater Treatment Systems, when finalised, will refer to relevant European Standards and that the NSAI propose to withdraw SR6: 1991, in favour of this Code of Practice. Moreover, I will amend Technical Guidance Document H to include the Code of Practice in the guidance document.

Register of Electors. 97. Deputy Damien English asked the Minister for the Environment, Heritage and Local Government the plans he has to reform the electoral register; and if he will make a statement on the matter. [20849/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In law, the preparation of the Register of Electors is a matter for each local registration authority. It is their duty to ensure, as far as possible and with the cooperation of the public, the accuracy and comprehensiveness of the Register. In working to compile the Register for 2007/8, local authorities undertook and completed, with assistance from my Department, the most extensive registration campaign in decades. On the basis of the work undertaken, I am satisfied that local authorities achieved a significant improvement in the accuracy and comprehensiveness of the Register compared to previous

527 Questions— 27 May 2008. Written Answers

[Deputy John Gormley.] years. The task now for local authorities, in relation to the Register, is to maintain and build on the progress made to date. Beyond that, the Programme for Government contains a commitment to establish an independent Electoral Commission. The Commission’s responsibilities will include taking charge of the compilation of a new national rolling electoral register. In this regard, I welcome the recent report of the Joint Committee on Environment, Heritage and Local Government in relation to The Future of the Electoral Register in Ireland and Related Matters. The report is consistent with the commitment contained in the Programme for Government to establish an Electoral Commission, and is an important input to future Government decisions in this area.

Motor Taxation. 98. Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Govern- ment the attempts he has made to inform prospective car owners of tax changes due to be implemented; and if he will make a statement on the matter. [20819/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): As announced in my Carbon Budget of 6 December 2007, a fundamental change is being made in the manner in which motor tax is charged for new cars to give effect to the commitment in the Programme for Government to introduce measures to rebalance motor tax in favour of cars with lower CO2 emissions. The Motor Vehicle (Duties and Licences) Act 2008, giving effect to the changes was enacted in March.

The new motor tax system complements the new CO2 based VRT system which applies to the purchase of a new car and which is administered by the Revenue Commissioners. Both the new CO2 based motor tax system and VRT systems come into operation on 1 July 2008.

Linking the VRT and motor tax rates to CO2 emission levels will mean that those purchasing cleaner, low emission cars will pay less while those opting to purchase higher emitting vehicles will pay more. Both systems apply the same seven bands for determining the taxation class. My Department has worked closely with the Revenue Commissioners, the Department of Transport and the motor industry to ensure the smooth introduction of the new system. The websites of both my Department and the Revenue Commissioners include comprehensive information, including questions and answers, on the new motor tax and VRT systems. Information on the new motor tax system has been supplied and is available on motor tax offices websites. The website of the Society of the Irish Motor Industry (SIMI) has more specific information on the CO2 emissions ratings of individual car makes and models as does the website of Sustainable Energy Ireland. On a more individual basis, motorists who registered their cars in the first six months of this year will, next month, prior to receipt of the motor tax renewal notice, receive a letter explaining the new system and how it affects their motor tax position. Many of these owners will be transferred to the new CO2 based system on first renewal of their motor tax.

A key part of both the new CO2 based motor tax and VRT systems will be a new mandatory labelling system for cars based on CO2 emission levels. Experience has shown that existing labelling requirements are not sufficiently consumer- friendly, and that an improved design would be beneficial to car buyers. It is my intention to introduce a new information label based on the seven CO2 bands from 1 July. The label will be similar to the energy-rating label which already exists for many consumer electrical goods

528 Questions— 27 May 2008. Written Answers and which is already familiar to consumers. The label will also include information on fuel efficiency, the amount of motor tax and the applicable rate of vehicle registration tax. In this way, consumers will be fully aware of the incentives that are being created through changes to the motor taxation system. This will assist them in making informed decisions. The new labelling regime will be promoted as part of the climate change campaign. Separate legislation to give effect to labelling proposals will be brought forward shortly.

Question No. 99 answered with Question No. 96.

Proposed Legislation. 100. Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government the contact he has had with the Department of Justice, Equality and Law Reform regarding putting the National Property Services Regulatory Authority on a statutory footing; if he has plans to amend the Planning Acts to give greater clarity to the role and responsibilities of property management companies; and if he will make a statement on the matter. [20858/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The Department of Justice, Equality and Law Reform is currently preparing legislation to establish the National Property Services Regulatory Authority (NPSRA) on a statutory footing. This legislation will provide for licensing and standards-setting for property management agents and other property services providers. Details of the proposed legislation are available on that Department’s website, www.justice.ie. The legislation will give effect to key recommendations of the Auctioneering-Estate Agency Review Group on which my Department was represented. My Department was also consulted in 2006 by the Department of Justice, Equality and Law Reform as part of that Department’s preparation of proposals for the Government regarding the establishment of the NPSRA. More recently the two Departments have been in contact as the Department of Justice, Equality and Law Reform drafts the legislation. My Department has no function in relation to the operation of property management companies. These companies, consisting of the owners of dwellings, are generally constituted under the Companies Acts and are required to operate in compliance with company law, which comes within the area of responsibility of the Minister for Enterprise, Trade and Employment. The Department of Justice, Equality and Law Reform has the lead role in progressing issues relating to management companies. It chairs a high-level interdepartmental committee, also involving the Department of Enterprise, Trade and Employment, the Department of Finance and my Department, to consider the matters involved, including any recommendations for legislative changes that may be contained in the Law Reform Commission’s forthcoming Report on Multi-Unit Developments. Any necessary legislation relating to the regulation of management companies will be progressed by the Department of Justice, Equality and Law Reform, with the Department of Enterprise, Trade and Employment being involved in relation to any company law aspects. Subject to the finalisation of the above processes, I have no proposals to amend the Planning and Development Act 2000 in relation to management companies. However, my Department has issued updated policy guidance to planning authorities on the taking in charge of estates. One of the main principles now set out in the overall framework for taking in charge is that, in general, planning authorities must not require the establishment of management companies as a condition of planning in respect of traditional housing estates, save in very exceptional circumstances.

529 Questions— 27 May 2008. Written Answers

Social and Affordable Housing. 101. Deputy Michael Noonan asked the Minister for the Environment, Heritage and Local Government the reforms he plans to introduce to adequately fund construction of social and affordable housing to meet the targets as set out in the programme for Government and the Towards 2016 social partnership document; and if he will make a statement on the matter. [20877/08]

103. Deputy Michael D. Higgins asked the Minister for the Environment, Heritage and Local Government the number of houses developed under the social housing scheme and the number of houses developed under the affordable housing scheme since the introduction of Part V of the Planning and Development Act 2000; the number of applicants on the waiting list for social housing and the number on the waiting list for affordable housing in the same period. [20784/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 101 and 103 together. The Government’s housing policy statement, Delivering Homes, Sustaining Communities, and the National Development Plan 2007-2013 (NDP) reflect the strong commitment to expand social and affordable housing provision contained in the social partnership agreement Towards 2016. The NDP provides the resources — some \18 billion in total — which will support increased output from social and affordable housing measures and result in the needs of some 140,000 new households being met in this period. Within this, a significant programme of activity to assist house purchase is provided for. In particular, over the period of the NDP, some 40,000 households will benefit from affordable housing. In addition, the needs of some 100,000 households are to be met through a range of social housing measures, including through the commencement and acquisition of 63,000 new social homes in the period 2007-2013. Over the period 2007 to 2009, sufficient resources will be made available to commence or acquire some 27,000 of these. The impact of the record levels of investment this Government is committing to these housing programmes is already evident. Last year, over 13,000 social and affordable housing units were delivered and, overall, the needs of almost 18,300 households were met through the broad range of social and affordable housing programmes, 24% up on 2006. The funding provided for housing programmes has been increased again in 2008, with some \2.5 billion available to local authorities and the voluntary and co-operative sectors for their activities. This will allow for the commencement of a significant number of new social housing units, further progress under regeneration programmes, and the completion of a large number of units under both the local authority and voluntary housing programmes. Preparations for the introduction of a new Incremental Purchase Scheme are also underway and a study on affordable housing delivery mechanisms is currently the subject of a public consultation process, with a view to submitting proposals to Government in due course. I am satisfied that Part V of the Planning and Development Acts is operating effectively, evidenced by its significantly increased delivery of both social and affordable housing. From a position where just 46 homes were delivered under Part V in 2002, delivery has increased significantly since then, with over 3,240 social and affordable homes coming on stream under this mechanism in 2007. In total, up to the end of 2007, over 7,600 social and affordable houses had been acquired and in excess of 5,000 units were in progress at that stage on foot of Part V agreements with developers.

530 Questions— 27 May 2008. Written Answers

Local authorities are currently carrying out the 2008 statutory housing needs assessment, the results of which will be published in due course. While comprehensive information on the numbers applying for affordable housing is not collected by my Department, the indications are that demand for affordable housing remains strong in certain areas, particularly in the Greater Dublin Area and near other major urban centres.

Electoral Commission. 102. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government when he will set up the electoral commission; and if he will make a statement on the matter. [20832/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Programme for Government contains a commitment to establish an independent Electoral Commission which will take responsibility for electoral administration and oversight, implement modern and efficient electoral practices, revise constituency boundaries, take charge of compiling a new national rolling electoral register, take over the functions of the Standards in Public Office Commission relating to election spending, and examine the issue of financing the political system. This reform project spans the entire electoral agenda and is clearly the most far-reaching and ambitious reform measure affecting electoral administration in Ireland since the foundation of the State. The establishment of an Electoral Commission will be a major body of work with issues arising for consideration including international best practice, the Commission’s structure and functions, who it reports to, its relationship with other bodies currently involved, and the approach to be followed in relation to the extensive legislation that will be required. As a first input to this process, my Department has appointed consultants to carry out preliminary research on the issues arising in relation to the establishment of the Electoral Com- mission. The consultants’ work has recently begun.

Question No. 103 answered with Question No. 101.

Waste Management. 104. Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government the steps being taken to reduce the amount of waste going to landfills in view of the recent ESRI report that found that 80% of household waste is going to landfills, that there is a discrepancy between the stated policy of the Government and the policies in place regarding landfill and that European Union targets on reducing waste going to landfills will be missed; and if he will make a statement on the matter. [20793/08]

107. Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government the steps, following a report by the Environmental Protection Agency in 2008 that found that the volume of waste going to landfill is increasing and that Ireland is in significant danger of missing its European Union targets for diverting recyclable waste from landfill, he is taking to reduce the amount of waste going to landfill; and if he will make a statement on the matter. [20794/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 104 and 107 together. Council Directive 1999/31/EC on the landfill of waste sets challenging targets for the diversion of biodegradable municipal waste from landfill. In the case of Ireland, the diversion rates

531 Questions— 27 May 2008. Written Answers

[Deputy John Gormley.] required are projected to equate to 59% for 2010, 73% by 2013 and 80% by 2016 for this particular waste stream. The recent National Waste Report 2006 published in January 2008 by the EPA presents the scale of the challenge in sharp focus: while the recovery rate for this waste stream increased to 38% from 35% in 2005, the quantity of this waste going to landfill rose by 15%. A National Strategy on Biodegradable Waste, published in 2006, sets out a wide range of integrated measures, designed in accordance with the waste hierarchy, to support biodegradable municipal waste minimisation and diversion from landfill. The Programme for Government is clearly committed to the effective implementation of this Strategy. My Department is supporting the roll-out by local authorities of segregated ‘brown bin’ collections for food and garden waste; this will make a significant contribution to diversion of household waste from landfill as we have already seen in places like Galway and Waterford. In addition, it has become clear that landfill gate fees have fallen thereby making landfill more attractive as a waste disposal option. I have, therefore, recently announced my intention to increase the landfill levy to encourage recycling and will shortly be making an Order and associated Regulations to give effect to the proposed increase. In line with the commitment given in the Programme, a major review of waste policy is currently being initiated. The review will examine the potential contribution that mechanical- biological treatment (MBT) and other technologies can deliver towards our landfill diversion targets, particularly in the context of recovering the biodegradable fraction in residual waste arising from domestic households. I have already placed on the record my position that an over reliance on incineration is not the answer for residual waste treatment.

Question No. 105 answered with Question No. 95.

Planning Issues. 106. Deputy Kathleen Lynch asked the Minister for the Environment, Heritage and Local Government the policy guidance documents in the planning and housing areas which have been produced which specifically target multi-unit living and the issues of sustainability, well designed quality housing, and proper social community and transport networks; and the legal standing of same. [20781/08]

118. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government the legal standing of guidelines in relation to planning issued by his Department; the guidelines that have been issued by his office since he took office; and the legal standing of these guidelines. [20777/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 106 and 118 together. Guidelines for planning authorities are issued by my Department as statutory guidelines under section 28 of the Planning and Development Act 2000, which requires planning authorities to have regard to them in the performance of their functions. In September 2007, I issued Guidelines for Planning Authorities on Sustainable Urban Hous- ing: Design Standards for New Apartments. The primary aim of these guidelines on design standards for new apartments is to promote sustainable urban housing by ensuring that the design and lay-out of new apartments will provide satisfactory accommodation for a variety of household types and sizes, including families with children, over the medium to long term.

532 Questions— 27 May 2008. Written Answers

More recently in February 2008, I published draft Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas for public consultation. These draft guidelines promote high design standards in new residential developments, encourage higher density developments at appropriate locations such as those with access to public transport, and emphasise that new residential development must be integrated with facilities and services for the new community. In addition, Guidelines for Planning Authorities on Development Management and Guide- lines for Planning Authorities on Development Plans were issued by my Department in June 2007. In March 2007, my Department also published design guidelines on housing entitled Quality Housing for Sustainable Communities in follow up to the Government’s housing policy statement, Delivering Homes, Sustaining Communities, which was published in February 2007.

Question No. 107 answered with Question No. 104.

Question No. 108 answered with Question No. 94.

Local Authority Funding. 109. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the shortage of funding affecting all local authorities; if he has proposals to address the issues; and if he will make a statement on the matter. [20766/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): This year I am providing \999.2m in general purpose grants from the Local Government Fund to local authorities. These grants are my contribution to local authorities to meet the difference between the cost to them of providing an acceptable level of day to day services and the income available to them from local sources and specific grants. The amount being made available for general purpose grants has been increased by some \51.5m, or 5.4%, over the amount provided for 2007. I am satisfied that the general purpose allocations I have provided for 2008, together with the income available from local sources and specific grants, will enable local authorities to provide an acceptable level of services to their customers. In my green paper Stronger Local Democracy — Options for Change, I have recognised the financial challenges facing local government in the coming years, and the specific task assigned to the new Commission on Taxation to consider and make recommendations on the options for the future financing of the sector.

EU Directives. 110. Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government the number of legal cases conceded or lost by his Department with regard to the non-implementation of EU directives; and if he will make a statement on the matter. [18843/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The European Court of Justice has delivered judgments in fourteen cases relating to EU environmental laws in areas for which my Department has responsibility. In one case, case C- 216/05, the Court dismissed the action by the Commission.

533 Questions— 27 May 2008. Written Answers

[Deputy John Gormley.]

In thirteen cases, the Court found fully or partly against Ireland. Five of these cases have now been closed. My Department is working to meet the requirements of the court on the other eight cases, which are at various stages of proceedings as set out in the following table.

European Directive / Regulation Date of judgement Current stage in proceedings Court of Justice: Reference

C-392/96 85/337/EEC on the assessment of the September 1999 Closed, September 2005 effects of certain public and private projects on the environment C-67/99 92/43/EEC on habitats September 2001 Article 228 Reasoned Opinion C-117/00 79/409/EEC on wild birds June 2002 Article 228 Reasoned Opinion C-316/00 80/778/EEC on the quality of drinking November 2002 Article 228 Reasoned Opinion water for human consumption C-396/01 91/676/EEC on nitrates March 2004 Closed, October 2007 C-460/03 2000/53/EC on end of life vehicles October 2004 Closed, June 2006 C-406/03 Regulation (EC) No 2037/2000 of 29 June October 2004 Closed, June 2006 2000 on Substances that Deplete the Ozone Layer C-494/01 75/442/EEC the waste directive April 2005 Article 228 Letter of Formal Notice C-282/02 76/464/EEC on dangerous substances in June 2005 Article 228 Reasoned Opinion water C-216/05 85/337/EEC on the assessment of the November 2006 Closed, November 2006 effects of certain public and private projects on the environment C-183/05 92/43/EEC on habitats January 2007 European Court of Justice decision to be implemented C-391/06 2003/4/EC on public access to May 2007 Closed, June 2007 environmental information C-248/05 80/68/EEC on groundwater October 2007 European Court of Justice decision to be implemented C-418/04 79/409/EEC on wild birds December 2007 European Court of Justice decision to be implemented

State Bodies. 111. Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government if his Department will complete an efficiency review and audit of all State agencies and bodies under the responsibility of his Department; if he has plans to merge or abolish any State agencies or bodies; and if he will make a statement on the matter. [20597/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Arising from the Budget Day announcement by the Ta´naiste and Minister for Finance, an efficiency review of all administrative spending has been conducted by my Department including agencies under the aegis of the Department. The results of the review have been communi- cated to the Department of Finance. My Department has also commenced a review of the Local Government Management Services Board and the Local Government Computer Services Board with a view to maximising the most effective and efficient delivery of the services provided by these agencies to the local government sector.

534 Questions— 27 May 2008. Written Answers

Private Rented Accommodation. 112. Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government the measures in place to ensure that local authorities comply with the guidelines set out in the Good Practice Guidelines for Local Authorities on Standards in the Private Rented Sector, Strategic Planning, Effective Enforcement. [20785/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations, 1993. Responsibility for enforcing the regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department. As part of the Action Plan to promote improvement in standards of private rented accommodation, my Department requested the Centre for Housing Research to undertake a study of measures to promote improvements in these standards and develop good practice guidelines to assist housing authorities in their functions relating to the private rented sector. Two reports — the first entitled Good Practice in Housing Management: Guidelines for Local Authorities, the second Promoting Improved Standards in the Private Rented Sector: Review of Policy and Practice — were published by the Centre in late 2007 and were launched by my predecessor at the Housing Practitioners’ Conference in November 2007. Copies of these reports were circulated by the Centre for Housing Research to a wide range of relevant bodies including local authorities. As set out in the reports, it is a matter for each local authority, having regard to its particular situation, to decide on its own approach to the recommendations contained in these reports. Relevant recommendations from the reports are also being taken into account in the review of the regulations relating to the standards for private rented accommodation, which is currently underway. I expect to be publishing revised regulations in July. In addition, my Department is providing significantly increased funds from the proceeds of tenancy registration fees to support local authorities in their inspection functions relating to the private rented sector. Over \7m has been provided to local authorities for this purpose since 2004, and I expect to provide further increased resources in respect of 2008, linked to actual inspection performance.

Proposed Legislation. 113. Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government his views on implementing change at local government level through directly elected mayors as considered in the recently published Green Paper, Stronger Local Democ- racy — Options for Change; and if he will make a statement on the matter. [20768/08]

124. Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government his views on the greater devolution of decision making from county to town councils as discussed in the Green Paper, Stronger Local Democracy — Options for Change. [20769/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 113 and 124 together. The Green Paper, Stronger Local Democracy — Options for Change, presents a set of options which share a common theme of strengthening local democratic leadership. In line with the commitment in the Programme for Government, Stronger Local Democracy proposes a

535 Questions— 27 May 2008. Written Answers

[Deputy John Gormley.] Regional Mayor for Dublin to address the strategic challenges the city faces. The Paper also considers that local leadership, accountability and connection with the citizen can be achieved through the provision of directly elected mayors, with key powers of initiative, for all counties and cities. Stronger Local Democracy proposes for examination measures such as the empowerment of existing town councils through devolved decision making and the negotiated transfer of functions from county to town level. The Paper states that town government can best be empowered by giving local councillors a greater say in decision making while working with county council staff and resources to implement those decisions. The Green Paper is part of a transparent, inclusive policy formulation process. It includes key proposals for strengthening local democracy and sets out a range of options as to how those proposals may be brought forward. Copies of Stronger Local Democracy have been sent to all members of the Oireachtas. My Department is now embarking on a public consultation process to inform the drafting of the White Paper, which I hope to finalise by year end. My own views are contained in the Green Paper, and I look forward to receiving responses from all concerned. Details of how to contribute to the consultation process are available on my Department’s website. I will also be holding a number of regional seminars in the coming weeks in order to gather as full a range of perspectives as possible.

Private Rented Accommodation. 114. Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government if he will rectify the anomaly whereby licensees of residential properties do not come under the jurisdiction of the Private Residential Tenancies Board and therefore this area of private rented accommodation is not subject to inspection by local authorities. [20773/08]

134. Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government if he will rectify the anomaly whereby, because licensees do not come under the jurisdiction of the Private Residential Tenancies Board, landlords are able to avoid tenancy registration requirements through licensing and other arrangements and consequently no statistics are kept on the number of such landlords or properties. [20772/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Question Nos. 114 and 134 together. Section 144 of the Residential Tenancies Act 2004 provides powers of direction in respect of a tenancy that is not registered with the Private Residential Tenancies Board (PRTB) but which, in the opinion of the Board, ought to be registered. The improper use of licensing arrangements in order to avoid tenancy registration is an offence under the Act and a person found guilty of such an offence is, on summary conviction, liable to a fine of up to \3,000 and/or up to six months imprisonment. The PRTB has a function of reviewing the operation of the Residential Tenancies Act 2004 and of making recommendations for the amendment of the Act and any other related enact- ments, where this is considered necessary. I am open to considering any such recommendations and am aware that the PRTB has recently identified possible amendments to the Act that may enhance the Board’s operations. These amendments are being considered in the context of the Housing (Miscellaneous Provisions) Bill which is currently being drafted.

536 Questions— 27 May 2008. Written Answers

I understand that the PRTB has, in reviewing the operation of the 2004 Act, considered licensing arrangements and makes no recommendations in this regard. Such issues are understood not to be the subject of a significant number of cases received by the PRTB. The Board is however mindful of the need to ensure that tenancy registration requirements are not avoided through licensing and other arrangements and will continue to adopt a robust approach in dealing with any such cases arising. Section 18 of the Housing (Miscellaneous Provisions) Act 1992 provides that the Minister may make regulations prescribing standards for houses let for rent or other valuable consideration. Minimum standards for private rented accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 1993. All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Responsibility for enforcing the regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department. The revision of the Standards Regulations is an important element of an Action Programme to promote improvement in standards, which was launched on foot of the Towards 2016 agreement. My Department, in consultation with local authority and sectoral representatives, is conducting a review of these Regulations and I intend to finalise the revised Regulations in July.

EU Directives. 115. Deputy Sea´n Sherlock asked the Minister for the Environment, Heritage and Local Government the steps that have been taken in response to the recent findings of the report compiled by the National Parks and Wildlife Service, The Status of EU Protected Habitats and Species in Ireland, that found that since the transposing of the European Union Habitats Directive over a decade ago the condition of many protected habitats have deteriorated; and if he will make a statement on the matter. [20797/08]

126. Deputy Sea´n Sherlock asked the Minister for the Environment, Heritage and Local Government the steps he has taken to ensure to provide more resources to the relevant authorities to address the poor and bad status of over 90% of protected habitats as found by the report compiled by the National Parks and Wildlife Service, The Status of EU Protected Habi- tats and Species in Ireland; and if he will make a statement on the matter. [20798/08]

137. Deputy Ro´ isı´n Shortall asked the Minister for the Environment, Heritage and Local Government the position regarding the report, The Status of EU Protected Habitats and Spec- ies in Ireland, compiled by the National Parks and Wildlife Service that found that of 59 protected habitats only 4% or 7% had good status overall with the remainder either poor or bad; and if he will make a statement on the matter. [20795/08]

139. Deputy Ro´ isı´n Shortall asked the Minister for the Environment, Heritage and Local Government the steps he has taken to address the threat to a number of protected species, including the freshwater pearl mussel, otter, hare and Atlantic salmon, that was identified in the report compiled by the National Parks and Wildlife Service, The Status of EU Protected Habitats and Wildlife Species in Ireland; and if he will make a statement on the matter. [20796/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 115, 126, 137 and 139 together. My Department’s Report on the Status of Habitats and Species in Ireland is the first comprehensive compilation of the status of those habitats, animals and plants in Ireland which have

537 Questions— 27 May 2008. Written Answers

[Deputy John Gormley.] protected status under national and EU law. The Report highlights the pressures and threats that habitats and species face in Ireland including through peat cutting, overgrazing and under- grazing, pollution, unsustainable exploitation, and from alien species and recreational pressure. The Report is important and highlights many substantial and difficult challenges. The critical issue in the next few years will be the need to maintain and restore habitats, especially in Special Areas of Conservation, and to monitor and report on changes achieved. Ireland is currently moving from a phase of designation to one of more targeted management and protection. This requires the involvement of land owners, Government Departments, planning authorities and licensing agencies, and my Department is carrying out substantial work with the relevant groups to improve the situation. The Programme for Government 2007-2012 includes a commitment to strengthen Ireland’s implementation of the Habitats Directive and I have secured greatly increased funding for my Department’s National Parks and Wildlife Service in 2008. The report was compiled according to a strict template provided by the European Com- mission. The template required that any deterioration in status in recent times should receive an assessment of “poor”; and any significant deterioration an assessment of “bad”. For a habitat or species to achieve good status, there must be evidence that it is being maintained or is improving, and it must have good prospects in the future. The results outlined in the report reflect the position that many of these habitats and species were already considered threatened, that Ireland has seen substantial economic growth and agricultural intensification, and that the assessments cover all the habitat or species range, both inside and, critically, outside protected areas. There are already significant policies and work programmes in place which will address the conclusions in the Report. These include the designation of Special Areas of Conservation and Special Protection Areas under the EU Habitats and Birds Directives, respectively; continued enforcement of the Habitats Regulations to protect SACs and SPAs; the Single Farm Payment scheme which removes incentives for overgrazing, the Commonage Framework Plans which assessed appropriate grazing levels on commonages; implementation of the Water Framework Directive; the Water Services Investment Programme; and the ban on drift netting of salmon. In relation to the freshwater pearl mussel, 19 sites have been designated as SACs for this species and these sites contain about 85% of the known populations of the mussel. The Forest Service of the Department of Agriculture, Fisheries and Food earlier in 2008 published a document on requirements for forestry management in the catchments of pearl mussel rivers. In addition, I will be making Regulations later this year on water quality objectives for freshwater pearl mussel rivers. Given the extreme threat to this species, my Department is also funding a programme of captive breeding in several locations. A number of significant steps have been taken in recent years to secure the long term future of the otter in Ireland. 44 SACs have been designated for the otter of which most are large sites incorporating extensive river, lake or coastal systems. My Department has also liaised closely with the National Roads Authority to prepare strict guidance for the protection of otters during the planning and construction of national roads. Furthermore, considerable efforts are being made under the Water Framework Directive and the Water Services Investment Programme, to improve water quality nationally. Significant progress has been made in recent years to eliminate water pollution from non-domestic and domestic sources and progress is also underway in this regard within the agricultural and forestry sectors. A Species Action Plan has also been recently published by my Department for the otter which outlines the conservation

538 Questions— 27 May 2008. Written Answers actions that are needed to secure the future of the otter throughout Ireland over the coming five years. In relation to the hare, my Department conducted the first national hare survey of Ireland in 2006 and 2007. The survey showed that the Irish hare is widespread, occurring throughout the entire country. However, population densities for Irish hare were found to be highly variable and it seems that populations can rapidly increase and decrease in a short space of time. My Department has also published, together with the Environment and Heritage Service in Northern Ireland, an all Ireland Species Action Plan for the Irish hare. This plan identifies actions to be delivered in areas such as policy and legislation, site safeguard and management and research and monitoring. Implementation of the actions identified is ongoing. While the recent survey estimates suggest that the population is healthy, the hare was assessed as “poor” in this report due to habitat loss through agricultural intensification and the expansion of towns and cities into formerly rural areas. Measures in relation to the Atlantic salmon include the ban on drift netting of salmon.

Boundary Committees. 116. Deputy Jim O’Keeffe asked the Minister for the Environment, Heritage and Local Government if the local electoral area boundary committees are up to date with their work; and when he expects to be in position to publish their reports. [20761/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): On 8 January 2008, I announced that I had established two boundary committees to review local electoral areas. The committees, which are independent in the performance of their functions, are required to report as soon as possible and, in any event, not later than 20 June 2008. The committees’ website is www.electoralareacommittees.ie.

Register of Electors. 117. Deputy Ciara´n Lynch asked the Minister for the Environment, Heritage and Local Government if he will implement the recommendations contained in the report by the Joint Committee on the Environment, Heritage and Local Government on the future of the electoral register in Ireland published in April 2008; and when will he introduce the required legislation. [20771/08]

451. Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government the status of the electoral register; and if he will make a statement on the matter. [20912/08]

452. Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government the number of names that incorrectly remain on the electoral register; and if he will make a statement on the matter. [20913/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 117, 451 and 452 together. In law, the preparation of the Register of Electors is a matter for each local registration authority. It is their duty to ensure, as far as possible and with the cooperation of the public, the accuracy and comprehensiveness of the Register. In working to compile the Register for 2007/8, local authorities undertook and completed, with assistance from my Department, the most extensive registration campaign in decades. On the basis of the work undertaken, I am satisfied that local authorities achieved a significant

539 Questions— 27 May 2008. Written Answers

[Deputy John Gormley.] improvement in the accuracy and comprehensiveness of the Register compared to previous years. The task now for local authorities, in relation to the Register, is to maintain and build on the progress made to date. Beyond that, I welcome the recent report of the Joint Committee on Environment, Heritage and Local Government in relation to The Future of the Electoral Register in Ireland and Related Matters. The report is consistent with the commitment contained in the Programme for Government to establish an Electoral Commission, with responsibilities to include compiling a new national rolling electoral register, and is an important input to future Government decisions in this area.

Question No. 118 answered with Question No. 106.

Question No. 119 answered with Question No. 94.

Ministerial Responsibilities. 120. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to a commitment (details supplied) to the effect that he would take responsibility for parliamentary questions relating to the administration and policy of local authorities thereby ensuring openness, accountability and transparency; and if he will make a statement on the matter. [20767/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): It is a matter for each local authority to deal with requests for access to information by a parliamentary representative as expeditiously as possible and in accordance with a proper level of customer service. In this regard local authorities are required to put in place arrangements to ensure that systems, procedures and time frames equivalent to those used by them in relation to correspondence from local authority members also apply in respect of parliamentary representatives. My Department has previously gathered information from local authorities on the practical application of the arrangements for the supply of specified information to Oireachtas members under the Local Government Act 2001 (section 237A) Regulations 2003. This information is being updated at present. Based on the further information received to date, I understand that local authorities are generally complying with these arrangements. I am however continuing to review this matter and, if necessary, will issue supplementary guidance to local authorities reminding them of the need to provide a reasonable level of service for Oireachtas members and facilitate them in carrying out their work on behalf of local communities.

Question No. 121 answered with Question No. 93.

Water and Sewerage Schemes. 122. Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the implications of the Waste Water Discharge (Authorisation) Regulations 2007, SI 684 of 2007, article 46 of the regulations, regarding funding of capital works (details supplied); and if he will make a statement on the matter. [15766/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Question No. 510 of 11 March 2008.

540 Questions— 27 May 2008. Written Answers

EU Directives. 123. Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government the warnings and opinions Ireland has received from the European Commission in respect of lack of compliance with the 1999 Landfill Directive; the matters that the European Commission has sought rectification of in these warnings; the Government response to these warnings; and if he will make a statement on the matter. [20792/08]

131. Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government the steps he has taken to respond to the final warning sent by the European Commission in respect of Ireland’s failure to properly transpose the 1999 Landfill Directive; if the Government has sent a reply by the deadline of 1 May 2008; and if he will make a statement on the matter. [20791/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Question Nos. 123 and 131 together. Ireland, by letter dated 16 May 2008, has responded to a letter from the European Com- mission dated 31 January in regard to matters concerning the transposition of elements of the Landfill Directive. The concerns of the Commission have been substantially addressed in the Waste Management (Registration of Brokers and Dealers) Regulations 2008 which include various provisions more effectively to transpose into national legislation definitions contained in the Landfill Directive. These regulations have now been formally notified to the Commission. A meeting has been requested with the Commission further to clarify positions on a small number of outstanding matters.

Question No. 124 answered with Question No. 113.

Question No. 125 answered with Question No. 93.

Question No. 126 answered with Question No. 115.

Local Authority Funding. 127. Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government if he will reiterate the commitment of his Department towards the policy of equalisation, which has existed for the past ten years in the local government fund grant application, as Longford County Council is very concerned at the small allocation towards equalisation measures in the local government fund grant allocation for 2008 (details supplied); and if he will make a statement on the matter. [15765/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): General purpose grants from the Local Government Fund are structured to bring about equalisation, over time, so that each authority will have sufficient resources, either from central grants or from its local income base, to provide an acceptable level of day to day services to its customers. In determining these grants I take into account a number of factors including the overall funding available for this purpose, the estimated cost to each authority of providing an acceptable level of day to day services to their customers, the income each authority should generate from local sources and the necessity to provide each authority with a baseline allocation that will ensure financial stability.

541 Questions— 27 May 2008. Written Answers

[Deputy John Gormley.]

The Needs and Resources Model has been used in determining these grants since the year 2000. While the Model has been refined and adjusted since it was introduced, there have been a number of significant changes to local authorities’ expenditure and income patterns and financial systems over this period. It is intended therefore that the Model will be kept under review with a view to maintaining the process of equalisation. Longford County Council’s general purpose allocation for 2008 is \15,522,985, an increase of 5.91% over the 2007 allocation. General purpose grants to Longford County Council have increased by some 265% since 1997, which is more than a third higher than the average increase to local authorities over that period.

Water Charges. 128. Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local Government the steps his Department are taking to address the issue of water charges on farms. [19525/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Local authorities are required to recover from non-domestic water consumers the costs incurred in the provision of water services to those consumers in accordance with the polluter pays principle and the requirements of Article 9 of the EU Water Framework Directive. The requirement for non-domestic consumers to pay for water services supplied to them applies regardless of the use to which the water is put.

Turf Cutting. 129. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government when he will meet with representatives of turf cutters on designated bogs; and if he will make a statement on the matter. [19787/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): There are long established procedures for representing the views of domestic turf cutters to my Department and to the Government. In particular, the farming organisations represent the interests of turf cutters, as well as those of farmers, in a standing committee which meets with representatives of my Department on a regular basis. I have no plans for a separate meeting with turf cutters at the present time.

Question No. 130 answered with Question No. 93.

Question No. 131 answered with Question No. 123.

Fire Services. 132. Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government the local authorities which invoice the Health Service Executive or others for fire services and the circumstances of same. [20786/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael P. Kitt): The information sought in the Question is not available in my Department. It is a matter for each fire authority to decide whether or not to charge for any of its fire services. I understand that Dublin City Council is recouped part of the cost of its fire and emergency services from the adjoining three county councils and the Health Service Executive.

542 Questions— 27 May 2008. Written Answers

Departmental Schemes. 133. Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government if he is undertaking an update on the uptake of the rental accommodation scheme; and if he will make a statement on the matter. [18700/08]

454. Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government when the external evaluation of the rental accommodation scheme will take place; and if he will make a statement on the matter. [18699/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 133 and 454 together. The Rental Accommodation Scheme (RAS) is at the mid-point in its initial implementation period and is operational in all housing authorities, with, in some cases, the County Council managing the scheme for the county at large. All housing authorities have transferred cases from Rent Supplement to RAS and, since the commencement of transfers in September 2005, the pace of delivery has increased. Some 13,000 households with long-term housing need have been accommodated to date in either voluntary, private rental properties or other social housing options. \51 million is being provided to local authorities for RAS for the current year and the aim is that a total of at least 15,000 cases will have been accommodated through the scheme by the end of 2008. The experience to date suggests that the response to meeting the needs of households on rent supplement with a long term housing need in some areas will be mainly through the existing local authority and voluntary/co-operative housing programmes. In other areas, particularly in larger urban areas, RAS will play a substantial role in meeting housing need. Over the longer-term the use of leased accommodation will become an integral part of the approach of local authorities to meeting social housing need. Ultimately this is a matter for local authorities to decide taking into account demographic factors, the available supply of different types of social housing, the level of long-term housing need in the area, market conditions and the individual aspirations of households. As indicated, the Rental Accommodation Scheme is midway through its implementation period and my Department is currently carrying out a Value for Money and Policy Review of the scheme to date. A report of the review is currently at an advanced stage of drafting. A specific aim of the review is to evaluate the operation of RAS in the light of the objectives set for it, including the financial arrangements under which the scheme operates. A further review is planned for the scheme, at the end of the implementation period.

Question No. 134 answered with Question No. 114.

Litter Pollution. 135. Deputy Jim O’Keeffe asked the Minister for the Environment, Heritage and Local Government if there is overall monitoring and record of the number of on-the-spot litter fines imposed annually; if so, the figures and amounts for each of the past four years; and if he will make a statement on the matter. [20760/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Under the Litter Pollution Acts 1997 to 2003, primary responsibility for developing and implementing responses to litter, including the issuing and enforcement of litter fines, lies with local authorities.

543 Questions— 27 May 2008. Written Answers

[Deputy John Gormley.]

Statistics on local authority enforcement action on litter, including the number of on-the- spot litter fines issued, are submitted by local authorities to my Department every six months. The latest figures available relate to the period January — June 2007, these figures and those for the preceding four years are obtainable from the Oireachtas Library.

Local Government Elections. 136. Deputy Ciara´n Lynch asked the Minister for the Environment, Heritage and Local Government if he will implement controls on candidate expenditure in the forthcoming local elections. [20782/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In accordance with the Programme for Government, my Department recently published the Green Paper on local government reform, Stronger Local Democracy — Options for Change. The Green Paper outlines a range of issues for consideration including the establishment of expenditure limits at local elections. The submissions made in the course of the preparation of the Green Paper were generally supportive of some kind of expenditure limit. The Green Paper outlines two main options in relation to such limits for local elections: to introduce a fixed expenditure ceiling or to link limits to a proportion of Da´il expenditure. It states that care needs to be taken to ensure against overly bureaucratic rules and suggests that it may be useful to engage on the issue on a cross party basis. I will be writing shortly to the Joint Oireachtas Committee on Environment, Heri- tage and Local Government to seek a meeting with them in this regard.

Question No. 137 answered with Question No. 115.

Election Management Systems. 138. Deputy Billy Timmins asked the Minister for the Environment, Heritage and Local Government if he considered the time frame appropriate between the advertisement for registration of postal votes for the Lisbon reform referendum and the deadline for such registrations; and if he will make a statement on the matter. [20894/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Postal voting is provided for in respect of certain categories of person as specified in electoral law. Electors who are eligible for, but not already included on, the postal voters list may apply for entry on the supplement to this list and they can do this at any time. However, in accordance with electoral law, such persons must apply for inclusion on the supplement to the postal voters list not later than two days after a polling day order is made at a referendum, if they wish to avail of a postal vote at that referendum. As the polling day order fixes the polling day, it is not possible to advertise the definitive closing date for the postal voters’ supplement in advance of the order being made. The polling day order for the Lisbon Treaty Referendum was made on 12 May and, accordingly, the closing date for the supplement to the postal voters list was 14 May. My Department notified advertisements to the print media immediately on the making of the polling day order and these were widely published on the 13 and 14 May. In addition, the Referendum Commission website www.lisbontreaty2008.ie, which went live on 18 April, contained detailed information relating to voter registration for the referendum, including requirements in relation to the supplement to the postal voters list.

544 Questions— 27 May 2008. Written Answers

Question No. 139 answered with Question No. 115.

Question No. 140 answered with Question No. 94.

Housing Aid for the Elderly. 141. Deputy Michael D. Higgins asked the Minister for the Environment, Heritage and Local Government the reason for the delay in establishing the housing aid for older people scheme with local authorities and the delay in transferring the housing aid for the elderly scheme from the Health Service Executive to local authorities; if his attention has been drawn to the confusion and upset which this causes applicants; and when the plan will be fully implemented. [20783/08]

441. Deputy Ciara´n Lynch asked the Minister for the Environment, Heritage and Local Government the reason for the delay in establishing the housing aid for older people scheme with local authorities and the delay in transferring the housing aid for the elderly scheme from the Health Service Executive to the local authorities; if his attention has been drawn to the confusion and upset which this causes applicants; when the plan will be fully implemented; and if he will make a statement on the matter. [20665/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Ma´ire Hoctor): I propose to take Questions Nos. 141 and 441 together. The Housing Aid for Older People Scheme is part of a revised framework of grant aid, introduced in November 2007, to assist older people and people with a disability with their accommodation needs. The Scheme, which amalgamates the provisions of the old Essential Repairs Grant Scheme and the existing Special Housing Aid for the Elderly Scheme (SHAE), is designed to provide targeted support to improve conditions in the existing housing of older people. The Scheme facilitates the implementation of a Government Decision, taken in February 2006, to transfer the SHAE from the Health Service Executive (HSE) to my Department. That decision arose on foot of a recommendation made in the Core Functions of the Health Service Report that a more integrated service and better value for money may be achieved by transferring responsibility for the SHAE to the local authorities, who already had responsibility for the Essential Repairs and Disabled Persons Grant Schemes. I am conscious of the need to ensure a smooth and seamless transfer of the SHAE from the HSE to the local authority sector. For that reason it is essential to allow sufficient time to resolve relevant issues, including the allocation of staffing and other resources. It has therefore been agreed with the HSE that the Scheme will continue to operate and be administered by the HSE, until such time as the appropriate arrangements are in place to ensure that the local authorities are in a position to accept the scheme on transfer. My Department is engaged on an ongoing basis with the HSE to conclude this process as quickly as possible. In the meantime, applicants who require repairs or improvements to their homes can avail of either the Housing Aid for Older People Scheme or the Special Housing Aid for the Eld- erly Scheme.

Proposed Legislation. 142. Deputy Eamon Gilmore asked the Minister for the Environment, Heritage and Local Government the specific date for the publication of the Social Housing (Miscellaneous Provisions) Bill due to be brought before the House this term. [20779/08]

545 Questions— 27 May 2008. Written Answers

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Considerable progress has been made in drafting the Bill, and every effort is being made to outstanding legal issues with a view to publication before the end of the current Da´il session.

Unemployment Levels. 143. Deputy Charles Flanagan asked the Taoiseach the numbers unemployed in both County Carlow and County Kilkenny; the way these figures have varied for each year since 1995 for unemployment numbers; and if he will make a statement on the matter. [20633/08]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The Live Register figures for County Carlow and County Kilkenny for each month from 1995 to date are set out in the following table. The Live Register series gives a monthly breakdown of the number of people claiming Job- seeker’s Benefit, Jobseeker’s Allowance and other registrants as registered with the Depart- ment of Social and Family Affairs. Figures are published for each county and each Local Social Welfare Office. The most recent information is for April 2008. Estimates of employment and unemployment rates are compiled, at a regional level, from the Quarterly National Household Survey. There are eight regions in the State; Border, Mid- land, West, Dublin, Mid-East, Mid-West, South-East and South-West. Sub-regional statistics, of the kind requested by the Deputy, are not available from the Quarterly National Household Survey. The latest results are for the period September to November 2007 and showed an unemployment figure of 11,700 persons in the South-East region.

Live Register totals for County Carlow and County Kilkenny, 1995 to date

Live Register County Carlow total

Annual Average

Persons

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Persons % change

1995 3,656 3,758 3,601 3,742 3,624 3,763 3,901 3,854 3,575 3,573 3,533 3,661 3,687 1996 3,816 3,844 3,874 3,872 3,774 3,989 4,032 3,987 3,688 3,453 3,381 3,576 3,774 + 2.4 1997 3,535 3,557 3,709 3,637 3,531 3,649 3,616 3,544 3,340 3,233 3,185 3,407 3,495 −7.4 1998 3,418 3,408 3,263 3,232 3,239 3,350 3,346 3,293 3,083 2,980 2,925 3,050 3,216 − 8.0 1999 3,092 3,002 2,894 2,846 2,775 2,841 2,921 2,801 2,577 2,440 2,343 2,496 2,752 − 14.4 2000 2,500 2,451 2,312 2,323 2,174 2,283 2,336 2,268 2,009 1,857 1,809 1,964 2,191 − 20.4 2001 1,902 1,918 1,901 1,889 1,820 1,920 1,997 1,988 1,800 1,767 1,925 2,026 1,904 − 13.1 2002 2,112 2,198 2,246 2,128 2,064 2,208 2,265 2,298 2,100 1,977 1,978 2,079 2,138 + 12.3 2003 2,112 2,173 2,195 2,292 2,257 2,431 2,524 2,509 2,247 2,170 2,119 2,227 2,271 + 6.2 2004 2,314 2,323 2,309 2,305 2,262 2,395 2,516 2,473 2,187 2,114 2,048 2,223 2,289 + 0.8 2005 2,272 2,272 2,324 2,128 2,197 2,305 2,414 2,364 2,064 1,927 1,973 2,065 2,192 − 4.2 2006 2,082 2,075 2,046 2,039 2,058 2,158 2,242 2,219 1,953 1,933 1,867 1,965 2,053 − 6.3 2007 1,992 2,057 2,023 2,066 2,090 2,303 2,506 2,488 2,273 2,212 2,310 2,448 2,231 + 8.7 2008 2,614 2,747 2,960 2,939

546 Questions— 27 May 2008. Written Answers

Live Register County Kilkenny total

Annual Average

Persons

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Persons % change

1995 4,098 4,144 4,060 4,066 3,986 4,060 4,066 4,073 4,010 4,011 4,004 4,160 4,062 1996 4,211 4,207 4,084 4,087 3,964 4,146 4,281 4,305 4,147 3,950 3,867 3,963 4,101 + 1.0 1997 3,923 3,873 3,829 3,785 3,680 3,838 3,853 3,836 3,752 3,706 3,621 3,752 3,787 − 7.7 1998 3,778 3,708 3,642 3,577 3,477 3,627 3,556 3,598 3,424 3,276 3,219 3,472 3,530 − 6.8 1999 3,381 3,278 3,124 3,062 2,983 3,039 3,091 3,122 2,835 2,840 2,664 2,703 3,010 − 14.7 2000 2,726 2,561 2,358 2,413 2,173 2,229 2,229 2,254 2,084 1,987 2,036 2,047 2,258 − 25.0 2001 2,064 2,033 1,991 2,020 1,948 1,973 2,066 2,050 1,947 2,013 2,243 2,182 2,044 − 9.5 2002 2,308 2,326 2,322 2,228 2,163 2,241 2,408 2,431 2,293 2,315 2,335 2,467 2,320 + 13.5 2003 2,512 2,532 2,463 2,461 2,439 2,614 2,785 2,851 2,629 2,642 2,606 2,716 2,604 + 12.2 2004 2,767 2,701 2,618 2,564 2,545 2,618 2,805 2,793 2,537 2,483 2,376 2,489 2,608 + 0.2 2005 2,548 2,524 2,478 2,369 2,349 2,471 2,606 2,639 2,370 2,322 2,329 2,484 2,457 − 5.8 2006 2,519 2,514 2,473 2,469 2,434 2,610 2,757 2,806 2,545 2,498 2,479 2,557 2,555 + 4.0 2007 2,632 2,610 2,514 2,455 2,454 2,604 2,766 2,715 2,479 2,466 2,536 2,692 2,577 + 0.9 2008 3,006 3,167 3,312 3,271

Source: Live Register Series, Quarterly National Household Survey.

It should be noted that:

(a) the Live Register is not a definitive measure of unemployment as it includes part-time workers, seasonal and casual workers entitled to Unemployment Assistance or Benefit. Statistics on unemployment are measured at regional level by the Quarterly National Household Survey.

(b) the exact area covered by each Local Office is not limited to the immediate locality of the particular office. For instance, in the Tallaght Local Office there may be registered, persons from the Blessington area.

Toll Charges. 144. Deputy Leo Varadkar asked the Taoiseach if he personally pays the toll charges incurred on his travels; if not, the cost to the taxpayer of tolls of such for each of the past three years; and if he will make a statement on the matter. [20554/08]

The Taoiseach: Ministerial cars are driven by members of An Garda Sı´ocha´na. Such vehicles are exempt from tolls under Section 62 of the Roads Act, 1993. Accordingly, no cost arises to the Exchequer.

Active Citizenship. 145. Deputy Eamon Gilmore asked the Taoiseach the progress made in regard to the commitment given in the programme for Government to implement the recommendation of the Task Force on Active Citizenship to introduce a national active citizenship theme culminating in a national active citizenship week. [20555/08]

146. Deputy Eamon Gilmore asked the Taoiseach the progress made in regard to the commitment given in the programme for Government to implement the recommendation of the 547 Questions— 27 May 2008. Written Answers

[Deputy Eamon Gilmore.] Task Force on Active Citizenship to introduce a national presidential citizen awards to recognise outstanding contributions made by individuals to society here. [20556/08]

147. Deputy Eamon Gilmore asked the Taoiseach the progress made in regard to the commitment given in the programme for Government to implement the recommendation of the Task Force on Active Citizenship to undertake an audit of existing community facilities to identify gaps and opportunities for improved use of existing facilities. [20557/08]

148. Deputy Eamon Gilmore asked the Taoiseach the progress made in regard to the commitment given in the programme for Government to implement the recommendation of the Task Force on Active Citizenship to identify the way better use can be made of schools at evening and weekends to act as community hubs. [20558/08]

149. Deputy Eamon Gilmore asked the Taoiseach the progress made in regard to the commitment given in the programme for Government to implement the recommendation of the Task Force on Active Citizenship to introduce a formal citizenship ceremony. [20559/08]

150. Deputy Eamon Gilmore asked the Taoiseach the progress made in regard to the commitment given in the programme for Government to implement the recommendation of the Task Force on Active Citizenship to strengthen further the relationship between Government and community and voluntary organisations. [20560/08]

151. Deputy Eamon Gilmore asked the Taoiseach the progress made in regard to the commitment given in the programme for Government to implement the recommendation of the Task Force on Active Citizenship to develop a system of academic accreditation in recognition of volunteering skills. [20561/08]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): I propose to take Questions Nos. 145 to 151, inclusive, together. Active Citizenship is a priority area for the Taoiseach evidenced in the fact that he has assigned special responsibility to me to lead this initiative as Minister of State in his Depart- ment. Over the coming years, I look forward to working with the various stakeholders in this area of community cohesion and social interaction. Working together, I believe that we can achieve a strong policy and delivery platform for all citizens. The recommendations of the Taskforce on Active Citizenship covered a wide and cross- cutting range of public policy areas specific to a number of Government Departments. The recommendations also relate to the community and voluntary sectors, to business and educational interests and, of course, to individual citizens. I am currently undertaking a series of meetings with key officials in my own Department and in relevant other Departments to assess the level of progress on implementation to date. The Deputy will be aware that the timescales for the recommendations will vary in terms of the complexities of consultations required in Departments with their respective stakeholders and in terms of resource issues and detailed planning of initiatives. I am, however, pleased to report that the audit of community facilities has commenced under the direction of Local Authorities and coordinated by the Department of the Environment, Heritage and Local Government. The Green Paper on Local Government Reform was recently published by Minister Gormley. It seeks to strengthen the links between local government and communities. I intend to progress the Active Citizenship agenda as quickly as possible. I will be assisted in this work

548 Questions— 27 May 2008. Written Answers by a Steering Group, especially in the areas of public policy, business and the media chaired by Mary Davis. I will guide and support the Active Citizenship Office in the implementation of the recommendations. In the coming months, I look forward to supplying more extensive updates on the important elements of the recommendations of the Taskforce on Active Citizenship.

Departmental Staff. 152. Deputy Leo Varadkar asked the Taoiseach the number of civil servants within his Department at the grade of assistant principal or higher; the number of whom were recruited to those roles from outside of the Civil Service; and if he will make a statement on the matter. [20681/08]

The Taoiseach: There are 55 Civil Servants within my Department at the grade of Assistant Principal or higher. All these staff were recruited to their current positions from within the Civil Service.

Daíl Reform. 153. Deputy Ciarań Lynch asked the Taoiseach the progress made in regard to the commitment given in the programme for Government to reconsider the recommendations of the Oireachtas Joint Committee on the Constitution regarding Daíl reform. [20321/08]

154. Deputy Ciara´n Lynch asked the Taoiseach the progress made in regard to the commitment given in the programme for Government to pursue the issue of reform of Oireachtas sitting times, Oireachtas procedures and strengthening the role of Committees. [20322/08]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): I propose to take Questions Nos. 153 and 154 together. The matter of Daíl Reform is essentially one for the House itself which, under the Consti- tution, has responsibility for making its own rules and standing orders. While the Government parties are committed to progressing any commitments contained in the Programme for Government, it is ultimately the Committee on Procedures and Privileges who progress Daíl Reform. Responsibility for promoting Daíl Reform is shared by all parties in this House. This gives the Parties the opportunity of working out common positions on a range of issues. The Govern- ment will play a constructive part in exploring with those parties opportunities for improving procedures.

Departmental Expenditure. 155. Deputy Paul Kehoe asked the Taoiseach the cost of his recent visit to the United States; the names and roles of the persons who accompanied him; the mode of transport used in each case; the cost of travel, hotel and other expenses in each case; and if he will make a statement on the matter. [20944/08]

156. Deputy Paul Kehoe asked the Taoiseach the names and roles of each person for whom any travel, hotel or other expenses were covered in connection with his previous recent visit to the United States; the cost in each case; and if he will make a statement on the matter. [20945/08]

The Taoiseach: I propose to take Questions Nos. 155 and 156 together.

549 Questions— 27 May 2008. Written Answers

[The Taoiseach.]

Joint Meeting of the United States Congress The following people travelled to the United States as part of the official delegation for the Taoiseach’s address to the Joint Meeting of the United States Congress: • Taoiseach • Gerry Hickey, Taoiseach’s Adviser • Eoghan O’Neachtain, Government Press Secretary • Mandy Johnston, Taoiseach’s Adviser • Brian Murphy, Taoiseach’s Adviser • Martin Fraser, Assistant Secretary • Paul McGarry, Principal Officer • David Feeney, Private Secretary to the Taoiseach • Nick Reddy, Assistant Private Secretary to the Taoiseach • Olive Melvin, Taoiseach’s Personal Assistant • John Byrne, Security Officer • Minister Dermot Ahern • Dermot Gallagher, Secretary General • Pat Hennessey, Director, Anglo-Irish Division • Sinead Ryan, Private Secretary to the Minister • Michael Lonergan, Press Officer • Ciaran O’Cuinn, Minister’s Adviser Transport in Washington was provided by two cars, four multi-person vehicles and two vans. Transport in Boston was provided by one car, four multi-person vehicles and two vans. Costs discharged by my Department in relation to this trip currently stand at \8,665.08. This can be broken down to travel costs at \6,661.41 and subsistence costs at \2,003.67. Costs discharged by the Department of Foreign Affairs in relation to this trip currently stands at \16,757. The costs for this trip have not yet been finalised. Further charges have not yet been received in respect of hotel and transport costs.

St. Patrick’s Day The following people travelled to the United States as part of the official delegation for the Taoiseach’s visit to Scranton PA and Washington DC to mark the St. Patrick’s Day period. • Taoiseach • Gerry Hickey, Taoiseach’s Adviser • Eoghan O’Neachtain, Government Press Secretary • Martin Fraser, Assistant Secretary

• Paul McGarry, Principal Officer

550 Questions— 27 May 2008. Written Answers

• David Feeney, Private Secretary to the Taoiseach

• Pat Hennessy, Director, Anglo-Irish Division, Department of Foreign Affairs

• Olive Melvin, Taoiseach’s Personal Assistant

• Dermot Hobbs, Security Officer Costs discharged by my Department in relation to this trip currently stand at \2,826.16. Costs in relation to gifts given stand at \1,479.32 and costs in relation to subsistence stand at \1,346.84. There are no travel costs associated with this trip. Costs discharged by the Depart- ment of Foreign Affairs in relation to this trip currently stand at \235. The costs for this trip have not yet been finalised. Further charges have not yet been received in respect of hotel and transport cost

Cabinet Sub-committees. 157. Deputy Denis Naughten asked the Taoiseach the members of the Cabinet Sub-committee on Health; when the committee last met; and when it will meet again [20971/08]

The Taoiseach: The Cabinet Committee on Health comprises:

• the Taoiseach;

• the Ta´naiste;

• the Minister for Finance; and

• the Minister for Health and Children. Ministers who are not members of a Cabinet Committee may attend Committee meetings where appropriate. The Committee last met on 5 March, 2008 and its next meeting is scheduled for tomorrow.

Valuation Office. 158. Deputy Olivia Mitchell asked the Minister for Finance the dates of the Valuation Office records currently being transferred to Portlaoise; the arrangements being put in place to ensure that these records can be accessed for research or other purpose; and if he will make a statement on the matter. [21061/08]

Minister for Finance (Deputy Brian Lenihan): The Valuation Office is scheduled to move 100 staff to Youghal in late 2009. To date, accommodation has not been secured for this move. There are no arrangements in place at present to transfer any of the Office records to Youghal.

Tax Collection. 159. Deputy David Stanton asked the Minister for Finance the amount accrued to the Exchequer each month for the past 12 months by way of excise duty, VAT and other such payments through the sale of respective petroleum products to include home heating oil, petrol and diesels; and if he will make a statement on the matter. [20563/08]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the amounts of tax revenue collected from Mineral Oil Tax and VAT on petroleum products for the annual year 2007 and the first four months of 2008 are as follows:

551 Questions— 27 May 2008. Written Answers

[Deputy Brian Lenihan.]

Mineral Oil Tax (Jan to Dec) 2007 (Jan to Apr) 2008 Prov

\m \m

Petrol 1,051 382 Auto Diesel 1,076 393 Fuel Oil 8 2 Marked Gas Oil 68 26 Auto LPG 0.07 0.02

Total 2,204 803

Estimated VAT Yield (Jan to Dec) 2007 Est. (Jan to Apr) 2008 Est.

\m \m

Petrol 465 177 Auto Diesel 57 23 Marked Gas Oil 70 31 Kerosene 77 46 Auto LPG 0.1 0.03

Total 669 277 Note: The VAT yield from petroleum products is estimated as the information to be furnished on VAT returns does not require the yield from particular sectors of trade to be identified. It should also be noted that the VAT content of purchases of Auto Diesel is a deductible credit for business in the Irish VAT system.

Tax Code. 160. Deputy Joe Carey asked the Minister for Finance the take up there as been from the private sector in relation to the amendment to the Finance Bill 2008 regarding the provision of hospice beds; and if he will make a statement on the matter. [20570/08]

Minister for Finance (Deputy Brian Lenihan): Finance Act 2008 introduced a new scheme of capital allowances for capital expenditure incurred on the construction and refurbishment of qualifying specialist palliative care units. Approval for this scheme from a State aid perspective is required from the EU Commission. The scheme will commence on receipt of approval from the EU Commission, at which time I will issue a commencement order. The process of obtaining State-aid approval from the EU Commission is under way in my Department.

Exchequer Borrowing. 161. Deputy Damien English asked the Minister for Finance if he will report all communications he or his Department has had with the National Treasury Management Agency regarding the provision of additional Government borrowing-national debt since the start of the second quarter in 2008; if he will make a statement on the projected additional increases to the national debt for quarter three and quarter four. [20572/08]

Minister for Finance (Deputy Brian Lenihan): The primary role of the National Treasury Management Agency is to ensure that sufficient funding is available at all times to meet the day-to-day requirements of the Exchequer. It is a matter for the Agency to decide when and 552 Questions— 27 May 2008. Written Answers how much to borrow in the light of those needs, commercial considerations surrounding the raising of debt on the markets and the need to maintain an appropriate level of liquidity. As the Deputy will appreciate, it would not be appropriate for me to comment in detail on communications with the Agency on this issue, given the commercial sensitivity of the Agency’s remit. I might add that Budget 2008 provided for an Exchequer Borrowing Requirement of \4.9 billion in 2008. Details of the movement in the debt and the Exchequer balances are published as part of the Exchequer Statement at the end of each month.

Flood Relief. 162. Deputy Michael Ring asked the Minister for Finance if he will arrange for an investigation to be carried out by the Office of Public Works for a person (details supplied) in County Mayo to see if an ongoing drainage problem can be resolved. [20575/08]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The OPW and Mayo County Council undertook works to divert a channel of the Moy Catchment Drainage Scheme during the construction of the Rathroeen Landfill Site. Further alterations to the scheme channels took place over time. The works resulted in waters, which had previously flowed overland through a channel of the Scheme and Rathroeen Lough, flowing through a newly laid pipeline. I am advised that any alterations were localised and have had minimal impact on the drainage of the area. Officials from the OPW have visited the site on a number of occasions and are satisfied that the scheme is operating to its design parameters. It is not proposed to carry out further works at present.

Departmental Staff. 163. Deputy Leo Varadkar asked the Minister for Finance the number of civil servants within his Department at the grade of assistant principal or higher; the number of whom were recruited to those roles from outside of the Civil Service; and if he will make a statement on the matter. [20676/08]

Minister for Finance (Deputy Brian Lenihan): The number of officers within my Department at the grade of Assistant Principal or higher, and the number recruited from outside the civil service are as follows:

Grade Number in grade Number recruited from outside Civil Service*

Secretary General 1 Appointed by the Government Secretary General PSMD 1 Appointed by the Government Second Secretary General 3 0 Chief Medical Officer 1 1 Assistant Secretary 11 3 Principal and equivalent grades 55 2 Assistant Principal and equivalent grades 170 11 *These posts were filled following open recruitment competitions — in some cases, the successful candidate may already have been a serving civil servant.

553 Questions— 27 May 2008. Written Answers

164. Deputy Mary Upton asked the Minister for Finance the amount of money spent in 2005 to recruit three candidates from 2,737 applicants from an open higher executive officer competition; and if he will make a statement on the matter. [20693/08]

Minister for Finance (Deputy Brian Lenihan): Traditionally the recruitment grades to the civil service were at Clerical Officer, Executive Officer and Administrative Officer (graduate) levels. Appointments to the middle management grades of Higher Executive Officer and Assistant Principal and more senior management grades of Principal Officer and above were made exclusively through internal promotion processes and therefore were confined to serving civil servants. These arrangements changed as a result of the National Partnership Agreement Sustaining Progress 2003-2005. In this agreement arrangements were put in place for open recruitment into the civil service at Higher Executive Officer (HEO), Assistant Principal (AP) and Principal (PO) levels. The quota of vacancies to be filled was to equal the number of staff who had resigned from the civil service in the previous year to take up positions in the private sector or elsewhere in the public sector. As a direct result of this agreement recruitment campaigns open to all qualified people were launched in 2003 and 2005. These campaigns were initiated to fill the vacancies that arose as a result of civil servants leaving to take up positions in the private or wider public service. For the 2005 Open Higher Executive Officer Competition 2,737 applications were received. Based on the agreed criteria in Sustaining Progress it was determined that 3 positions were due to be filled. The Public Appointments Service could, if the need had arisen, have filled many more vacancies from this campaign. While initially small in number, the establishment of the principle of open recruitment to higher grades is an important one in the context of the public service modernisation programme. Subsequent National Agreements have now significantly increased the quota of people who can enter the civil service at senior management grades from outside the system.

Costs: For reasons of efficiency and economies of scale the Open HEO campaign was run alongside a number of other campaigns (Open AP and Confined AP). This meant that test centres were shared as indeed were staff costs and advertising costs. It is not possible therefore to be definitive and apportion specific costs to the HEO campaign component alone. The approximate cost for the running of this particular HEO campaign was \37,000. This included: equipment hire, staff costs, staff expenses, venue hire and advertising.

Tax Code. 165. Deputy Joan Burton asked the Minister for Finance the cost to the Exchequer of the mortgage interest relief at source scheme for each of the years 2005, 2006, 2007 and to date in 2008; the projected cost to the Exchequer for the years 2008, 2009 and 2010; the number of taxpayers for each of these time periods benefiting from the mortgage interest relief scheme who claimed tax relief at source (details supplied); and if he will make a statement on the matter. [20737/08]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the cost to the Exchequer of mortgage interest relief by way of tax relief at source (TRS) and the associated number of claimants in each of the years 2005 to 2008 inclusive is as follows:

554 Questions— 27 May 2008. Written Answers

Tax Year Numbers Cost

2005 587,800 280 2006 648,950* 350 2007 697,250* 545 2008 (4 months) 707,900* 230* (estimate) * These figures are provisional and subject to revision.

It should be noted that married couples are counted as a single claimant. The cost to the Exchequer of tax relief allowed for mortgage interest in 2008 is provisionally estimated at \645 million. A breakdown by range of amount of tax relief provided at source could not be identified without carrying out a significant development of the Revenue Commissioners’ TRS computer system. Projections for income tax receipts are based on assumed movements in macroeconomic parameters and not by reference to the costs of individual tax reliefs. Accordingly, I am not in a position to provide the information requested in relation to forecasts of mortgage interest relief for the years 2009 and 2010. The figures for numbers of claimants given in respect of 2006 and 2007 are upward revisions of figures provided in reply to a previous related question given on 12 February 2008. The revision was necessitated by new historical information becoming available in the interim.

166. Deputy Joan Burton asked the Minister for Finance the cost to the Exchequer of the rent relief for private accommodation scheme for each of the years 2005, 2006, 2007 and to date in 2008; the projected cost to the Exchequer for the years 2008, 2009 and 2010; the number of taxpayers who availed of the rent relief for private accommodation scheme in each of those time periods; and if he will make a statement on the matter. [20738/08]

168. Deputy Joan Burton asked the Minister for Finance the cost to the Exchequer of the tax relief on service charges scheme for each of the years 2005, 2006, 2007 and to date in 2008; the projected cost to the Exchequer for the years 2008, 2009 and 2010; the number of taxpayers who availed of the tax relief on service charges scheme in each of those time periods; and if he will make a statement on the matter. [20740/08]

170. Deputy Joan Burton asked the Minister for Finance the cost to the Exchequer of the trade union subscription scheme for each of the years 2005, 2006, 2007 and to date in 2008; the projected cost to the Exchequer for the years 2008, 2009 and 2010; the number of taxpayers who availed of the trade union subscription scheme in each of those time periods; and if he will make a statement on the matter. [20742/08]

171. Deputy Joan Burton asked the Minister for Finance the cost to the Exchequer of the health and medical expenses relief scheme for each of the years 2005, 2006, 2007 and to date in 2008; the projected cost to the Exchequer for the years 2008, 2009 and 2010; the number of taxpayers who availed of the health and medical expenses relief scheme in each of those time periods; and if he will make a statement on the matter. [20743/08] 555 Questions— 27 May 2008. Written Answers

172. Deputy Joan Burton asked the Minister for Finance the cost to the Exchequer of the tuition fees tax relief scheme for each of the years 2005, 2006, 2007 and to date in 2008; the projected cost to the Exchequer for the years 2008, 2009 and 2010; the number of taxpayers who availed of the tuition fees tax relief scheme in each of those time periods; and if he will make a statement on the matter. [20744/08]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 166, 168 and 170 to 172, inclusive, together. I am informed by the Revenue Commissioners that the most recent year for which final information is available on the cost to the Exchequer, and the numbers of taxpayers availing, of the tax reliefs mentioned by the Deputy is for the income tax year 2004. However, corresponding figures on the cost and numbers availing for the income tax year 2005 are available as follows on a preliminary basis.

Income Tax year 2005

Tax relief Estimated cost to the Exchequer Estimated numbers availing

Rent paid in private tenancies 48 144,600 Service charges 17 304,700 Trade union subscriptions 12 272,100 Health and medical expenses 134 260,700 Tuition fees 14 29,900

These figures are subject to revision. Projections for income tax receipts are based on assumed movements in macroeconomic parameters and not by reference to the costs of individual tax reliefs. Accordingly, I am not in a position to provide the data requested by the Deputy for the years 2006 to 2010 in relation to the above mentioned reliefs. The numbers availing represent income earners who were in a position to absorb at least some of the tax relief and thereby give rise to an Exchequer cost. They do not include the numbers of potential claimants whose entitlements to other tax reliefs were sufficient to reduce their liability to tax to nil without reference to the specific relief. The numbers availing are rounded to the nearest hundred as appropriate. A married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

167. Deputy Joan Burton asked the Minister for Finance the cost to the Exchequer of the medical insurance premiums tax relief at source scheme for each of the years 2005, 2006, 2007 and to date in 2008; the projected cost to the Exchequer for the years 2008, 2009 and 2010; the number of taxpayers who availed of the medical insurance premiums tax relief at source scheme in each of those time periods; and if he will make a statement on the matter. [20739/08]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the cost to the Exchequer of tax relief allowed for medical insurance premia by way of tax relief at source (TRS) and the associated number of policies in each of the years 2005 to 2008 inclusive is as follows: 556 Questions— 27 May 2008. Written Answers

Tax Year Numbers Cost

2005 1,073,400 230 2006 1,134,500* 260 2007 1,195,400* 300 2008 (4 months) not available 110* * These figures are provisional and subject to revision.

The cost to the Exchequer of tax relief allowed for medical insurance premia in 2008 is provisionally estimated at \315 million. It should be noted that the numbers provided relate to the number of policies issued as it is not possible to compile a reliable count of the number of individual claimants. Projections for income tax receipts are based on assumed movements in macroeconomic parameters and not by reference to the costs of individual tax reliefs. Accordingly, I am not in a position to provide the information requested in relation to forecasts of tax relief for medical insurance for the years 2009 and 2010.

Question No. 168 answered with Question No. 166.

169. Deputy Joan Burton asked the Minister for Finance the cost to the Exchequer of the home carer tax credit scheme for each of the years 2005, 2006, 2007 and to date in 2008; the projected cost to the Exchequer for the years 2008, 2009 and 2010; the number of taxpayers who availed of the home carer tax credit scheme in each of those time periods; and if he will make a statement on the matter. [20741/08]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the most recent year for which final information is available on the cost to the Exchequer, and the numbers of taxpayers availing, of the home carer tax credit is for the income tax year 2004. However, corresponding figures on the cost and numbers availing for the income tax year 2005 are available as follows on a preliminary basis.

Income tax year 2005

Tax credit Estimated cost to the Exchequer \m Estimated numbers availing

Home carer tax credit 64 87,900

In addition, provisional estimates of the cost to the Exchequer of the home carer’s tax credit and the associated number of income earners availing of it are available as follows for the income tax years 2006, 2007 and 2008. Home carer tax credit

Tax year Estimated cost to the Exchequer \m Estimated numbers availing

2006 69 93,900 2007 70 94,900 2008 84 98,100

557 Questions— 27 May 2008. Written Answers

[Deputy Brian Lenihan.] The figures for 2006 to 2008 are estimates from the Revenue tax forecasting model using actual data for the year 2004 adjusted as necessary for income and employment growth for the years in question and are therefore provisional and subject to revision. Projections for income tax receipts are based on assumed movements in macroeconomic parameters and not by reference to the costs of individual tax reliefs. Accordingly, I am not in a position to provide the data requested by the Deputy for the years 2009 and 2010 in relation to the home carer credit. The numbers availing represent income earners who were in a position to absorb at least some of the home carer tax credit and thereby give rise to an Exchequer cost. They do not include the numbers of potential claimants whose entitlements to other tax credits were sufficient to reduce their liability to tax to nil without reference to the home carer credit. The numbers availing are rounded to the nearest hundred as appropriate. A married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

Questions Nos. 170 to 172, inclusive, answered with Question No. 166.

173. Deputy Joan Burton asked the Minister for Finance the cost to the Exchequer of the tax relief for pension investment scheme for each of the years 2005, 2006, 2007 and to date in 2008; the projected cost to the Exchequer for the years 2008, 2009 and 2010; the number of taxpayers, for each of these time periods, benefiting from the tax relief for pension investment scheme who received this tax relief at a marginal rate of 20%; the number of taxpayers, for each of these time periods, benefiting from the tax relief for pension investment scheme who received this tax relief at a marginal rate of 41%; the number of taxpayers, for each of these time periods, benefiting from the tax relief for pension investment scheme who received this tax relief on less than \5,000 of their gross income; the number of taxpayers, for each of these time periods, benefiting from the tax relief for pension investment scheme who received this tax relief on more than \5,000, more than \10,000, more than \20,000, more than \30,000, more than \40,000, more than \50,000, more than \75,000, more than \100,000, more than \150,000 and more than \200,000 of their gross income and at the maximum allowable proportion of their gross income; and if he will make a statement on the matter. [20745/08]

Minister for Finance (Deputy Brian Lenihan): As part of the work on the Green Paper on Pensions, a review was carried out into the current regime of tax incentives for supplementary pension provision. This was done with a view to developing more comprehensive and reliable estimates of the cost of reliefs in this area. Arising from the review, the following revised and up to date estimates of the cost of tax and other reliefs for private pension provision for 2006 have been made. Estimates on a consistent basis are not available for 2005.

Estimate of the cost of tax and PRSI reliefs for private pension provision 2006.

Estimated costs Numbers*

\million

Employees’ Contributions to approved Superannuation 540 680,000 Schemes Employers’ Contributions to approved Superannuation 120 362,000** Schemes Estimated cost of exemption of employers’ 510 362,000 contributions from employee BIK Exemption of investment income and gains of 1,200 Not available approved Superannuation Funds

558 Questions— 27 May 2008. Written Answers

Estimated costs Numbers*

\million Retirement Annuity Contracts (RACs) 380 2006 data not available Personal Retirement Savings Accounts (PRSAs) 120 71,500 Estimated cost of tax relief on “tax-free” lump sum 130 payments Estimated cost of PRSI and Health Levy relief on 220 Not available employee and employer contributions Gross cost of tax relief 3,220 Estimated tax yield from payment of pension benefits 320 Net cost of tax relief 2,900 *Numbers as included in P35 returns from employers to Revenue for 2006. Figures are as verified to date but there may be some understatement . **Numbers of employees for whom employers are contributing to occupational pension funds as included in P35 returns to Revenue for 2006.

As regards projections for 2007-2010, projections for income tax receipts are based on assumed movements in macro-economic parameters and not by reference to the costs of individual tax reliefs. Accordingly, I am not in a position to provide the projected cost data requested by the Deputy for the years 2007 to 2010 in relation to the above-mentioned reliefs.

Breakdown of Figures by Tax Rate With regard to occupational pensions, (that is, schemes set up by the employer), the figures in respect of employee and employer contributions are available only in aggregate form on a tentative basis. Information on such contributions is not captured in such a way as to make it possible to provide disaggregated figures by tax rate. A breakdown of the figures by tax rate is only available at present in respect of the tax relief for contributions to Retirement Annuity Contracts (RACs) and Personal Retirement Savings Accounts (PRSAs) to the extent that these contributions have been included in the personal tax returns of tax payers. The available data is set out in the following tables:

Retirement annuity contracts — by tax rate 2005

Tax Rate Number of Cases Amount of Deduction Reduction in tax

\m \m Standard Rate (20%)* 47,718 140.6 33.0 Higher Rate (42%) 63,596 755.0 312.8

Total 111,314 895.6 345.8 * Includes claimants benefiting from marginal relief or with zero tax liability

Personal Retirement Savings Accounts — by tax rate 2005

Tax Rate Number of Cases Amount of Deduction Reduction in tax

\m \m Standard Rate (20%)* 4,152 10.7 2.5 Higher Rate (42%) 5,854 47.9 19.8

Total 10,006 58.6 22.3 * Includes claimants benefiting from marginal relief or with zero tax liability. 559 Questions— 27 May 2008. Written Answers

[Deputy Brian Lenihan.]

The figures for PRSAs do not include contributions made by employees through employers’ payroll systems and in respect of which tax relief is provided on the net pay basis. Information on such contributions is not captured in such a way as to make it possible to provide disaggregated figures by tax rate. Contributions to RACs are generally not made through employers payroll systems. The lower aggregate figures for RACs in the tax rate table (compared to the slightly higher figures for RACs in the preceding table for 2005) are taken directly from filed income tax returns which represent about 98.5% of all income tax returns expected for 2005. The higher figures in the initial table have, in accordance with normal practice, been grossed-up. The designation of a tax rate to claimants is based on identifying the top tax rate applying to the taxable income of each claimant.

Tax Relief — Different Income Categories I am informed by the Revenue Commissioners that it is not possible to provide disaggregated figures in regard to the take-up of the tax relief for all pension contributions across different income categories because the relevant data in regard to contributions is not captured in such a way as to make this possible. The latest relevant information available in this area is in respect of income tax relief allowed for contributions to Retirement Annuity Contracts (RACs) and Personal Retirement Savings Accounts (PRSAs) for the income tax year 2005, as returned for that year by individuals in personal income tax returns. This information is set out in the following tables which provide the number of cases as well as amount of deduction and reduction in tax for tax relief for RACs and PRSAs for the various contribution ranges. A married couple who has elected or has deemed to have elected for joint assessment is counted as one tax unit:

INCOME TAX 2005

Retirement Annuity — by range of Gross Income.

Range of gross income Totals

From To Number of Amount of Reduction Tax due for Gross Tax * Reduction cases deduction in tax payment in tax as % of Gross Tax

\\ \\\\% — 5,000 406 1,097,106 63,318 1,425 64,743 97.8 5,000 10,000 867 1,159,428 42,565 8,660 51,225 83.1 10,000 20,000 5,961 10,431,557 1,653,915 2,344,578 3,998,493 41.4 20,000 30,000 12,747 26,240,915 5,058,931 16,246,859 21,305,790 23.7 30,000 40,000 15,531 38,936,407 10,709,433 42,082,844 52,792,277 20.3 40,000 50,000 14,363 45,816,794 14,547,614 64,596,863 79,144,477 18.4 50,000 75,000 26,455 119,126,817 41,183,052 209,407,932 250,590,984 16.4 75,000 100,000 13,615 99,961,110 40,744,562 194,639,337 235,383,899 17.3 100,000 150,000 9,892 125,055,147 52,235,223 243,246,995 295,482,218 17.7 150,000 200,000 3,705 81,437,198 34,165,790 150,008,622 184,174,412 18.6 Over 200,000 7,772 346,371,116 145,381,314 840,686,061 986,067,375 14.7

Totals 111,314 895,633,596 345,785,718 1,763,270,177 2,109,055,895 16.4 *“Gross tax” means the tax that would be due before relief is allowed for retirement annuity deductions.

560 Questions— 27 May 2008. Written Answers

INCOME TAX 2005

Personal Retirement Savings Accounts — by range of Gross Income.

Range of gross income Totals

From To Number of Amount of Reduction Tax due for Gross Tax * Reduction cases deduction in tax payment in tax as % of Gross Tax

\\ \\\\%

— 5,000 42 56,972 — 0 0 0.0 5,000 10,000 93 119,689 6,095 1,305 7,400 82.4 10,000 20,000 667 1,049,901 174,848 283,563 458,411 38.1 20,000 30,000 1,481 2,765,927 538,977 2,231,669 2,770,646 19.5 30,000 40,000 1,532 3,906,090 1,224,513 4,866,740 6,091,253 20.1 40,000 50,000 1,231 3,918,871 1,331,798 6,484,724 7,816,522 17.0 50,000 75,000 2,162 10,090,575 3,684,956 18,938,475 22,623,431 16.3 75,000 100,000 1,143 8,357,350 3,448,343 17,283,452 20,731,795 16.6 100,000 150,000 914 10,057,040 4,219,484 24,022,297 28,241,781 14.9 150,000 200,000 302 5,161,334 2,166,660 13,055,338 15,221,998 14.2 Over 200,000 439 13,109,444 5,503,766 45,100,397 50,604,163 10.9 Totals 10,006 58,593,193 22,299,439 132,267,960 154,567,400 14.4

*“Gross tax” means the tax that would be due before relief is allowed for PRSA deductions. *Figures for PRSAs reflect the relative early stage of the scheme which was introduced in 2002.

Maximum Allowable Proportion With regard to occupational pensions (that is approved superannuation schemes set up by the employer) I am informed by the Revenue Commissioners that there is no statistical basis on which to provide an estimate of the maximum allowable proportion of tax relief claimed as the required data at individual employee level is not available to the Revenue Commissioners. Individuals claiming tax relief on contributions to Retirement Annuity Contracts (RACs) or Personal Retirement Savings Accounts (PRSAs) make that claim by way of a tax return to the Revenue Commissioners. Figures illustrating the highest value of tax relief achievable (and how this is arrived at) for pension contributions by individuals in the years 2005 to 2008 are set out in the following table.

Year Contribution Highest Amount of Top rate of Value of highest earnings cap proportion of highest income tax amount of contribution contribution contribution earnings cap allowable allowable in allowable terms of tax saving

\ % \ % \ 2005 254,000 30 76,200 42 32,004 2006 254,000 40 101,600 42 42,672 2007 262,382 40 104,953 41 43,031 2008 275,239 40 110,096 41 45,139

561 Questions— 27 May 2008. Written Answers

[Deputy Brian Lenihan.]

The relief can be doubled in the case of a married couple where each spouse qualifies for the maximum individual relief. On the basis of the information available from tax records, the highest values of tax relief allowed in 2005 (the most recent year for which the necessary detailed information is available) were \64,008 for RACs and \59,397 for PRSAs. These are the amounts of tax relief corresponding to allowable contributions of \152,400 and \141,421 respectively, as relieved at the top tax rate of 42%. In relation to the numbers of taxpayers availing of the maximum pension relief allowable, the most recent year for which the necessary detailed information is available is also 2005. The following are the figures that are available for income tax year 2005.

Numbers availing of the maximum pension relief allowable — 2005

RACs 2005

Single & widowed persons 134 Married persons 907

PRSAs 2005

Single & widowed persons 2 Married persons 15

The figures provided for the numbers availing of the maximum pension relief allowable assume that, in the case of married couples where both spouses are earning, the maximum allowable contributions can be confined to \76,200 (where only one spouse is a contributor) or to any amount falling between \76,200 and double that amount at \152,400 (where both spouses contribute the maximum allowable).

Banking Sector Regulation. 174. Deputy Michael McGrath asked the Minister for Finance if he has plans to increase the State guarantee on bank deposits here; and if he will make a statement on the matter. [20746/08]

Minister for Finance (Deputy Brian Lenihan): Before addressing the specifics of the Deputy’s question, I might firstly explain that the first and most robust line of defence for depositors is a well-managed system of prudential regulation and supervision so as to minimise the risk that a Deposit Guarantee Scheme (DGS) might need to be activated. Recent assessments by reput- able international bodies such as the IMF and the OECD have confirmed that the Irish system of financial regulation complies with best international practice. I might also add that Irish banks are well capitalised, liquid, profitable with strong asset quality and no material exposure to sub-prime securitisations and are thus well placed to cope with the uncertainty currently prevailing at the international level. As regards the coverage of the current Irish DGS, the Deputy will probably be aware that it guarantees 90% of deposits with a credit institution up to a limit of \22,222, which means that the maximum payout is \20,000. This is in line with the requirements of the EU Deposit Guarantee Directive and as highlighted in the recent OECD Economic Survey of Ireland, it is 562 Questions— 27 May 2008. Written Answers in the mainstream of European law and practice and should be sufficient to provide protection to the vast majority of depositors. The Deputy may be aware that arising from an ECOFIN Council meeting in October 2007 in the wake of the dislocation in the global financial markets, the EU has been considering possible enhancements to the EU Deposit Guarantee Directive. This review is ongoing and Ireland is participating in those discussions. I and my Department will consider the efficacy of national arrangements in the light of this to ensure that savers in Ireland benefit from safeguards in line with EU best practice.

Tax Yield. 175. Deputy Damien English asked the Minister for Finance the income earned by the State on all duties and taxes imposed on the sale of white diesel for motoring, on green diesel, home heating oil, and petrol for each of the years 2004, 2005, 2006, 2007 and to date in 2008 in tabular readable form; and if he will make a statement on the matter. [20895/08]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the amounts of tax revenue collected from Mineral Oil Tax and VAT on these products for the years 2004 to 2007 and the first four months of 2008 are as follows:

Mineral Oil Tax 2004 2005 2006 2007 2008 Prov. (Jan to Apr) Prov.

\m \m \m \m \m

Petrol 970.7 1001.9 1026.4 1051.3 382.4 Auto Diesel 870.7 920.5 1016.7 1075.8 392.6 Marked Gas Oil 70.9 72.9 68.8 68.4 26.2 Kerosene 33.5 33.7 18.0 0.0 0.0

Total 1,945.8 2,029.0 2,129.9 2,195.5 801.2

Estimated VAT 2004 2005 2006 2007 2008 Yield Est. Est. Est. Est. (Jan to Apr) Est.

\m \m \m \m \m

Petrol 342 393 440 465 177 Auto Diesel 38 46 53 57 23 Marked Gas Oil 48 65 73 70 31 Kerosene 51 69 79 77 46

Total 479 573 645 669 277 Note: The VAT yield from petroleum products is estimated, as the information to be furnished on VAT returns does not require the yield from particular sectors of trade to be identified. It should also be noted that the VAT content of purchases of Auto Diesel is a deductible credit for business in the Irish VAT system.

Departmental Staff. 176. Deputy John O’Mahony asked the Minister for Finance the number of additional customs and excise officials recruited since the date of the introduction of vehicle registration tax; and if he will make a statement on the matter. [20919/08] 563 Questions— 27 May 2008. Written Answers

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that all work relating to the management of vehicle registration tax has been carried out within the overall staffing limits agreed with my Department and no additional numbers have been recruited specifically for dealing with vehicle registration tax.

Decentralisation Programme. 177. Deputy John O’Mahony asked the Minister for Finance the number of Revenue Com- missioner officials who transferred from Revenue offices to decentralised Departments since the date that decentralisation first commenced; and if he will make a statement on the matter. [20920/08]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that three hundred and forty three (343) revenue officials have transferred from revenue offices to other decentralised Departments since the Minister’s announcement in the December 2003 budget.

Customs and Excise. 178. Deputy John O’Mahony asked the Minister for Finance the guidelines laid down for the inspection of passengers being searched at ports and airports by customs and excise authorities; and if he will make a statement on the matter. [20921/08]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that Customs Officers have powers to search persons at ports and airports under the Customs Acts. Officers must, in the first instance, have reason to suspect that a person has concealed on his/her person uncustomed or prohibited goods (including drugs) which have been imported or that the person is attempting to export prohibited goods. The authorisation of a senior officer must be obtained before a person is searched. This officer reviews the case to ensure there is a valid reason for the search and that such action is proportionate in the circumstances of the case before the search is allowed to proceed. The officer(s) conducting a search must be of the same sex as the person to be searched. Search rooms are provided for this purpose in all the larger ports and airports. Officers are trained in search of person as part of their enforcement training programme. Customs also have powers under proceeds of crime legislation to search persons if they suspect an attempt is being made to import or export cash which is not less than the prescribed amount (currently \6,350) and that the cash directly or indirectly represents the proceeds of crime or is intended by the person for use in connection with any criminal conduct.

179. Deputy John O’Mahony asked the Minister for Finance the number of inspections of occupants of private aircraft which were carried out by customs and excise authorities at Carrickfin, Sligo, Ireland West and Galway airports in the years 2004, 2005, 2006 and 2007; and if he will make a statement on the matter. [20922/08]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that during the years in question a total of 191 inspections of the occupants of private aircraft were carried out at the airports concerned as follows:

Year 2004 2005 2006 2007

Number of Inspections 35 40 43 73

564 Questions— 27 May 2008. Written Answers

I am further advised by the Revenue Commissioners that Customs controls at the airports listed are risk based and are carried out by mobile Special Compliance/Enforcement staff. A drugs detector dog is used frequently and attendance by staff is selective and targeted and is based on analysis and evaluation of general seizure trends, traffic frequency, route and similar risk indicators. These attendances are kept under constant review in particular to take account of emerging smuggling trends and any traffic increase at the airports. It is important to note by way of context that the operating environment for Customs has been shaped to significant degree by the introduction of the Internal Market and the related principles of freedom of movement within the European Union. Of specific relevance are the abolition of routine and systematic Customs checks on goods and passengers moving within any part of the EU and the elimination of Customs controls on the baggage of intra-Community passengers other than anti-smuggling checks. This is particularly relevant in the case of aero- dromes listed where passenger traffic is predominantly intra-Community. In this context, Revenue’s approach has of necessity been to balance the freedom of movement principle in regard to people and goods with the need to control smuggling and enforce prohibitions and restrictions. The Revenue Commissioners assure me that having regard to the context set out above, they are satisfied that their risk based approach, which is in line with the methodology adopted by other EU administrations in similar circumstances, remains valid. I am also assured that the Revenue Commissioners will continue their strong commitment to playing their part in combat- ing smuggling criminal activity without unduly impeding international travellers or international trade. I am advised that a risk rating for these airports was carried out at the beginning of this year and is due to be reviewed by 30 June 2008. Any enforcement issues arsing from this review will be dealt with.

Flood Relief. 180. Deputy Edward O’Keeffe asked the Minister for Finance the reason for the delay in commencing flood relief works in an area (details supplied) in County Cork. [20965/08]

Minister of State at the Department of Finance (Deputy Martin Mansergh): There is no delay on this scheme. The programme for the progression of the Munster Blackwater (Fermoy North) Drainage Scheme showed the tenders for the civil engineering contract to undertake the works being received in the middle of May. Those tenders have been received and are currently being assessed. Once a tender report has been completed, the Office of Public Works expects to issue a Letter of Intent to the successful contractor towards the end of June, with works commencing within a matter of weeks afterwards. This is in line with the programme outlined previously.

Telecommunications Services. 181. Deputy Eamon Gilmore asked the Minister for Finance if there are plans to increase and upgrade telecommunications equipment which is attached to the telecommunications mast at Shankill Garda Station; the discussions the Office of Public Works has had with telecommunications operators regarding this matter; and if he will make a statement on the matter. [20995/08]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The Office of Public Works is currently carrying out minor engineering work on the telecommunications mast at Shankill Garda Station with a view to ensuring that it is capable of supporting equipment

565 Questions— 27 May 2008. Written Answers

[Deputy Martin Mansergh.] which will be required for the National Garda Digital Radio Network. There is one telecommunications operator with equipment on the mast at present. The OPW has been in discussions with other operators, who have also made requests to use the mast, but no decision has been taken in the matter.

Tax Yield. 182. Deputy Michael Ring asked the Minister for Finance the tax take on a litre of diesel costing \1, \1.05, \1.10, \1.15, \1.20, \1.25 and \1.30. [20997/08]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the tax take, in cents, on a litre of diesel selling at the stated prices is as follows:

Commodity Price per Litre Excise Content VAT Content Total Tax Content

1 Litre (Cents) (Cents) (Cents) (Cents)

Diesel 100 36.8 17.4 54.2 105 36.8 18.2 55.0 110 36.8 19.1 55.9 115 36.8 20.0 56.8 120 36.8 20.8 57.6 125 36.8 21.7 58.5 130 36.8 22.6 59.4

183. Deputy Michael Ring asked the Minister for Finance the tax take on a litre of petrol costing \1, \1.05, \1.10, \1.15, \1.20, \1.25 and \1.30. [20998/08]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the tax take, in cents, on a litre of petrol selling at the stated prices is as follows:

Commodity Price per Litre Excise Content VAT Content Total Tax Content

(Cents) (Cents) (Cents) (Cents) Petrol 100 44.3 17.4 61.6 105 44.3 18.2 62.5 110 44.3 19.1 63.4 115 44.3 20.0 64.2 120 44.3 20.8 65.1 125 44.3 21.7 66.0 130 44.3 22.6 66.8

EU Directives. 184. Deputy Eamon Gilmore asked the Minister for Finance if the EU has imposed fines or penalties on Ireland for non-compliance with EU laws on tendering; and if he will make a statement on the matter. [21004/08]

Minister for Finance (Deputy Brian Lenihan): No fines or penalties have been imposed on Ireland in respect of tendering procedures referred to the European Commission or the Euro- 566 Questions— 27 May 2008. Written Answers pean Court of Justice for examination on the basis of compliance with EU laws on public tendering. In relation to the European Regional Development Fund (ERDF) and the Cohesion Fund, the European Commission or the European Court of Auditors conduct audits on individual programmes or projects and following the outcome of extensive consultation procedures with the Member State in question, may impose a financial corrections for a failure to comply with a particular article in the Public Procurement Directive. Since 2000 the European Commission has imposed Cohesion Fund financial corrections for breaches of tendering amounting to \10.3 million. This represents only about 0.5% of the total of \2,081.2 million in Cohesion funding approved for Ireland in the 1993-2003 period.

Tax Yield. 185. Deputy Michael Ring asked the Minister for Finance the tax take on motor fuels for each of January, February and March 2007; if he will compare these figures to the corresponding figures for 2008. [21005/08]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the amounts of tax revenue collected from Mineral Oil Tax and VAT on motor fuels for the period January to March 2007 as compared to January to March 2008 are as follows:

Mineral Oil Tax 2007 Prov. 2008 Prov. Diff. % Change

\m \m \m %

Petrol Jan 122.5 123.2 0.7 0.5% Feb 80.6 83.2 2.6 3.2% Mar 88.5 84.9 −3.6 −4.1%

Total 291.6 291.3 −0.3 −0.1%

Diesel Jan 111.3 113.7 2.4 2.2% Feb 85.5 91.0 5.5 6.4% Mar 91.3 88.3 −3.0 −3.3%

Total 288.1 293.0 4.9 1.7%

Estimated VAT 2007 Est. 2008 Est. Diff % Change Yield

\m \m \m%

Petrol Jan 49.7 57.3 7.6 15.3% Feb 32.3 38.1 5.8 17.8% Mar 37.0 39.7 2.7 7.4%

Total 118.9 135.0 16.1 13.5%

Diesel Jan 5.6 6.7 1.1 19.5% Feb 4.2 5.2 1.0 23.2% Mar 4.6 5.1 0.5 10.1%

Total 14.4 16.9 2.5 17.6% Note: The VAT yield from petroleum products is estimated, as the information to be furnished on VAT returns does not require the yield from particular sectors of trade to be identified. It should also be noted that the VAT content of purchases of Auto Diesel is a deductible credit for business in the Irish VAT system.

567 Questions— 27 May 2008. Written Answers

[Deputy Brian Lenihan.]

The yield from excise, as excise is set at a nominal amount, does not increase as the price of fuels increase. On the other hand, the yield from VAT, as VAT is set as a percentage of the price, increases as the price of fuels increase. However, in this regard it should be borne in mind that to the extent that spending in the economy is re-allocated to petrol and other oil products, and away from other VAT liable spending, and to the extent that the overall level of economic activity is reduced by higher oil prices, there may be little or no net gain to the Exchequer.

186. Deputy Michael Ring asked the Minister for Finance if he will express as a percentage the tax take on a motorist who spends \50 on diesel. [21006/08]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the percentage tax take on a motorist who spends \50 on diesel is 45%. This percentage is based on a sample price of \1.32 per litre.

187. Deputy Michael Ring asked the Minister for Finance if he will express as a percentage the tax take on a motorist who spends \50 on petrol. [21007/08]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the percentage tax take on a motorist who spends \50 on petrol is approximately 53%. This percentage is based on a sample price of \1.25 per litre.

Tax Code. 188. Deputy Dan Neville asked the Minister for Finance if a person (details supplied) in County Limerick who is separated over five years from their spouse for tax purposes can now be taxed as a single person and given the appropriate allowances; and if all moneys due to them from Revenue that is tax will be issued to them without further delay. [21043/08]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that a single person’s certificate of tax credits and standard rate cut-off point, granting single person’s tax credits and the appropriate standard rate band in respect of the tax year 2008, issued to the person in question on 12 April 2008. There was no tax paid in 2004 by the person and tax credits granted for the tax years 2005 and 2006 were under allowed. Arrangements have been made to issue PAYE balancing statements for these years to the person and the appropriate refunds will be made shortly. The Revenue Commissioners have no details of pay and tax for the person in question for the tax year 2007 so if a P60 can be submitted for that year, a review of tax deducted will be carried out. Tax relief in respect of mortgage interest is now granted at source and the person in question is currently in receipt of that relief from her mortgage provider.

Domiciliary Care Allowance. 189. Deputy Ro´ isı´n Shortall asked the Minister for Health and Children if her attention has been drawn to the difficulties experienced by families who are in receipt of domiciliary care allowance whereby when the payment lapses on the child’s 16th birthday, the automatic entitlement to the carer’s respite grant lapses with it; and if she will make a statement on the matter. [21013/08]

568 Questions— 27 May 2008. Written Answers

190. Deputy Ro´ isı´n Shortall asked the Minister for Health and Children the rationale for limiting domiciliary care allowance to children up to the age of 16 years; and the estimated extra cost to the State of extending the age limit to 18 years. [21014/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): I propose to take Questions Nos. 189 and 190 together. Domiciliary Care Allowance is a monthly allowance administered by the Health Service Executive (HSE). Eligible children from birth to the age of 16 who are living at home and who have a severe disability requiring continual or continuous care and attention which is substantially in excess of that normally required by a child of the same age may qualify for Domiciliary Care Allowance. The current Domiciliary Care Allowance rate is \299.60 per month. Entitlement to Domiciliary Care Allowance ceases on the child’s 16th birthday. However, when the child is approaching the age of 16, the HSE advise the family to apply for the Dis- ability Allowance, operated by the Department of Social and Family Affairs. I understand that the Health Service Executive notify the parent(s) or guardian(s) of the child at least six months prior to the child’s 16th birthday. Claimants must satisfy a means test and medical criteria. The personal Disability Allowance rate is \197.80 per week. While the automatic entitlement to respite care grant lapses with the Domiciliary Care Allowance, a respite care grant is available from the Department of Social and Family affairs, subject to the satisfaction of eligibility criteria. There are no proposals to extend the age limit of the Domiciliary Care Allowance. My Department has asked the HSE, if it is possible, to estimate the cost of extending the age limit to 18 years of age net of those people who would switch to Disability Allowance and to reply directly to the Deputy.

191. Deputy Ro´ isı´n Shortall asked the Minister for Health and Children the number of children currently in receipt of domiciliary care allowance. [21015/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): The Deputy’s question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Cancer Screening Programme. 192. Deputy Ro´ isı´n Shortall asked the Minister for Health and Children the reason a decision was taken by the National Cancer Screening Service to outsource specialised cervical screening to an American company (details supplied); the implications this will have for laboratory services here and other allied health services that have been providing a quality service in the absence of a national screening programme; and the measures her Department is taking to promote job creation here in this particular sector. [21057/08]

Minister for Health and Children (Deputy Mary Harney): The National Cancer Screening Service (NCSS) will shortly implement a quality assured national population based screening programme, so that unnecessary deaths from cervical cancer among women can be avoided. The (NCSS) have announced a preferred bidder for the provision of laboratory testing services for the National Cervical Screening Programme. This is an important milestone which will

569 Questions— 27 May 2008. Written Answers

[Deputy Mary Harney.] enable the NCSS to launch the first quality assured, population based National Cervical Screen- ing Programme for women in Ireland aged 25-60 years. The Deputy will appreciate that quality is a critical requirement of the new programme in the context of patients’ best interests. In keeping with EU procurement legislation, the procurement process is being conducted in an open and competitive manner. Submissions were invited from local and international laboratories during the process.ΛQuality standards formed the key measurement criteria and there were strict quality criteria/accreditation required. The necessary entry criteria in choosing a cytology partner also included a laboratory dealing with a volume of a minimum of 25,000 smears per annum. These criteria were chosen in line with international acceptable criteria for cervical screening programmes. The NCSS has concluded that the preferred bidder can deliver a service that meets all of the required quality criteria. The initial contractual period with laboratories will be for a two year period. The HSE has undertaken a review of its laboratory medicine services. I welcome steps that are being taken by certain HSE funded laboratories to secure accreditation. I believe that if all those involved work together in partnership there is scope to provide high quality and cost effective services within HSE funded laboratories. The National Hospitals Office (NHO) of the HSE has a commitment to staff currently employed in cytology services, and has met with their representative. Any decisions regarding reassignment of employees will be addressed after the National Cancer Screening Service has completed the procurement process for cytology services.

Pension Provisions. 193. Deputy John Cregan asked the Minister for Health and Children when payment of moneys due from the Health Service Executive will be made to a person (details supplied) in County Limerick in respect of the person’s employment as a home help further to the person’s recent retirement; and if she will make a statement on the matter. [20546/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive administers the pension scheme in question and therefore is the appropriate organisation to address the Deputy’s query. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Personal Care Assistants. 194. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children the waiting list for personal care assistants for people with a disability in the Dublin area per postal district; the steps to reduce the waiting list; and if she will make a statement on the matter. [20547/08]

Mental Health Services. 195. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children if rehabilitation

570 Questions— 27 May 2008. Written Answers duties form part of the duties of psychiatric nurses in rehabilitation units under the Health Service Executive; and if she will make a statement on the matter. [20548/08]

Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act, 2004. It is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

196. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children when a hospital (details supplied) in County Dublin was built and renovated as a rehabilitation unit; and the staff compliment of same and their grade. [20549/08]

197. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children the amount of the staffing grant and the operating budget per month for a hospital (details supplied) in County Dublin. [20550/08]

198. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children the reason there is no access officer for a hospital (details supplied) in County Dublin, as there is a gravel path at the entrance which means it is not accessible to persons in wheelchairs; and if it is correct that if the rehabilitation unit was built prior to the Disability Act 2004, there must be an access officer appointed to address the issues of access, egress etc. [20551/08]

200. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children the measures that can be taken if consultants or clinical directors of a hospital (details supplied) in County Dublin are unwilling to comply with the policy as set out in A Vision for Change and the guidelines of the Mental Health Commission on treatment of psychiatric patients in rehabilitation units when it is not a resource issue in views of the fact that there is a staff ratio of 5:2. [20553/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): I propose to take Questions Nos. 196 to 198, inclusive, and 200 together. Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The Executive, therefore, is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Service Staff. 199. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children the steps including disciplinary steps, that can be taken if a member of staff at a rehabilitation unit is not willing or has not fulfilled his or her role as outlined in a patients care-plan; and if she will make a statement on the matter. [20552/08]

Minister for Health and Children (Deputy Mary Harney): Almost 130,000 people work full- time or part-time in our public health services. It is a matter for the Health Service Executive to manage its human resources to best meet the requirements of its Annual Service Plan for

571 Questions— 27 May 2008. Written Answers

[Deputy Mary Harney.] the delivery of health and personal social services to the public. This includes dealing with matters relating to staff disciplinary procedures. I am aware that the HSE has produced a comprehensive document on the matter entitled “Grievance and Disciplinary Procedures for the Health Service”. This document was produced by a joint union/management working group under the auspices of the HSE — Employers Agency. The procedures were prepared in accordance with the Labour Relations Commission’s Code of Practice on Grievance and Disciplinary Procedures and came into effect from 1st May 2004. Professionals who are subject to statutory regulation, such as doctors and nurses, may also face an inquiry and disciplinary process through their regulatory body in the event that a complaint of professional misconduct is made against them. As disciplinary procedures regarding HSE staff are a matter for the Executive, my Depart- ment has requested the HSE to investigate the matter raised by the Deputy further and to reply to him directly.

Question No. 200 answered with Question No. 196.

Domiciliary Care Allowance. 201. Deputy Emmet Stagg asked the Minister for Health and Children the reason in the past eight months the Health Service Executive have not assessed a child (details supplied) in County Kildare for domiciliary care allowance. [20577/08]

Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the management and delivery of health and personal services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Children in Care. 202. Deputy Joe Carey asked the Minister for Health and Children the number of children in County Clare under the supervision or in the care of the Health Service Executive who have gone missing or are unaccounted for; and if she will make a statement on the matter. [20615/08]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): The Deputy’s question relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Services Expenditure. 203. Deputy Joe Carey asked the Minister for Health and Children the protocols in place for the Health Service Executive and the circumstances under which the HSE can divert voted Oireachtas moneys for the provision of a specific health service to another health service; and if she will make a statement on the matter. [20616/08]

Minister for Health and Children (Deputy Mary Harney): The Revised Estimates Volume sets out a formal description of the services to be financed from each Vote and sets out the gross provision by subhead. The subheads of a Vote set out the detailed allocations of all the expenditure on programmes and services within the ambit of the Vote, and are the headings

572 Questions— 27 May 2008. Written Answers under which a Department or Office is required to account for the expenditure in its Appropri- ation Account. If, after publication of the Revised Estimates Volume, factors emerge to change the amount of the requisite grant before it has been voted, the Estimate may be withdrawn and replaced by a Further Revised Estimate. In accordance with Public Financial Procedures allocations may be transferred between subheads with the approval of the Department of Finance, by a process known as ‘virement’. This allows savings in one area to be compensated for by higher than anticipated spending in another, and can include viring between capital and revenue. Sanction for important changes is not given unless the prior approval of the Committee of Public Accounts has been obtained by the Department of Finance. Where the changes proposed are substantial a Supplementary Estimate may also be used by the Department of Finance to secure Da´il approval to switch money from one particular service to another within a Vote. These protocols apply to the HSE Vote 40 in the same way as they apply to other Votes.

Departmental Investigations. 204. Deputy Joe Costello asked the Minister for Health and Children if an inquiry has been established into the treatment and death of a person (details supplied); the findings of same; and if she will make a statement on the matter. [20617/08]

Minister for Health and Children (Deputy Mary Harney): I was very concerned to learn of the death of the lady concerned and I wish to extend my sincere sympathies to her family at this very difficult time. I have requested the Health Service Executive (HSE), as the appropriate body to consider this case in the first instance, to furnish a report, as a matter of urgency, to my Department on the issues raised. I will reply directly to the Deputy on foot of the HSE response.

Health Services. 205. Deputy Pat Breen asked the Minister for Health and Children the number of speech and language therapists working with primary schools in County Clare; and if she will make a statement on the matter. [20637/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional \75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5’s and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements. The Government is also honouring its promise in relation to the Multi-Annual Investment Programme for people with disabilities, with a further \50m investment which was announced in the 2008 Budget. The Deputy’s specific question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs

573 Questions— 27 May 2008. Written Answers

[Deputy John Moloney.] Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Repayment Scheme. 206. Deputy Pat Breen asked the Minister for Health and Children the number of appeals heard under the health repayment scheme; the number of those appeals successful and the number unsuccessful in County Clare; and if she will make a statement on the matter. [20638/08]

Minister for Health and Children (Deputy Mary Harney): The Health Repayment Scheme Appeals Office is an independent office established to provide an appeals service to those who wish to appeal the decision of the Scheme Administrator under the Health (Repayment Scheme) Act 2006. My Department has been advised by the Health Repayment Scheme Appeals Office that up to 16 May 2008 the Health Repayment Scheme Appeals Office has issued decisions in relation to 1,293 appeals.Λ 1,000 of the decisions issued agree with the decision of the scheme administrator. 122 of these decisions resulted in an initial offer being made to claimants and a further 171 decisions resulted in an increased offer of repayment to claimants. The Health Repayment Scheme Appeals Office does not categorise its decisions on a county by county basis.

Hospitals Building Programme. 207. Deputy Richard Bruton asked the Minister for Health and Children the planned commencement date on construction of the new children’s hospital to replace Temple Street Hospital; the level of provision in key specialising which will be provided on the site; and the plans to undertake a transition for various component services to the new facilities. [20641/08]

257. Deputy James Reilly asked the Minister for Health and Children the projected cost of the development of the new national paediatric hospital; the funding that has been ring-fenced or provided to date; the source of this funding; the arrangements that have been put in place to meet remaining costs; and if she will make a statement on the matter. [20978/08]

258. Deputy James Reilly asked the Minister for Health and Children the status of the new national paediatric hospital project; the date construction of the new hospital will commence; when she expects the project to be completed; and if she will make a statement on the matter. [20979/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 207, 257 and 258 together. The development of the National Paediatric Hospital is a priority project for the Govern- ment. The objective is to provide a world class specialist paediatric service for children in this country. The National Paediatric Hospital Development Board was established in May 2007. The Board has statutory responsibility for planning, designing, building, furnishing and equipping the new National Paediatric Hospital. The Board is made up of representatives from transferring paediatric hospitals, the Faculty of Paediatrics of the Royal College of Physicians of Ireland, the General Public and the Health Service Executive. The Executive is working closely with the Development Board in progressing the project.

574 Questions— 27 May 2008. Written Answers

The Board is in the process of recruiting a number of key personnel to progress the project to the next stage, including a Chief Officer and a Medical Director. My Department is advised that the Development Board hopes to be in a position to make these appointments shortly. The Board is also procuring professional project management support services. Tenders for a Business Adviser Service are currently being evaluated by the Board, while invitations to tender issued recently to short-listed candidates for Planning and Design support services (including architects, engineers etc). Tenders are required to be submitted to the Board by the end of May. Following the recruitment of the support teams, the next stage of the project will involve the preparation of a detailed Development Brief for the new hospital. This will build on the work undertaken for the HSE by RKW, which involved the preparation of a High Level Framework Brief for the hospital. The target of the Board is to have the Development Brief completed by the end of the 1st Quarter 2009. The Brief will be converted into a detailed design, outlining the exact dimensions and specifi- cations for the new hospital, to allow the project proceed to tender for construction. The HSE Draft Capital Plan includes provision for the bulk of the anticipated cost through National Development Plan Exchequer funding. The final cost will not be known until completion of the detailed Development Brief. The legal requirements to enable the transfer of the designated site for the hospital to the HSE have been agreed. The legal firm representing the Mater Hospital has been instructed to proceed with the execution of the agreement for the transfer. I look forward to continuing progress on this important development. My Department has asked the Parliamentary Affairs Division of the Health Service Execu- tive to revert to the Deputies on the specific operational issues raised.

Cancer Screening Programme. 208. Deputy James Reilly asked the Minister for Health and Children if she will confirm that she or the Health Service Executive has recently entered into five year leasing agreements for upgrading and supply of two imager machines for reading cervical smear tests for St. James’s- Coombe Hospitals and Rotunda-Beaumont at a cost of \1 million per machine totalling \2 million; the use these machines will be put to over the next five years taking into account her plans to outsource all cervical smear tests to an American company; and if she will make a statement on the matter. [20642/08]

Minister for Health and Children (Deputy Mary Harney): The specific questions raised by the Deputy in relation to equipment for cervical smear testing relate to the management and delivery of health and personal social services, which are the responsibility of the HSE under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to respond directly to the Deputy in this regard.

Patient Safety. 209. Deputy James Reilly asked the Minister for Health and Children her plans to regulate eye clinics offering laser eye surgery; if her Department or the Health Information and Quality Authority have remit in inspecting such clinics to ensure they meet best practice and internationally safe standards; if not, if she will take steps to initiate and enable such regulation and inspection by HIQA or the relevant authority; and if she will make a statement on the matter. [20644/08]

575 Questions— 27 May 2008. Written Answers

Minister for Health and Children (Deputy Mary Harney): At present there is no legislation in Ireland governing laser eye treatment. However, the involvement of medical practitioners in this practice is subject to the provisions of the Medical Practitioners Act and the Medical Council’s guidelines. Under the Medical Practitioners Act 1978, the Medical Council is charged with responsibility for the registration of medical practitioners and the regulation of their activities. The Medical Practitioners Act 2007 provides for a clear compulsory requirement for registration of all medical practitioners, changes to the Fitness to Practise process and the introduction of a mandatory scheme for the maintenance of professional competence. Provision is also made for the Medical Council to have a function in relation to advertising by registered medical practitioners. The Act will be commenced on a phased basis over the coming months. When commenced, these and other new provisions of the Act will afford greater protection to the public. In January 2007, the Commission on Patient Safety and Quality Assurance was established to develop proposals for a health service wide system of governance based on corporate accountability for the quality and safety of all health services. One of its terms of reference is to specifically examine and make recommendations in relation to a statutory system of licensing for public and private health care providers and services. The Commission is due to report by July this year.

Adoption Services. 210. Deputy John Deasy asked the Minister for Health and Children her plans to amend the Adoption Act 1952, to allow for the adoption of a child by a surviving parent and his or her new spouse; and if she will make a statement on the matter. [20652/08]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): Section 10(c) of the Adoption Act, 1952, as amended by Section 2 of the 1964 Act provides that, in order to be eligible for adoption, a child must be “illegitimate or an orphan” or be a child who has been legitimated, but whose birth has not been re-registered. The Adoption Act, 1988, does permit the adoption of any child (including children of marriage) but only in exceptional and very limited circumstances where the parents are shown to have completely abandoned their parental duties, and there is an expectation that they will continue to do so until the child reaches the age of eighteen. After its passage through the Oireachtas, the President referred the Adoption Bill, 1988 to the Supreme Court under Article 26 of the Constitution, for a decision on whether the provisions of the Bill were repugnant to the Constitution. While it was found to be Constitutional, and subsequently became the Adoption Act, 1988, it was clear that these narrow circumstances, based on Article 42.5 of the Constitution, were the basis for the decision of the Supreme Court. The Twenty-Eighth Amendment of the Constitution Bill, 2007 was published in February 2007 and contained the Government’s proposal to amend the Constitution in relation to children and included a provision to ensure that all children would be eligible for voluntary adoption, subject to appropriate consents. The Programme for Government of June 2007 committed to deepening consensus on the Twenty-Eighth Amendment of the Constitution Bill, 2007 and to this end, the Joint Committee on the Constitutional Amendment on Children [JCCAC] was established in November, 2007, to report back within four months, on the proposals set out in the Bill. The Committee recently received Da´il and Seanad approval for an extension of their timeframe to 30th November 2008. The Committee is now progressing with its work and the Government awaits the outcome of its deliberations before proceeding further with the proposed amendment of the Constitution in relation to children.

576 Questions— 27 May 2008. Written Answers

Health Services. 211. Deputy Finian McGrath asked the Minister for Health and Children if she will advise on the case of a person (details supplied). [20659/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- tive is the appropriate body to consider the particular case raised by the Deputy. My Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Cancer Screening Programme. 212. Deputy James Reilly asked the Minister for Health and Children if she will report on the outsourcing of cervical smears in Cork where 39,000 smears were processed by a company (details supplied); the number of smears that were borderline; the number that were positive; the number that were negative; the number that were high grade; the number that were repeats; the number of high grades missed by the company; if she will confirm that 12 high grades were missed by the company; and if she will make a statement on the matter. [20664/08]

Minister for Health and Children (Deputy Mary Harney): The specific questions raised by the Deputy in relation to cervical smear test results relate to the management and delivery of health and personal social services, which are the responsibility of the HSE under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to respond directly to the Deputy in this regard.

Departmental Staff. 213. Deputy Leo Varadkar asked the Minister for Health and Children the number of civil servants within her Department at the grade of assistant principal or higher; the number of whom were recruited to those roles from outside of the Civil Service; and if she will make a statement on the matter. [20678/08]

Minister for Health and Children (Deputy Mary Harney): Towards 2016 commits Depart- ments and Trade Unions to agreement on the increased use of Open Recruitment to the Civil Service. In any year the Civil Service may recruit from Open Competition to fill:

• 2 in 9 of all vacancies at Principal Officer and equivalent level with effect from May 2007

• 1 in 5 of all vacancies at Assistant Principal and equivalent level with effect from September 2007

• 1 in 6 of all vacancies at Higher Executive Officer and equivalent level with effect from October 2007. The Deputy should note that existing civil servants may apply for open recruitment competitions run by the Public Appointments Service. The number of civil servants at or above the grade of Assistant Principal (AP) in my Depart- ment on 31st December 2007 was 155 wholetime equivalents (WTE). This figure does not include officers seconded in or out of the Department. Of these, 16.8 WTE have been recruited directly from outside the Civil Service to positions at AP level and above. The breakdown of grades is as follows:

577 Questions— 27 May 2008. Written Answers

[Deputy Mary Harney.]

Grade/Grade Equivalent Wholetime Equivalent Recruited from Outside the Civil Service

Assistant Secretary 8 0 Assistant Principal 92.9 3 Appeals Officer 1 1 Chief Medical Officer 1 1 Deputy Chief Medical Officer 5.5 5.5 Director 2 0 Legal Adviser 1.5 1.5 Pharmacist 0.8 0.8 Principal Officer 38.3 3 Professional Accountant 1 1 Secretary General 1 0 Senior Statistician 1 0 Senior Welfare Officer 1 0

Total 155 16.8

Health Services. 214. Deputy Joe McHugh asked the Minister for Health and Children the mechanisms, which are in place for hiring taxis in terms of tendering, value for money and procedure for using taxis, which are in close proximity to the patient; and if she will make a statement on the matter. [20685/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

215. Deputy Joe McHugh asked the Minister for Health and Children if she will expedite the appointment of an occupational therapist to a person (details supplied) in County Donegal, in order to ascertain the need for a special needs assistant; and if she will make a statement on the matter. [20686/08]

The Deputy’s specific question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Legislative Programme. 216. Deputy Timmy Dooley asked the Minister for Health and Children the status of the proposed fair deal scheme for elderly nursing home care. [20690/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): The Bill providing for the Fair Deal scheme is being finalised by the Office of the Attorney General at present. My colleague, the Minister for Health and Children, intends to publish the Bill as soon as possible following finalisation by the Attorney General and Government approval, and to bring the legislation through the Houses of the Oireachtas thereafter.

Health Services. 217. Deputy Finian McGrath asked the Minister for Health and Children the position regarding the case of a person (details supplied) in Dublin 14. [20692/08]

Pharmacy Regulations. 218. Deputy Jack Wall asked the Minister for Health and Children the number of pharmacists that have withdrawn from the community drugs scheme; the alternative mechanisms her Department or the Health Service Executive have put in place to overcome such problems; the cost to her Department or the HSE of arranging such mechanisms; the number of patients or customers that the new arrangements have to deal with; and if she will make a statement on the matter. [20695/08]

222. Deputy Jack Wall asked the Minister for Health and Children the position of the negotiations between the pharmacists and the Health Service Executive; if a deadline has been set in relation to the conclusion of the negotiations; and if she will make a statement on the matter. [20703/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 218 and 222 together. Firstly, I would point out that no community pharmacist has withdrawn from the community drugs schemes at this point, and all patients continue to receive their entitlements in the normal way. An agenda has been agreed for detailed discussions on a number of outstanding issues between the Irish Pharmaceutical Union (IPU) and the Health Service Executive (HSE). These discussions commenced in the week beginning 5 May 2008, and are ongoing. With goodwill on all sides I am hopeful that these discussions can bring about an agreed resolution on these issues in the coming weeks.

579 Questions— 27 May 2008. Written Answers

[Deputy Mary Harney.]

Following the withdrawal of injunction applications by the HSE against individual pharmacists for threatened breach of contract, both sides agreed that there will be no disruption of pharmacy services pending the completion of the work of the Independent Pricing Body — chaired by Mr. Sean Dorgan. In addition, a process of mediation requested by the High (Commercial) Court is due to begin on 5 June next under the chairmanship of Mr. Eoin McCul- lough S.C.

Hospital Waiting Lists. 219. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children when a person (details supplied) in Dublin 12 will have the surgery they have waited 18 months for; and if she will make a statement on the matter. [20697/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Staff. 220. Deputy Liz McManus asked the Minister for Health and Children the action she is taking, in view of complaints to the Health Service Executive regarding the deterioration of staffing at St. Colman’s Hospital, County Wicklow, to rectify the situation. [20698/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- tive is the appropriate body to consider the particular matter raised by the Deputy. My Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Community Pharmacy Services. 221. Deputy Jack Wall asked the Minister for Health and Children the savings or estimated savings to the Health Service Executive as a result of the first reduction in payments for April 2008 to the pharmacists in relation to the community drug scheme; and if she will make a statement on the matter. [20702/08]

Minister for Health and Children (Deputy Mary Harney): The information sought by the Deputy relates to matters within the area of responsibility of the Health Service Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Question No. 222 answered with Question No. 218.

Child Care Services. 223. Deputy Enda Kenny asked the Minister for Health and Children the number of cases in each of the past ten years where social workers were required to investigate allegations of

580 Questions— 27 May 2008. Written Answers children being at risk and where such investigations subsequently proved groundless; and if she will make a statement on the matter. [20707/08]

224. Deputy Enda Kenny asked the Minister for Health and Children the regulations and criteria set down that require a social worker to investigate allegations of children being at risk; and if she will make a statement on the matter. [20708/08]

225. Deputy Enda Kenny asked the Minister for Health and Children if all allegations of children being at possible risk are investigated by social workers; and if she will make a statement on the matter. [20709/08]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I propose to take Questions Nos. 223 to 225, inclusive, together. Under the Child Care Act, 1991 the Health Service Executive (HSE) has the responsibility of promoting the welfare of children who are not receiving adequate care and protection. Social workers have the major responsibility in HSE child protection duties under this Act and conduct assessments under this legislative basis. These responsibilities are carried out through locally based community care teams. The thrust of the 1991 Child Care Act promotes the welfare of children within their own families where possible, with the welfare of the child being regarded as the first and paramount principle. The social work service in the HSE actively supports children being cared for in their own family environment through its family support programmes. There are, however, a number of vulnerable families who despite intensive family support input have long-standing and/or acute difficulties which require a different intervention. Health Service staff are then engaged in assessing the risk to children’s welfare, and whether or not they can safely remain in the care of their families. Partnership with the Garda Sı´ocha´na as outlined in Children First — National Guidelines for the Protection and Welfare of Children is an essential element of this work. The introduction of Children First — National Guidelines for the Protection and Welfare of Children was intended as an aid to professionals to recognise and respond effectively to children who are vulnerable to abuse and neglect in various forms, arising from their dependency and vulnerability. In relation to the Deputy’s question on whether all allegations of children are investigated by social workers, I have asked the Parliamentary Affairs Division of the HSE to arrange to have this information issued directly to the Deputy. In relation to the statistics sought by the Deputy, from 1998 to 2005 the Department of Health and Children collated information from the HSE’s Child Care Interim Dataset. From 2005 the HSE has the responsibility for the collation of this information. Extracts from the Analysis of Child Care Interim Dataset Reports from the years 1998 to 2004, which are relevant to the Deputy’s questions, are being compiled and will be forwarded to the Deputy as soon as possible. In relation to data from 2005 to date my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this information issued directly to the Deputy.

Hospital Accommodation. 226. Deputy Seymour Crawford asked the Minister for Health and Children the number of private hospitals in use here; the location and bed capacity of each hospital; the number of public hospitals in use and on call; the number of beds being used in each of them; her views on whether bed capacity is still a major problem in view of the fact that there is a scarcity of step down beds and a serious lack of home support; and if she will make a statement on the matter. [20715/08]

581 Questions— 27 May 2008. Written Answers

Minister for Health and Children (Deputy Mary Harney): Neither my Department nor the Health Service Executive has a direct responsibility for the operation and management of private hospitals. I am not therefore in a position to provide the information sought by the Deputy in that regard. My Department has requested the Health Service Executive to forward directly to the Deputy the detailed information sought by him in respect of public hospitals. In 2001 the Government made a commitment, in the context of the Health Strategy Quality and Fairness, to increase public acute hospital bed numbers by 3,000 over ten years. This commitment included both acute in-patient beds and day places. The Government is substantially on target to reach this objective. In 2001 the average number of in-patient beds and day places available in the 53 public acute hospitals was 12,145, based on returns to the Department (11,374 in-patient beds and 771 day places). The number of acute hospital beds recorded by the HSE for 2006 was 13,771 (12,574 in-patient beds and 1,197 day places) based on a total bed complement. This represents an increase of over 1,600, an average of some 325 new bed and day places per year, a very high level of annual increase by historic standards. The Programme for Government includes a commitment to provide an additional 1,500 public acute hospital beds. About 1,000 of these will be provided through the co-location initiative and the balance through the HSE’s capital plan, which is part of the National Develop- ment Plan. With regard to the important area of home supports, a key-stone of the Government’s policy in relation to older people is to support them to live in dignity and independence in their own homes and communities for as long as possible. In this context, over \190 million additional funding was provided in Budgets 2006 and 2007 to expand a wide range of existing community-based services. These include Home Care Packages, Home Helps, Meals-on-Wheels, and Day/Respite Care. This has significantly enhanced the capacity of the HSE to meet increasing service demands in the last two years. In 2007, for example, the Executive:

• had in place some 4,300 Home Care Packages, benefitting in the region of 11,500 clients;

• provided around 11.7 million Home Help hours;

• supported in excess of 21,000 Day Care places. In addition to these community based developments, the HSE’s Fast Track Beds Initiative is due to provide 860 public beds over the period 2007-2009 under the Executive’s capital programme. The HSE earlier this year published a Review of Acute Bed Capacity carried out by PA Consulting, together with a HSE discussion document which proposes an integrated approach to health service delivery. The Review considered that taking account of such factors as our ageing population and the increase in chronic diseases, we will need to plan for a 60% increase in demand for health care by 2020. It suggests that if current practices and processes were to continue, the demand for public hospital beds would escalate to nearly 20,000 by 2020. To meet this need we would have to provide the equivalent of twelve new 600-bed hospitals over the period to 2020. It concludes that such reliance on acute hospitals for service delivery is neither sustainable nor in the best interests of patients. The Review examined alternative approaches to meeting this demand. It recommends an integrated approach to health service delivery involving substantial change in the way care is provided. Among the measures proposed are significant increases in day beds in hospitals,

582 Questions— 27 May 2008. Written Answers more long-term care beds, more rehabilitation beds and more services in community-based, non-acute hospital settings. The Review outlines a number of bed demand scenarios. It suggests for example, that if the proposed model of integrated health service delivery was 100% operational by 2020, the number of acute beds required could be reduced to about 8,800. If the model was 75% operational, the number would be about 10,700; at 50% the number is estimated at about 13,000 and at 25% the number is about 16,000. It makes the point that other developed countries, such as Australia, Canada, Denmark and England have achieved results of this kind through their reform programmes. It also points out that some of our hospitals are already achieving the required efficiencies, such as shorter lengths of stay, more day surgery and admission on day of surgery. The challenge is to achieve these standards of service across the entire acute system. Pending the implementation of such reforms, the Review estimates that 1,100 additional acute hospital beds are needed to meet current demand. As outlined the Government has already committed itself to providing 1,500 extra acute beds through a combination of direct capital investment and the co location initiative. The Review forms a basis for discussion with key stakeholders on how best to plan for the provision of public health care delivery to 2020.

Nursing Home Subventions. 227. Deputy Seymour Crawford asked the Minister for Health and Children if her attention has been drawn to the crisis in the subvention structure particularly in the Cavan-Monaghan area where no increased payments have been allowed in 2008 to cover the increased charges being imposed by the private nursing homes; when the promised fair deal structure will be put in place; if she will advise the Health Service Executive to redirect some of the \110 million earmarked for the fair deal structure to ease the pressure of individuals and families who do not know where to turn; and if she will make a statement on the matter. [20716/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): The maximum rate of basic subvention was increased from \190 per week to \300 per week in January 2007. In addition to basic subvention, the HSE may pay a discretionary enhanced subvention. The maximum amount that can be provided as enhanced subvention is not set out in legislation and is determined by the HSE itself subject to its resources. Additional funding of \85m was allocated for subvention in Budget 2007. The Bill providing for the new Nursing Home Support Scheme, A Fair Deal, is currently being finalised by the Office of the Attorney General and will be published, as normal, when it has been approved by the Government. Redirecting some of the \110 million earmarked for the Fair Deal could only be considered within the context of the HSE’s overall financial position this year and in 2009, particularly its ability to fund the full year cost of the Fair Deal in 2009, and having regard to other competing service priorities.

Services for People with Disabilities. 228. Deputy Bernard Allen asked the Minister for Health and Children the reason a person (details supplied) in County Cork had been told that they will receive a replacement mobility scooter to replace their present one which has been broken for almost four months but that there is a long waiting list and they could not get an indication as to when they would receive the replacement scooter. [20722/08]

583 Questions— 27 May 2008. Written Answers

Minister of State at the Department of Health and Children (Deputy John Moloney): The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.

Health Services. 229. Deputy Catherine Byrne asked the Minister for Health and Children the reason the home help service in Dublin south city is currently invoicing elderly persons who are in receipt of home help for additional payments to cover annual leave for home helps, as well as payment for replacement home helps; and if she will make a statement on the matter. [20731/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- tive is the appropriate body to consider the particular matter raised by the Deputy. My Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Legislative Programme. 230. Deputy Denis Naughten asked the Minister for Health and Children when she will publish the nursing home support Bill; the reason for the delay; and if she will make a statement on the matter. [20748/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): The Bill providing for the Fair Deal scheme is being finalised by the Office of the Attorney General at present. The legislation is complex and requires careful drafting in order to ensure that the interests of older people requiring residential care are fully protected. In the course of progressing the legislation, the Department has received legal advice in relation to a number of matters. Some of these matters are still the subject of consideration in the context of finalising the Bill. It would not be appropriate to comment further until the Bill has been brought before the Government for approval. My colleague, the Minister for Health and Children, intends to publish the Bill as soon as possible following finalisation by the Attorney General and Government approval, and to bring the legislation through the Houses of the Oireachtas thereafter.

Health Services. 231. Deputy Pat Breen asked the Minister for Health and Children if a person (details supplied) in County Clare will be facilitated; and if she will make a statement on the matter. [20751/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

584 Questions— 27 May 2008. Written Answers

232. Deputy James Reilly asked the Minister for Health and Children if she will report on the findings of a Health Service Executive working group set up approximately two years ago (details supplied) to inquire into services for cystic fibrosis patients; if the group has reported; the action taken as a result of the report; if the report has not been completed, when it will it be completed; if she or the HSE will publish the report; and if she will make a statement on the matter. [20752/08]

233. Deputy James Reilly asked the Minister for Health and Children if she will pursue cross-Border co-operation with Royal Group of Hospitals for cystic fibrosis patients (details supplied); and if she will make a statement on the matter. [20754/08]

234. Deputy James Reilly asked the Minister for Health and Children if she will report on the recommendations in the Pollack report for an outreach clinic in Sligo for cystic fibrosis patients from the north west; if she or the Health Service Executive have plans to establish such a clinic; and if she will make a statement on the matter. [20756/08]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 232 to 234, inclusive, together. Following publication of the Pollock Report in 2005, the Health Service Executive established a Working Group to undertake a detailed review of cystic fibrosis services. The Group, which was multi-disciplinary in its composition, was asked to review the current configuration and delivery of services to persons with cystic fibrosis in Ireland. The Group identified a range of service improvements required for persons with Cystic Fibrosis, including the need to increase the level of clinical, nursing and allied health professional staffing in Cystic Fibrosis units around the country. Arising from the Pollock Report and the emerging recommendations of the Working Group, I identified the development of cystic fibrosis services as a policy priority in the Estimates process. In 2006 and 2007, additional revenue funding of \6.78 million was provided to the Health Service Executive (HSE) to develop services. My Department is advised by the HSE that 44 additional staff dealing with cystic fibrosis were recruited on foot of this additional funding and that the necessary funding is available to facilitate the recruitment of a further 37 staff nationally. The HSE was asked to place a particular focus on the development of services at the National Adult Tertiary Referral Centre at St. Vincent’s Hospital. A number of capital projects have recently been completed at the hospital and have helped to improve facilities. However, it is accepted that these developments do not fully address the immediate needs of patients. The HSE has been working intensively with the Hospital and with representatives of the Cystic Fibrosis Association of Ireland to progress options for further interim improvements. In the longer term, a new ward block is to be built and will include 120 replacement beds in single en-suite accommodation. The new facility will accommodate cystic fibrosis patients and will include appropriate isolation facilities. Beaumont Hospital operates as a regional centre in providing services to adults with cystic fibrosis. In the 2008 Budget, a special allocation of \2.5m capital funding was provided to enable Beaumont Hospital to provide out patient facilities for cystic fibrosis patients. I understand that the Report of the Health Service Executive Working Group on Cystic Fibrosis will include a recommendation that cross border arrangements should be facilitated if this provides closer access to specialist care and is the preference for the person with cystic

585 Questions— 27 May 2008. Written Answers

[Deputy Mary Harney.] fibrosis. The requirement for such an arrangement will need to be considered by the HSE in the context of the implementation of the Working Group recommendations. From my perspective I am supportive of collaborative arrangements between our respective health authorities which reduce the distance patients have to travel and which have the potential to match or improve health outcomes. My Department has requested the Parliamentary Affairs Division of the Executive to respond directly to the Deputy in relation to the other issues raised, including the provision of services in the North West and the publication of the Working Group.

235. Deputy James Reilly asked the Minister for Health and Children when she will introduce neonatal screening for cystic fibrosis as better outcomes result for children diagnosed early; and if she will make a statement on the matter. [20757/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive National Service Plan for 2008 includes provision for the implementation of a plan for screening newborns for cystic fibrosis and commencement of screening by the end of 2008. My Depart- ment has requested the Parliamentary Affairs Division of the Executive to respond more fully to the Deputy on the matter.

Food Labelling. 236. Deputy John Deasy asked the Minister for Health and Children the number of breaches of food labelling and traceability regulations detected in the food processing, retailing and catering sectors since 1 January 2005; the number of prosecutions undertaken as a result of such breaches; the number of convictions secured; and if she will make a statement on the matter. [20764/08]

Minister of State at the Department of Health and Children (Deputy Mary Wallace): Responsibility for the enforcement of labelling and traceability legislation rests with the Food Safety Authority of Ireland (FSAI) and its official agents, which includes the Health Service Executive and the Department of Agriculture, Fisheries and Food. Between 2005 and 2007 the Health Service Executive (HSE) reported to the FSAI that, in the course of its inspection programme, 3,683 breaches of labelling regulations were detected. Food business operators were notified of these non-compliances and appropriate follow up action was taken. The HSE has taken 58 prosecutions against food business operators in this period, some of which included charges in relation to labelling. I have asked the Chief Execu- tive Officer of the FSAI to forward, directly to the Deputy, details of how many of these prosecutions relate to labelling and how many of these prosecutions resulted in convictions. The Department of Agriculture, Fisheries and Food has indicated to the FSAI that between 2005 and 2007 it detected 662 breaches in relation to the labelling of poultry and egg products. Food business operators were notified of these non-compliances and appropriate follow up action was taken. Two prosecutions were taken in 2007 and 105 seizure notices were served. In June 2007 the FSAI secured a conviction in the District Court against a food business operation for illegal labelling of food. In March of this year South Dublin County Council secured a conviction in the District Court against a food business operator for breaches of general and beef labelling legislation.

Medical Cards. 237. Deputy Kathleen Lynch asked the Minister for Health and Children her views on grant-

586 Questions— 27 May 2008. Written Answers ing a full medical card on diagnoses to all children with a intellectual disability; and if she will make a statement on the matter. [20804/08]

Minister for Health and Children (Deputy Mary Harney): At present, medical cards are granted primarily on the basis of means and individual circumstances. Under the Health Act, 2004, determination of eligibility for medical cards is the responsibility of the Health Service Executive. Persons aged seventy years and over are automatically entitled to a medical card, irrespective of means. The HSE has discretion, in cases of exceptional need, to provide assistance to individuals where undue hardship would otherwise be caused. Medical cards are made available to persons and their dependants who would otherwise experience undue hardship in meeting the cost of general practitioner services. In 2005, the GP visit card was introduced as a graduated benefit so that people on lower incomes who do not qualify for a medical card would not be deterred on cost grounds from visiting their GP. In June 2006, I agreed with the HSE to raise the assessment guidelines for GP visit cards and these are now 50% higher than those in respect of medical cards. For medical card and GP visit card applications, the HSE now considers an applicant’s income after tax and PRSI are deducted, rather than total income. Allowances are also made for expenses on childcare, rent and mortgage costs and the cost of travel to work. I have no plans to provide for the granting of medical cards to any particular group as a whole. However, my Department is currently reviewing all legislation relating to eligibility for health and personal social services with a view to making the system as fair and transparent as possible. As part of this general review, a review of the eligibility criteria for medical cards in the context of economic/financial, medical and social need is being undertaken with a view to clarifying entitlement to a medical card, and is expected to be completed by Autumn 2008. This review will have regard, inter alia, to the Programme for Government commitment in respect of medical cards and GP visit cards to treble the income limit eligibility of parents of children with an intellectual disability under 18 years of age.

Services for People with Disabilities. 238. Deputy Kathleen Lynch asked the Minister for Health and Children her views on introducing home care packages similar to those that have been successfully introduced for older people to persons with an intellectual disability; and if she will make a statement on the matter. [20806/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): The Government is committed to providing a high quality service to all people with a disability as illustrated by the substantial investment in the disability sector over the last number of years. An integral part of the National Disability Strategy is the Multi-Annual Investment Prog- ramme, published in December 2004, which contains details of specific commitments in relation to the provision of high priority disability services over the period 2006 to 2009. These commitments include the development of new residential, respite and day places for persons with intellectual disability and autism in each of the years covered by the programme. Additional funding was also provided to enhance the level and range of multi-disciplinary support services, available to adults and children with intellectual, physical and sensory disabilities and those with autism. One of the central elements of the National Disability Strategy is The Disability Act 2005. The Act is a positive measure designed to advance and underpin participation by people with disabilities in everyday life.

587 Questions— 27 May 2008. Written Answers

[Deputy John Moloney.]

Part 2 contains the health and education related elements of the Disability Act 2005 and the Department of Health and Children together with the Health Service Executive, the Depart- ment of Education and Science and the National Council for Special Education are working together on the implementation of Part 2. In recognition of the importance of intervention early in life, which can have a significant impact on the disabling effects of a condition or impairment, Part 2 of the Disability Act 2005 commenced for children aged under 5 years with effect from 1 June, 2007. Part 2 of the Dis- ability Act 2005 provides people with disabilities with an entitlement to: an independent assessment of health and education needs; a statement of the services (Service Statement) which it is proposed to provide; pursue a complaint through the Health Service Executive complaints process if necessary; make an appeal to the independent Disability Appeals Officer. Part 2 of the Disability Act 2005 will be commenced in respect of children aged 5-18 in tandem with the implementation of the Education for Persons with Special Educational Needs Act (EPSEN) 2004. The Department of Education and Science has informed the Department that it is envisaged that all sections of the EPSEN Act 2004 will be implemented over a five year timeframe, with the assessment process as provided for in the EPSEN Act 2004 due to commence in 2010. The statutory requirements of Part 2 of the Disability Act will be extended to adults as soon as possible but no later than 2011. In preparation for its implementation, health related support services for children aged 5 to 18 and adults will continue to be enhanced to enable the Health Service Executive to meet needs identified for this group.

Medical Cards. 239. Deputy James Bannon asked the Minister for Health and Children the reason persons (details supplied) in County Longford have been refused renewal of their medical cards despite the fact that their circumstances have not changed; and if she will make a statement on the matter. [20897/08]

Minister for Health and Children (Deputy Mary Harney): Persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services qualify for a medical card, which entitles them to a range of health services free of charge. In 2005, the GP visit card was introduced as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who did not qualify for a medical card, would not be deterred on cost grounds from visiting their GP. In general, eligibility for medical cards and GP visit cards is determined following an examination of the means of the applicant and his/her dependants (income and relevant outgoings). The main exception is persons aged 70 and over, who have an automatic statutory entitlement to a medical card. The GP visit card assessment threshold is 50% higher than the medical card threshold. As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

240. Deputy James Bannon asked the Minister for Health and Children the reason persons (details supplied) in County Longford have been refused a medical card for their autistic child; and if she will make a statement on the matter. [20898/08]

588 Questions— 27 May 2008. Written Answers

Mental Health Services. 241. Deputy Kathleen Lynch asked the Minister for Health and Children the progress made in implementing the specific recommendation on the mental health needs for people with an intellectual disability as contained in a Vision for Change; and if she will make a statement on the matter. [20910/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): The Report of the Expert Group on Mental Health Policy, ‘A Vision for Change’, which was launched in January 2006, provides a framework for action to develop a modern, high quality mental health service over a seven to ten year period. The Government has accepted the Report as the basis for the future development of our mental health services. Responsibility for the implementation of the Report is a matter for the HSE and in this regard an Implementation Plan has now been approved by the HSE. The plan sets out six key priorities for implementation in 2008 and 2009, including mental health services for people with an intellectual disability. It is understood from the HSE that considerable work in planning the reconfiguration of mental health services for people with an intellectual disability was undertaken in 2007 following the Report of the Forum on Mental Health and Intellectual Disability. That Report also had regard to the recommendations included in ‘A Vision for Change’. Further progress on the reconfiguration of services, in association with the voluntary partners, is anticipated in 2008.

Services for People with Disabilities. 242. Deputy Kathleen Lynch asked the Minister for Health and Children the number of the promised 255 residential places, 85 new respite places and 535 new day places for persons with an intellectual disability as promised and budgeted for in Budget 2007, that have come on stream; and if she will make a statement on the matter. [20911/08]

589 Questions— 27 May 2008. Written Answers

[Deputy John Moloney.] persons with intellectual disability from psychiatric hospitals and other inappropriate placements. I am informed by the HSE that the following outputs were achieved in relation to Intellectual Disability and Autism Services at the end of December 2007:

Target Output

255 residential places (a) 198 places actual (b) 115 enhanced 85 respite places (a) 74 places actual (b) 15 enhanced 535 day places (a) 492 places actual (b) 66 enhanced

Ambulance Service. 243. Deputy John O’Mahony asked the Minister for Health and Children the budget for ambulance services in Counties Mayo, Galway and Roscommon in each of the past five years; the amount by which spending in this sector has exceeded the budgeted costs; and if she will make a statement on the matter. [20916/08]

Departmental Statistics. 244. Deputy John O’Mahony asked the Minister for Health and Children the estimated number of young people by gender below the age of 18 who smoke; and if she will make a statement on the matter. [20917/08]

Minister of State at the Department of Health and Children (Deputy Mary Wallace): In August 2007 my Department published the results of the Health Behaviour in School-aged Children (HBSC) Study 2006. The data from the HBSC Study, which is undertaken every four years, provides a comprehensive picture of the health behaviours, including smoking, of school- aged children. The percentage of boys and girls who report that they are current smokers, by age category, is shown in the following table.

Ages Boys Girls

10-11 years 3% 2% 12-14 years 10% 11% 15-17 years 23% 28%

Health Services. 245. Deputy Jack Wall asked the Minister for Health and Children the reason persons 590 Questions— 27 May 2008. Written Answers

(details supplied) in County Kildare who have had the home care package withdrawn in view of the their circumstances; and if she will make a statement on the matter. [20924/08]

Health Service Staff. 246. Deputy Bernard Allen asked the Minister for Health and Children the number of agency nurses employed in the health services in 2004, 2005, 2006, 2007 and to date in 2008; and the cost of the employment of agency workers in each year. [20925/08]

247. Deputy Bernard Allen asked the Minister for Health and Children the number of permanent non-agency nurses working in the health service in 2004, 2005, 2006, 2007 and to date in 2008. [20926/08]

Infection Control Procedures. 248. Deputy Bernard Allen asked the Minister for Health and Children when she proposes to publish draft infection prevention control standards. [20927/08]

Minister for Health and Children (Deputy Mary Harney): The Health Information and Qual- ity Authority, in conjunction with major stakeholders, is currently in the process of producing infection prevention and control standards. These standards will be finalised later this year. I have been informed that the draft standards will be going out for public consultation in the next week.

Health Services. 249. Deputy Bernard Allen asked the Minister for Health and Children if she will make a statement on the reason a drug to treat multiple sclerosis (details supplied) is not properly

591 Questions— 27 May 2008. Written Answers

[Deputy Bernard Allen.] available here despite receiving major backing from doctors after new research was published in the United States supporting its use. [20928/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services including the availability of drugs and medicines was assigned to the Health Service Executive under the Health Act 2004. Therefore, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Medical Education. 250. Deputy Bernard Allen asked the Minister for Health and Children if she will make a statement on a recent review of medical schools carried out by the Medical Council which states that interns are taking consent for procedures they do not fully understand and are being instructed to act above their grade; and her views on this recent finding. [20929/08]

Minister for Health and Children (Deputy Mary Harney): The findings in the Review of Medical Schools in Ireland 2007 — A Report to the Public By The Medical Council referred to by the Deputy are part of a broad report covering a number of issues relating to undergraduate medical education. The overall conclusion in the Report is that the medical schools are producing graduates with the knowledge, skills and behaviour to successfully undertake an internship and to gain full registration. The Medical Council’s A Guide to Ethical Conduct and Behaviour , 6th Edition 2004, Section 4.6, provides that junior doctors should never be asked to perform tasks for which they are not fully competent except under the direct supervision of senior colleagues who can take over should difficulty be encountered. Section 17.1 of the Guide provides that informed consent can only be obtained by a doctor who has sufficient training and experience to be able to explain the intervention, the risks and benefits and the alternatives. This provision has been further expanded on and supported in a recent Medical Council document “Good medical practice in seeking informed consent to treatment” which was adopted by the Council at its last meeting held on Wednesday 21st May, 2008. This document will be disseminated to all relevant parties i.e. Post Graduate Training Bodies, Employers and registered medical practitioners. The document is also to be included in induction packs for all new doctors employed throughout the Health Service Executive.

Vaccination Programme. 251. Deputy Bernard Allen asked the Minister for Health and Children if she proposes to advise Irish football fans planning to travel to the Euro 2008 tournament this summer to ensure that they are vaccinated against measles in view of the warning given by a public health specialist (details supplied) regarding major outbreaks of measles in Austria and Switzerland who are hosting the competition. [20948/08]

Minister for Health and Children (Deputy Mary Harney): Following major outbreaks of measles in Austria and Switzerland, the HSE has advised that travellers to those countries who are not already measles-immune, (i.e. not already vaccinated or having had previous measles infection) should seek vaccination from their GP to protect them against measles infection.

592 Questions— 27 May 2008. Written Answers

Measles is an extremely contagious and potentially fatal disease and I would also advise football fans planning to travel to this summer’s Euro 2008 tournament to heed this advice.

Health Services. 252. Deputy Pat Breen asked the Minister for Health and Children when an application will be processed for a person (details supplied) in County Clare; and if she will make a statement on the matter. [20952/08]

253. Deputy Pat Breen asked the Minister for Health and Children if a person (details supplied) in County Clare will be assisted with extra hours home help; and if she will make a statement on the matter. [20953/08]

254. Deputy Pat Breen asked the Minister for Health and Children when a person (details supplied) in County Clare will be assisted; and if she will make a statement on the matter. [20954/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): I propose to take Questions Nos. 252 to 254, inclusive, together. Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

255. Deputy Jack Wall asked the Minister for Health and Children the position of the home care package for a person (details supplied) in County Kildare; if the package has been withdrawn; if the Health Service Executive is aware that the person has suffered a stroke; the mechanism to appeal the decision; and if she will make a statement on the matter. [20957/08]

General Medical Services Scheme. 256. Deputy Andrew Doyle asked the Minister for Health and Children the number of general practitioners who are continuing to receive payments under the general medical services scheme after their patients have taken up residence in nursing homes; and the policy regarding this situation. [20973/08]

Minister for Health and Children (Deputy Mary Harney): Under the Health Act, 2004, the Health Service Executive (HSE) has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for arrangements to ensure appropriate service delivery for medical card and GP visit card patients. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Questions Nos. 257 and 258 answered with Question No. 207.

593 Questions— 27 May 2008. Written Answers

Mental Health Services. 259. Deputy Ro´ isı´n Shortall asked the Minister for Health and Children if she will publish legislation setting out the way the dignity of persons and the protection of human rights will be safeguarded in the planning and delivering of mental health services as suggested in A Vision for Change; and if she will ensure that those responsible for such services are familiar with the rights and responsibilities that flow from human rights standards in order to ensure that the core values in A Vision for Change are to be made meaningful. [20988/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): The Mental Health Act 2001 provides a modern framework within which people who have a mental disorder and require treatment or protection can be cared for and treated. It puts in place mechanisms by which the standards, care and treatment in mental health services can be monitored, inspected and regulated. Sections 1 to 5, 7 and 31 to 55 of the Mental Health Act 2001 were commenced in April 2002. These involved the establishment of the Mental Health Commission to promote, encourage and foster the establishment and maintenance of high standards and good practice in the delivery of mental health services and to promote the interests of people detained under the 2001 Act. It also provided for the establishment of the Office of the Inspector of Mental Health Services, replacing the former Inspector of Mental Hospitals. The remaining provisions of the Act were commenced on 1 November 2006. This included the establishment of the Mental Health Tribunals, under the auspices of the Mental Health Commission. The Tribunals conduct a review of each decision by a consultant psychiatrist to detain a patient on an involuntary basis, or to extend the duration of such detention, the latter as a consequence of a renewal order at 3,6 and 12 month periods. I am satisfied that the commencement of the full provisions of the Mental Health Act 2001 brings Irish mental health law into compliance with international conventions, including the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Health Services. 260. Deputy Pat Breen asked the Minister for Health and Children the number of children waiting for treatment in a county (details supplied); and if she will make a statement on the matter. [20989/08]

Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Services for People with Disabilities. 261. Deputy Noel J. Coonan asked the Minister for Health and Children if the Health Service Executive’s allocation of funding for people with disabilities for 2008 has been given to the various HSE regions, including funding for people with autistic spectrum disorders due to leave school in June 2008; if not, the reason for the delay; the breakdown of the allocations on a county basis; and if she will make a statement on the matter. [20994/08]

266. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if her attention has been drawn to the fact that there has been a delay on the part of the Health Service Executive in allocating funding for disability services allocated for 2008, including funding for

594 Questions— 27 May 2008. Written Answers transitional services for children with autism completing school in 2008 and requiring assistance in their transition to day services in the autumn. [21046/08]

268. Deputy Olivia Mitchell asked the Minister for Health and Children the reason Health Service Executive funding to providers of autistic spectrum disorders has not been allocated for 2008; the further reason in view of the difficulties with change experienced by such suffers, no services are already in place to meet the needs of June 2008 school leavers and sufferers leaving rehabilitative training for a day care service; and if she will make a statement on the matter. [21060/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): I propose to take Questions Nos. 261, 266 and 268 together. As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional \75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5s and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements. A further \50m investment was announced in the 2008 Budget. The Deputy’s specific questions relate to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Services. 262. Deputy Pat Breen asked the Minister for Health and Children when a person (details supplied) in County Clare will be facilitated; and if she will make a statement on the matter. [21009/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Repayment Scheme. 263. Deputy Willie Penrose asked the Minister for Health and Children the closing date for the applications under the Health Repayment Scheme; if there is any leeway in respect of the closing date where an error was made in failing to submit the application form to meet the deadline imposed therein; and if she will make a statement on the matter. [21033/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive (HSE) has responsibility for administering the Health Repayment Scheme in conjunction with the appointed scheme administrator KPMG/McCann Fitzgerald. Since the launch of the Health Repayment Scheme in August 2006, the HSE has informed my Department that it has undertaken extensive national and local media communication campaigns to ensure that potential applicants are made aware of the Scheme. In addition, a series

595 Questions— 27 May 2008. Written Answers

[Deputy Mary Harney.] of nationwide road shows was undertaken to create awareness of the Scheme and to provide hands on support to applicants. The HSE also undertook a final publicity campaign in December 2007 which consisted of a national print advertising campaign, a national radio advertising campaign which included advertisements in the Irish Independent, Irish Times, Irish Examiner, Sunday World and Sunday Independent. In addition, a regional media campaign resulted in press releases issued to the local print press and regional radio interviews on 20 stations. The closing date for receipt of applications under the scheme was 31 December 2007. In view of the various measures undertaken by the HSE/Scheme Administrator to maximise awareness of the scheme, I have decided not to extend the closing date for receipt of applications.

Hospital Staff. 264. Deputy Arthur Morgan asked the Minister for Health and Children if financial provision was made by her Department for the appointment of a clinical auditor at Our Lady of Lourdes Hospital in Drogheda, in line with the recommendation of Judge Maureen Harding Clarke; when such provision will be made; the level of urgency attached to this appointment; when it will be filled; and if she will make a statement on the matter. [21042/08]

Minister for Health and Children (Deputy Mary Harney): Following the publication of the Lourdes Hospital Inquiry Report additional funding of \3m was allocated to the Health Service Executive in respect of patient safety and risk management measures nationally. The funding was targeted specifically at implementing the findings of the Inquiry Report and the Madden Report on Post Mortem Practice and Procedures. The Health Service Executive is overseeing the implementation of the recommendations of the inquiry report as it relates to Our Lady of Lourdes Hospital, Drogheda. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have a reply issued directly to the Deputy on the specific issue raised.

Services for People with Disabilities. 265. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if she will establish a national working group comprising children with specific speech and language impairment and their parents and key agencies involved in service provision including her Department, the Department of Education and Science and the Health Service Executive, with a view to reviewing and establishing agreed terminology and diagnostic criteria for SSLI and addressing policy and service development. [21045/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): The National Disability Strategy was launched in September 2004 following a number of positive legislative and policy measures in prior years, and contains a suite of elements, principally the Disability Act 2005, the Education for Persons with Special Educational Needs (EPSEN) Act 2004, Sectoral Plans prepared by six government Departments during 2006, the Citizens Infor- mation Act 2007 and a multi-annual investment programme totalling some \900m between 2006 and 2009. Recognising the cross-cutting nature of this subject, the Government announced the establishment of the Office for Disability and Mental Health in January 2008, to support the Minister for Disability & Mental Health in exercising his responsibilities across four Government

596 Questions— 27 May 2008. Written Answers

Departments: Health & Children, Education & Science, Enterprise, Trade & Employment and Justice, Equality & Law Reform. The new Office brings together responsibility for a range of different policy areas and State services which directly impact on the lives of people with a disability and people with mental health issues. The Office will aim to bring about improvements in the manner in which services respond to the needs of people with disabilities and mental health issues, by working to develop person-centred services, focussing on the holistic needs of clients and service users and actively involving them in their own care. The Director of the Office is a member of the Senior Officials Group on Social Inclusion, which monitors progress on the Government’s commitments in relation to social policy, including the National Disability Strategy. Very substantial progress has been made in recent years in the areas of disability and mental health, but much remains to be done. In particular, there is a need to improve co-ordination and communication across different Government Departments and agencies in their delivery of services to this client group. This will be the main focus for the new Office in the coming months. A key priority for the Office for Disability and Mental Health is to support the implementation of the Health Sectoral Plan under the Disability Act 2005. The Office will focus in particular on facilitating the delivery of integrated health and education support services for children with special needs, by further developing existing mechanisms for co-operation and co-ordination between the health and education sectors, both at national and local level. A Cross-Sectoral Team consisting of senior officials from the Office for Disability and Mental Health, the Department of Health and Children, the Department of Education and Science, the Health Service Executive and the National Council for Special Education was established in 2006 and meets on a regular basis. This group continues to address issues arising in relation to the implementation of both Acts. A sub-group of this team was set up in January 2008 in order to plan for the commencement of Part 2 of the Disability Act 2005 and the relevant sections of the Education for Persons with Special Educational Needs Act 2004 in respect of children aged between 5 and 18 and adults. The focus of these groups is on the interaction required between the education and health sectors in order to advance and enhance services to people with disabilities. A wide range of matters are discussed in these fora and the matter raised by the Deputy will be considered by the Cross-Sectoral Team in this context.

Question No. 266 answered with Question No. 261.

Health Services. 267. Deputy Joanna Tuffy asked the Minister for Health and Children when dental treatment will be available to a child (details supplied) in Dublin 22 who is in urgent need of dental extractions and is the holder of a medical card; and if she will make a statement on the matter. [21059/08]

Question No. 268 answered with Question No. 261.

597 Questions— 27 May 2008. Written Answers

Services for People with Disabilities. 269. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children when a reply will issue from the Health Service Executive to Parliamentary Question No. 209 of 22 April 2008. [21199/08]

Minister of State at the Department of Health and Children (Deputy John Moloney): I understand from the Health Service Executive that they have issued a reply to the Deputy to Parliamentary Question No. 209 of 22 April 2008.

Palliative Care. 270. Deputy Billy Timmins asked the Minister for Health and Children the position in relation to the specialist palliative care nursing service in Wicklow community care which has been withdrawn; if she will intervene and reinstate the service; the reason this service has been withdrawn; and if she will make a statement on the matter. [21200/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): My Department has contacted the Health Service Executive in relation to the Deputy’s question. As the Deputy is aware, due to the temporary unavailability of specialist nursing staff it has been necessary to reorganise the service in Wicklow. The Executive has stated that work continues to ensure that the specialist Palliative Care service is re established in the Local Health Office, Wicklow. This process may require a national recruitment drive. The Executive will update my Department and the Deputy on future developments.

271. Deputy Billy Timmins asked the Minister for Health and Children the position in relation to the application from a person (details supplied) in County Wicklow for two mor- phine pumps for their practice for ongoing patient care; if same will be provided; and if she will make a statement on the matter. [21201/08]

Minister for Health and Children (Deputy Mary Harney): Under the Health Act 2004, the management and delivery of health and personal social services is the responsibility of the Health Service Executive. 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 Expenditure. 272. Deputy Catherine Byrne asked the Minister for Health and Children the amount of money that was spent by the Health Service Executive on general building maintenance on its premises around the country in 2007; the amount that was spent on washing windows; and if she will make a statement on the matter. [21202/08]

273. Deputy James Reilly asked the Minister for Health and Children if the failure of the Health Service Executive to spend funds announced by her in 2006 and 2007 for palliative care

598 Questions— 27 May 2008. Written Answers and A Vision for Change on those areas, was approved by her; and if she will make a statement on the matter. [21207/08]

Minister for Health and Children (Deputy Mary Harney): The Deputy will be aware that the Health Service Executive must live within its overall allocation from the Oireachtas each year. Under the Programme for Government, the Government has committed to removing the regional disparities in the provision and funding of palliative care, and to ensuring that the needs of all those who require palliative care are met. The Department of Health and Children is committed to working with the HSE and other key stakeholders in developing palliative care services throughout Ireland. Funding is being provided for the development of palliative care services in line with the recommendations in the Report of the National Advisory Committee on Palliative Care (2001) and in the context of available resources and workforce planning across the health service. Additional funding totalling \18 million was provided by the Government in Budgets 2006 and 2007. Not all of this funding was used as planned because of competing expenditure pressures and the overriding obligation on the HSE to live within its approved overall allocation. Funding was primarily in respect of 138 additional whole-time equivalent (WTE) posts to support a range of new service developments nationally. I understand that approx 40% of these posts have been filled to date. The Executive is developing a five-year capital and revenue implementation framework, in consultation with the Irish Association for Palliative Care, the Irish Hospice Foundation and the Irish Cancer Society. Work is ongoing on the development of this plan and good progress has been made to-date. The question of progressing outstanding service developments not yet implemented is being considered by the Executive in this context. In relation to the additional \51.2 million development funding provided in 2006 and 2007 for the implementation of A Vision for Change, the Department has been advised by the HSE that this was not used as planned because of competing expenditure pressures and the overriding obligation on the HSE to live within its approved overall allocation. As a result, some of the planned developments in mental health services have been delayed. However, some of these developments will proceed in 2008, for example the recruitment of 8 child and adolescent mental health teams and the provision of 18 beds for children and adolescents.

Road Network. 274. Deputy Charles Flanagan asked the Minister for Transport the status of funding for the Thomastown relief road; when it is hoped to commence works; and if he will make a statement on the matter. [20627/08]

Minister for Transport (Deputy Noel Dempsey): The provision and maintenance of regional and local roads in County Kilkenny is a matter for Kilkenny County Council to be funded from its own resources supplemented by State grants provided by my Department. In 2008, a grant of \1,375,186 was allocated to Kilkenny County Council for the R700 Thomastown Relief Road. Progress with the project is a matter for Kilkenny County Council.

Greenhouse Gas Emissions. 275. Deputy Noel J. Coonan asked the Minister for Transport the percentage of the overall

CO2 emissions here that came from public transport such as buses and DARTs in 2007 in comparison to 2006; and if he will make a statement on the matter. [21002/08]

599 Questions— 27 May 2008. Written Answers

Minister for Transport (Deputy Noel Dempsey): The main source for information on transport emissions is from Sustainable Energy Ireland (SEI). The most recent figures available from SEI relate to 2006 and they indicate that Public Service Vehicles constituted 3% of the

Transport Sector share, or 1.02% of Ireland’s entire energy related CO2 emissions. This data is available from SEI’s Energy in Transport 2007 Report, located online at:http://www.sei.ie/index.asp?locID=1499&docID=1431.

Public Private Partnerships. 276. Deputy Fergus O’Dowd asked the Minister for Transport the projects under Transport 21 that are to be financed by public private partnerships; the cost expected to the Exchequer for each project; the reason a PPP financing process was chosen for each project; and if he will make a statement on the matter. [20588/08]

277. Deputy Fergus O’Dowd asked the Minister for Transport the number of projects under Transport 21 that are to be financed by public private partnerships but were originally meant to be financed entirely from public funds; and if he will make a statement on the matter. [20589/08]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 276 and 277 together. The overall Transport 21 capital envelope provides for Exchequer funding of \26 billion and Public Private Partnership (PPP) funding of \8 billion. The NRA is in the process of completing its first phase PPP programme involving private funding of \2.1 billion on toll-based projects. The projects involved are:

• M50 Second Westlink Bridge

• M1 Dundalk Western Bypass

• N4 Kilcock to Kinnegad

• M8 Fermoy to Rathcormac Bypass

• M3 Clonee to North of Kells

• N6 Galway to Ballinasloe

• N7 Limerick Tunnel

• M7/M8 Portlaoise to Cullahill/Castletown

• N25 Waterford City Bypass

• M50 Phase 2 Upgrade. The first four of these projects are now open to traffic and the remainder are under construction. In addition, the following projects will be procured as unitary payment PPP’s under Trans- port 21:

• Metro North

• Metro West

600 Questions— 27 May 2008. Written Answers

• Luas Lucan line

• the DART Interconnector

• N20 Cork-Limerick (2 projects)

• N17 Galway-Claremorris

• N11 Gorey-Enniscorthy/New Ross Bypass.

The use of Public Private Partnership procurement in relation to each of these projects represents an opportunity for value for money, innovation and optimal transfer of risk over the lifetime of the infrastructure. The Metro North, Metro West and Luas Lucan line projects were identified at an early stage of Transport 21 for procurement as unitary payment PPPs. The Government, decided, earlier this year, that certain national road projects and elements of the DART Interconnector which were originally planned to be Exchequer funded would now be procured as unitary payment PPPs. The NRA subsequently identified the N11, N17 and N20 projects outlined above, as suitable for procurement as PPPs. The total amount of Exchequer and PPP expenditure under Transport 21 remains unchanged. The Exchequer will usually fund the planning phase of PPP projects, including obtaining the relevant statutory consents. It may also fund advance land acquisition and preparatory works and in appropriate circumstances may provide a capital contribution towards the construction costs. The cost to the Exchequer will be decided on a case-by-case basis for each PPP project and will be met from the overall Exchequer allocation in the Transport 21 capital envelope.

Departmental Staff. 278. Deputy Leo Varadkar asked the Minister for Transport the number of civil servants within his Department at the grade of assistant principal or higher; the number of whom were recruited to those roles from outside of the Civil Service; and if he will make a statement on the matter. [20682/08]

Minister for Transport (Deputy Noel Dempsey): There are 83 general service civil servants in my Department at the grade of Assistant Principal or higher. None of these were recruited to their position from outside of the Civil Service. There are also 38 professional and technical posts at the equivalent of Assistant Principal or higher in my Department. Of this number 26 were recruited from outside the civil service.

Departmental Funding. 279. Deputy Michael McGrath asked the Minister for Transport if he will investigate the delay in issuing payments to a coast guard unit (details supplied) in County Cork; and if he will make a statement on the matter. [20747/08]

Minister for Transport (Deputy Noel Dempsey): The Department has investigated this matter and can confirm that the relevant payments were issued on the 23rd May.

Public Transport. 280. Deputy Joanna Tuffy asked the Minister for Transport the reason given by him in letters to Dublin Bus for them to discontinue three 25X departures during peak hours in the morning from Lucan to the city centre; the reason he concluded that these departures were not in

601 Questions— 27 May 2008. Written Answers

[Deputy Joanna Tuffy.] keeping with competition, notification rules or transport legislation; and if he will make a statement on the matter. [20802/08]

Minister for Transport (Deputy Noel Dempsey): I refer to my replies to Questions Nos. 135 on the 9 April 2008, and 160 on 23 April 2008 in which I advised that my Department has made no demand on Dublin Bus to cease any of its authorised route 25X departures operating from the south Lucan area. As advised in those replies, the initiation or alteration of a bus service by Dublin Bus is subject to compliance with the requirement of giving advance notice to my Department and to compliance with the provisions of Section 25 of the Transport Act 1958 concerning competition with licensed private operators. No prior notice of the introduction of those particular services was given by Dublin Bus to my Department. For that reason my Department wrote to Dublin Bus on 4 October 2007 requesting that three additional Route 25X departures which the Company was operating from the Newcastle Road Area, which were not subject to the authorisation of my Department should cease. The letter indicated that an application for the authorisation of those services should be made and would be considered. To date no such application has been made to my Department.

Regional Airports. 281. Deputy John O’Mahony asked the Minister for Transport the number of privately owned aircraft which used Carrickfin, Sligo, Ireland West and Galway airports for the years 2003, 2004, 2005 and 2006; and if he will make a statement on the matter. [20923/08]

Minister for Transport (Deputy Noel Dempsey): Statistics relating to the number of privately owned aircraft using the regional airports are a matter for the individual airports concerned and I have no function in the matter.

Airport Development Projects. 282. Deputy Pat Breen asked the Minister for Transport if a draft protected area order was prepared in relation to Dublin Airport by his Department in accordance with the terms of section 14 of the Air Navigation and Transport Act 1950; if so, the reason such an order was not promulgated in accordance with the wishes of the Houses of the Oireachtas; and if he will make a statement on the matter. [21008/08]

Minister for Transport (Deputy Noel Dempsey): The Air Navigation (Protection Area) Order 1988 (S.I. No. 284 of 1988) created a protected area of 300 metres radius around the Doppler Very High Frequency Omni-Directional Radio Range and Distance Measuring Equip- ment sited at Rowlestown West in Co. Dublin. The Order was laid before both Houses of the Oireachtas in November 1988 as required under the Section 14(4) of the Air Navigation and Transport Act, 1950.

Road Network. 283. Deputy Bernard J. Durkan asked the Minister for Transport if he or his Department have allocated or intend to allocate funding to Kildare County Council for the purpose of upgrading the Enfield to Edenderry regional road; if his attention has been drawn to the fact that the proposal is at variance with the very minor request of the residents of Carbury to the effect that access to their village would continue unimpeded; if he will take the necessary

602 Questions— 27 May 2008. Written Answers action to ensure that democracy prevails at this level; and if he will make a statement on the matter. [21181/08]

Minister for Transport (Deputy Noel Dempsey): The provision and maintenance of regional and local roads in County Kildare is a matter for Kildare County Council to be funded from its own resources supplemented by State grants provided by my Department. The upgrade of the Edenderry to Enfield road is being undertaken by Kildare County Council with grant assistance provided by my Department. The Council has been allocated \2.5 million for this scheme in 2008. The design of the route is primarily a matter for the local authority. Before works of this nature may proceed, the local authority is obliged to comply with requirements of planning legislation. I understand that those requirements, which include extensive public consultation, were complied with in respect of this project and that the works were approved by the elected members of Kildare County Council in December 2006. My Department has no function in that process.

Diplomatic Representation. 284. Deputy Billy Timmins asked the Minister for Foreign Affairs the assurances the Irish Government will give not to compromise in the treaty negotiations taking place at the Dublin Diplomatic Conference on Cluster Munitions; and if he will make a statement on the matter. [20590/08]

285. Deputy Finian McGrath asked the Minister for Foreign Affairs the reason the USA, China and Russia did not attend the cluster bomb conference at Croke Park, Dublin. [20661/08]

286. Deputy Finian McGrath asked the Minister for Foreign Affairs the EU countries that use cluster bombs. [20662/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): I propose to take Questions Nos. 284 to 286, inclusive, together. The three States referred to in Deputy Mc Grath’s question are among those which have decided not to take part in the Oslo Process because, as we understand it, they do not feel able to commit themselves to its objectives. Specifically, full participation in the Dublin Diplomatic Conference requires States to have endorsed the Declaration adopted at the preceding Welling- ton Conference in February 2008, which included a commitment to the objective of concluding at Dublin a legally binding instrument prohibiting cluster munitions that cause unacceptable harm to civilians. On that basis, 110 States are present in Dublin as participants with another 18 attending as observers. Naturally, following the adoption of a Convention at Dublin and its envisaged signature in Oslo in December, we will do all we can to encourage as many States as possible to become party to it. Some 22 EU Member States are full participants in the Dublin Diplomatic Conference, while five are present as observers. The last recorded use of cluster munitions by an EU Member State was by the UK in Iraq in 2003. Several Member States have never had cluster munitions. This is the case with Ireland. Some others have already decided never to use them and to destroy their stockpiles. One of the most complex issues under negotiation at the Conference is the precise definition of a cluster munition which causes unacceptable harm to civilians and, as such, will be banned under the Convention. Up to 17 Member States possess weapons which might conceivably fall within the eventual definition agreed upon, but this remains to be determined. All States which become party to the Convention will of course have to comply with its provisions, which it

603 Questions— 27 May 2008. Written Answers

[Deputy Michea´l Martin.] seems clear will include a prohibition on the acquisition or use of specified munitions and a requirement to destroy stockpiles. Nationally, Ireland is, in line with the provisions of the Programme for Government, strongly pressing for the most ambitious outcome possible in the negotiations. Of course, as chair, and consistent with the Conference’s rules of procedure, we have a particular responsibility to seek as broad a consensus as possible.

Departmental Staff. 287. Deputy Leo Varadkar asked the Minister for Foreign Affairs the number of civil servants within his Department at the grade of assistant principal or higher; the number of whom were recruited to those roles from outside of the Civil Service; and if he will make a statement on the matter. [20677/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): There are 309 officers serving in my Department at the grade of Assistant Principal or higher. Some 12 of these officers were recruited to their posts from outside the Civil Service. The officers in question were recruited to posts in the professional and technical grades which are equivalent to the grade of Assistant Principal Officer.

Human Rights Issues. 288. Deputy Bernard Allen asked the Minister for Foreign Affairs if he will make known to the Iranian Government his deep concern for the worsening human rights situation in the Islamic Republic of Iran and particularly with reference to the Baha’i community whose leaders have been arrested in house raids and are being held in Tehran’s Evin Prison. [20684/08]

293. Deputy Billy Timmins asked the Minister for Foreign Affairs if his attention has been drawn to a situation (details supplied); the action he will take to address the concerns outlined; and if he will make a statement on the matter. [21190/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): I propose to take Questions Nos. 288 and 293 together. The Government and our EU partners have expressed increasing concern at the serious and sustained erosion of human rights protections in Iran in recent years. We have been particularly concerned at the increase in the use of the death penalty, including executions of minors. Freedom of expression has been severely curtailed, and there has been an increase in the level of harassment of minority groups, including Iran’s Baha’i community. I am very concerned about the arrest of six members of the Baha’i faith in Tehran on 14 May. They are being detained and questioned by officials of the Ministry of Intelligence. On 21 May, the European Union called on Iran to release the six detainees. The EU stated clearly that Iran must act to uphold fully the right to adopt and practise a religion of choice and must end the persecution of the Baha’i community. I reiterate this position today, and repeat the Government’s call for the release of the detainees. Ireland participates actively in discussions within the EU on how best to advance our human rights concerns with Iran. In recent years, we have also co-sponsored a Resolution at the UN General Assembly on the human rights situation in Iran, along with Canada and others. We did so again last November. Regrettably, Iran has shown little interesting in engaging construc- tively on these issues. A formal Human Rights Dialogue between the EU and Iran is now

604 Questions— 27 May 2008. Written Answers effectively in abeyance. The last meeting was held during the Irish EU Presidency in 2004, and it seems clear that, for now, Iran is not willing to pursue the dialogue. The Government and our EU partners will continue to use every opportunity to draw attention to, and where possible to uphold, the fundamental rights of the Iranian people. We will continue to raise our concerns about human rights abuses in our direct contacts with the Iran- ian authorities.

Disaster Relief. 289. Deputy Jack Wall asked the Minister for Foreign Affairs the number and names of the Irish non-governmental organisations operating in Burma; and if he will make a statement on the matter. [20710/08]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): Irish Aid supports human rights and democratisation in Burma through its Multi-Annual Programme Scheme and Civil Society Fund. For 2008, Irish Aid allocated Tro´ caire funding of \1.1 million in support of its programme to strengthen civil society in Burma and in support of Burmese refugees in Thailand. Irish Aid is also supporting Tro´ caire in response to the recent cyclone. Voluntary Service Overseas has been allocated funding of \290,000 for a three year programme promoting democratisation, human rights and reconciliation among five ethnic groups on the Burma/Thailand border. Irish Aid has also provided funding of \68,000 this year for Burma Action Ireland to assist their work in raising awareness of human rights violations in Burma, and in support of civil society organisations and communities within Burma and the Burmese community in exile. In 2008, the Irish Missionary Resource Service (IMRS) has provided support totalling \132,135 to its member organisations operational in Burma; Missionary Sisters of St Columban, Columban Fathers and Good Shepherd Sisters. An additional \30,000 in emergency funding has also been provided by the IMRS to the Columban Fathers and the Good Shepherd Sisters to support their work in responding to the current Burma emergency.

Overseas Development Aid. 290. Deputy Jack Wall asked the Minister for Foreign Affairs the number and details of non- governmental organisations involved in Kenya (details supplied); and if he will make a statement on the matter. [20711/08]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): Irish Aid supports a number of NGOs in Kenya through the Multi Annual Programme Scheme (MAPS), the Civil Society Fund (CSF) and emergency funding as well as through the Irish Missionary Resource Service. Four of the five MAPS partners — Concern, Tro´ caire, GOAL and Self Help — work in Kenya. In 2008, MAPS funding amounting to \3.25 million has been allocated to assist the work of these NGOs in livelihood and food security, rural economic development, health, education, gender equality and HIV/AIDS in Kenya. The Civil Society Fund, which is open to all Irish-based Non-Governmental Organisations, is designed to provide resources more effectively and efficiently for the development activities of civil society organisations. Under the CSF in 2008 \1.12 million has been allocated to NGOs to assist their work in Kenya in a number of areas including capacity building, education, health, HIV/AIDS, human rights, livelihood security, rural development and water/sanitation. In addition, Irish Aid has allocated a total of \1.1m this year to support Concern Universal and Tro´ caire’s work in responding to the Kenyan crisis. The Irish Missionary Resource Service (IMRS) supports the development work of Irish missionaries and their partners worldwide. Irish Aid allocated \20m to the IMRS in 2008. To

605 Questions— 27 May 2008. Written Answers

[Deputy Peter Power.] date in 2008, the IMRS has allocated a total of \2,052,013 to its member organisations working in Kenya. An additional \384,520 in emergency funding has also been provided by the IMRS to support its members in responding to the Kenyan crisis. The Daughters of Charity of St Vincent de Paul are members of the IMRS. They received \303,848 from the IMRS in 2007 and have received \236,214 to date in 2008. \436,635 of this funding was allocated to Kenya for work in basic education, capacity building and primary health care. The contact details of the Daughters of Charity of St Vincent de Paul in Ireland are as follows: Sr. Catherine Prendergast, Daughters of Charity of St. Vincent de Paul, St. Catherine’s Provincial House, Dunardagh, Temple Hill, Blackrock, Co. Dublin Tel. 01 2882669, email: [email protected]. The contact details of the Daughters of Charity of St Vincent de Paul in Kenya are as follows: Daughters of Charity of St. Vincent de Paul, Holy Cross Mission, Thigio, PO Box 705, Limuru 00217, Kenya.

Diplomatic Representation. 291. Deputy Jim O’Keeffe asked the Minister for Foreign Affairs his views on the desire of Taiwan to be invited to be an observer at the World Health Assembly; and if he will make a statement on the matter. [21047/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): In common with most Member States of the UN, and all EU partners, Ireland adheres to a ‘one-China policy’, recognising the government of the People’s Republic of China as the sole legitimate government of China. We therefore do not support Taiwanese membership of organisations where statehood is a prerequisite for membership, and take the view that any status granted to Taiwan by the WHO must be compatible with the ‘One-China’ policy. However against the above background, and with our EU partners, Ireland continues to be active in seeking to ensure Taiwan’s meaningful participation in the World Health Organisation (WHO) to the fullest extent possible , to ensure that there is no geographical gap in the important work of that organisation.

Visa Applications. 292. Deputy Willie Penrose asked the Minister for Foreign Affairs the visa requirements for entry into New Zealand; if in particular he will outline the position whereby somebody has been in New Zealand for approximately four years, and overstayed their visa by approximately 12 months but on direction left the country voluntarily; the position in relation to such a person’s application for a new visa to visit New Zealand; and if he will make a statement on the matter. [21055/08]

Minister for Foreign Affairs (Deputy Michea´l Martin): Requirements for entry into New Zealand are the responsibility of the New Zealand authorities. In this regard, I would suggest that in the specific overstay case raised in the Deputy’s question, the person concerned should seek clarification directly from the Embassy of New Zealand, 80 The Haymarket, London SW1Y4TQ, www.nzembassy.com/uk . (New Zealand does not have a resident Embassy in Ireland). In general, Irish passport holders can enter New Zealand without a visa for a visit of up to three months. New Zealand Immigration may, however, require visitors to produce evidence of intention to return or of onward travel arrangements, and also evidence of sufficient funds to maintain themselves while in New Zealand. Persons seeking to enter New Zealand for the purpose of employment or under the working holiday scheme (which allows an Irish person aged between 18 and 30 years to work and travel in the country for up to two years), require special permits and should apply to the Embassy of New Zealand in London.

606 Questions— 27 May 2008. Written Answers

Question No. 293 answered with Question No. 288.

World Trade Negotiations. 294. Deputy Michael Creed asked the Ta´naiste and Minister for Enterprise, Trade and Employment if a veto remains an option for the Government when dealing with the current world trade talks and that a veto will remain an option post ratification of the Lisbon treaty; the Government’s willingness to use the veto in view of the most recent proposals for agriculture by a person (details supplied); and if she will make a statement on the matter. [21038/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Under the terms of the current Treaties and of the Lisbon Reform Treaty any WTO deal will require a unanimous decision within the EU Council of Ministers. We will have the same capacity to influence, support, or oppose, as appropriate, any WTO deal under the Lisbon Reform Treaty as we have today. This position has been confirmed by the EU Commission. The Government’s focus in these negotiations is on securing a balanced outcome, which takes account of the particular circumstances and challenges facing our Agri Sector, the opportunities and challenges presented for our goods and services exports and our commitment to developing countries. Our position on these negotiations will be determined by the shape and content of the final package of proposals which emerges. The Government has repeatedly expressed its concerns in relation to the imbalance in these negotiations. This imbalance has seen agriculture being pushed out front in the negotiations, with Irish and EU agriculture being asked to carry an unacceptable burden. The Government will continue to use every opportunity to express our concerns in the strongest possible terms and to seek a fair and balanced outcome across all areas of negotiation, which will deliver benefits to the Irish and EU economies. The Government will continue to take a leading role in consolidating support for this position with other like-minded EU Member States so as to ensure that any outcome to these negotiations will not result in our key interests being sacrificed.

Work Permits. 295. Deputy CaoimhghıńO´ Caolaín asked the Tańaiste and Minister for Enterprise, Trade and Employment if her Department has adopted a policy that work permit applications will not be accepted from people who have been made redundant where it took over three months to secure a new offer of employment; and if she will make a statement on the matter. [20585/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Employment Permits Section of my Department informs me that the Employment Permits Section will examine, on a fast track basis, new applications for Employment Permits made by foreign nationals who have been made redundant. Applications will be accepted for a three- month period after the employment has been terminated by reason of redundancy. Appli- cations outside of this timeframe have been dealt with on a case-by-case basis and granted in exceptional circumstances. For these applications, the normal requirements relating to the labour market needs test (ie. Advertising the position in the local press and with Fa´s/Eures) and the ineligible job categories are not applied. This policy is kept under review and will be updated should the need arise.

296. Deputy Richard Bruton asked the Ta´naiste and Minister for Enterprise, Trade and Employment her views on granting work permits to the worker rather than the employer in

607 Questions— 27 May 2008. Written Answers

[Deputy Richard Bruton.] the case of spouses of health workers in view of the fact that the procedure of having to apply for permits hampers the search for work and creates an obstacle which deters employers. [20609/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Employment Permits Section of my Department informs me that under the Employment Per- mits Act 2006, which was enacted on the 1st January, 2007, all employment permits are now granted and issued to the employee. The Act also allows for an application for an employment permit to be made by either the employer or the employee. All Employment Permits issued by the Department of Enterprise, Trade and Employment are granted specific to the employment in respect of which the application was made. In addition, the Spousal/Dependant Scheme was introduced to give greater ease of access to employment for spouses/dependants of all employment permit holders, who have been admitted to the State under Family Reunifi- cation by:

• Not requiring the employer in question to advertise the job with FA´ S/EURES in advance of making a work permit application,

• Accepting applications for jobs in categories that would otherwise be ineligible for work permits, and

• Exempting the application from the work permit fee. Full details of the Scheme are available on my Department’s website at www.entemp.ie.

Estate Management Companies. 297. Deputy Bernard J. Durkan asked the Ta´naiste and Minister for Enterprise, Trade and Employment the legal basis for the establishment of estate management companies operating in various estates in County Kildare; and if she will make a statement on the matter. [20619/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Where established as a registered company under the Companies Acts 1963-2006, a company becomes a body corporate as and from the date mentioned in its certificate of incorporation. This would apply in the case of a company that provides property management services.

Industrial Development. 298. Deputy Charles Flanagan asked the Ta´naiste and Minister for Enterprise, Trade and Employment if it is proposed to purchase additional lands for industrial development in the Carlow town area following the decision of a new business announced for the town taking up all of the lands in the existing business park; and if she will make a statement on the matter. [20631/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Under the Industrial Development Acts, the purchase, disposal or leasing of property by IDA Ireland is an operational matter for the Agency, and not one in which the Minister of the day has a function. I have been informed that the Agency has no plans currently in relation to the purchase of property in Carlow town. I understand from the Agency that there are a number of private sector developments in the Carlow town area, including both greenfield sites and office accommodation that could provide property solutions to overseas and indigenous companies considering Carlow for investment.

608 Questions— 27 May 2008. Written Answers

Job Creation. 299. Deputy Charles Flanagan asked the Ta´naiste and Minister for Enterprise, Trade and Employment the number of existing Industrial Development Authority supported jobs in both County Carlow and County Kilkenny; the way these figures have varied for each year since 1995; and if she will make a statement on the matter. [20632/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Forfa´s Annual Employment Survey reports on job gains and losses in companies that are clients of the industrial development agencies. Information is aggregated on an annualised basis at county level. The information is provided by companies on a confidential basis for statistical purposes only. The number of jobs created in IDA supported companies in County Carlow and County Kilkenny in each of the years from 1995 to 2007 are set out in the following tabular statement. IDA Ireland is committed to the development of Counties Carlow and Kilkenny and, through its network of overseas offices, is actively promoting the towns of Kilkenny and Carlow for new investment. In recent months there have been two announcements for Carlow town with a potential to create a total of 370 new jobs. In February, 2008, Unum announced that it intended to establish a strategic software service centre in Carlow town. The new investment has the potential to create up to 200 new high-level positions and recruitment is currently underway. In November last Merck & Co Inc. announced its intention to establish a new \200 million strategic vaccine facility in Carlow town, with a potential to create 170 new high quality jobs by 2011. In the Financial sector State Street has continued to grow its Funds Administration operation in Kilkenny and the company is an important player in the Financial Services cluster emerging in the South East region. I am satisfied that the policies being pursued by Government, together with the work of the IDA on the ground, as well as the roll-out of the National Development Plan will continue to bear fruit in terms of investments and employment in the counties of Carlow and Kilkenny and the region as a whole.

Numbers in Permanent Employment in IDA supported companies Carlow and Kilkenny from 1995 to 2007

Year Carlow Kilkenny

1995 1,224 370 1996 1,156 326 1997 1,135 384 1998 1,223 319 1999 1,200 315 2000 1,144 267 2001 1,120 299 2002 1,073 389 2003 1,031 293 2004 771 355 2005 782 441 2006 692 436 2007 435 476

609 Questions— 27 May 2008. Written Answers

Departmental Expenditure. 300. Deputy Leo Varadkar asked the Ta´naiste and Minister for Enterprise, Trade and Employment the expenditure of the competition and policy section of her Department for each of the past five years; the number and grade of civil servants attached to that section; the number of reports commissioned by this section from external bodies; the cost of same; and if she will make a statement on the matter. [20643/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Due to the fact that my Department changed its financial management system within the last five years, the information on expenditure requested by the Deputy is readily available only from the beginning of 2004.

Year Expenditure

2004 759,286 2005 1,235,340 2006 1,118,903 2007 1,198,448 2008 Jan-April 341,515

Competition and Consumer Policy Section is a Unit within the Department’s Commerce, Con- sumers and Competition Division, which is headed up by an Assistant Secretary. The total authorised staff complement of the Section is 12: 1 Principal, 4 Assistant Principals (one part- time), 3 Higher Executive Officers (HEO), 2 Executive Officers (EO) and 2 Clerical Officers. Over the past few years, the main focus of the Section’s work has been the introduction of the Competition Act 2002, the transposition of EC Council Regulation 1/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, the implementation of and follow on to the 2005 Report of the Consumer Strategy Group, the abolition of the Restrictive Practices (Groceries) Order 1987 by way of the Competition (Amendment) Act 2006 and the introduction of the Consumer Protection Act 2007 which led to the establishment of the National Consumer Agency and transposed the Unfair Commercial Practices Directive. The Report of the Consumer Strategy Group, referred to above, was published in 2005 and the cost was borne by Forfa´s. As a follow on to the work of that Group, the Department produced a Final Report of the High Level Interdepartmental Committee on the Recom- mendations contained in the Consumer Strategy Group and subsequently the Report on the Restrictive Practices (Groceries) Order 1987: A Review & Report of Public Consultation Pro- cess (October 2005). Both of these Reports were produced in-house with some external assistance at a cost of \10,000. Current projects underway in the Section include a review of the Competition Act 2002, a review of the Sale of Goods legislation and participation in the review of the EU Consumer Acquis. In addition to providing the secretariat to the Advisory Group on Media Mergers which was established at the end of March, day to day work of the Section includes an oversight/support function in relation to both the Competition Authority and the National Consumer Agency and monitoring and contributing to competition and consumer developments at EU level.

610 Questions— 27 May 2008. Written Answers

I remain committed to ensuring that the Competition and Consumer Policy Section is adequately resourced to enable it carry out its important work of delivering a modern and effective national competition and consumer policy.

Departmental Statistics. 301. Deputy Michael D. Higgins asked the Ta´naiste and Minister for Enterprise, Trade and Employment the number of prosecutions taken since 2003 against employees in conjunction with compliance with Irish and European legislation, directives and conventions for the protection of workers; the number of convictions achieved; and the forms of sanctions imposed. [20645/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): There have been no prosecutions taken against employees in conjunction with compliance with Irish or European legislation, directives or conventions for the protection of workers from 2003 to date.

302. Deputy Michael D. Higgins asked the Ta´naiste and Minister for Enterprise, Trade and Employment the number of prosecutions taken since 2003 against employers in conjunction with compliance with Irish and European legislation, directives and conventions for the protection of workers; the number of convictions achieved; and the forms of sanctions imposed. [20646/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): The following table shows details of criminal proceedings initiated since 2003 insofar as alleged offences detected by the Labour Inspectorate (now the National Employment Rights Authority’s (NERA) Inspection Services) under certain employment rights legislation are concerned.

Table: Details of criminal proceedings initiated since 2003 insofar as alleged offences detected by the Labour Inspec- torate (now the National Employment Rights Authority’s Inspection Services) under certain employment rights legislation are concerned.

2003 2004 2005 2006 2007 2008 (to 30th April)

No. of Proceedings initiated 25 54 59 62 98 19 No. of Proceedings settled/ withdrawn prior to Court Hearing 8 26 29 31 29 14 No. of Convictions 21 18 31 26 34 27 Note: The number of convictions secured and the number of cases settled/withdrawn prior to Court hearing do not necessarily refer to the cases in respect of which proceedings have been initiated in that year.

List of Employment Rights Legislation to which above proceedings refer:

• National Minimum Wage Act, 2000

• Organisation of Working Time Act, 1997

• Industrial Relations Acts, 1946 to 2004 (and Employment Regulation Orders and Regis- tered Employment Agreements made thereunder)

• Payment of Wages Act, 1991

• Protection of Young Persons Act, 1996 611 Questions— 27 May 2008. Written Answers

[Deputy Billy Kelleher.]

Monetary fines are the usual form of sanction imposed. The range of fines under key pieces of legislation are as follows:

Legislation Maximum Fines

Industrial Relations Acts, 1946-2004 Range from \634.87 to \1,269.84 Protection of Young Persons (Employment) Act, 1996 \1,904.61 Organisation of Working Time Act, 1997 \1,904.61 National Minimum Wage Act, 2000 \1,904.61 \12,697.38 for conviction on indictment Payment of Wages Act, 1991 \1,269.74

The Courts may also, in certain circumstances, make orders directing the employer to pay arrears to employees arising from offences under employment legislation. NERA reserves the right to initiate legal proceedings in all cases where breaches of employment legislation within its remit are detected. However, NERA’s primary focus in such cases is to seek compliance and rectification of any breaches identified, including redress for the employees concerned and payment of any arrears due to those employees. In this regard, NERA recovered almost \2.5 million in arrears in total in 2007 arising from breaches of certain employment rights legislation. The Deputy should be aware that Rights Commissioners of the Labour Relations Commission also hear complaints concerning breaches of certain employment rights legislation.

Consumer Protection. 303. Deputy Finian McGrath asked the Ta´naiste and Minister for Enterprise, Trade and Employment if she will support the case of a person (details supplied) in Dublin 5. [20658/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): While I have no direct function in relation to this matter, I understand that the case referred to by the Deputy relates to the practice of the company concerned imposing a charge on customers who pay their bills by means other than by direct debit. I understand that the National Consumer Agency (NCA) has received a number of complaints on this matter from consumers. I am advised that the Agency met with the senior management of the company concerned on a number of occasions. Arising from these discussions, the company agreed that this charge would only apply to new customers of the company recruited after 27 November 2006 and that new customers would be made fully aware, before signing up for the company’s services, that a charge would be imposed if they did not choose to pay their bill by direct debit. Whilst the practice of imposing such a charge does not breach consumer legislation, I would be concerned that the imposition of charges of this nature should not impact unduly on consumers, particularly vulnerable consumers. In this regard, I understand that the National Con- sumer Agency continues to meet with the company concerned in relation to a range of issues.

Departmental Staff. 304. Deputy Leo Varadkar asked the Ta´naiste and Minister for Enterprise, Trade and Employment the number of civil servants within her Department at the grade of assistant 612 Questions— 27 May 2008. Written Answers principal or higher; the number of whom were recruited to those roles from outside of the Civil Service; and if she will make a statement on the matter. [20674/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The number of civil servants in my Department at the grade of Assistant Principal and higher are as outlined in the table attached. Of the number at each grade one Assistant Principal was recruited from outside of the Civil Service in 2004. Since then and in accordance with the promotion sequence as determined by the Department of Finance, all vacancies in this Depart- ment to be filled from Interdepartmental and Open panels have been filled from the Decentra- lisation Central Applications Facility or the Dublin Surplus Arrangements. The Department has a number of other posts equivalent to some of the grades mentioned above i.e. Auditor, Professional Accountant, Legal Adviser and staff assigned to these posts were generally recruited by open competition.

Assistant Principal Principal Officer Assistant Secretary

98 42 7

Work Permits. 305. Deputy Tom Hayes asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the changes to employment permit arrangements for spouses of work permit holders in terms of application criteria and limitations. [20700/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Employment Permits Section of my Department informs me that the Spousal/Dependant Scheme gives greater ease of access to employment for spouses/dependants of all employment permit holders, who have been admitted to the State under Family Reunification by:

• Not requiring the employer in question to advertise the job with FA´ S/EURES in advance of making a work permit application,

• Accepting applications for jobs in categories that would otherwise be ineligible for work permits, and

• Exempting the application from the work permit fee. Full details of the Scheme are available on my Department’s website at www.entemp.ie.

EU Directives. 306. Deputy Joanna Tuffy asked the Ta´naiste and Minister for Enterprise, Trade and Employment the steps taken to ensure that Ireland implements the Seveso Directive 2003/105/EC on the control of major accidents involving dangerous substances following the formal notice sent to Ireland from the European Commission on 23 March 2007 and in particular to meet the requirement that three outstanding establishments of 23 in total here prepare emergency plans under Article 9 of the directive; and if she will make a statement on the matter. [20800/08]

307. Deputy Joanna Tuffy asked the Ta´naiste and Minister for Enterprise, Trade and Employment the position regarding the 23 establishments that are required to prepare emergency plans under Article 9 of the Seveso Directive; the plans that have been prepared and 613 Questions— 27 May 2008. Written Answers

[Deputy Joanna Tuffy.] which are outstanding in tabular form; and if she will make a statement on the matter. [20801/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): I propose to take Questions Nos. 306 and 307 together. Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances as amended by Directive 2003/105/EC, [known as the Seveso Directive], applies to all establishments where the inventory of dangerous substances exceeds specified thresholds. I am informed by the Health and Safety Authority that there are currently 90 such establishments notified to it. Of these, 32 are classified as “upper tier”, and as such, in accordance with Article 11 of the Directive, require that external emergency plans be prepared. The European Commission issued a Reasoned Opinion to Ireland on 23 October 2007, concerning the failure by Ireland to draw up such external emergency plans in respect of 11 establishments. The authorities in Ireland responsible for drawing up these external emergency plans are designated pursuant to the European Communities [Control of Major Accident Hazards] Regulations 2006, S.I. No. 74 of 2006. These include Local Authorities, an Garda Sı´ocha´na and the Health Services Executive. I am informed that all but one external emergency plans are in place. In relation to the one outstanding plan, I am informed that it is expected that the plan will be finalised before the end of next month.

Work Permits. 308. Deputy Jan O’Sullivan asked the Ta´naiste and Minister for Enterprise, Trade and Employment if she will arrange for a review of a decision to refuse a work permit in relation to a person (details supplied) as their qualification is in a category allowed according to her Department guidelines and their potential employer has tried without success to find a suitable candidate within the EU; and if she will make a statement on the matter. [20961/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Employment Permits Section of my Department informs me that this application was refused on the grounds that it is current Government policy to issue new employment permits only for highly skilled, highly paid positions or for non-EEA nationals already legally resident in the State on valid employment permits. Furthermore, the above named is resident in the State on a Visitor stamp and is, therefore, ineligible to enter employment. Having examined an appeal, the Appeals Officer has upheld the original decision in this case.

Industrial Development. 309. Deputy Jack Wall asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the number of visiting industrial and commercial itineraries internationally and nationally organised by the Industrial Development Authority that have visited sites in each county for each of the past five years; the results of each visit; the number of employment opportunities created; the cost or grants paid by the IDA in assisting to create such opportunities; and if she will make a statement on the matter. [21192/08]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment to Ireland and its regions. The marketing of individual areas, for new or expansion FDI investments and jobs is a day-to-day operational matter for the Agency. While I may give

614 Questions— 27 May 2008. Written Answers general policy directives to the Agency, I am precluded under the Acts from giving directives regarding individual undertakings or from giving preference to one area over others. I am informed by the Agency that in the 5-year period from 2003 to 2007, there have been a total of 1329 site visits by foreign investors to various locations around Ireland. Details of these site visits are set out in Tabular Statement 1. It is not possible, in the time available, to indicate the results of each of these individual site visits. However, in the same 5-year period (2003-2007) there have been 78 announcements by foreign investors establishing Greenfield investments in this country, with a potential to create 12,405 jobs. Details of those announcements are set out in Tabular Statement 2. In the period 2003 to 2006 IDA Ireland paid out a total of \347,047,723 in grant payments to its client companies. Details of grant payments in each of those years are set out in Tabular Statement 3. Figures of grant payments for the year 2007 will not be available until the publication of the IDA’s Annual Report later this year.

Table 1: Number of Site Visits organised by the IDA by County in each of the years 2003-2007

County 2003 2004 2005 2006 2007

Carlow 7 6 7 Cavan 1241 Clare 63133 Cork 38 39 35 16 27 Donegal 3 16493 Dublin 32 45 71 90 91 Galway 30 17 14 20 15 Kerry 23423 Kildare 2 1 Kilkenny Laois 41756 Leitrim 2 1 Limerick 15 21 19 24 35 Longford 3 1 1 2 Louth 26 30 47 47 24 Mayo 78234 Meath 10 8 12 2 Monaghan 1 Offaly 15 12714 Roscommon 4 3 2 1 Sligo 11 11656 Tipperary 2 1 1 Waterford 8 13 10 12 9 Westmeath 36 31 14 16 18 Wexford 8 3 2 1 Wicklow 1 1

615 Questions— 27 May 2008. Written Answers Announced Table 2: List of IDA Greenfield announcements by County by Year from 2003 to 2007. Date Company Location Product / Activity No. Jobs Type Announced 27-Nov-0719-Sep-07 FINCAD19-Sep-0710-Sep-07 Blizzard10-Sep-07 KCI11-Jul-07 Solar Winds17-Apr-07 Apex Funds17-Apr-07 Teleflex ACI17-Apr-07 Worldwide Rovsing17-Apr-07 A/S AR12-Apr-07 Europe Limited Gala02-Apr-07 Inc Paragon22-Jan-07 Dublin Global Resources Integra04-Dec-06 Cork21-Nov-06 Daiwa Securities Cork Eli27-Oct-06 Lilly Westmeath Cork Cisco07-Sep-06 Limerick25-Jul-06 Servier Limerick Athlone Dublin12-Jun-06 Northern Trust Limerick EMEA25-Apr-06 HQ Cordis30-Mar-06 Netgear Sandisk European21-Mar-06 Intl Customer Global Centre Manufacturing Dublin Operation Pillar20-Mar-06 EMEA Data HQ Systems Dundalk Software Abbott01-Mar-06 European Laboratories HQ Offaly ICT Actel22-Feb-06 Customer Service International Software Amazon.Com Services09-Feb-06 Inc Cork Sage25-Jan-06 Technologies Limerick Vesta12-Jan-06 Corporation Galway Belview Citco On-Line Games Hedge USCI Fund Ireland Administration Drogheda Cashel Donegal Dublin Cork Medical Technology 50 50 Biopharmaceutical Cork Fund Manufacture Administration Greenfield R&D Dublin Communications Technology 30 Pharmaceutical Manufacturing Greenfield Facility Dundalk Dublin Computer Data Storage Systems Healthcare Greenfield Products 100 Development & 75 EMEA Manufacturing HQ Centre 40 150 Intl HQ Galway 100 Cork Greenfield 300 Greenfield Greenfield Greenfield Multi-lingual Customer Software 30 Service Greenfield Centre 21 Financial Services European Greenfield IC Development 155 200 Centre 32 200 Greenfield Greenfield 65 Greenfield Medical Greenfield Greenfield Greenfield Technology 450 200 300 Greenfield Financial Services Greenfield Greenfield Greenfield 450 155 Greenfield 20 Greenfield 125 Greenfield 100 350 Greenfield Greenfield 40 Greenfield 125 Greenfield 250 Greenfield Greenfield

616 Questions— 27 May 2008. Written Answers Announced Providers Inc Date Company Location Product / Activity No. Jobs Type Announced 12-Jan-0628-Oct-0522-Sep-05 Amgen21-Sep-05 Palm22-Aug-05 Zeus Industrial Products07-Jun-05 Axa Assistance SA BISYS Hedge Fund Services09-May-05 Qlogic Corporation12-Apr-05 Ellison11-Apr-05 DC31-Mar-05 Studios Letterkenny, Engenoi25-Feb-05 Co. Information Donegal Technologies Waterford Toucan25-Feb-05 Produce Resprionics25-Feb-05 and Inc Cork distribute Athlone, medical Co. tubing Westmeath products Labcoat Ltd Cork15-Feb-05 Dublin Ulbrich Dublin Stainless Steels & Assistance03-Feb-05 Special service Metals centre Yahoo!03-Feb-05 Galway Financial Hartford03-Feb-05 Services Financial Services AutoEurpoe29-Nov-04 150 MarketBoomer29-Nov-04 Clonakilty, Dublin Co. Cork Biotechnology Innocoll29-Nov-04 Inc Greenfield Innocoll Mobile29-Nov-04 Galway Inc computing Storage Information & Area Storage provider Network Systems of Infrastructure Conor smartphones Sligo28-Oct-04 Component Medsystems Inc Manufacture Dies Dublin Cooper & Galway12-Oct-04 Cameron Die Corporation Cutting Equipment Manufacture & distribute08-Oct-04 McAfee wire Incorporated products for medical sector05-Aug-04 Business Objects Video27-Jul-04 AK game Pharmaceuticals development 100 300 Dublin Altera Corporation Dublin 40 Dublin Medical 35 Longford technology Centocor Athlone, Co. Greenfield Greenfield Westmeath Consumer Telecoms Financial Roscommon Drug 34 Services applications Greenfield technologies Greenfield 250 Athlone, Co. Westmeath Cork Drug Delivery Sector Greenfield 95 Greenfield Healthcare R&D & Dublin Cork Manufacturing Online 1100 product & Manufacture Car service of rental providers oil eProcurement Cork Call & Service Greenfield Centre gas Provider Healthcare exploration R&D products & Manufacturing Greenfield 50 Security Cork Software 68 Greenfield Business Intelligence Software 105 Pharmaceutical Solutions 57 Logic devices 300 16 Greenfield 400 130 Greenfield Greenfield 40 60 Greenfield 35 Greenfield Greenfield Greenfield Biopharmaceutical Manufacture Greenfield Greenfield 60 Greenfield 350 Greenfield Greenfield 152 Greenfield 220 330 60 Greenfield Greenfield Greenfield

617 Questions— 27 May 2008. Written Answers Expansion Announced solutions Centre Services Date Company Location Product / Activity No. Jobs Type Announced 28-Jun-0421-Jun-0420-Apr-04 ECC05-Apr-04 Ecora Software Merck23-Mar-04 & Co. Inc Ubiqus24-Feb-04 SA Monster20-Jan-04 Cable TKO04-Dec-03 Software Comprehensive Sports Information14-Oct-03 (CSI) Transas Ltd13-Oct-03 Galway16-Sep-03 Affiliated Computer Services Inc. (ACS)15-Sep-03 MAPICS Cork Incorporated Dublin eBay & PayPal Cork09-Sep-03 Dublin Pepsi-Cola07-Jul-03 Co. Waterford Clare14-Apr-03 TR-Electronic GmbH Dublin02-Apr-03 BuiPin GmbH On-line sports news Overture01-Apr-03 and Services statistics Inc Guehring Athlone oHG Cork Albstadt28-Mar-03 Software SAP dev, Pharmaceutical research, sales and28-Mar-03 marketing Web Information Learning technology Centre Centre outsourcing Schlumberger for12-Mar-03 services Cable report Manufacture writing Dublin ALTANA 1504-Mar-03 Pharma AG Cork Software Google development12-Feb-03 & services Cork Abbott Laboratories Dublin28-Jan-03 Waterford Software Trend Development Micro Centre Waterford16-Jan-03 Manufacture & supply software 60 information Recordati technology 31 S.p.A 100 Pfizer Secure Inc online payments Carrigtwohill, Co. Greenfield Cork Greenfield Greenfield Software development Little Island, 30 Cork Coating Galway of Soft Metal Drinks Longford Tools Manufacture Internet Pharmaceutical Paint Search manufacturing Manufacture Operations Centre 40 Greenfield 69 30 Dublin 80 Shared Services Centre 50 Cork Greenfield Cork 55 Greenfield Greenfield Greenfield Greenfield Global Diagnostic Technical manufacturing Support Greenfield and Dublin Customer Interaction 800 Internet 200 Search Operations Centre 150 Anti-Virus Software 30 & 350 Greenfield Content 250 Security Pharmaceutical Software Greenfield & 50 Greenfield Greenfield Greenfield Pharmaceutical Greenfield 20 & Greenfield 150 100 Greenfield Greenfield 600 Greenfield 200 Greenfield Greenfield 60 200 Greenfield Greenfield

618 Questions— 27 May 2008. Written Answers

Year Expenditure

2003 97,490,515 2004 65,542,642 2005 87,296,576 2006 96,717,990

Sports Capital Programme. 310. Deputy Finian McGrath asked the Minister for Arts, Sport and Tourism if he will advise on the case of a club (details supplied) in Dublin 3. [20660/08]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): Under the sports capital programme, which is administered by my Department, funding is allocated to sporting and community organisations at local, regional and national level throughout the country. Since 1998, the organisation in question has been allocated \657,896 under the programme, \253,948 in 2000, a further \253,948 in 2001 and \150,000 in 2003. All of these allocations have been paid in full. Applications for funding under the 2008 programme were invited through advertisements in the press on 13th and 14th of January and the deadline for receipt of applications was 29th February for paper-based applications and 7th March for online applications. All applications received before the deadline are currently being evaluated against the programme’s assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. While I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed, I must inform the Deputy that there is no record of an application under the 2008 programme being received under the name supplied.

Departmental Staff. 311. Deputy Leo Varadkar asked the Minister for Arts, Sport and Tourism the number of civil servants within his Department at the grade of assistant principal or higher; the number of whom were recruited to those roles from outside of the Civil Service; and if he will make a statement on the matter. [20669/08]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): A total of 42 civil servants are employed in the Department, including the National Archives, at the level of Assistant Principal or higher. Of these, three were recruited to their roles from outside the Civil Service, and a further two, who were already civil servants, were appointed through an open competitive process to their current positions.

Film Industry Development. 312. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism the reports that have been completed or are in the process of being prepared on the current status or future development of the film industry here; if such reports are publicly available; and if he will make a statement on the matter. [20683/08]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): My Department has not commissioned or prepared any reports on the current status or future development of the film 619 Questions— 27 May 2008. Written Answers

[Deputy Martin Cullen.] industry in Ireland. It has, however, undertaken an Expenditure Review of the Irish Film Board, under the Department’s Value for Money and Policy Review Programme. I understand that the Irish Film Board, which is the independent statutory authority with responsibility for the support and promotion of film making in Ireland, in respect of both the indigenous sector and inward productions, recently commissioned consultants to carry out research to establish the entire size, character and value of the audio visual content production sector in Ireland. It is intended that the final report will be published by the Irish Film Board when the research process concludes.

Sports Capital Programme. 313. Deputy Pat Rabbitte asked the Minister for Arts, Sport and Tourism the position regarding the construction of a football stadium at Tallaght, Dublin 24; the amount of funding that will be provided towards this project from central funding; when he expects the stadium to be functioning; if all matters relating to its operation are resolved; and if he will make a statement on the matter. [20730/08]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): I understand from South Dublin County Council that the Contractor resumed works on Tallaght stadium earlier this month and it is hoped that the first phase can be completed by February 2009. Phase One will see the completion of the stand on one side of the pitch with a seating capacity of 3,000, the playing surface, changing rooms and showers and other amenities. Officials from South Dublin County Council met with officials from my Department to discuss the funding of the project. My Department has already allocated grants of \2.44m under the Sports Capital Programme to the development over the period 2000 to 2002. Funding towards the completing of Phase One of the project is being considered in the context of the 2008 Sports Capital Programme allocation. All applications received before the deadline, including one in respect of the project in question, will be evaluated against the programme’s assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed. Operational issues in relation to the stadium are a matter for South Dublin County Council.

Sport and Recreational Development. 314. Deputy Mary Upton asked the Minister for Arts, Sport and Tourism when he will publish the national audit of sports facilities phase one report; and if he will make a statement on the matter. [21011/08]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): Phase one of the nationwide audit of sports facilities, which focuses on national and regional sports facilities, has now been completed within my Department. This work was part of the work being undertaken to assist in the preparation of the National Sports Facility Strategy. A draft of the Sports Facility Strategy is being finalised at present and will then be appraised by the inter-agency steering group established to oversee the development of the strategy. When the Sports Facility Strategy has been completed it will be published as will phase one of the audit of sports facilities.

Departmental Reports. 315. Deputy Mary Upton asked the Minister for Arts, Sport and Tourism when he will

620 Questions— 27 May 2008. Written Answers publish the report of the London Olympic Games task force; and if he will make a statement on the matter. [21012/08]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The London 2012 Olympics and Paralympics Task Force has recently submitted its report and I will be considering its findings and recommendations. The timing of the publication of the report will be considered when this process is complete.

Social Welfare Benefits. 316. Deputy Pat Breen asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Clare was not assisted; and if she will make a statement on the matter. [20967/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Under the supplementary welfare allowance scheme, which is administered on behalf of the Department by the community welfare division of the Health Service Executive, an exceptional needs payment (ENP) may be made to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Each application is determined by the Executive based on the particular circumstances of the case. The Mid-Western Area of the Executive has advised that they have no record of a claim for an exceptional needs payment from the person concerned either in June 2007 or currently. If the person concerned wishes to claim an exceptional needs payment, she should contact her local Community Welfare Officer. The Executive has further advised that the person concerned is in receipt of a one-parent family payment and rent supplement. However, the rent supplement payment has been suspended pending the assessment of earnings from employment. Payment of rent supplement will be reviewed when all relevant information on earnings is made available to the Community Welfare Officer.

Social Welfare Code. 317. Deputy Phil Hogan asked the Minister for Social and Family Affairs the criteria for rent subsidy for qualifying applicants; and if she will make a statement on the matter. [20974/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The supplementary welfare allowance scheme (SWA), which is administered on behalf of the community welfare division of the Health Service Executive, provides for the payment of a rent supplement to assist eligible people who are unable to provide for their immediate accommodation needs from their own resources and who do not have accommodation available to them from any other source. The Executive can also provide assistance with rent deposits to enable people to secure private rented accommodation. In order to qualify for a rent supplement a person must satisfy a number of conditions including a means test and a habitual residence condition. The Executive must also satisfy itself that the applicant has a genuine accommodation need, that the property being rented is suitable to those needs and that a bona fide tenancy exists between the applicant and their landlord. Rent supplements are normally calculated to ensure that the person, after the payment of rent, has an income equal to the appropriate basic weekly payment rate of SWA, less \13. This \13 represents the minimum contribution which recipients are required to pay from their own resources. In addition to the minimum contribution, applicants may also be required to contribute part of any assessable means which they have in excess of the appropriate SWA rate.

621 Questions— 27 May 2008. Written Answers

[Deputy Mary Hanafin.]

In recent years improvements have been made in the means test to encourage eligible people to engage in employment without losing their entire rent supplement payment. Where a person has additional income in excess of the standard weekly rate of supplementary welfare allowance, the first \75 of such additional income together with 25% of any additional income above \75 is disregarded for means assessment purposes. This ensures that those returning to work or participating in training schemes are better off as a result o f taking up such an opportunity. In addition, rent supplement may continue to be paid to a person who engages in full time employment, subject to their satisfying the improved means testing arrangements, as outlined above, and where they have been accepted as having a long term housing need under the Rental Accommodation Scheme (RAS). There are a number of other qualifying conditions such as the cost of the accommodation, application for local authority housing etc. which need to be considered by the Executive when determining entitlement for rent supplement. More detailed descriptions of all of the qualifying conditions for rent supplement can be found on the Department’s website (www.welfare.ie) under the heading of the supplementary welfare allowance scheme.

Social Welfare Benefits. 318. Deputy Pat Breen asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Clare was not assisted; and if she will make a statement on the matter. [20980/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Under the supplementary welfare allowance scheme, which is administered on behalf of the Department by the community welfare division of the Health Service Executive, an exceptional needs payment (ENP) may be made to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Each application is determined by the Executive based on the particular circumstances of the case. The Mid-Western Area of the Executive has advised that the person concerned has recently applied for an exceptional needs payment and was given an application form to complete and return to the Community Welfare Officer. When the completed form is returned with the required information, a decision will be made on entitlement to an exceptional needs payment.

319. Deputy Paul Kehoe asked the Minister for Social and Family Affairs the position with regard to an old age pensioner who is the holder of a valid travel pass, who sought to use the Dublin Bus Airlink and was informed that they are not entitled to travel on that service and when they subsequently sought to use a route 747 bus they were again told their travel pass could not be used; and if she will make a statement on the matter. [20567/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department operates the free travel scheme which provides free travel on the main public and private transport services. These include road, rail and ferry services provided by companies such as CIE, Luas and over 90 private transport operators. In addition, free travel pass holders can travel for free on cross border journeys between the Republic of Ireland and Northern Ireland. Since April 2007, free travel customers aged over 66 can also avail of onward free travel within Northern Ireland under the all-Ireland free travel scheme. Certain premium services operated by CIE, including the Dublin Bus Airlink service, are not covered by the free travel scheme. However, Dublin Bus operates a number of scheduled

622 Questions— 27 May 2008. Written Answers services to Dublin airport from various locations within the city on which the free travel pass can be used.

320. Deputy Ciara´n Lynch asked the Minister for Social and Family Affairs if it is her intention to facilitate the provision of social welfare payments through credit union accounts; and if she will make a statement on the matter. [20655/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department supports government policy which aims to facilitate the greater use of electronic payment systems in the economy in the interests of developing a world class payments environment in Ireland. Our payment strategy is designed to ensure that cost effective arrangements are in place for making payments to social welfare customers by using a range of payment options and to ensure that new payment facilities are made available to customers as they arise. The current range of payment options offered by my Department to customers include payment to a local post office, bank or building society account and credit unions that have financial regulatory approval. Customers choose a particular payment option having regard to their own personal circumstances. A list of credit unions to which payments are currently made is as follows.

List of Authorised Credit Unions • ASTI

• Caherdavin & District

• Cashel

• Charleville

• Coolock/Artane

• Fermoy

• Health Services Staffs

• Mallow

• Rathmore & District

• St. Joseph’s Aviation

• St. Paul’s Garda

• Swords & District

• Tallow Area

• Thurles

• Tipperary

Credit Unions — Independent Financial Institutions • Mullingar

• Tullamore

623 Questions— 27 May 2008. Written Answers

[Deputy Mary Hanafin.]

• Arklow

• Waterford

Departmental Staff. 321. Deputy Leo Varadkar asked the Minister for Social and Family Affairs the number of civil servants within her Department at the grade of assistant principal or higher; the number of whom were recruited to those roles from outside of the Civil Service; and if she will make a statement on the matter. [20680/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The following table details the number of staff within my Department at the grade of Assistant Principal and higher, and the number recruited from outside of the Civil Service. Under the terms of Towards 2016 new arrangements are in place to increase open recruitment at Higher Executive Officer, Assistant Principal and Principal Officer across the civil service.

Grade No. of posts Recruited from outside Civil Service

Assistant Principal 212 — Professional Accountant 4 2 Principal Officer 52 — Medical Assessor 19 19 Deputy Chief Medical Adviser 1 — Chief Appeals Officer 1 — Assistant Secretary 5 — Director General 1 — Secretary General 1 —

Social Welfare Benefits. 322. Deputy Michael Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo was refused jobseeker’s allowance. [20750/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): To be entitled to jobseeker’s benefit or allowance a person must be available for and capable of work. The person concerned had been in receipt of jobseeker’s allowance and was paid in Dublin, until 1 April 2008, when her claim was suspended and then closed as she had failed to sign the live register as required. The person concerned applied for an illness benefit payment on 2 April 2008 but did not qualify as she has insufficient contributions in the governing contribution year. However, she continued to provide medical certificates stating that she was incapable of work. These continued until 29 April 2008. In the meantime she approached the Social Welfare Office in Clare- morris on 9 April 2008 and requested that her jobseeker’s allowance claim be transferred to that office. A Deciding Officer disallowed her jobseeker’s claim on the grounds that she was not available for and not capable of work, as she was medically certified as incapable of work.

624 Questions— 27 May 2008. Written Answers

Her Social Welfare Local Office will contact her regarding her current availability and medical capacity for work. Also, an application form for family income supplement (FIS) has been issued to her spouse as he may qualify for such a payment. It is open to her to appeal the jobseeker’s disallowance decision and a form for this purpose has been issued to her. 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.

Industrial Disputes. 323. Deputy James Bannon asked the Minister for Social and Family Affairs if her attention has been drawn to the fact that there is an ongoing industrial dispute at a number of local welfare offices which is inconveniencing the general public; and if she will make a statement on the matter. [20896/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Civil Public and Services Union is currently in dispute with my Department in relation to a claim for the extension of the flexible attendance bands. The industrial action being taken involves non co-operation with lunchtime opening in the Department’s local offices and a ban on answering phones at lunchtime. I regret the inconvenience to the public arising as a result of the industrial action. Every effort is being made by the Department to bring about a resolution of the dispute. Arrangements are currently being made for a facilitation process in the Labour Relations Commission.

Social Welfare Code. 324. Deputy Michael D. Higgins asked the Minister for Social and Family Affairs the position regarding qualification for the back to education allowance; and the framework by and through which it is determined that a person qualifies. [20909/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): 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 work. It is paid at a standard weekly rate equivalent to the maximum rate of the relevant social welfare payment that qualifies the applicant for participation in the scheme. It essentially replaces their existing social welfare income and in addition an annual \400 cost of education allowance is payable. This will be increased to \500 from the beginning of the next academic year 2008/2009. To qualify for participation an applicant must, inter alia, be in receipt of a relevant social welfare payment and must be at least 21 years of age prior to commencing an approved course of study. People in receipt of disability allowance, blind pension and incapacity supplement may access the scheme at 18 years of age. Similarly, lone parents and people in receipt of unemployment payments can qualify at 18 years of age if they have been out of formal education for at least 2 years. An applicant must also be in receipt of a relevant social welfare payment for at least six months, in the case of a person wishing to complete a second level course, or twelve months in the case of a person wishing to pursue a third level qualification. The twelve-month requirement is reduced to nine in the case of people who wish to attend a third level course and who are participating in the National Employment Action Plan. Under the plan persons aged 18 and under 64 years who are approaching three months on the Live Register are identified by the Department of Social and Family Affairs and referred to FA´ S for interview with a view to job placement or offer of training.

625 Questions— 27 May 2008. Written Answers

325. Deputy Ro´ isı´n Shortall asked the Minister for Social and Family Affairs the rationale for the different criteria for the carers respite grant applying before and after the child reaches 16; if this issue is being examined as part of the review of payments to carers; if not, if she will ensure that this issue is reviewed as part of that process; the estimated cost to the State of extending automatic entitlement to the carers respite grant to children up to the age of 18; and if she will make a statement on the matter. [21013/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Domiciliary Care Allowance is a monthly allowance administered by the Health Service Executive (HSE). Eligible children from birth to the age of 16 who are living at home and who have a severe disability requiring continual or continuous care and attention which is substantially in excess of that normally required by a child of the same age may qualify for Domiciliary Care Allowance. The current Domiciliary Care Allowance rate is \299.60 per month. Entitlement to Domiciliary Care Allowance ceases on the child’s 16th birthday. However, when the child is approaching the age of 16, the HSE advise the family to apply for the Dis- ability Allowance, operated by the Department of Social and Family Affairs. I understand that the Health Service Executive notify the parent(s) or guardian(s) of the child at least six months prior to the child’s 16th birthday. Claimants must satisfy a means test and medical criteria. The personal Disability Allowance rate is \197.80 per week. While the automatic entitlement to respite care grant lapses with the Domiciliary Care Allowance, a respite care grant is available from the Department of Social and Family affairs, subject to the satisfaction of eligibility criteria. There are no proposals to extend the age limit of the Domiciliary Care Allowance. My Department has asked the HSE, if it is possible, to estimate the cost of extending the age limit to 18 years of age net of those people who would switch to Disability Allowance and to reply directly to the Deputy.

Social Welfare Benefits. 326. Deputy Ro´ isı´n Shortall asked the Minister for Social and Family Affairs if she will provide the figures available to her on the number of children who moved from domiciliary care allowance to disability allowance in each of the past three years. [21016/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Disability allowance is a weekly allowance paid to people with a disability who are aged between 16 and 66 years. The disability must be expected to last for at least one year and the allowance is subject to both a medical examination and a means test. Records in this Department show that 198 persons in the period February to December 2005, 246 persons in 2006, 248 persons in 2007 and 93 persons in the period January to April 2008 who were awarded Disability Allowance had been in receipt of Domiciliary Care Allowance. Domiciliary Care Allowance is a monthly payment which provides financial support to families with children with severe disabilities up to the age of 16 years. In addition, an annual respite care grant is also payable with the allowance. This scheme is currently administered by the Health Service Executive under the aegis of the Department of Health and Children. The Social Welfare and Pensions Act 2008 has put in place the necessary legislative provision for the transfer of Domiciliary Care Allowance to this Department. It is expected that the appropriate systems and administrative arrangements will be in place to give effect to the transfer in the second quarter of 2009. Following this transfer appropriate policy or further legislative development will be considered when the Department has had the opportunity to examine the circumstances and needs of recipients of the allowance.

626 Questions— 27 May 2008. Written Answers

Social Welfare Code. 327. Deputy Ro´ isı´n Shortall asked the Minister for Social and Family Affairs when the new changes in rent supplement ceiling are expected; the changes envisaged; and if she will make a statement on the matter. [21058/08]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Rent supplement is administered on behalf of the Department, by the Health Service Executive (HSE) as part of the supplementary welfare allowance scheme. Rent supplement is subject to a limit on the amount of rent that an applicant may incur. Rent limits are set at levels that enable the different eligible household types to secure and retain basic suitable rented accommodation, having regard to the different rental market conditions that prevail in various parts of the State. The objective is to ensure that rent supplement is not paid in respect of overly expensive accommodation having regard to the size of the household. Setting maximum rent limits higher than are justified by the open market would have a distorting effect on the rental market, leading to a more general rise in rent levels. This in turn would worsen the affordability of rental accommodation unnecessarily, with particular negative impact for those tenants on lower incomes, including people in low wage employment. Notwithstanding these limits, under existing arrangements the HSE may, in certain circumstances, exceed the rent limits. This discretionary power ensures that individuals with particular needs can be accommodated within the scheme and specifically protects against homelessness. The current rent limits were set in January 2007. A review of rent limits is currently being undertaken. A consultative process is being used to ensure that the views of all relevant parties are sought and taken into account in the process. This includes consultation with the HSE, the Department of Environment, Heritage and Local Government, Central Statistics Office, the Private Residential Tenancies Board and voluntary agencies working in this area. This process helps ensure that the new rent limits reflect realistic market conditions throughout the country. As the review is still underway, no decisions have been made regarding what changes may be necessary. Any adjustments to rent limits, resulting from this review, will be effective from 1 July 2008.

Tourism Industry. 328. Deputy Paul Kehoe asked the Minister for Community, Rural and Gaeltacht Affairs the funding avenues available to prospective applicants who are endeavouring to establish rural tourism initiatives; and if he will make a statement on the matter. [20568/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The Deputy will be aware that I launched the LEADER element of the Rural Development Programme on Tuesday 20th May. The process of selecting Local Action Groups for the delivery of the LEADER element began with the publication of advertisements in the National newspapers on Wednesday 21st May. The selection process will run over the coming months and will culminate in the selection of Local Action Groups and the allocation of funding on the basis of recommendations from independent evaluators. The final allocations will be subject to Government approval. Opportunities for funding for rural tourism will be available under the following measures of the Programme:

• Diversification into non-agricultural activities for farm families. Funding will be available, inter alia, for the renovation of farm buildings for tourism purposes and the provision of

627 Questions— 27 May 2008. Written Answers

[Deputy E´ amon O´ Cuı´v.] facilities for walking, cycling, angling and pony trekking. Funding will also be available under this measure for the development of niche tourism and educational services such as arts and crafts, speciality food provision and open farms. Funding of \16.6m will be available under this measure.

• Encouragement of tourism activities. Funding will be available for the analysis and provision of infrastructural needs for tourism, the maintenance of vernacular features such as disused railway lines, canal towpaths, &c., the development of the use of forests for tourism and recreation and the development of niche tourism such as arts and crafts, ecotourism, genealogy and archaeology. Funding of \45.4m will be available under this measure.

In addition the Rural Development Fund which is operated through my Department provides finance for policy-oriented research, evaluations and pilot actions in rural development and is currently providing assistance to a number of tourism related initiatives.

Rural Development. 329. Deputy Paul Kehoe asked the Minister for Community, Rural and Gaeltacht Affairs when rural development companies currently not accepting funding applications and only expressions of interest, will accept an application in particular from an organisation (details supplied); and if he will make a statement on the matter. [20607/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The Deputy will be aware that I launched the LEADER element of the Rural Development Programme on Tuesday 20th May. The process of selecting Local Action Groups for the delivery of the LEADER element began with the publication of advertisements in the National newspapers on Wednesday 21st May. The selection process will run over the coming months and will culminate in the selection of groups and the allocation of funding on the basis of recommendations from independent evaluators. The final allocations will be subject to Government approval. The Programme will subsequently commence with the signing of contracts between the successful applicant Local Actions Groups and my Department. The selected Local Action Groups will then be in a position to accept applications from project promoters under the Programme. I expect Local Action Groups to commence delivery of the Programme in October 2008.

Departmental Staff. 330. Deputy Leo Varadkar asked the Minister for Community, Rural and Gaeltacht Affairs the number of civil servants within his Department at the grade of assistant principal or higher; the number of whom were recruited to those roles from outside of the Civil Service; and if he will make a statement on the matter. [20671/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The number of civil servants within my Department at the grade of Assistant Principal or higher is 68 and the number of those who were recruited to those roles from outside of the Civil Service is 7.

Departmental Correspondence. 331. Deputy Jack Wall asked the Minister for Community, Rural and Gaeltacht Affairs his views on correspondence (details supplied); the action taken to address the concerns raised; and if he will make a statement on the matter. [20735/08]

628 Questions— 27 May 2008. Written Answers

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I would like to refer the Deputy to my reply to question number 601 on 2 April 2008.

Farm Waste Management. 332. Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food the reason farmers who pay a collection charge on the purchase of silage cover or silage wrap at the point of purchase are subsequently required to load and draw the used plastic to an agreed centre and pay for that privilege at the point of delivery; the way or the reason farmers should have to pay twice and also deliver when it was supposed to be collected; and if he will make a statement on the matter. [20571/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The disposal of waste materials in all sectors, including agricultural, is a matter for the Minister for the Environment, Heritage and Local Government in the first instance. Under the Waste Management (Farm Plastics) Regulations 2001, manufacturers and importers of farm plastics — that is, silage bale wrap and sheeting — must take steps to recover farm plastics waste which they have placed on the market, or alternatively contribute to and participate in compliance schemes to recover the waste in question. Since 1997 a silage plastic collection service has been operated by the Irish Farm Films Producers Group (IFFPG), and involves payment of a levy of \127 per tonne by producers (manufacturers and importers). Since May 2006 an additional weight-based charge has also been levied on farmers. The necessity for such a charge emerged from a review which sought to address a lack of resources to collect plastics, which resulted in a build-up on farms. Stakeholders, including the farming organisations, were consulted on the introduction of this levy, which aims to incentivise the presentation of clean, dry plastic by farmers, and to help ensure that collection can be assured, by putting in place, along with the producers levy, an adequate return to contractors. The Department of Agriculture, Fisheries and Food has no involvement in the running of the scheme. As a temporary measure in order to deal with the backlog on farms, local authorities provided designated facilities where farmers could deposit stockpiled farm plastic free of charge. In total, some 35,000 tonnes of materials were collected at these temporary facilities over the period 2006 to 2007. The operation of these temporary facilities proved so popular with farmers that the IFFPG have now developed a calendar of some 130 collections nationwide where farmers can deposit bale wrap and silage wrap, at a reduced weight-based charge. These collections have commenced and run through to the autumn of this year. Farmyard collections are still available from IFFPG but they are more expensive to operate and consequently involve a higher charge.

Grant Payments. 333. Deputy Finian McGrath asked the Minister for Agriculture, Fisheries and Food his views on an alternative for the payment to farmers of single farm payments who do not have bank accounts and deal solely with credit unions or An Post and where the particular branches are not part of the electronic banking system. [20601/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Farmers can continue to have their payments made by cheque or electronic funds transfer directly into their bank account for the remainder of the 2008 EU financial year which ends on 15 October. As and from the 2009 EU financial year which commences on 16th October 2008, my Department is

629 Questions— 27 May 2008. Written Answers

[Deputy Brendan Smith.] obliged, as the designated paying agency for EU funds, to make all payments under EU funded or co-funded schemes directly into bank accounts. My Department will issue payments to any bank, building society or credit union account which has an electronic funds transfers arrangement with the Bank Clearing System. All banks and building societies operate such an arrangement. I understand that An Post/POSTBANK has recently launched a new current account with electronic fund transfer capability and that the new facility is being offered throughout the national post office network. I also understand that a limited number of credit unions are already participating in the Bank Clearing System and that this number will increase over time. Farmers have a number of months to notify my Department of an account into which electronic payments should be made and I will be urging them to make the necessary arrangements as soon as possible in order to avoid disruption to their payments.

Departmental Staff. 334. Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food the number of civil servants within his Department at the grade of assistant principal or higher; the number of whom were recruited to those roles from outside of the Civil Service; and if he will make a statement on the matter. [20668/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Of the 10 Assistant Secretaries, 40 Principal Officers and 158 Assistant Principal Officers in my Department, one has been recruited from outside the Civil Service. These figures do not include general service equivalent grades in the professional and technical streams within my Department.

Grant Payments. 335. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food further to parliamentary Question No. 326 of 29 April 2008, when payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [20723/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person concerned was paid grant-aid under the Farm Waste Management Scheme on 20 May 2008.

Food Labelling. 336. Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food the measures he proposes to ensure the enforcement of food labelling and traceability regulations in the food processing, retailing and catering sectors; his views on whether the failure to carry out such enforcement undermines the stringent traceability regime implemented by the farming sector; and if he will make a statement on the matter. [20763/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Minister for Health & Children has overall responsibility for the general food labelling legislation. Responsi- bility for enforcement of labelling legislation rests with the Food Safety Authority of Ireland (FSAI) through its service contracts with my Department, the Sea Fisheries Protection Auth- ority, the Health Services Executive, the Local Authorities and the National Consumer Agency. It is a matter for the FSAI to ensure that appropriate checks are carried out and any breaches of food labelling legislation should be reported to the FSAI.

630 Questions— 27 May 2008. Written Answers

I understand from FSAI that all agencies concerned check on compliance with labelling legislation in the course of their routine inspections of food premises. There is a commitment to enforce the regulations by all the agencies concerned. For example:

• In June 2007 the FSAI secured a conviction in the District Court against a food business operator for illegal labelling of food. Fines and expenses totalling over \18,000 were imposed and,

• In March 2008 a food business operation pleaded guilty to charges made by South Dublin Co. Council for breaches of general beef labelling legislation. While applying the Pro- bation Act the District Judge required the food business operator to make a donation of \12,000 to the Society of Saint Vincent de Paul and awarded \1,500 expenses to the Council.

The stringent traceability regime implemented by the farming sector is part of the package of measures put in place by the EU to provide assurances on the safety of food demanded by consumers in the EU and importers in third countries.

Grant Payments. 337. Deputy Michael Lowry asked the Minister for Agriculture, Fisheries and Food when an area aid payment will be issued to a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [20959/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The position is that an application under the Single Payment Scheme/Disadvantaged Area Compensatory Allowance Scheme was received from the person named on the 15th May 2007. As part of the control procedures under EU legislation governing these Schemes, the application was selected for and was the subject of a ground eligibility and cross compliance inspection. During the course of the ground eligibility inspection, questions arose as to the eligibility of the person named for the Single Payment/Disadvantaged Area Compensatory Allowance Scheme. My Department wrote to the person named on the 4th April 2008 inviting her to attend a meeting with an official from my Department either at the person’s home or at my Depart- ment’s offices in Portlaoise. This letter was issued by ordinary post. A reply from the person named was received on the 15th April 2008 requested that my Department outline the issues to be discussed at the proposed meeting and some other related issues. My Department replied by registered post on the 8th May 2008. However, this letter was subsequently returned undeliv- ered with a notation that the person named was “not at this address”. The person named has the contact details of the personnel within my Department who are dealing with the case and she should proceed to contact them now with a view to arranging the requested meeting in order to finalise her application.

Rural Environment Protection Scheme. 338. Deputy P. J. Sheehan asked the Minister for Agriculture, Fisheries and Food if the application for a REP scheme payment for 2007 for a person (details supplied) in County Cork is now in order; when a payment will issue; and if he will make a statement on the matter. [20962/08]

631 Questions— 27 May 2008. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person named has been requested to provide amended documentation on a number of occasions, the most recent being last Friday. The required documentation has still not been received and processing of the application cannot be carried out until it is received.

Greenhouse Gas Emissions. 339. Deputy Andrew Doyle asked the Minister for Agriculture, Fisheries and Food if he has established the baseline data for energy inputs for each farming sector to determine national averages for each sector; and if he has developed an energy savings programme to reduce the use of diesel on farms and thereby reduce greenhouse gas emissions. [20968/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Farmers operate in a competitive environment where efficiency of production is of paramount importance to the viability of their business. In this context, energy constitutes a significant and rising input cost and it is in the interest of all farmers, and indeed other competitive sectors, to manage such costs efficiently and to limit use where possible. My Department has baseline data on greenhouse gas emissions in agriculture, including fuel usage, and it is worth noting that in recent years the sector has achieved significant production efficiencies which have kept emissions per unit of food as low as possible. My Department and Teagasc will continue to assist and support the agriculture sector in pursuing such efficiencies. My Department will also continue to encourage farmers to plant forestry and energy crops, which have such an important role to play in the achievement of Ireland’s renewable energy targets.

Grant Payments. 340. Deputy Michael D’Arcy asked the Minister for Agriculture, Fisheries and Food the status of an application for grant aid by a person (details supplied) in County Wexford; and when the applicant can expect a decision. [20969/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person named is an applicant under the Farm Improvement Scheme. Applications under this Scheme are being processed by my Department up to the level of funding provided for the Scheme in the 2006 Partnership agreement, Towards 2016. The application concerned will therefore be processed subject to funding still being available at that time.

341. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cork will receive their REP scheme payment. [21022/08]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The application for payment by the person named will be processed in my Department’s local office within the next ten working days, and if it is in order payment will issue shortly thereafter.

Special Educational Needs. 342. Deputy Niall Blaney asked the Minister for Education and Science if he will give consideration to approving a reader for a person (details supplied) in County Donegal for their leaving certificate examination. [20566/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The State Examinations Com- mission has statutory responsibility for operational matters relating to the certificate examinations including organising the holding of examinations and determining procedures in places where examinations are conducted including the supervision of examinations.

632 Questions— 27 May 2008. Written Answers

In view of this I have forwarded the Deputy’s query to the State Examinations Commission for direct reply to him.

Schools Building Projects. 343. Deputy Michael Ring asked the Minister for Education and Science when he will give the final approval for a building project (details supplied) in County Mayo to proceed. [20574/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the Deputy refers is currently at an early stage of architectural planning. The progression of all large scale building projects, including this project will be considered on an on-going basis in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

344. Deputy Olwyn Enright asked the Minister for Education and Science the school in County Offaly referred to in Parliamentary Question No. 128 of 1 May 2008; and if he will make a statement on the matter. [20581/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The school in question is SN Cronain Naofa, Dromakeenan, Co Offaly. The further progression of the project will be considered on an ongoing basis in the context of my Department’s multi-annual School Building and Modernisation programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

345. Deputy Olwyn Enright asked the Minister for Education and Science the school in County Laois referred to in Parliamentary Question No. 128 of 1 May 2008; and if he will make a statement on the matter. [20582/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The school in question is the Convent of Mercy National School, Borris-in-Ossory, Co Laois. The further progression of the project will be considered on an ongoing basis in the context of my Department’s multi-annual School Building and Modernisation programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Pupil-Teacher Ratio. 346. Deputy Alan Shatter asked the Minister for Education and Science if his attention has been drawn to the fact that, as a consequence of the Government failing to implement promises made on the pupil-teacher ratio, a school (details supplied) in Dublin 16 will lose a teacher for the academic year commencing in 2008 and instead of a reduction of the pupil-teacher ratio this will mean an increase in the ratio; and if he will take appropriate action to enable the school to retain its current pupil-teacher ratio. [20602/08]

633 Questions— 27 May 2008. Written Answers

[Deputy Batt O’Keeffe.]

Data submitted to my Department by the Board of Management of the school referred to by the Deputy, indicates that the enrolment in the school on 30th September 2006 was 702 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on my Department’s website at www.education.ie, the mainstream staffing in the school for the 2007/08 school year is a Principal and 26 mainstream class teachers. According to data submitted by the Board of Management of the school, the enrolment in the school on 30th September 2007 was 673 pupils. In accordance with the staffing schedule (Circular 0010/2008), which is also available on my Department’s website at www.education.ie and a hard copy of which has been issued to all primary schools, the mainstream staffing in the school for the 2008/09 school year will be a Principal and 25 mainstream class teachers. Within the terms of the staffing arrangements for primary schools there is provision for additional posts, referred to as developing school posts, to be assigned to schools on the basis of projected enrolments for the next school year. Under these arrangements, a developing school post may be sanctioned provisionally where the projected enrolment at 30th September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30th September, sanction for the post is withdrawn. It is open to the Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application dates for appeal are contained in the staffing schedule. The criteria are also available in Circular 0024/2007 (Appeal Board for Mainstream Staffing in Primary Schools) which is available on my Depart- ment’s website. The first meeting of the Appeal Board took place on the 20 May 2008. Further meetings will be held in June and October 2008. The closing dates for receipt of appeals are 20 June and 10 October respectively. Appeals must be submitted to Primary Payments Section, Department of Education and Science, Athlone, on the standard application form, clearly stating the cri- terion under which the appeal is being made. The standard application form is available from Primary Payments Section or on my Department’s website. The Appeal Board operates independently of the Department and its decision is final.

347. Deputy Alan Shatter asked the Minister for Education and Science if his attention has been drawn to the fact that as a consequence of the Government failing to implement promises made on the pupil-teacher ratio a school (details supplied) in Dublin 18, will lose a teacher for the academic year commencing in 2008 and instead of a reduction of the pupil teacher ratio this will mean an increase in the ratio; and if he will take appropriate action to enable the school to retain its current pupil-teacher ratio. [20603/08]

634 Questions— 27 May 2008. Written Answers

According to data submitted by the Board of Management the enrolment in the school on 30th September 2007 was 690 pupils. In accordance with the staffing schedule (Circular 0010/2008), which is also available on my Department’s website at www.education.ie and a hard copy of which has been issued to all primary schools, the mainstream staffing in the school for the 2008/09 school year will be a Principal and 25 mainstream class teachers. Within the terms of the staffing arrangements for primary schools there is provision for additional posts, referred to as developing school posts, to be assigned to schools on the basis of projected enrolments for the next school year. Under these arrangements, a developing school post may be sanctioned provisionally where the projected enrolment at 30th September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30th September, sanction for the post is withdrawn. It is open to the Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application dates for appeal are contained in the staffing schedule. The criteria are also available in Circular 0024/2007 (Appeal Board for Mainstream Staffing in Primary Schools) which is available on my Depart- ment’s website. The first meeting of the Appeal Board took place on the 20 May 2008. Further meetings will be held in June and October 2008. The closing dates for receipt of appeals are 20 June and 10 October respectively. Appeals must be submitted to Primary Payments Section, Department of Education and Science, Athlone, on the standard application form, clearly stating the cri- terion under which the appeal is being made. The standard application form is available from Primary Payments Section or on my Department’s website. The Appeal Board operates independently of the Department and its decision is final.

348. Deputy Alan Shatter asked the Minister for Education and Science if his attention has been drawn to the fact that as a consequence of the Government failing to implement promises made on the pupil-teacher ratio a school (details supplied) in Dublin 18, will lose a teacher for the academic year commencing in 2008 and instead of a reduction of the pupil-teacher ratio this will mean an increase in the ratio; and if he will take appropriate action to enable the school to retain its current pupil-teacher ratio. [20604/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30th September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year. Data submitted to my Department by the Board of Management of the school referred to by the Deputy, indicates that the enrolment in the school on 30th September 2006 was 624 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on my Department’s website at www.education.ie, the mainstream staffing in the school for the 2007/08 school year is a Principal and 23 mainstream class teachers. According to data submitted by the Board of Management the enrolment in the school on 30th September 2007 was 576 pupils. In accordance with the staffing schedule (Circular 0010/2008), which is also available on my Department’s website at www.education.ie and a hard copy of which has been issued to all primary schools, the mainstream staffing in the school for the 2008/09 school year will be a Principal and 21 mainstream class teachers. Within the terms of the staffing arrangements for primary schools there is provision for additional posts, referred to as developing school posts, to be assigned to schools on the basis

635 Questions— 27 May 2008. Written Answers

[Deputy Batt O’Keeffe.] of projected enrolments for the next school year. Under these arrangements, a developing school post may be sanctioned provisionally where the projected enrolment at 30th September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30th September, sanction for the post is withdrawn. It is open to the Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application dates for appeal are contained in the staffing schedule. The criteria are also available in Circular 0024/2007 (Appeal Board for Mainstream Staffing in Primary Schools) which is available on my Depart- ment’s website. The first meeting of the Appeal Board took place on the 20 May 2008. Further meetings will be held in June and October 2008. The closing dates for receipt of appeals are 20 June and 10 October respectively. Appeals must be submitted to Primary Payments Section, Department of Education and Science, Athlone, on the standard application form, clearly stating the cri- terion under which the appeal is being made. The standard application form is available from Primary Payments Section or on my Department’s website. The Appeal Board operates independently of the Department and its decision is final.

Special Educational Needs. 349. Deputy David Stanton asked the Minister for Education and Science further to Parliamentary Question No. 343 of 8 April 2008, the provisions in place to ensure that teachers who provide home tuition under the home tuition scheme are paid; and if he will make a statement on the matter. [20610/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy is aware that the home tuition scheme provides a grant to parents to facilitate the provision of education at home for children who, for a number of reasons such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for children awaiting an educational placement and provide early education intervention for pre-school children with autism. Parents engage a teacher directly and the grant is paid directly to the parent on a quarterly basis in arrears. However, where the teacher is a serving primary teacher and already being paid through the teachers’ payroll, my Department, if so advised by the parent, may process the payment directly through the teachers’ payroll system.

Schools Building Projects. 350. Deputy Joe Carey asked the Minister for Education and Science if he will confirm that his preferred option is for the development of a new school on a green field site in replacement of a school (details supplied) in County Clare; and if he will make a statement on the matter. [20613/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The school referred to by the Deputy initially applied for an extension and refurbishment project. This application was assessed and was assigned a band two rating under the band rating system operated by my Department. The long-term projected enrolment for the school was originally assessed at 500 and a schedule of accommodation was drawn up and agreed on this basis. However, the current enrolment is 441. This figure represents a 5% decline on the enrolment of 466 in 2003. In light

636 Questions— 27 May 2008. Written Answers of the trend in enrolments in the school in past five years, the application is being reassessed to review the optimum solution to the school’s needs. I am aware that the trustees of the school have entered into negotiations with a local landowner regarding the possible purchase of a site for use by the school. The school has been in contact with my Department seeking a written commitment that its preferred option for the school is a new second level school on a greenfield site. However, as the Deputy will understand, it would not be prudent for my Department to give any such open-ended commitment which would, in effect, limit the Department’s scope for manoeuvre in the future regarding the optimum solution for secondary school services in east Clare. My Department will continue to assess the needs of St. Joseph’s and the east Clare region generally and progress on any building projects will be considered in the context of the resources available under the multi-annual building programme. The final decision on the most appropriate solution to the accommodation needs of the area will include consideration of the possibility of building a new school on any suitable sites that are available in the area. However, this option will only be implemented if it results in the optimum solution for the school and the area and provides value for money for the taxpayer.

Schools Amalgamation. 351. Deputy Charles Flanagan asked the Minister for Education and Science the status of the proposed amalgamation of secondary schools in New Ross town, County Wexford; and if he will make a statement on the matter. [20622/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Discussions are ongoing in relation to the amalgamation of post-primary schools in New Ross. When the outcome of these discussions is known, the Department will be in a position to take decisions relating to capital investment in the area for the future.

Schools Building Projects. 352. Deputy Pat Breen asked the Minister for Education and Science the primary and secondary schools for extensions to existing facilities in County Clare; and if he will make a statement on the matter. [20634/08]

353. Deputy Pat Breen asked the Minister for Education and Science the annual cost associated with the rental of prefabs for both primary and secondary schools in County Clare; and if he will make a statement on the matter. [20635/08]

354. Deputy Pat Breen asked the Minister for Education and Science the number of schools both primary and secondary using prefabs as classrooms in County Clare; the age of these prefabs; and if he will make a statement on the matter. [20636/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 352 to 354, inclusive, together. Some 36 primary and 6 post-primary schools in Co. Clare have applied to my Department for capital funding for major building projects. The priority rating of each major project is established in accordance with the Criteria for Prioritising Capital Projects which allocates each project to an appropriate priority band rating on the basis of objective criteria. Following a review of the criteria, undertaken in 2004 in consultation with the Education Partners, amended criteria were applied to all projects from 2005 onwards. Progress on all major projects will be

637 Questions— 27 May 2008. Written Answers

[Deputy Batt O’Keeffe.] considered in the context of my Department’s multi-annual School Building and Modernis- ation programme. My Department is currently working on compiling a database which will provide the type of information the Deputy has requested with regard to the rental of prefabricated accommodation. Work on this database is underway as part of a general review of rental policy being undertaken. Information will be collated on approximately 900 schools which have received approval from the Department to rent temporary accommodation, including but not limited to prefabs. This will be used to produce a database of information which will be maintained on an ongoing basis and will inform my Department’s future decision-making in this area. This work is well advanced and I anticipate it will be completed shortly.

School Enrolments. 355. Deputy Sea´nO´ Fearghaı´l asked the Minister for Education and Science if, due to the greatly increased number of enrolments in a school (details supplied), he will allocate additional teaching resources to the school; and if he will make a statement on the matter. [20649/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year. Within the terms of the staffing arrangements for primary schools there is provision for additional posts, referred to as developing school posts, to be assigned to schools on the basis of projected enrolments for the next school year. Under these arrangements, a developing school post may be sanctioned provisionally where the projected enrolment at 30 September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30 September, sanction for the post is withdrawn. The mainstream staffing of the school referred to by the Deputy for the current school year is a Principal and 2 mainstream class teaching posts. This is based on an enrolment of 72 pupils at 30 September 2006. The school also secured an additional mainstream class teacher for the 2007-08 school year under developing school criteria resulting in staffing of Principal and 3 mainstream class teachers. According to data submitted to my Department by the Board of Management of the school, the enrolment in the school on 30 September 2007 was 98 pupils. In accordance with the staffing schedule (Circular 0010/2008), which is available on my Department’s website, www.education.ie, and a hard copy of which has been issued to all primary schools, the mainstream staffing in the school for the 2008-09 school year will be a Principal and 4 mainstream class teachers. The Board of Management of the school is therefore entitled to appoint one additional mainstream class teacher for the 2008-09 school year. The Board of Management submitted an application for an additional post under developing school criteria for the school year 2008-09. The application did not meet all of the criteria required under this arrangement and the Board of Management was notified accordingly. It is open to the Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application dates for appeal are contained in the staffing schedule. The criteria are also available in Circular 0024/2007 (Appeal Board for Mainstream Staffing in Primary Schools) which is available on my Department’s website. The first meeting of the Appeal Board took place on 20 May 2008. Further meetings will be held in June and October 2008. The closing dates for receipt of appeals are 20 June and 10

638 Questions— 27 May 2008. Written Answers

October respectively. Appeals must be submitted to Primary Payments Section, Department of Education and Science, Athlone, on the standard application form, clearly stating the cri- terion under which the appeal is being made. The standard application form is available from the Primary Payments Section or on my Department’s website. The Appeal Board operates independently of the Department and its decision is final.

Departmental Staff. 356. Deputy Leo Varadkar asked the Minister for Education and Science the number of civil servants within his Department at the grade of assistant principal or higher; the number of whom were recruited to those roles from outside of the Civil Service; and if he will make a statement on the matter. [20673/08]

Minister for Education and Science (Deputy Batt O’Keeffe): There are 133 civil servants in my Department at the grade of Assistant Principal or higher. Of these, one officer has been recruited from outside the Civil Service. Towards 2016 commits Departments and Trade Unions to agreement on the increased use of Open Recruitment to the Civil Service. In any year the Civil Service may recruit from Open Competition to fill 2 in 9 of all vacancies at Principal Officer and equivalent level with effect from May 2007, 1 in 5 of all vacancies at Assistant Principal Officer and equivalent level with effect from September 2007 and 1 in 6 of all vacancies at Higher Executive Officer and equivalent level with effect from October 2007. The Deputy should note that existing civil servants can apply for open recruitment competitions run by the Public Appointments Service and that a number of civil servants have been successful in these competitions.

School Management. 357. Deputy Finian McGrath asked the Minister for Education and Science if he will clarify a matter (details supplied). [20701/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Under the provisions of the Education Act, 1998, the board of management is the body charged with the direct governance of a school. In general, the Board has the responsibility to ensure that the school operates efficiently and effectively and also has responsibilities in relation to the actions of its employees. With regard to guidelines on discipline in schools, Section 23 of the Education Welfare Act 2000 requires all schools to have in place a Code of Behaviour. The school Principal is required, before registering a child in the school, to provide the child’s parents with a copy of the Code of Behaviour and may, as a condition of registering the child, require his or her parents to confirm in writing that the Code is acceptable to them and that they will make all reasonable efforts to ensure that the child will comply with the code. Guidelines for drawing up codes of Behaviour are currently being distributed to all schools by the National Education Welfare Board (NEWB). The guidelines are also available on the National Education Welfare Board website, www.newb.ie.

Schools Building Projects. 358. Deputy Brian Hayes asked the Minister for Education and Science the number of projects within band 1, band 2, band 3 and band 4 in relation to the school building projects programme; and if he will make a statement on the matter. [20717/08]

Minister for Education and Science (Deputy Batt O’Keeffe): There are 330 schools building projects categorised as being in band 1, 800 categorised as being in band 2, 244 categorised as being in band 3 and 54 categorised as being in band 4. Band 1 projects address the needs of

639 Questions— 27 May 2008. Written Answers

[Deputy Batt O’Keeffe.] schools in rapidly developing areas, the provision of specialist accommodation for special needs pupils, schools with structural issues and rationalisation projects. Band 2 projects address the needs of schools that have a deficit of mainstream accommodation and/or require refurbishment. Band 3 projects address the needs of schools that have no deficit of mainstream accommodation but that have a deficit of ancillary accommodation. Band 4 projects address the needs of schools that have desirable but not urgent needs. When it is necessary to select projects from within the same band, as a general principle, projects will be selected on the basis of enrolment stability; projects that have been the longest period in the planning process and the most cost effective solution. In this regard, it should be noted that a project’s banding, or classification, can be subject to reassessment having regard to demographic developments in the area served by the school and also, for example, if on foot of a technical examination of the school it was found that the proposed project put forward by the school was not an appropriate design solution to meet the accommodation requirements.

School Staffing. 359. Deputy Brian Hayes asked the Minister for Education and Science if the criteria in terms of obtaining additional support from the visiting teacher service scheme, operated by his Department, has been changed recently; the nature of that change; and if he will make a statement on the matter. [20718/08]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department operates two visiting teacher services, one for Travellers and the other for children and young people with hearing or visual impairment. In neither service has there been a change in the relevant system of referral to visiting teachers or any change to the appropriate criteria under which service is provided. In the case of the visiting teacher service for Travellers, very close relationships with families, schools and statutory and voluntary agencies ensure that the education of Traveller children from new and existing families in an area is constantly monitored and supported. In the case of the visiting teacher service for the hearing and visually Impaired, referrals from the relevant professional and voluntary sources and from families themselves are processed as heretofore and criteria based on professionally assessed needs continue to apply.

School Accommodation. 360. Deputy Sea´n Barrett asked the Minister for Education and Science his proposals to reduce and eventually eliminate the heavy reliance, particularly by primary schools, on prefabricated rooms for temporary classroom accommodation and other purposes; his views on the suitability or otherwise of prefabs in inclement weather conditions for these purposes; and if he will make a statement on the matter. [20726/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Demand for additional accommodation in schools has risen significantly over the last number of years, with the appointment of 6,000 extra teachers in the primary sector alone since 2002. In considering the need to provide extra resource and other teachers to schools in recent years, my Department has prioritised putting the extra teachers into schools as soon as possible. This in many cases meant that the quickest way of providing accommodation was through prefabricated units. Where it was possible to provide permanent accommodation, this was done by using the Permanent Accom- modation Scheme, for example. While the ideal solution is to provide permanent accommodation, where this is not possible, modern prefabricated units conform to health and safety regulations and are suitable for use as school accommodation in Ireland. Against this background, my Department has nonetheless managed to keep expenditure on temporary accom-

640 Questions— 27 May 2008. Written Answers modation low. When the rental and purchase of temporary accommodation is taken together, it still only comes to 6.2% of overall investment in school buildings last year.

Schools Refurbishment. 361. Deputy Joe Costello asked the Minister for Education and Science if he will respond to correspondence from schools (details supplied) in Dublin 7; and if he will make a statement on the matter. [20728/08]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department received an application for funding under the emergency works scheme from the schools in question. A decision on the application will be made as soon as possible and the schools will be advised of the outcome.

Grant Payments. 362. Deputy Arthur Morgan asked the Minister for Education and Science if a committee was set up to monitor the provision and spending of ancillary grants in schools; if such a committee has made a report on its findings; and if not, when it will do so. [20753/08]

Minister for Education and Science (Deputy Batt O’Keeffe): In the context of discussions on the Social Partnership Agreement, Towards 2016, an Informal Forum was established in the public sector to explore a number of staffing-related issues arising in companies and bodies operating in the voluntary and community sector that are largely funded from public funds. As part of that informal process, my Department has facilitated a number of meetings between the managerial bodies of schools employing secretaries and caretakers and the IMPACT and SIPTU trade unions representing the grades concerned. The most recent meeting took place on 11 March 2008 at which my officials undertook to continue to facilitate those discussions. In addition, representatives of the management bodies of schools agreed to meet separately with the trade unions concerned on issues of concern to their members. My Department has no plans to establish a committee to specifically monitor the provision and spending of ancillary grants in schools.

Schools Building Projects. 363. Deputy Pat Rabbitte asked the Minister for Education and Science the position regarding the new buildings sanction for a college (details supplied) in Dublin 24; when work will commence; when it is expected that the works concerned will be completed; and if he will make a statement on the matter. [20759/08]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department’s current Public Private Partnership Programme was announced in September 2005. This Programme provided for the procurement of 17 projects in 9 third level institutions. These 17 projects had been identified as priorities in the Kelly report. Following an examination of the individual projects the bundling arrangements for the third level PPP projects were announced in January 2008. Pre-procurement on the first bundle has already commenced and it is envisaged that this bundle will be handed over to the NDFA for procurement later this year. The bundle referred to by the Deputy is one of two colleges that make up the second bundle of the Department’s current Public Private Partnership Programme. It is intended that work on the pre-procurement of the second bundle will also commence this year.

Schools Refurbishment. 364. Deputy Dinny McGinley asked the Minister for Education and Science the position

641 Questions— 27 May 2008. Written Answers

[Deputy Dinny McGinley.] regarding the extension and refurbishment of a school (details supplied) in County Donegal. [20765/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The project 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 will be considered on an ongoing basis in the context of my Department’s multi- annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

School Staffing. 365. Deputy John Perry asked the Minister for Education and Science if he will ensure that a decision to cut the teacher numbers by one at a national school (details supplied) in County Sligo is deferred; if he will ensure that the current teacher numbers are maintained at the school in view of the fact that with 233 pupils enrolled for September 2008 and the school will be entitled to re-appoint a teacher in September 2009; and if he will make a statement on the matter. [20803/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. The actual number of mainstream posts sanctioned is determined by reference to a staffing schedule which is issued to all primary schools each year. Data submitted to my Department by the Board of Management of the school referred to by the Deputy indicates that the enrolment in the school on 30 September 2006 was 233 pupils. In accordance with the staffing schedule (Circular 0020/2007), which is available on my Department’s website, www.education.ie, the mainstream staffing in the school for the 2007-08 school year is a Princi- pal and 9 mainstream class teachers. According to data submitted by the Board of Management of the school, the enrolment in the school on 30 September 2007 was 229 pupils. In accordance with the staffing schedule (Circular 0010/2008), which is also available on my Department’s website, www.education.ie, and a hard copy of which has been issued to all primary schools, the mainstream staffing in the school for the 2008-09 school year will be a Principal and 8 mainstream class teachers. Within the terms of the staffing arrangements for primary schools there is provision for additional posts, referred to as developing school posts, to be assigned to schools on the basis of projected enrolments for the next school year. Under these arrangements, a developing school post may be sanctioned provisionally where the projected enrolment at 30 September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30 September, sanction for the post is withdrawn. It is open to the Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria and application dates for appeal are contained in the staffing schedule. They are also available in Circular 0024/2007 (Appeal Board for Mainstream Staffing in Primary Schools) on my Department’s website. The school referred to by the Deputy lodged an appeal with the Primary Staffing Appeal Board. The appeal was heard at the Appeal Board meeting on 20 May 2008 and was unsuccessful. The Board of Management of the school was notified in writing of the decision of the Appeal Board on 22 May 2008. The Appeal Board operates independently of the Department and its decision is final.

642 Questions— 27 May 2008. Written Answers

Occupational Health and Safety. 366. Deputy Brian Hayes asked the Minister for Education and Science the stage his Depart- ment is at in implementing the remainder of the recommendations of the Health and Safety Authority’s Committee on Occupational Health and Safety in Schools (1995); the number of schools here that are fully compliant with the Safety, Health and Welfare at Work Act 2005; and if he will make a statement on the matter. [20805/08]

Minister for Education and Science (Deputy Batt O’Keeffe): In general, individual school authorities are responsible, in the first instance, under Safety, Health and Welfare at Work legislation for ensuring the safety and welfare of children and others in their care. It is the responsibility of individual school management authorities to have a safety statement in place in their schools. The Statement should identify potential hazards, assess the risks to health and safety and put appropriate provision in place to safeguard the safety and health of employees and pupils. The Safety Statement should be reviewed on a regular basis. In practical terms, individual school authorities are best placed to assess the detail of their own health and safety requirements. My Department is working with the Health and Safety Authority and the State Claims Agency to develop a health and safety management system to support post-primary schools in meeting their obligations under the Safety, Health and Welfare at Work Act 2005. This work forms part of a wider initiative to reduce the administrative burden on post-primary schools by supporting them in preparing policies to meet a range of legislative and regulatory requirements. Eight such policies have been published to date. They are available on the Department’s website, www.education.gov.ie. The Department takes great care to ensure that all health and safety requirements are incorporated into new school buildings and extensions. The Depart- ment ensures that its technical guidance documentation takes cognisance of all health and safety legislation to inform Design Teams of their obligations in this area when designing building projects. Provision is built into the School Building and Modernisation Programme to enable schools to address urgent health and safety problems. Over \27 million was paid out to primary schools throughout the country in 2007 under the Minor Works Grant to enable thousands of small scale works to be completed without the need to interact with my Department. Individual primary schools received a grant in the sum of \5,500 plus \18.50 per pupil. The Summer Works Scheme, which was introduced in 2004, provides capital grants for small scale refurbishment works at primary and post-primary schools. Responsibility for the delivery of the projects is entirely devolved out to the schools and their design teams. The scope of works covered under this scheme is intended to address Health and Safety issues in all schools as well as improvement works to the existing fabric of the buildings. Since 2004, over 3,000 projects costing in excess of \300 million have been completed. With so many smaller projects having been completed over the past few years, my Department is focusing on delivering as many large projects as possible in 2008. Accordingly, there is no Summer Works Scheme for 2008. However, it is intended to have a Summer Works Scheme in 2009.

Schools Refurbishment. 367. Deputy Joan Burton asked the Minister for Education and Science if his attention has been drawn to the fact that a school (details supplied) in Dublin 15 was originally built with a 25 year lifespan some 35 years ago; if his further attention has been drawn to the poor condition of the science laboratories in the school; if he will provide funds to refurbish the school’s science laboratories; the position regarding the plans to provide a new or comprehensively refurbished school building for the school; and if he will make a statement on the matter. [20899/08]

643 Questions— 27 May 2008. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): The school referred to by the Deputy has an application with the Department for major capital grant aid. The application has been assessed in accordance with the published prioritisation criteria for large scale building works. Progress on the project will be considered in the context of my Department’s multi- annual School Building and Modernisation programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time. Since 2004 the school has received significant funding under the Summer Works Scheme and the Emergency Works Scheme for refurbishment works on areas such as roofs, drainage, windows and toilets. The school was also awarded a grant of \340,000 under the Permanent Accommodation Scheme for the provision of permanent classrooms.

Summer Works Scheme. 368. Deputy Joan Burton asked the Minister for Education and Science if he will reinstate the summer works scheme for 2008 and subsequent years; and if he will make a statement on the matter. [20900/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Since the Summer Works Scheme was introduced in 2004, over 3,000 projects costing in excess of \300 million have been completed. With so many smaller projects having been completed over the past few years, my Department is focusing on delivering as many large projects as possible in 2008. Accordingly, there is no Summer Works Scheme for 2008. However, it is intended to have a Summer Works Scheme in 2009.

Early School Leavers. 369. Deputy John O’Mahony asked the Minister for Education and Science the number of young people leaving school without a qualification; the breakdown for each of the 26 counties; and if he will make a statement on the matter. [20901/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The Department’s report on school retention, which was published on 31 March 2008, is based on a detailed analysis of the records held in the Post-Primary Pupils Database for the cohort of entrants to the first year of the junior cycle in 1999. The report is available on the Department’s website, www.education.ie/servlet/blobservlet/pp—retention—1999—report.pdf. It must be noted that the figures refer to retention in State-aided second level schools only and do not include students progressing to further training and education at Junior or Leaving Certificate level, such as Youthreach courses, FA´ S schemes, apprenticeship training as well as students in private, non- aided colleges at second level. The report shows that the national retention rate to completion of the Junior Certificate examination is 94.6%. The retention rate to completion of the Junior Certificate examination by county is given in table 5 of the report. The Government is determined to do all that is possible to ensure that every child gets all the opportunities and support they need to enable them to achieve their full potential and participate fully in education. Steps designed to improve school attendance include the establishment of the National Edu- cational Welfare Board in 2002, under the Education (Welfare) Act 2000, with a remit to monitor school attendance, help parents to get a school place for their child and run pro- motional campaigns on the importance of attendance and finishing school. The Act provides a comprehensive framework promoting regular school attendance and tackling the problems of absenteeism and early school leaving. Under the terms of the Education (Welfare) Act, 2000, one of the functions of the Board is to conduct and commission research into the reasons for

644 Questions— 27 May 2008. Written Answers non-attendance on the part of students and into the strategies and programmes designed to prevent it. The Board has finalised the development of Guidelines for schools on developing Codes of Behaviour and work is commencing on the development of Guidelines on Attendance Strategies for Schools. Enhancing attendance, progression, retention and attainment are central to DEIS (Delivering Equality of Opportunity in Schools) the action plan for educational inclusion, which is being implemented at present in 873 schools comprising 670 primary schools (338 urban/town schools and 332 rural schools) and 203 second-level schools. A key objective of this action plan is to enhance integration and partnership working, both within the education sector itself and between all other relevant Government departments, agencies, organisations and groups. Under DEIS, my Department, through the network of ten regional offices is enhancing its capacity to work in partnership with locally based agencies and individuals promoting social inclusion measures. Measures under DEIS range from pre-school interventions, supports for tackling children’s literacy problems, reduced pupil teacher ratios, increased capitation grants, measures to tackle attendance and early school leaving and strengthen ties between the school, the family and the community. A key component of my Department’s strategy to discriminate positively in favour of children and young people who are at risk of early school leaving is the School Completion Programme. This programme was implemented to directly target those in danger of dropping out of the education system and in line with current thinking favours an integrated cross- community and cross-sectoral approach based on the development of local strategies to ensure maximum participation levels in the education process. It entails targeting individual young people aged between four and 18, both in and out of school, and arranging supports to address inequalities in education access, participation and outcomes. In addition the Home School Community Liaison Scheme works to involve parents in their children’s education which is a crucial component in convincing young people of the value of education. In 2006 the National Behaviour Support Service was established. A National Co-ordinator and five Assistant National Co-ordinators have been appointed. In addition, ten Regional Development Officers and 14 part-time Associates were recruited to ensure the success of this significant initiative. A Research Officer has been appointed and will carry out research of current Irish and international literature and test against reality situations in Irish schools. This should provide an invaluable benchmark of the level of disruption in schools and the effectiveness of intervention by the NBSS. A full-time administrator is based in Navan Education Centre. Since its appointment, the team has been working on a number of key issues, including the development of a Draft National Framework for Behaviour Improvement, the development of models of good practice for systems in schools which assist with and impact on classroom and whole school behaviour, ongoing training for the NBSS team and research into and communication with behaviour support systems in other jurisdictions. The NBSS is working with 50 selected schools throughout the country. Behaviour Support Classrooms have been established and staffed in 30 of these 50 schools. These classrooms provide an individualised intensive intervention programme for a targeted group of students. The Behaviour Support Classrooms are staffed by at least one qualified whole-time teacher. The Board of Management of the schools concerned have flexibility in respect of the employment of another whole-time teacher equivalent and may employ people with different expertise to cater for the needs of the students involved. I emphasise that these classrooms cannot be, in themselves, a solution to the issue of poor student behaviour. They must be one part of a holistic response which should see a school,

645 Questions— 27 May 2008. Written Answers

[Deputy Batt O’Keeffe.] actively supported by the Behaviour Support Team, defining for itself a pathway to improvement. The NBSS also proposes to produce a training CD/DVD on all aspects of challenging behaviour, within the Irish context. It is envisaged that this would be available to all schools. A key feature of the composition of the National Behaviour Support Service is the assignment to it of a team of four psychologists. They have been seconded from the National Educational Psychological Service and their presence will ensure that the team operates in a multi- disciplinary way. These measures are a clear indication of this Government’s commitment to prioritise investment in favour of those most at risk of poor attainment or of leaving school early.

School Staffing. 370. Deputy John O’Mahony asked the Minister for Education and Science the number of teachers at secondary level who have retired from full-time positions in 2006 and 2007; and if he will make a statement on the matter. [20902/08]

Minister for Education and Science (Deputy Batt O’Keeffe): A total of 521 teachers were awarded pension on retirement from secondary, community and comprehensive schools in 2006. The corresponding number of retirement awards in 2007 was 651. The overwhelming majority of these were wholetime teachers. My Department will write to the Deputy as soon as possible with the exact numbers of those retiring from wholetime positions.

Schools Building Projects. 371. Deputy Terence Flanagan asked the Minister for Education and Science if he will respond to a query (details supplied); and if he will make a statement on the matter. [20904/08]

School Staffing. 372. Deputy John O’Mahony asked the Minister for Education and Science the number of full-time appointments that have been made in the secondary level in 2006 and 2007; and if he will make a statement on the matter. [20918/08]

The number of permanent teaching posts available in individual schools at any one time is determined in accordance with the agreed criteria relating to the application of the pupil- teacher ratio. It is a matter for the individual school authority, as the employer, to determine whether any particular post when vacated may be filled on a permanent basis. • In the 2005-06 school year, there were 26,089 wholetime teacher equivalent positions. • In the 2006-07 school year, there were 26,377 wholetime teacher equivalent positions. • In the 2007-08 school year, there were 26,758 wholetime teacher equivalent positions.

Higher Education Grants. 373. Deputy Brian Hayes asked the Minister for Education and Science if his Department

646 Questions— 27 May 2008. Written Answers recognises a university in the UK as an institution covered in the payment of maintenance grants; if the application of a person (details supplied) in Dublin 24 will be expedited; and if he will make a statement on the matter. [20930/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The decision on eligibility for third level grants is a matter for the relevant assessing authority — the Local Authority or VEC. If an individual applicant considers that she or he has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, she or he may appeal, in the first instance, to the relevant local authority or VEC. If an individual applicant has had an appeal turned down, in writing, by the relevant local authority or VEC, and remains of the view that the body has not interpreted the schemes correctly in his or her case, an appeal form outlining the position may be submitted by the applicant to my Department. The Department has received no appeal from the candidate referred to by the Deputy.

Schools Building Projects. 374. Deputy Ro´ isı´n Shortall asked the Minister for Education and Science when he will be making a capital allocation for the building programme of a school (details supplied) in Dublin 11; when the school authorities including the board of management and principal will be informed; and the length of time the construction period will last. [20986/08]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department funded a major building project for the school referred to by the Deputy and its adjacent boy’s school in 2005 at a cost in excess of \2.5 million. The school in question shares the same site as the boy’s school and the building project was to provide additional classroom and ancillary accommodation as well as refurbishment of some existing accommodation. My Department does not have a record of a further application for a major building project from this school.

375. Deputy Michael Kennedy asked the Minister for Education and Science the position regarding the proposed building project at a school (details supplied) in County Dublin; the stage the project is at; the works carried out to date; and if he will make a statement on the matter. [20990/08]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, a Developing Areas Unit has been established in the Department of Education and Science to focus on the school accommodation needs of rapidly developing areas including Balbriggan. The particular emphasis in 2008 is on providing sufficient school places in developing areas including Balbriggan, while also showing the Government’s commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. The Department is making significant additional primary school places available in Balbriggan for September 2008 via delivery of new school buildings for three existing schools. I understand that due to site restrictions it would prove difficult to expand further the school to which the Deputy specifically refers. However, the Department approved the provision of one additional mainstream classroom for September 2007 to cater for additional enrolments. Greenfield provision for this school will be considered in the context of the additional provision being made in the area and the Department’s multi-annual School Building and Modernis- ation Programme.

School Transport. 376. Deputy Dan Neville asked the Minister for Education and Science further to Question No. 343 of 29 April 2008 if he received a report from the transport liaison officer for County

647 Questions— 27 May 2008. Written Answers

[Deputy Dan Neville.] Limerick on the background to this case; and if he will provide the report to this Deputy. [20992/08]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): An agreed transport provision is in place to cater for the pupil referred to by the Deputy in the details supplied in the current school year. The service may be reviewed over the summer months.

Bullying in Schools. 377. Deputy Noel J. Coonan asked the Minister for Education and Science the guidelines and procedures his Department has in place to deal with cyber bullying following a recent programme (details supplied) which highlighted the issue; if his Department has had many cases of cyber bullying reported to it over the past year; if all the cases were resolved; the cases of reported cyber bullying broken down on a county basis; and if he will make a statement on the matter. [20993/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I assure the Deputy that I am aware of the recent survey conducted by the Irish Independent in conjunction with RTE on the issue of “cyber bullying”, through the use of the internet and mobile phones. I share the Deputy’s concern that any child would feel upset in school because of bullying — be it physical, verbal or what is being termed “cyber bullying”. I assure him that supports are in place to enable schools to prevent bullying and to deal with cases that may arise. There is no requirement for schools to report incidents of bullying to my Department, nor do I believe that this should be the case. Accordingly, I am unable to provide the Deputy with details of cases of cyber bullying as requested. It is unreasonable to expect schools to have a sole responsibility for tackling it, as responsibility extends beyond the school and parents and young people themselves must take protective measures. It is at local level that an effective anti-bullying climate must be established. I am, however, anxious to support schools in tackling bullying and it is for that reason that a number supports have been put in place in recent years. Each school is required to have in place a policy which includes specific measures to deal with bullying behaviour, within the framework of an overall school Code of Behaviour and Discipline. Such a code, developed through consultation with the whole school community and properly implemented, can be the most influential measure in countering bullying behaviour in schools. My Department has issued guidelines as an aid to schools in devising measures to prevent and deal with instances of bullying behaviour and to increase awareness among school management authorities of their responsibilities in this regard. These guidelines were drawn up following consultation with representatives of school management, teachers and parents, and are sufficiently flexible to allow each school authority to adapt them to suit the particular needs of their school. In view of the increasing demands which have been placed on schools as a result of statutory obligations and the requirement for policies in a range of areas, my Department has been working to ensure greater availability of guidelines and template policies to assist schools. My Department has published policy templates for post-primary schools in five key areas, including anti-bullying on its website of as part of its ongoing efforts in this regard. The template documents are not prescriptive, but highlight possible approaches and potential material for inclusion in school policies. The anti-bullying policy template is based on the key document, Guidelines on Countering Bullying Behaviour. However, it takes account of more recent legislative and regulatory changes. Reference is also made to issues of contemporary concern such as the need to tackle text bullying, cyber-bullying and homophobic bullying.

648 Questions— 27 May 2008. Written Answers

The National Educational Welfare Board has developed further guidelines for schools on Codes of Behaviour, as provided for under section 23 of the Education (Welfare) Act 2000. These guidelines have been informed by broad consultation. The guidelines are being distributed to schools. It is envisaged that implementation will commence in the next school year. When schools have had an opportunity to familiarise themselves with the board’s guidelines, my Department will commence the process of revising and updating its own Guidelines on Countering Bullying Behaviour. This review will take into account issues such as legislative developments, the involvement of the support services available to schools, technological advancements such as use of the Internet, e-mail, mobile phones and camera phones and the latest developments in international best practice on dealing with bullying behaviour. My Department, through the National Centre for Technology in Education has also developed Policy Guidelines and Advisory Notes for schools and parents which deal with the issues of internet and mobile phone bullying. I draw the Deputy’s attention to the “Watch your Space” Internet safety campaign. This campaign, which was launched in February 2007, seeks to raise awareness and promote safe, responsible practice by young people when on-line. The key message of the campaign is “ be creative, be yourself, but be in control”. The campaign has a strong peer-to-peer perspective and centres on an interactive on-line service, www.watchyourspace.ie, which has been developed by the National Centre Technology in Education. The site offers practical tips and advice and supports teenagers who use the web. A key feature is the advice given from teenagers to teenagers on how to cope with the fall-out from abuses and misuse of social networking and picture-sharing websites. This new initiative perfectly compliments the other NCTE safety activities that are already up and running successfully such as Webwise, SAFT and the Once projects. The site offers invaluable help to those who may encounter cyber-bullying. It advises them not to respond to bullying messages, as this will only make things worse, to keep a record of the message so the problem can be dealt with properly, to block the sender and to talk to someone in authority about what has happened. The NCTE provides ongoing advice and support to all schools. It reminds them that they need to have an up-to-date Acceptable Usage Policy in operation to deal with use of the Internet. Schools cannot be connected to the schools broadband network until they confirm that they have an Acceptable Usage Policy in place. Within the school environment, access to social networking and computer based instant messaging services are blocked under current filtering arrangements, inherent in the Schools Broadband Network, to which 99% of schools have connected. The NCTE provides advice on tackling cyber bullying on www.ncte.ie and on www.webwise.ie. The NCTE works with the National Parents Councils on developing and promoting advice to parents. The key Irish website for providing advice and guidance to schools, pupils and parents is www.webwise.ie, which has materials and resources for teachers and parents to assist children to develop safe on-line skills and a sense of responsibility about what to write and post on websites. Working with the NPC (Primary) the NCTE has developed a seminar to advise parents on how to engage with their children’s on-line lives. Since September 2007, over 100 seminars have been delivered in schools around the country. The NCTE has 41 trainers throughout the country. Internet safety is addressed by the NCTE in a range of courses offered to teachers under the programme of continuing professional development. Over 10,000 places have been taken up by teachers on such courses. Working with the Social Personal and Health Education Support Service, the NCTE has created an Internet safety teaching and learning programme, “Be Safe, Be Webwise”. It is targeted at Junior Certificate SPHE classes and was rolled out in Spring 2008. Through the combined work of the Department, the NCTE and the NEWB, schools will have available to them extensive guidance to enable them fulfil their responsibilities in relation

649 Questions— 27 May 2008. Written Answers

[Deputy Batt O’Keeffe.] to this issue. Dealing with bullying has been incorporated in training for principals through the Leadership Development for Schools programme. I have stressed to the teacher unions the importance of not only having a written policy on bullying but also ensuring a climate in which it is not tolerated in any form and in which children know that if they make a teacher aware of bullying that it will be dealt with. The education of students in primary and post-primary schools in relation to anti-bullying behaviour is part of the SPHE curriculum. SPHE is a compulsory subject at primary level and in the junior cycle of post-primary schools.

Schools Building Projects. 378. Deputy Jack Wall asked the Minister for Education and Science, further to Questions Nos. 180 and 182 of 21 February 2008, the areas of County Kildare that have been classified by his Department as developing areas; if he is satisfied that he will have sufficient school places for these developing areas; if the emphasis on developing areas means that other projects in areas classified by his Department as non-developing will be put back in order to provide sufficient school places for areas classified as developing; and if he will make a statement on the matter. [21017/08]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, the Programme for Government commits my Department to establishing a Developing Areas Unit to identify where new schools are needed and to ensure that these schools are delivered in the fastest possible timeframe. The specific areas in Kildare being addressed by the Developing Areas Unit are Newbridge, Naas, Maynooth, Celbridge, Athy and Kill. The process of assessing the need for new or additional educational facilities at primary or post-primary level in any given area entails consideration of all relevant factors, including enrolment and demographic trends, housing developments and the capacity of existing schools to meet the demand for places. My Department is satisfied that the approach it is taking to the identification and delivery of extra school places in rapidly developing areas will help to ensure that places will be provided when and where they are needed. Delivery of all building projects, including those in non-developing areas will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme.

379. Deputy Jack Wall asked the Minister for Education and Science, further to Questions Nos. 180 and 182 of 21 February 2008, the date of the next announcement regarding his Depart- ment’s multi-annual school building and modernisation programme; and if he will make a statement on the matter. [21018/08]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, almost \600 million is being provided for school buildings this year to facilitate the completion of work on 67 large-scale primary schools projects that will deliver 7,000 additional permanent school places in new schools and 2,300 additional permanent school places in existing schools. It will also allow work to commence on 150 devolved projects under the Permanent Accom- modation Scheme, which will provide 8,000 additional places in existing primary schools. In the post-primary sector, construction work will be completed on 19 large-scale projects which will provide 2,400 permanent school places in 4 new schools and additional accommodation and refurbishment works in 15 schools that will benefit over 7,000 pupil attendees. The capital envelope also allows for the purchase of sites to facilitate the smooth delivery of the school building programme, particularly in rapidly developing areas, as well as allowing projects to progress through architectural planning and design stages. On 1 February last, my predecessor as Minister, Deputy Hanafin, announced a tranche of projects that will be proceeding to con-

650 Questions— 27 May 2008. Written Answers struction this year. I intend to follow this on with further updates on the School Building and Modernisation Programme as the budgetary position for 2008 allows.

380. Deputy Jack Wall asked the Minister for Education and Science the number of schools in County Kildare currently being considered as part of his Department’s multi-annual school building and modernisation programme; the stage that these schools are at; the location of these schools; and if he will make a statement on the matter. [21019/08]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy is aware, a large number of schools in the Kildare area have made applications for Major Capital Funding. All applications received from schools in the Kildare area are assessed in accordance with the published prioritisation criteria for large scale building projects. Delivery of all building projects will be considered in the context of my Department’s multi-annual School Building and Mod- ernisation Programme. The Programme for Government commits my Department to establishing a Developing Areas Unit to identify where new schools are needed and to ensure that these schools are delivered in the fastest possible timeframe. The particular emphasis in 2008 is on providing sufficient school places in developing areas, while also showing the Government’s commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. The specific areas in Kildare being addressed by my Developing Areas Unit are Newbridge, Naas, Maynooth, Celbridge, Athy and Kill. However, if the Deputy wishes to enquire about a particular school, my office will be happy to arrange for officials to provide the information.

381. Deputy Jack Wall asked the Minister for Education and Science further to Question No. 393 of 11 March 2008, the progress he has made in securing a patron for a primary school (details supplied) in County Kildare; if the patron has been identified; and if he will make a statement on the matter. [21020/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that the 8 classrooms in question will be an expansion of an existing school and will be under the patronage of the Catholic Archbishop.

Youth Services. 382. Deputy Fergus O’Dowd asked the Minister for Education and Science if he has responded to correspondence from an organisation (details supplied); and if he will make a statement on the matter. [21021/08]

Minister of State at the Department of Education and Science (Deputy Barry Andrews): My Department has received an application for funding in 2008 and related correspondence in respect of the centre in question. The process of determining my Department’s financial allocations to the Youth Work Sector for 2008 is still under way. I expect that this process will be completed shortly and the organisation in question will then be notified of the outcome.

School Transport. 383. Deputy Michael Creed asked the Minister for Education and Science if he will pursue a review of school catchment boundaries as they relate to school transport arrangements in view of the very considerable demographic changes in the country since the current arrangements were put in place; and if he will make a statement on the matter. [21037/08]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): The Programme for Government includes a commitment to review the school transport system

651 Questions— 27 May 2008. Written Answers

[Deputy Sea´n Haughey.] including catchment boundaries. The Department is currently finalising proposals for progressing this commitment..

Schools Building Projects. 384. Deputy Jack Wall asked the Minister for Education and Science the position of an application for a new secondary school (details supplied) in County Kildare; and if he will make a statement on the matter. [21050/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The project at the school referred to by the Deputy is at an advanced stage of architectural planning. The progression of all large scale building projects from initial design stage through to construction phase is considered on an ongoing basis in the context of my Department’s Multi-Annual School Build- ing and Modernisation Programme. The particular emphasis in 2008 is on providing sufficient school places in developing areas, while also showing the Government’s commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country.

385. Deputy Jack Wall asked the Minister for Education and Science the position on the application for a new primary school (details supplied) in County Kildare; and if he will make a statement on the matter. [21051/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The project at the school referred to by the Deputy is at an advanced stage (Stage 2b — Detailed Design and Bill of Quantities) of the architectural planning process. As part of the Programme for Government, a Developing Areas Unit was set up recently in my Department to focus on the school accommodation needs of rapidly developing areas, including Naas. The main emphasis in 2008 is on providing sufficient school places in these developing areas, as well as delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. In this context, the status of all schools in Naas is being assessed. The schools referred to by the Deputy will be included in this assessment. As is the case with all large capital projects on hand within the Unit, their progression will be considered in the context of the multi-annual School Building and Modernisation Programme.

386. Deputy Jack Wall asked the Minister for Education and Science the position of an application for a new primary school (details supplied) in County Kildare; and if he will make a statement on the matter. [21052/08]

387. Deputy Jack Wall asked the Minister for Education and Science the position on an application for a new school (details supplied) in County Kildare; and if he will make a statement on the matter. [21053/08]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 386 and 387 together. The projects to which the Deputy refers are at an advanced stage of architectural planning process. The progression of all large scale building projects, including these projects, from initial design stage through to construction will be considered on an ongoing basis in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the projects at this time.

652 Questions— 27 May 2008. Written Answers

388. Deputy Michael McGrath asked the Minister for Education and Science if the contract under which a design team has been appointed by his Department for a new school building project (details supplied) in County Cork provides an absolute deadline for the completion of the new building; and if he will make a statement on the matter. [21056/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The proposed project at the school to which the Deputy refers has had its design team appointed and the process of architectural planning has commenced. The progression of all large scale building projects from initial design stage through to tender and construction, including this project, will be considered on an ongoing basis in the context of my Department’s Multi-Annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the further progression of the project at this time.

School Staffing. 389. Deputy Catherine Byrne asked the Minister for Education and Science if a replacement music teacher will be appointed in a school (details supplied) in Dublin 10 for the new school term 2008-2009; and if he will make a statement on the matter. [21203/08]

Minister for Education and Science (Deputy Batt O’Keeffe): Teacher allocations to second level schools are approved annually by my Department in accordance with established rules based on recognised pupil enrolment. Each school management authority is required to organise its timetable and subject options having regard to pupils needs within the limit of its approved teacher allocation. The rules for allocating teaching resources provide that where a school management authority is unable to meet its curricular commitments within its approved allocation, my Department will consider applications for additional short-term support i.e. curricular concessions. An independent appeals mechanism is available to school authorities who wish to appeal the adequacy of their teacher allocation. The school in question did not submit an appeal to the independent appeals committee.

Special Educational Needs. 390. Deputy Denis Naughten asked the Minister for Education and Science the steps he is taking to meet the educational requirements of autistic children; the timetable for having all such requirements in place; the progress of the ABA pilot schemes which was established in centres to cater for approximately 240 children; and if he will make a statement on the matter. [21205/08]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware of the Government’s commitment to ensuring that all children with special educational needs, including those with autism, can have access to an education appropriate to their needs prefer- ably in school settings through the primary and post primary school network. This facilitates access to individualised education programmes, fully qualified professional teachers, special needs assistants and the appropriate school curriculum. The establishment of a network of autism-specific special classes in schools across the country to cater for children with autism has been a key educational priority in recent years. In excess of 315 classes have been approved around the country at primary and post-primary level, including many in special schools. Chil- dren in these classes benefit from having fully qualified teachers who have access to training in a range of autism-specific interventions, including Applied Behavioural Analysis, the Treat- ment and Education of Autistic and Related Communication Handicapped Children and the Picture Exchange Communication System. These students have the option, where appropriate, of full/partial integration and interaction with other pupils. Funding is also provided for assistive

653 Questions— 27 May 2008. Written Answers

[Deputy Batt O’Keeffe.] technology and specialist equipment as required and special school transport arrangements may also be put in place. My Department has put in place a training programme for teachers in autism-specific interventions including Applied Behavioural Analysis, the Treatment and Education of Autistic and Related Communication Handicapped Children and the Picture Exchange Communication System through the Special Education Support Service. A recent initiative has been the expansion of this service to enable it to recruit a behavioural specialist support team, led by a person with a PhD in ABA. My Department’s ABA pilot scheme was established in the absence of this network of special classes in our schools. Now that a national network of special classes catering specifically for children with autism is available in schools, new centres will not be brought into the pilot programme. Since July 2007, my officials have met on a regular basis with a representative group in relation to the commitment in the current programme for Government to long-term funding for the centres that are in the ABA pilot scheme subject to agreement with my Department on standards that will enable them to be supported as primary schools for children with autism. The discussions have been wide-ranging and have included curricular issues, funding and staffing. I am pleased to advise the Deputy that the discussions are progressing well. My Department is very anxious to finalise these discussions so that permanent arrangements can be put in place as soon as possible. It has been agreed not to disclose the details of the discussions while they are ongoing. The Deputy will therefore appreciate that I am not in a position to provide details of the discussions.

Schools Refurbishment. 391. Deputy Denis Naughten asked the Minister for Education and Science, further to Ques- tion No. 174 of 3 April 2008, and in view of the fact that the board of management has submitted an application for the funding of emergency works to address serious health and safety issues, if he will approve funding; and if he will make a statement on the matter. [21206/08]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department received an application for emergency funding from the school in question. This application is under consideration and a decision will be reached shortly. The school authorities will be notified of the outcome as soon as possible.

Departmental Staff. 392. Deputy Leo Varadkar asked the Minister for Defence the number of civil servants within his Department at the grade of assistant principal or higher; the number of whom were recruited to those roles from outside of the Civil Service; and if he will make a statement on the matter. [20672/08]

Minister for Defence (Deputy Willie O’Dea): The number of civil servants in my Department at the grade of Assistant Principal or higher is set out in the following table:

Grade No. of Full-Time Staff No. of Part Time Staff

Secretary General 1 0 Assistant Secretary 2 0 Head of Corporate Services 1 0 Principal Officers 9 4 Professional Accountant 1 0 Assistant Principal 38 0

654 Questions— 27 May 2008. Written Answers

The Professional Accountant and 1 Assistant Principal were recruited from outside the Civil Service. Recruitment to grades at Assistant Principal or higher is carried out in accordance with schemes approved by the Department of Finance and which apply across the Civil Service.

Missing Persons. 393. Deputy Joe Carey asked the Minister for Justice, Equality and Law Reform the protocols in place for the exiting of children both national and non-national at Shannon Airport, County Clare; if his attention has been drawn to any children, both national and non-national, who have gone missing; and if he will make a statement on the matter. [20614/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Members of An Garda Sıóchańa who have been appointed as Immigration Officers conduct immigration control duties at approved ports of entry in respect of persons entering the State in compliance with the relevant immigration legislation. Immigration controls are not routinely undertaken in respect of persons who are exiting the State. However, from time to time, in the course of particular initiatives or Garda investigations, the monitoring of the movement of people out of the State at approved ports is undertaken. When the Garda Sıóchańa becomes aware that a Court Order has directed that a minor is not to leave the jurisdiction or attaches restrictions to such movement, relevant information is circulated to personnel engaged in the immigration process at approved ports with a view to appropriate action being taken if a breach of such order is detected. Missing people, including minors and vulnerable adults, are reported at their local Garda Station, where investigations are conducted under the direction of the local Superintendent. The records kept on missing people do not indicate whether their subjects were, or were not, seeking asylum when they were reported missing. Missing people investigations do not differentiate between subjects who are or are not asylum seekers.

Residency Permits. 394. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform further to Question No. 190 of 15 May 2008 and Question No. 395 of 8 April 2008, when a decision will be made on an application for family reunification made in April 2006; and if he will make a statement on the matter. [20564/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The wife of the person referred to by the Deputy was admitted to the State in November 2004 as a programme refugee. The person in question is the subject of a Family Reunification application made by his wife in April 2006. This application will be considered by my Department and a decision will issue in due course.

395. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the status of the application for residency of a person (details supplied); and if he will make a statement on the matter. [20579/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned arrived in the State on 18 February 2001 with his father and was included under his application for asylum in the State. However, he was taken into the care of the Health Service Executive in 2003 and subsequently applied for asylum in his own right on 8 March 2006. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 9 November 2006, that the Minister proposed to make a deport-

655 Questions— 27 May 2008. Written Answers

[Deputy Dermot Ahern.] ation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations were received from the person concerned. The person concerned also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006), however this application was deemed invalid as it was not signed by the applicant. The legal representative of the person concerned was notified of this by letter dated 15 December 2006 and was instructed to submit a signed form containing the signature of the person concerned. The legal representative of the person concerned informed my Department by letter dated 20 November 2007 that the person concerned wished to withdraw his application for Subsidiary Protection. Representations have been submitted on behalf of the person concerned and will be fully considered, under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.

Garda Operations. 396. Deputy CaoimhghıńO´ Caolaín asked the Minister for Justice, Equality and Law Reform if members of the Garda Sıóchańa on street duty are authorised to confiscate the passports of non-Irish nationals; the circumstances under which this may be allowed; the procedures such members are required to follow including instructions that must be given to the passport holder as to where the passport will be held and the way to retrieve it; and if he will make a statement on the matter. [20586/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The reason a member of An Garda Sıóchańa seizes a passport varies depending on the circumstances under which the passport comes into their possession, e.g. on suspicion that a breach of the criminal law has been committed; for the purpose of deportation, etc. Section 12 of the Immigration Act 2004 places an obligation on non-nationals to produce to a member of An Garda Sıóchańa, on demand, a valid passport or other equivalent document, issued by or on behalf of an authority recognised by the Government, which establishes his or her identity and nationality. If a member of An Garda Sıóchańa suspects that a document produced to him or her in accordance with the provisions of the Immigration Act 2004 is potentially evidence of the commission of a criminal offence he or she may take possession of the document. If the document concerned is a passport, it is in fact the property of the authority which has issued it. If, on examination, a seized document is found to be genuine and is not stolen or otherwise considered to be of evidential value in the investigation of a criminal offence, it will be returned to the person to whom it was issued. Otherwise it will be retained as potential evidence in a criminal prosecution. If a non-national has made an application pursuant to the provisions of the Refugee Act, 1996, his or her passport will be forwarded to the Refugee Applications Commissioner who will retain it pending consideration of the application. If a member of An Garda Sıóchańa intends to engage in the removal of a non-national from the State pursuant to the provisions of section 5 of the Immigration Act 2003 or section 5 of the Immigration Act 1999, the surren- der of a passport or travel document in the possession of the non-national may be required. If a member of An Garda Sıóchańa takes possession of a passport or other travel document which he or she intends to retain, a receipt will issue to the person concerned which will identify the member of An Garda Sıóchańa taking possession of same. If a person from whom a pass-

656 Questions— 27 May 2008. Written Answers port is seized is removed from the State, the document concerned will be handed to the immigration authority in the jurisdiction to which the person is removed.

Visa Applications. 397. Deputy Tom Sheahan asked the Minister for Justice, Equality and Law Reform if he will extend the visa of a person (details supplied) in County Kerry for six months in order that they can go home to have medical treatment or alternatively provide them with a ticket home. [20612/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to the replies to Question No. 567 of 17 April 2008 and Question No. 526 of 20 May 2008. I have been informed by the Immigration Division of my Department that permission to remain is only granted for periods of time spent in the State and that if the person referred to in the Deputy’s Question wishes to leave the State for medical attention, he may do so. If he wishes to return at a future date he should apply to the nearest Irish Embassy for the appropriate visa to re-enter the State. My Department does not meet the travel costs of those wishing to return voluntarily to their home country. Assistance with travel costs and travel documents may be provided through the International Organisation for Migration Voluntary Assisted Return and Reintegration Programme, where an application is made under the Programme and receives approval. However, it should be noted that this Programme is only open to asylum seekers and irregular migrants from non-EEA countries who want to return permanently to their country of origin but do not have the means and/or travel documentation to do so.

Citizenship Applications. 398. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if work related travel out of this jurisdiction has affected the qualification for naturalisation of a person (details supplied) in Dublin 22. [20620/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Section of my Department in September 2007. Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, specifies certain conditions which an applicant must fulfil in order to be eligible to apply for naturalisation. One such condition is that the applicant should have at least five years reckonable residence for the purposes of an application for naturalisation is time spent in the State with the permission of the Minister. The person in question did not have the permission of the Minister from May 2003 to September 2003, therefore it does not count as reckonable residency. It is open to the individual in question to lodge a new application if and when she is in the position to meet the statutory residency requirement applicable at that time.

Garda Stations. 399. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the status of the renovation of Glenmore Garda Station in County Kilkenny; when works are scheduled to be finished; and if he will make a statement on the matter. [20629/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been advised by the Garda authorities that a review of Garda accommodation is now underway with a view to preparing a short and longer term strategy for all accommodation. It is planned to have this

657 Questions— 27 May 2008. Written Answers

[Deputy Dermot Ahern.] strategy completed by the end of 2008 and Glenmore Garda Station will be taken fully into account as part of this review.

Garda Deployment. 400. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if it is proposed to create a new Garda district within the new Carlow/Kilkenny Division in the south Kilkenny-Ferrybank area to deal with areas formerly attached to the Waterford and Clonmel districts which will now be included in the new Carlow-Kilkenny division; and if he will make a statement on the matter. [20630/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): In accordance with the provisions of the Garda Sı´ocha´na Acts 2005 to 2007 proposals, inter alia, to alter the boundaries of a divisional geographical area are a matter in the first instance for the Garda Commissioner in the context of the Annual Policing Plan. The 2008 Policing Plan contains the Commissioner’s proposals to realign Garda boundaries in a number of areas around the country to make them coterminous with local authority boundaries. This includes the establishment of a new Carlow/Kilkenny Division with Kilkenny as the Divisional Headquarters and the establishment of the city and county of Waterford as one Division with Waterford as the Divisional Headquarters. The planned changes will bring about greater efficiencies and effectiveness in facilitating the establishment and functioning of Joint Policing Committees. I am advised by the Garda authorities that a detailed programme of work is well advanced to implement these planned changes including the Divisions referred to by the Deputy. This programme of work will ensure that service delivery to the community is maintained to a high standard and will also examine the geographical areas of district and sub-district stations arising from the Divisional boundary realignments.

Crime Levels. 401. Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the number of burglaries recorded at the Garda stations in County Clare for 2007; the number of detentions from these burglaries which resulted; and if he will make a statement on the matter. [20639/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Following the submission of a report and recommendations by an expert group on crime statistics, it was decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from the Garda Sıóchańa. The Garda Sıóch- ańa Act 2005 consequently makes provision for this, and the CSO has established a dedicated unit for this purpose. The CSO has published crime statistics since the third quarter of 2006. I have requested the CSO to provide the statistics sought by the Deputy directly to him.

Legislative Programme. 402. Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform the status of the Civil Partnership Bill; when further progress will be made on its enactment; and if he will make a statement on the matter. [20647/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to the reply to Question No. 18 on 17 April 2008 on the matter. I expect to bring proposals for a scheme of a Civil Partnership Bill to Government shortly.

658 Questions— 27 May 2008. Written Answers

Garda Vetting Procedures. 403. Deputy Ciara´n Lynch asked the Minister for Justice, Equality and Law Reform the mechanism in place to facilitate a person seeking Garda clearance which also involves clearance from UK police; and if he will make a statement on the matter. [20654/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the Garda Central Vetting Unit (GCVU) provides employment vetting for a number of organisations in Ireland which are registered with the GCVU and which employ people to work with children and/or vulnerable adults. In respect of vetting applications which contain addresses in Northern Ireland a reciprocal arrangement is in place with the Police Service of Northern Ireland and results received are disclosed to the relevant registered organisation concerned. A Memorandum of Understanding is currently being negotiated with the Disclosure Scotland agency with a view to putting in place a reciprocal arrangement for vetting requests. Discussions are also ongoing with the Criminal Records Bureau of England and Wales to agree a similar Memorandum of Under- standing.

Legal Proceedings. 404. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform the position regarding the case of a person (details supplied) in County Kerry. [20657/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I understand that the person to whom the Deputy refers has commenced a legal action in this matter. As the case is the subject of ongoing legal proceedings it would not be appropriate for me to comment further.

Firearms Controls. 405. Deputy Ciara´n Lynch asked the Minister for Justice, Equality and Law Reform if there is regulation in regard to the sale of plastic pellet guns; if no regulation exists, if he will introduce controls; and if he will make a statement on the matter. [20667/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The regime which applies to any such device depends on the muzzle energy. Section 1 of the Firearms Act, 1925 (as amended by Section 26 of the Criminal Justice Act 2006) provides that devices with a muzzle energy less than or equal to 1 joule do not fall within the definition of a firearm and consequently do not come within the firearms licensing regime. I have no proposals at present for a change in that respect of our firearms legislation but will keep the matter under review.

Departmental Staff. 406. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the number of civil servants within his Department at the grade of assistant principal or higher; the number of whom were recruited to those roles from outside of the Civil Service; and if he will make a statement on the matter. [20679/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): There are 302 civil servants in my Department in administrative grades at Assistant Principal or higher level. Under the current Social Partnership Agreement, Towards 2016, two in every nine vacancies at Principal Officer level, and one in every five vacancies at Assistant Principal level, are

659 Questions— 27 May 2008. Written Answers

[Deputy Dermot Ahern.] required to be filled by open recruitment. Eligible serving civil servants are, of course, eligible to apply for open competitions in the same way as any other applicants. My Department currently has three serving Principal Officers recruited from an open competition run by the Public Appointments Service. The Department currently has no serving Assistant Principals recruited through open competition.

Garda Deployment. 407. Deputy Sea´n Sherlock asked the Minister for Justice, Equality and Law Reform when a response will issue to Parliamentary Question No. 410 of 26 February 2008; and if he will make a statement on the matter. [20687/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the Deputy will recall the details he requested were not available in the timeframe available and I undertook to write to him directly when the information was to hand. The response issued on 22 May 2008.

Garda Operations. 408. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the steps being taken to deal with anti-social behaviour in an area (details supplied) in Dublin 7; if he will ensure that the closed circuit television cameras are functioning; and if he will make a statement on the matter. [20727/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that local Garda management is aware of ongoing problems of public disorder and anti-social behaviour in the area concerned. I am further informed that the location referred to is in the Bridewell Garda sub-District and is patrolled by foot and mobile patrols from that Garda station. Members of the local Community Policing Unit allocated to this area liaise with the local community providing crime prevention and security advice. To date in 2008 there have been twenty two anti-social behaviour type incidents recorded, twenty one of which have been detected, resulting in twenty five arrests and the issuing of two anti-social behaviour warnings and ten on-the-spot fine notices on behalf of Dublin City Council. During the same period six criminal damage incidents have been recorded resulting in the arrest of four persons. Local Garda management liaises closely with the local authority in ensuring the law is enforced in the area referred to. Additional Garda patrols, including patrols by the District patrol car, District Detective and Drug Units, the Community Policing Unit and the Mountain Bike Units, supplemented as required by the Divisional Crime Task Force and Traffic Corps personnel, have been directed to pay particular attention to this area, with a view to ensuring a visible Garda presence. I am also informed that the CCTV system referred to by the Deputy is maintained by Dublin City Council and is in working order. Current policing policy in the area is predicated on the prevention of crime, including crimes of violence against persons and property and drug-related crime, the prevention of public order offences and the maintenance of an environment conducive to the improvement of the quality of life of the residents. Specific initiatives and special operations are put in place when analysis of criminal behaviour and crime trends indicate that such measures are necessary. This strategy is, and will continue to be, central to the delivery of the policing service in this area.

Citizenship Applications. 409. Deputy Olwyn Enright asked the Minister for Justice, Equality and Law Reform the

660 Questions— 27 May 2008. Written Answers reason a person (details supplied) in County Offaly has been requested to pay a fee of \634.87 for naturalisation papers; if his attention has been drawn to the fact that this person’s relatives had to pay \126.97; the reason for such a difference in fees; and if he will make a statement on the matter. [20732/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person in question applied for a certificate of naturalisation in July 2005. My predecessor approved her application and the person concerned was informed of this by letter dated 27 March 2008. However, as a result of an administrative error, the wrong statutory fee was requested. A further letter, requesting the correct fee of \634.87, issued on 14 May 2008. The application will be finalised on receipt of the statutory fee. I presume, when making reference to the person’s relatives, the Deputy is referring to the son of the person concerned. As a minor at the time of application, the statutory fee applicable was \126.97.

Residency Permits. 410. Deputy Mattie McGrath asked the Minister for Justice, Equality and Law Reform the status of an application for residency by a person (details supplied) in County Tipperary; if a decision will be made as soon as possible; and if he will make a statement on the matter. [20736/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Long term residency was introduced by way of an administrative scheme in May 2004. The position in relation to granting long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. Time spent in the State on student conditions cannot be counted towards long term residency. While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date. An application for long term residency from the person referred to by the Deputy was received in August 2007. I understand that applications received in September 2006 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

411. Deputy Mattie McGrath asked the Minister for Justice, Equality and Law Reform the status of an application for residency in the State by a person (details supplied) in County Tipperary; when a decision will be made on the application; and if he will make a statement on the matter. [20749/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 218 of Wednesday 9 April 2008 and the written reply to that question. The person concerned arrived in the State on 3 December 2005 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 22 November 2007, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within

661 Questions— 27 May 2008. Written Answers

[Deputy Dermot Ahern.] 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regu- lations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. The Deputy might wish to note that the person concerned also made an application for permission to remain in the State in accordance with the revised arrangements applicable to the non-Irish National parents of Irish born children born in the State before 1 January 2005. The revised arrangements in question were announced by the Minister for Justice, Equality and Law Reform on 15 January 2005 and the Closing Date for receipt of applications was 31 March 2005. The application of the person concerned was received on 18 January 2006 and, as such, was received too late for consideration. The person concerned was made aware of the non-acceptance of his application by letter dated 25 January 2006. In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the person concerned is passed to me for decision.

Child Protection. 412. Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the mechanisms in place to protect children from offensive, age inappropriate or dangerous multimedia activities that are easily accessible; and if he will make a statement on the matter. [20914/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Protection of children from the inappropriate use of multimedia activities is a very broad and encompassing term, but I take it that the Deputy is referring particularly to the internet, video games and mobile phones. I have no function in the regulation of broadcast media or phones but I can inform him as to the child protection arrangements in place in respect of a number of other media formats. I am very aware of the concerns of parents, teachers and voluntary organisations regarding the content available to children via the internet. The recent establishment of the Office for Internet Safety (OIS) as an executive office within my Department will continue to build on the work of the Internet Advisory Board which was set up in 2002 following the Report of the Working Group on the Illegal and Harmful use of the Internet. The OIS will oversee and further develop the self-regulatory regime for the Irish internet service providers, encourage best practice procedures; promote awareness of the internet downside issues and provide advice and facilitate research on internet related issues regarding child safety. The OIS will also continue to oversee the operation of the Hotline (www.hotline.ie — the system for dealing with reports of illegal content on the internet). The Hotline is funded by the Internet Service Providers’ Association of Ireland with support from the EU Safer Internet Action Plan. It accepts and investigates reports from the public in relation to child pornography and other illegal material on the internet. It plays an important part by accepting reports, providing the resources to validate them and channelling those that are illegal directly to the

662 Questions— 27 May 2008. Written Answers appropriate jurisdiction and authority. If the material is hosted in Ireland, it will request the relevant Internet Service Provider (ISP) to remove it, in accordance with their Code of Practice and Ethics. Special protocols operate between the Gardaı´ and the Hotline that maximise cooperation on law enforcement issues. The Hotline provides a first port of call for parents and members of the public in general who encounter illegal material on the internet. You may be aware of the booklets in the GET with IT! Series on behalf of the Internet Advisory Board (IAB). There are three booklets in the series, a parents’ guide to new media technologies, a parents’ guide to filtering technologies and a parents’ guide to social -networking websites. These booklets give an overview of new technologies, help parents to understand and use websites and help them to safeguard their children online. Copies of these publications were distributed widely and can be had on request through a freefone number 1800 24 25 95. They are also available on the website of my Department at . With regard to video games, the position is that Ireland is a member of the Pan European Games Information (PEGI) system. Video games are classified by age appropriateness at the following levels; 3+:7+ 12+;15+ and 18+. The categorisation is then indicated on product packaging. Under these arrangements, video games are categorised according to a robust and consistent system and subject to independent non-industry verification. A key component of video game arrangements is that the classification systems are designed to provide useful information as to the content of the product. In particular, the intention is to assist parents in making informed choices concerning the media they acquire for their children or which they permit their children to use. In so far as films and videos/DVDs are concerned, the position is that these must be classified by the Irish Film Censor for sale, exhibition or rental. The age appropriateness of each work is then displayed in cinema and all video/DVD works must carry the age classification on the packaging and video/DVD.

Garda Deployment. 413. Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the number of community gardaı´ in County Mayo; the number of juvenile liaison officers in County Mayo; the details of Garda youth diversion programmes in the county; and if he will make a statement on the matter. [20915/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that as of 30 April 2008, the latest date for which figures are readily available, there were 8 members of An Garda Sıóchańa assigned to community policing duties in the Mayo Division, four (4) in Ballina and four (4) in Castlebar. There were also 2 Juvenile Liaison Officers attached to the Mayo Division based in Ballina and Castlebar Garda stations. While these are the numbers of Gardaı´ specifically assigned to community policing, it is also of course the case that all Gardaı´ have a role to play in addressing community policing issues. The Garda Commissioner, who is responsible for the prioritisation and allocation of resources within the Force, is currently reviewing arrangements within An Garda Sıóchańa for community policing. I look forward to the outcome of the review and receiving the Commissioner’s proposals for the future development of community policing in Ireland. As regards the Garda Juvenile Diversion Programme, it has proven to be highly successful in diverting young persons away from crime by offering guidance and support to juveniles and their families. It also enables referral to the Garda Youth Diversion Projects which operate separately from the Programme. These Projects are community-based, multi-agency crime pre-

663 Questions— 27 May 2008. Written Answers

[Deputy Dermot Ahern.] vention initiatives which seek to divert young people from becoming involved, or further involved, in anti-social or criminal behaviour. At present, there are 100 Garda Youth Diversion Projects operating throughout the country. Of these projects, there are two operating in County Mayo; Youth Action Ballina (YAB) and Castlebar Youth Action Project (YAC). The number of Garda Youth Diversion Projects established nationwide will be extended to 168 during the lifetime of the government, in line with the commitment in the Agreed Programme for Government.

Citizenship Applications. 414. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in relation to an application for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [20943/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Section of my Department in May 2007. Officials in that Section are currently processing applications received in late 2005 and have approximately 10,500 applications on hand to be dealt with before that of the person concerned. These are generally dealt with in chronological order as this is deemed to be the fairest to all applicants.

Bench Warrants. 415. Deputy John Deasy asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that this Deputy has been requesting information by way of parliamentary question regarding the number of outstanding bench warrants in each Garda division and in each Garda district of the Waterford and Kilkenny Division since March 2006; and if he will make a statement on the matter. [20955/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the collation and verification of the information requested by the Deputy in Questions No. 228 and 229 of 14 May, 2008 is underway and that the information will be supplied as soon as possible. I have asked that this process be expedited and have directed that a comprehensive reply be prepared as quickly as possible for the Deputy, dealing with all the outstanding issues.

Garda Vetting Procedures. 416. Deputy Paul Connaughton asked the Minister for Justice, Equality and Law Reform the reason there is such a long delay for applicants for Garda vetting particularly for young people who are applying for jobs; if his attention has been drawn to the fact that because of the inordinate length of time it takes to have the process completed many people have lost the opportunity of getting a job; and if he will make a statement on the matter. [20983/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that all vetting application forms received by the Garda Central Vetting Unit (GCVU) are processed in sequential order from the date of receipt. The current, average turnaround time for the processing of correctly completed vetting application forms is approximately one month. Significant departures from the average processing time occur only when further, more detailed enquiries are required in specific instances.

664 Questions— 27 May 2008. Written Answers

In order to meet the increased demand arising since 2006 from the ongoing major expansion in the provision of its vetting service, the GCVU has been in receipt of very significant additional resources. In particular, the human resource allocation to the Unit has increased from 13 originally to its current level of more than 60, with new personnel joining the Unit in each of the first three months of this year. When all these personnel have completed their induction and training, it is anticipated that processing times will be even further reduced. All organisations registered for Garda vetting are aware of the processing timeframes for the receipt of Garda vetting and have been advised to take this into consideration in their recruitment and selection process.

Asylum Applications. 417. Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the status of an application for leave to remain by a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [20996/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Immigration Division of my Department that the status of the person in question and her two adult sons is currently under consideration and a decision will be issued shortly.

Road Traffic Offences. 418. Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform the number of speeding summonses that have been dismissed due to the defence of non receipt of the notification by post; the reason that such communications are not delivered by registered post; the proposals he has to address this matter; and if he will make a statement on the matter. [21024/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that statistics are not compiled by An Garda Sı´ocha´na in such a way as to indicate the number of speeding summonses that have been dismissed due to defence of non receipt of the notification by post. Furthermore, under the Courts Service Act, 1988, the Courts Service is independent in the performance of its functions, which include the provision of statistics. I am also informed that the District Court rules provide a number of methods for service of summonses. These are, in addition to service by registered post, personal service on the defendant and service at the defendant’s home or place of business.

Probation and Welfare Services. 419. Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform the status of a proposed probation hostel (details supplied) in County Cork; when it is due to open; the proposed staffing levels; and if he will make a statement on the matter. [21025/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Cork Probation Hostel which was established in 1984 was closed in 2004 for major refurbishment. As part of the implementation of the Children Act, 2001, as amended, external consultants were engaged in late 2006 to undertake a review of such residential facilities with a view to meeting the requirements of the Children Act in relation to certain community sanctions, and providing a service which reflects international best standards. This review, which was finalised in January 2007, concluded that service provision in the future should consider co-locating other services on site which could support other community sanctions. The Probation Service (Young Persons

665 Questions— 27 May 2008. Written Answers

[Deputy Dermot Ahern.] Probation) is currently finalising plans to utilise the facility to implement community sanctions under the Children Act, 2001 and will be submitting proposals to the Irish Youth Justice Service of my Department shortly.

Visa Applications. 420. Deputy P. J. Sheehan asked the Minister for Justice, Equality and Law Reform if he will confirm in writing that a visa was issued to a person (details supplied) in Dublin 15 to enter the State legally in March 1998 and that a stamp four will be applied to their passport; and if he will make a statement on the matter. [21049/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person to whom the Deputy refers arrived in Ireland on a valid visa issued subsequent to his parents having been granted permission to remain in the State under the arrangements then in place for the parents of children born in the State. Following his arrival in the State, the person concerned continued to reside here as part of a family unit. A minor child is covered by the permission granted to his/her parents once the minor is resident with his/her parents in the State. On reaching the age of sixteen the minor is required to register with his/her nearest Immigration Officer. I wish to confirm to the Deputy that a request from the person concerned for permission to remain, in his own right, has been received in my Department. Officials within my Department have written to the person concerned requesting further documentation. On receipt of such documentation, consideration will be given to the request, and the person concerned will be notified accordingly.

421. Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform if he will take steps to have a visa issued to a person (details supplied) in County Westmeath who has been married since 27 April 2008 to an Irish Citizen and a resident here; if he will ensure that this visa is granted to this person as they are coming to reside with their spouse here, in the context of the relevant documentation authenticating the position being furnished to his Department; and if he will make a statement on the matter. [21054/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): If the individual referred to by the Deputy wishes to reside in Ireland with their spouse an application for a “Spouse of Irish” visa must be lodged through the Visa Office at the Embassy of Ireland, Moscow. Comprehensive details on how to apply for a visa and the documents required for family members of Irish citizens can be found on the website of the Irish Naturalisation and Immigration Service www.inis.gov.ie

Departmental Statistics. 422. Deputy David Stanton asked the Minister for Justice, Equality and Law Reform the number of males and females respectively in prison; and if he will make a statement on the matter. [21072/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Director General of the Irish Prison Service that there were 129 females and 3,457 males in prison custody on 22 May 2008.

Asylum Applications. 423. Deputy Fergus O’Dowd asked the Minister for Justice, Equality and Law Reform if he

666 Questions— 27 May 2008. Written Answers will respond to correspondence from a person (details supplied) in County Louth; and if he will make a statement on the matter. [21073/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned arrived in the State on 15 July 2002 and applied for asylum. Her asylum application was refused following the consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 22 November 2004, that the Minister proposed to make a deportation order in respect her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned. Following the consideration of her case under Section 3 of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, as an exceptional measure, the person concerned was, subject to certain stated conditions, granted temporary leave to remain in the State for an initial period of two years and this permission has been subsequently renewed for three years up until 10 October 2010. In relation to the attached correspondence, requesting that the person concerned be allowed to bring her two children into the State; the position is that the person concerned was given, as an exceptional measure, permission to remain in the State on humanitarian grounds. One of the stated conditions of her permission to remain in the State is that the person concerned accept that the granting of permission to remain does not confer any entitlement or legitimate expectation on any other person, whether related to her or not, to enter the State. The entitlement of family reunification in this State is limited to the circumstances provided for in Section 18 of the Refugee Act 1996 (as amended). In essence this entitlement is only available to persons who have been recognised as refugees in this State and this provision is clearly not applicable to the person concerned.

Residency Permits. 424. Deputy Mattie McGrath asked the Minister for Justice, Equality and Law Reform if his Department has received an application for residency in the State from a person (details supplied) in County Tipperary; if so, when a decision will be made on their application; and if he will make a statement on the matter. [21189/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I would refer the Deputy to the reply to Parliamentary Question No. 879 put down for answer on the 2nd April 2008. The position in relation to long term residency is as follows: persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. The Immigration Division of my Department received an application for long term residency in February 2006 from the person referred to by the Deputy. In June 2006 the person concerned was refused on the grounds that he had insufficient time spent working in the State. The Immigration Division of my Department has no record of having received any subsequent application for long term residency from the person concerned since June 2006.

667 Questions— 27 May 2008. Written Answers

Road Traffic Offences. 425. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of arrests arising from drink driving offences in each of the past two years; the number of convictions arising therefrom; and if he will make a statement on the matter. [17450/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Following the submission in 2004 of a report and recommendations by an expert group on crime statistics, it was decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from the Garda Sıóchańa. The Garda Sıóchańa Act 2005 consequently makes provision for this and the CSO has established a dedicated unit for this purpose. Following the setting up of the necessary technical systems and auditing of the data from which the statistics are compiled, the CSO is now compiling and publishing criminal statistics and has published provisional headline crime statistics since the third quarter of 2006. I have requested the CSO to provide the statistics sought by the Deputy directly to him.

Public Private Partnerships. 426. Deputy Ruairı´ Quinn asked the Minister for the Environment, Heritage and Local Government if in view of the statement by the Minister for the Environment, Heritage and Local Government in Da´il E´ ireann on 22 February 2007 by reference to the Dublin waste to energy project that once a project is certified as being in compliance with a PPP all the arrangements pertaining to that project must be continued and in view of the letter of intent issued by Dublin City Council to a company (details supplied) at the end of June 2007, and the fact that Dublin City Council signed a project agreement on 24 August 2007 with the company to design, construct and operate a waste to energy facility in Dublin, he is satisfied that all relevant guidelines were properly followed and implemented in the evolution of the waste to energy project in Dublin; the role of the National Development Finance Agency in the development of the Dublin waste to energy project after 2005; if there was intervention by him in approving or deciding the terms of the project between February and August 2007; and if he will make a statement on the matter. [20905/08]

427. Deputy Ruairı´ Quinn asked the Minister for the Environment, Heritage and Local Government if he will arrange for the release of the terms of a project agreement between Dublin City Council and a company (details supplied) on 24 August 2007 to design, construct and operate a waste to energy facility in Dublin in view of the recommendations of the First Interim Report 2007 Access to the Private Element of Public Private Partnerships an Inter- national Comparison of the Committee of Public Accounts that contracts should eventually after the appropriate time interval be disclosed in their entirety which would allow ongoing assessment of a project and provide reassurance to the public that their interest was being respected; and if he will make a statement on the matter. [20906/08]

428. Deputy Ruairı´ Quinn asked the Minister for the Environment, Heritage and Local Government if he will arrange for the public release of the public sector benchmark on the Dublin waste to energy project in view of paragraph 2.7.9 of his Departments guidelines on public private partnerships where it is stated that in the case of a once-off project where there is not likely to be any similar procurement in the future, the release of the PSB after the contract has been signed could be considered, in view of the fact that the Dublin waste to

668 Questions— 27 May 2008. Written Answers energy project at Poolbeg is clearly a once-off project; and if he will make a statement on the matter. [20907/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 426 to 428, inclusive, together. The facility in question is provided for in the Dublin regional waste management plan for which the four Dublin local authorities have statutory responsibility under the Waste Manage- ment Acts. Section 60(3) of the Waste Management Act, 1996 precludes the Minister for the Environment, Heritage and Local Government from exercising any power or control in relation to the performance by a local authority of a function conferred on it under the Act. In view of the project’s status as a prospective public private partnership, my Department was involved in certifying that the procurement was conducted in accordance with public policy on the procurement of infrastructure in this way. The Department by letter dated 14 September 2005 advised Dublin City Council, which acts as lead authority for the project, that having considered the submissions received in respect of the procurement process there was no objec- tion to Dublin City Council proceeding to enter into contractual arrangements with the selected private partner. My Department and the National Development Finance Agency had representation on the project board established to manage the procurement process. The project board did not have a role in regard to the contractual arrangements subsequently entered into by Dublin City Council. My Department is not a party to this contract and has no further role in the matter. The Minister for Finance in his response, in April 2007, to the recommendations in the Committee of Public Accounts report took the view that this recommendation would need to be considered by the relevant sponsoring agency on a case by case basis, having regard to protecting the State’s negotiating position and the statutory, civil and legal rights of contracting parties. He also noted that all of the PPP documentation and analyses are available to the Comptroller and Auditor General. In the case of this project Dublin City Council is the relevant sponsoring agency and the Council has not made any proposal to my Department to release the Public Sector Benchmark. My Department is aware that independent statutory processes are still in progress in regard to the project and any issues which arise in that context with implications for the contract are a matter for Dublin City Council.

Greenhouse Gas Emissions. 429. Deputy Noel J. Coonan asked the Minister for the Environment, Heritage and Local Government if the level of greenhouse emissions to date in 2008 is less or more than the level of greenhouse emissions in the same time frame in 2007; and if he will make a statement on the matter. [21000/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In accordance with requirements under the United Nations Framework Convention on Climate Change, the Environmental Protection Agency prepares an annual National Inventory Report on greenhouse gas emissions. The 2008 inventory, which reports on actual emissions in 2006, is available on the Agency’s website (www.epa.ie). Future inventories will report on emissions in 2007 and 2008, and will be made available by the Agency in due course. Inventories must be prepared in accordance with strict guidelines adopted under the Convention and, pending completion of an inventory in respect of 2008, it is not possible to comment on year-on-year changes in actual greenhouse gas emissions.

669 Questions— 27 May 2008. Written Answers

Register of Electors. 430. Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government the reason a UK citizen living here for many years can not vote in an Irish referendum; and if he will make a statement on the matter. [21003/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In order to be able to vote at elections and referenda in this jurisdiction, a person’s name must be entered in the register of electors for a constituency in the State in which the person ordinarily resides. Subject to this primary requirement, the person’s citizenship then determines the polls at which he or she is entitled to vote. Under article 47.3 of the Constitution only Irish citizens may vote at a referendum.

Industrial Development. 431. Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Govern- ment the proposals to extend the Border midlands western region or create a further such region to include areas where industrial development has not kept pace with the national average of employment creation; and if he will make a statement on the matter. [21193/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): There are no proposals on the lines suggested in the Question.

Seanad Reform. 432. Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government the progress made regarding Seanad reform included in the Agreed Programme for Government; and if he will make a statement on the matter. [20562/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Programme for Government contains a commitment to determine the extent of cross- party agreement on the recommendations of the April 2004 Report on Seanad Reform by the Seanad Sub-Committee on Seanad Reform, and to advance proposals for implementation. The Report sets out comprehensive recommendations for further consideration and action concerning the composition, functions and future role of Seanad E´ ireann. I consider that Seanad reform should be advanced on the basis of an All-Party, consensus approach, insofar as possible. Representatives of each of the Parties have been invited to attend a meeting of the All-Party Group on Seanad Reform on 18 June 2008. The aim of the Group will be to establish, in a small number of meetings, the extent of cross party agreement on the recommendations of the Seanad Sub-Committee on Seanad Reform’s 2004 Report.

Local Authority Housing. 433. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government the reason for the delay in redeveloping a house (details supplied); if his attention has been drawn to the fact that dozens of elderly tenants have been waiting to return home for more than two years. [20565/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The project appraisal and detailed drawings for this 99-unit scheme, costing an estimated \34 million, were received in my Department from Dublin City Council on 14 April, 2008. These are being examined at present with a view to deciding on the first phase of the project, involving the demolition of Fr. Scully House. This examination will be concluded as quickly as possible.

670 Questions— 27 May 2008. Written Answers

Election Management System. 434. Deputy Noel Grealish asked the Minister for the Environment, Heritage and Local Government the complete list of the 2007 general election ballot boxes identifying their corresponding polling district, electoral division and constituency. [20573/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The information sought is not available in my Department. The primary role of my Department in electoral matters is to provide an appropriate policy and legislative framework for a modern and efficient electoral system. Within this framework, Returning Officers are responsible for all matters in connection with the conduct of elections and referendums, including the provision of ballot boxes, and they are independent in the performance of their duties.

Water and Sewerage Schemes. 435. Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government the position regarding the introduction of support for the replacement and upgrade of septic tanks older then 15 years with newer systems; and if he will make a statement on the matter. [20583/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Programme for Government includes a commitment to introduce a support scheme for replacing and upgrading septic tanks older than 15 years with newer systems. I am currently considering the terms, conditions and other arrangements that may be appropriate to taking forward this commitment.

Grant Payments. 436. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if he will introduce the radon remediation grants which were set out in the Radio- logical Protection Amendment Act 2002; and if he will make a statement on the matter. [20618/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael P. Kitt): The Radiological Protection (Amendment) Act, 2002 provided, inter alia, the statutory basis for the Radiological Protection Institute of Ireland (RPII) to administer a radon remediation grant scheme in respect of houses from moneys to be provided by the Oireachtas. Such a scheme could require significant public expenditure and administrative resources. It would be difficult for a demand led scheme of domestic radon grants to ensure appropriate and cost effective targeting of remedial action. Therefore, the Government’s approach, which is similar to that of the majority of EU Member States, is that our efforts are better concen- trated on increasing public awareness of the risks posed by radon in the home. The Government, largely through the RPII, has, for many years now, committed significant resources to assessing the extent of the radon problem throughout the country, and to increasing public awareness of radon and the health risks associated with prolonged exposure to high radon concentrations. The Building Regulations introduced by my Department in 1998 and updated in 2004 also require all new buildings, including new houses, to incorporate radon protection measures at the time of construction. Technical guidance on radon remediation techniques is available in a booklet issued by the Department, titled Radon in Buildings — Corrective Options, which is available on the Department’s website. The RPII has also issued guidance entitled Understanding Radon Remediation — A Householders Guide. This is available on the RPII website, as is a list of

671 Questions— 27 May 2008. Written Answers

[Deputy Michael P. Kitt.] companies who can provide a radon remediation service and offer specific advice and recommendations.

Water and Sewerage Schemes. 437. Deputy Charles Flanagan asked the Minister for the Environment, Heritage and Local Government the status of the Rathvilly sewage treatment scheme in County Carlow; when a completion date will be reached; and if he will make a statement on the matter. [20623/08]

438. Deputy Charles Flanagan asked the Minister for the Environment, Heritage and Local Government the status of the Hacketstown sewage treatment scheme in County Carlow; when a completion date will be reached; and if he will make a statement on the matter. [20624/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 437 and 438 together. My Department is awaiting submission of Carlow County Council’s Preliminary Report for the Tullow/Hacketstown/Rathvilly Wastewater Treatment Plants Scheme which has been approved for funding under the Water Services Investment Programme 2007 — 2009.

439. Deputy Charles Flanagan asked the Minister for the Environment, Heritage and Local Government the status of the sewage treatment scheme for the grouped three villages of Johns- town, Freshford and Goresbridge in County Kilkenny; when a completion date will be reached; and if he will make a statement on the matter. [20626/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Freshford/Johnstown/Goresbridge Sewerage Scheme is included in my Department’s Water Services Investment Programme 2007 — 2009 as a scheme to advance through planning, at an estimated cost of \7.9 million. Kilkenny County Council’s Preliminary Report for the scheme is being examined in my Department and is being dealt with as quickly as possible.

Social and Affordable Housing. 440. Deputy Charles Flanagan asked the Minister for the Environment, Heritage and Local Government the moneys allocated by his Department to the local authorities in Carlow and Kilkenny for the provision of both social and affordable housing in both areas; the way these figures have carried for each of the past five years; and if he will make a statement on the matter. [20628/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Allocation details on the Local Authority Housing, Regener- ation & Remedial Works and Traveller Accommodation programmes from 2003 — 2007, together with expenditure details under these programmes and the voluntary and co-operative housing Capital Assistance Scheme, are set out in the following table:

2003 2003 2004 2004 2005 2005 2006 2006 2007 2007 Alloc. Exp. Alloc. Exp. Alloc. Exp. Alloc. Exp. Alloc. Exp.

\\\\\\\\\\

Carlow 11,280 13,170 10,700 12,313 15,000 22,020 16,000 21,774 15,100 14,967 Kilkenny 5,150 10,691 13,500 16,025 15,600 19,156 30,000 24,883 25,835 30,464

In relation to affordable housing, the extent of Exchequer funding is dependent on demand and focused on the provision of subsidies to make homes affordable, while other expenditure 672 Questions— 27 May 2008. Written Answers relates to funding of mortgages by means of loans raised through the Housing Finance Agency. Details relating to direct Exchequer expenditure on subsidies, for the period concerned, are set out in the following table:

2003 2004 2005 2006 2007 Exp. Exp. Exp. Exp. Exp.

\000s \000s \000s \000s \000s

Carlow 21 27 743 475 55 Kilkenny 86 408 255 244 217

Question No. 441 answered with Question No. 141.

Departmental Staff. 442. Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government the number of civil servants within his Department at the grade of assistant principal or higher; the number of whom were recruited to those roles from outside of the Civil Service; and if he will make a statement on the matter. [20675/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): There are 161 administrative staff at the grade of assistant principal officer or higher currently serving in my Department. Of these, 5 were recruited via open competition, including 1 from outside the civil service.

Planning Issues. 443. Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Govern- ment the guidelines for the naming of estates; if the use of same are protected under legislation; and if he will make a statement on the matter. [20699/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Under Section 34 of the Planning and Development Act 2000, planning authorities may attach conditions to planning permissions in relation to appropriate naming and numbering of, and the provision of appropriate signage for, proposed developments. I have no plans to issue national guidance on this matter, which I consider is more appropriately dealt with at local authority level.

Local Authority Services. 444. Deputy Brian Hayes asked the Minister for the Environment, Heritage and Local Government the estimate, following his discussions with various local authorities throughout the country, of the number of schools which have installed water meters; if as a result of the installation of these meters this has led to a reduction or an increase in the water rate charged to these schools; and if he will make a statement on the matter. [20719/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The information requested in relation to the number of schools which are metered for water charges is not available in my Department. However, the metering of all non-domestic water users, including schools, is expected to be completed before the end of 2008. Water charging of non-domestic users on a volumetric basis should incentivise efficiency and conservation in the use of water, thereby reducing the running costs of non-domestic users generally. 673 Questions— 27 May 2008. Written Answers

[Deputy John Gormley.]

Following on from a commitment in the Programme for Government in relation to school water charges, the Government decided on 4 January 2008 to introduce transitional arrangements for charging schools for water services, pending full cost from 1 January 2010. The transitional arrangements, involving a flat rate charge per pupil for water services, are the basis on which schools are to be charged for water services for the years 2007 to 2009. However, if actual usage, as recorded by a meter, produces a lower charge than the flat rate, the lower bill will apply for the transition period. In the context of full cost recovery being applicable from 1 January 2010, local authorities have been asked to provide all schools with periodic indicative bills showing the volume of water supplied in the specified period and the associated full cost charge. Those schools with abnormally high water consumption are to be identified and contacted with advice on the necessity to implement measures to reduce water usage. Details of those schools are also to be supplied to the Department of Education and Science. This should assist schools in preparing for the transition to full volumetric billing in 2010.

Planning Issues. 445. Deputy Darragh O’Brien asked the Minister for the Environment, Heritage and Local Government his views on amending the Planning and Development Act 2000, to ensure that the onus is put on a planning applicant to make contact with neighbours living in close proximity to a site on which planning is sought, in addition to the procedure of posting a planning application notice on the site, to ensure that people are made fully aware of pending planning applications that may have an impact on their dwellings or properties; and if he will make a statement on the matter. [20721/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Planning Code provides for extensive public notification of proposed development. It is a general requirement that a valid application for planning permission must be advertised by site notice and newspaper notice. The site notice must state, inter alia, that the planning application may be inspected or purchased at the offices of the planning authority, and that submissions or observations in relation to the application may be made to the authority in writing on payment of the prescribed fee within the 5 week period beginning on the date of the receipt by the planning authority of the application. A notice of the proposed development must also be published in an approved local or national newspaper. This must, in addition, set out details in relation to the inspection of planning applications and the making of submissions and observations. Ordinarily an appeal on a decision of a planning authority can be made only by the applicant, or an individual or group who made submissions or observations in writing to the planning authority in relation to the planning application in accordance with permission regulations. However, an exception is provided for persons with an interest in land adjoining the site which is the subject of the application. Section 37(6)(a) of the 2000 Act provides that a landowner/occupier on the site adjoining the application site may apply to the Board for leave to appeal the decision of the planning authority, within four weeks of the decision, even without having made submissions or observations to the planning authority in the first instance. It is also possible for an individual to apply to the High Court for leave to seek a judicial review of a planning decision. Leave must usually be sought within eight weeks of the decision, and the High Court may only grant leave where it is satisfied that there are substantial grounds for contending that the decision is invalid or should be quashed. The person seeking leave must also have a substantial interest in the decision and have participated in the decision making

674 Questions— 27 May 2008. Written Answers process or had good and sufficient reasons for not doing so. While I have no proposals before me at the moment, I will keep the position under review to ensure that planning notice requirements are both effective and cost efficient.

Public Private Partnerships. 446. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the regeneration projects for O’Devaney Gardens, Dominick Street and Sean MacDermott Street have collapsed because the developer has withdrawn; the steps he will take to ensure that the hundreds of tenants involved do not lose out; and if he will make a statement on the matter. [20729/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I refer to the reply to Question No. 88 on today’s order paper which outlines the current position regarding the PPP regeneration projects in question.

Planning Issues. 447. Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government if, under existing planning legislation, all documents in relation to a planning application must be placed on the planning file available for public inspection; and his views on whether such provision is being complied with by local authorities at present. [20734/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Section 38 of the Planning and Development Act, 2000 requires the planning authority, within 3 working days of a decision on a planning application, to make the following documents available for inspection and purchase by members of the public, for a period of not less than 7 years after the making of the decision, during office hours at the offices of the authority: (a) a copy of the planning application and of any particulars, evidence, environmental impact statement, other written study or further information received or obtained by the authority from the applicant in accordance with regulations under the Act; (b) a copy of any submissions or observations in relation to the planning application which have been received by the authority; (c) a copy of any report prepared by or for the authority in relation to the planning application; (d) a copy of the decision of the authority in respect of the planning application and a copy of the notification of the decision given to the applicant; and (e) a copy of any documents relating to a contribution or other matter referred to in section 34(5). Any document referred to in paragraphs (a) and (b) above which is received or obtained by a planning authority must be made available for inspection and purchase by members of the public at the office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application. My Department issued Development Management Guidelines to planning authorities in June 2007, which are a step by step guide to all stages of the planning application process. These guidelines emphasise the importance of the availability of an up to date copy of the planning application file for inspection at the public office at all times when the office is open. A copy of the guidelines is available on my Department’s website at www.environ.ie.

Waste Management. 448. Deputy Tom Hayes asked the Minister for the Environment, Heritage and Local Government if a consistent national system of waste collection waivers has been considered for persons who are elderly, on disability benefit, carers allowance, or unemployment assistance

675 Questions— 27 May 2008. Written Answers

[Deputy Tom Hayes.] whose waste is collected by public or private collectors as this measure was being considered by his Department in 2003. [20755/08]

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, as determined by the Oireachtas, 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. The Minister has no statutory function in the determination of waivers. It is recognised that significant regulatory issues have emerged as waste management services have rapidly evolved in recent years. These issues, which have been the subject of a formal public consultation, include the need for appropriate reflection of necessary public service criteria in relation to the provision of services in particular areas or in respect of specific households. The existing regulatory framework requires modernisation. The identification of the changes necessary will be greatly assisted by the recent OECD review of the public service, which included a specific case study on waste management, and will be implemented in the context of the overall review of national waste management policy provided for in the Prog- ramme for Government and now being initiated. The revised approach to the collection of household waste being taken by the Dublin local authorities will further inform what measures may be necessary to underpin sustainable waste collection services and infrastructure provision, whether delivered by the private or public sectors. In these contexts the appropriate policy responses will be developed and elaborated.

Housing Grants. 449. Deputy Dan Neville asked the Minister for the Environment, Heritage and Local Government the outcome of an application for a thatching grant for a person (details supplied) in County Limerick. [20811/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The application was received in my Department on 9 April, 2008. An inspection with a view to issuing a Certificate of Approval, if in order, will be carried out shortly.

Local Authority Housing. 450. Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government the number of people on housing waiting lists, those awaiting social housing or affordable housing in County Mayo; and if he will make a statement on the matter. [20903/08]

676 Questions— 27 May 2008. Written Answers

This information on housing need has been a major consideration in the allocation of exchequer resources for the national social housing investment programme. This year alone, my Department has allocated almost \20 million to support social housing construction projects across County Mayo. Local authorities are currently carrying out the 2008 statutory housing needs assessment, the results of which will be published in due course. My Department does not collect national figures on the numbers applying for affordable housing. The management of affordable housing lists remains a matter primarily for housing authorities themselves.

Questions Nos. 451 and 452 answered with Question No. 117.

Election Management System. 453. Deputy Ruairı´ Quinn asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the decision by the Dutch Government following an extensive series of tests by a variety of agencies including the Dutch intelligence services to abandon the same e-voting machines currently owned by the Government here and to abandon their overall e-voting project in view of the fact that it offers insufficient benefits over the existing pen and paper system; if he will take the decision to abandon the e-voting project here and dispose of the machines for maximum return; and if he will make a statement on the matter. [20956/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I am aware of recent developments in the Netherlands in relation to electronic voting, including a statement from the Dutch Government setting out its intention to end plans to introduce a new electronic voting system, as recommended in a Dutch official report from January 2008, in favour of voting by paper ballot. My Department also maintains contact with other developments internationally in relation to electronic voting. As far as our own jurisdiction is concerned, the Commission on Electronic Voting in its Final Report in 2006 concluded that the voting equipment chosen for use in Ireland could be used, subject to further work which it also recommended. As I have already indicated, I am at present considering the next steps to be taken in relation to this project. In this, I am taking into account the work of the Commission on Electronic Voting, relevant experiences and developments internationally, and the need to maintain public confidence in the electoral process, as well as the provisions in the Programme for Government relating to electoral reform generally.

Question No. 454 answered with Question No. 133.

Question No. 455 answered with Question No. 95.

Question No. 456 answered with Question No. 94.

Question No. 457 answered with Question No. 95.

Departmental Expenditure. 458. Deputy Paul Connaughton asked the Minister for the Environment, Heritage and Local Government when a person (details supplied) in County Galway will receive payment from his Department for the sale of bog. [20981/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I understand that the Chief State Solicitor’s Office has raised a number of queries regarding the

677 Questions— 27 May 2008. Written Answers

[Deputy John Gormley.] draft contracts in this case with the vendor’s solicitors and is awaiting a reply. No payment can be made until signed contracts are in place.

459. Deputy Paul Connaughton asked the Minister for the Environment, Heritage and Local Government when a person (details supplied) in County Galway will receive payment for the sale of bog to his Department; and if he will make a statement on the matter. [20982/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I understand that the Chief State Solicitor’s Office wrote to the vendor’s solicitor on 16 May 2008 seeking requisitions on title so that the sale can be closed. The purchase will go through when these issues have been resolved.

Noise Pollution. 460. Deputy Mary Upton asked the Minister for the Environment, Heritage and Local Government if his Department has responsibility for noise pollution caused by dogs constantly barking and creating a nuisance for their neighbours; and if he will make a statement on the matter. [20987/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Under the provisions of section 25 of the Control of Dogs Act 1986, the District Court may act on a complaint by any person where a nuisance has been created by excessive barking by a dog. A copy of the Form used for complaints to the Courts regarding barking is available from local authorities. While complaints in relation to barking dogs are largely dealt with under the provisions of the Control of Dogs Acts, the position in relation to noise nuisance generally is that a legal remedy has been provided under Article 108 of the Environmental Protection Agency Act 1992 (Noise) Regulations 1994. This allows an individual, a group of residents, a local authority or the Environmental Protection Agency to make a complaint to the District Court in respect of noise which gives reasonable cause for annoyance, for the purpose of obtaining an Order for the reduction, prevention or limitation of the noise. The defendant is obliged to comply with any such Order. I am currently examining options to strengthen legislation on noise pollution as provided for in the Programme for Government. My intention is to consult with key stakeholders, including local authorities, and I will announce my preferred approach as soon as possible.

Questions Nos. 461 to 463, inclusive, answered with Question No. 95.

Water Quality. 464. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the number, location and source of any potential threat of pollution to domestic drinking water supplies throughout the country; and if he will make a statement on the matter. [21162/08]

474. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the steps he has taken or proposes to take to ensure the elimination of any possible threat to the pollution of domestic drinking water supply throughout the country with particular reference to ensuring that local authority sewerage treatment systems do not pollute public water supplies; and if he will make a statement on the matter. [21174/08]

678 Questions— 27 May 2008. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 464 and 474 together. I refer to the reply to Question No. 73 of 22 April 2008. The position is unchanged.

Local Authority Housing. 465. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the way he will deal with the local authority housing waiting lists, which in some cases contain families on the list for ten years or more; and if he will make a statement on the matter. [21163/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): A statutory assessment of housing need is carried out every three years by all housing authorities. The last assessment took place in 2005 and indicated that there were 43,684 households on local authority housing waiting lists. Detailed information on this assessment is available on my Department’s website at www.environ.ie. This information on housing need, broken down by housing authority, has been a major consideration in the allocation of exchequer resources for the national social housing investment programme. This year alone, my Department has allocated a record \1 billion to support construction and acquisitions projects across the country. Local authorities are currently carrying out the 2008 statutory housing needs assessment, the results of which will be published in due course. At present, the placement of applicants on housing waiting lists and the subsequent allocation of social housing units is a matter for each housing authority in accordance with its scheme of letting priorities. However, under the social housing reform agenda, as set out in the Govern- ment’s Housing Policy Statement, Delivering Homes, Sustaining Communities, there is a commitment to the reform of housing allocation policy. Proposals for a new allocation policy have been developed by my Department, in consultation with the County and City Managers’ Association, and have been discussed and endorsed by the Housing Forum. The aims of these policy reforms are to improve consistency and transparency in decision making, to provide a better fit between needs and resources and to respond, as far as possible, to the expressed preferences of individual households. The necessary legislative support will be included in the Housing (Miscellaneous Provisions) Bill which is currently being drafted.

Air Pollution. 466. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he has studied the results of air pollution monitoring at various locations throughout the country; if such results are expected to prompt him to take particular or specific action; and if he will make a statement on the matter. [21164/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael P. Kitt): Air quality assessment is the responsibility of the Environmental Protection Agency. The Agency’s most recent report on Air Quality in Ireland, published in October 2007, contains details of the monitoring and assessment of national air quality, and incorporates data from all air quality monitoring stations operated by the EPA. Monitoring in 2006 showed that air quality in Ireland is good and complied with the air quality standards in force for all pollutants. In addition there has been a significant downwards trend for major pollutants well below the standards with the exception of some mainly vehicular related emissions. I am keeping the position under close review and in this regard I look forward to receiving the 2007 Air Quality Report in due course.

679 Questions— 27 May 2008. Written Answers

[Deputy Michael P. Kitt.]

A key indicator from my Department’s Statement of Strategy 2008 — 2010 is progress in addressing emissions of transboundary air pollutants and maintaining high air quality standards. Accordingly, my Department has in place ongoing relevant initiatives and programmes, including the National Emissions Reduction Plan, a Voluntary Agreement with the Solid Fuel Trade Group, currently under review, and the recent introduction of Sulphur Content of Heavy Fuel Oil, Gas Oil, and Marine Fuels Regulations, 2008. In line with the commitment in the Prog- ramme for Government to expand the network of air quality monitoring stations, my Depart- ment will also shortly undertake a review of the existing network in consultation with the EPA.

Local Authority Housing. 467. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number of houses built and tenanted by the various local authorities in each of the past five years excluding those provided through or for voluntary housing agencies; his plans to meet the local authority need in the next four years; and if he will make a statement on the matter. [21165/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I refer to the reply to Question No. 425 of 22 April, 2008. The position is unchanged.

Local Authority Funding. 468. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he has received requests for funding under various headings from the various local authorities in 2008; the extent to which he expects to meet these requirements in full in 2008; and if he will make a statement on the matter. [21166/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I am providing some \999m in general purpose grants from the Local Government Fund to local authorities for 2008. These grants, notified to the authorities in December 2007, are my contribution to meet the difference between the cost of providing an acceptable level of day to day services and the income available to authorities from local sources and from specific grants. The amount being made available for these grants this year represents an increase of some \51.5m over the amount provided for 2007 and continues the trend of providing additional general funding to local authorities through the Local Government Fund. There are no additional resources available to me to increase general purpose funding to local authorities this year. I am satisfied that the allocations made, together with the income available to local authorities from other sources, will enable them to provide an acceptable level of service to their customers.

Water and Sewerage Schemes. 469. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the degree to which his Department has received communication from Kildare County Council indicating deficiencies in existing sewerage treatment works or proposing new schemes; the estimated costs and locations of such proposals; the extent of the deficiency in the existing facilities; the degree to which he proposes to provide funding for these projects in 2008; and if he will make a statement on the matter. [21168/08]

680 Questions— 27 May 2008. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Question Nos. 416, 419, 420, 423 and 424 of 22 April 2008. The position is unchanged.

Local Authority Funding. 470. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which funding has been sought from his Department by Kildare County Council and other local authorities in County Kildare in 2008 in the context of the capital housing programme; the degree to which he proposes to allocate funding under this heading to the local authorities concerned before the end of 2008 having particular regard to the fact that more than 4,000 families are already on the housing waiting lists; the extent to which he expects this waiting list to be reduced in 2008; and if he will make a statement on the matter. [21169/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): A total of \51,450,000 has been allocated to the local authorities in Kildare for the supply of social housing in 2008, which is broken down as follows:

Local Authority Main Allocation Traveller Accommodation Total \\\

Kildare County Council 45,000,000 450,000 45,450,000 Athy Town Council 4,000,000 Nil 4,000,000 Naas Town Council 2,000,000 Nil 2,000,000

Total 51,000,000 450,000 51,450,000

In addition, a further \13m has been allocated under the Capital Loan and Subsidy Scheme to support activity by the Voluntary and Co-operative Housing sector in County Kildare in 2008. These allocations took into account the housing need figures for the housing authorities in question and the discussions between the authorities and my Department in the context of the recently concluded round of Housing Action Plan meetings with housing authorities generally.

471. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he has received communication from Kildare County Council for specific funding under various headings in 2008; his proposals to meet such requirements in full; and if he will make a statement on the matter. [21170/08]

472. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which his Department gave financial commitments to Kildare County Council under various headings prior to the last general election; the degree to which such commitments have been delivered or are expected to be before the end of 2008; and if he will make a statement on the matter. [21172/08]

475. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he expects to be in a position to offer extra funding to Kildare County Council in 2008 with particular reference to the need to offset reductions in income arising from the downturn in the construction industry; and if he will make a statement on the matter. [21175/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 471, 472 and 475 together. 681 Questions— 27 May 2008. Written Answers

[Deputy John Gormley.]

I am providing some \999.2m in general purpose grants from the Local Government Fund to local authorities for 2008. These grants are my contribution to meet the difference between the cost to local authorities of providing an acceptable level of day-to-day services and the income available to them from local sources and from specific grants. The amount being made available for these grants this year represents an increase of some \51.5m or 5.4% over the amount provided for 2007 and continues the trend of providing additional general funding to local authorities through the Local Government Fund. Kildare County Council’s general purpose grant allocation for 2008 is \28,176,862, an increase of 6.42% over the 2007 allocation and is above the national average increase for 2008. General purpose grants to Kildare County Council have increased by some 224% since 1997, which is also well above the national average increase of 195% in the same period. There are no additional resources available to me to increase general purpose funding to local authorities this year. I am satisfied that the general purpose grant allocation I have provided to the Council for 2008, together with the income available to it from other sources, will enable it to provide an acceptable level of services to its customers.

Waste Management. 473. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his and the Government’s policy on waste management; the extent to which it is intended to provide facilities along such lines in each of the next four years; and if he will make a statement on the matter. [21173/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In line with the commitment given in the Programme for Government the review of waste policy, which is currently being initiated, will involve a comprehensive examination of a broad range of waste management issues, including infrastructural provision, particularly in the context of meeting the challenging waste diversion target that Ireland is required to meet under Council Directive 1999/31/EC on the landfill of waste. In the interim, my Department continues to provide grants towards the capital development of facilities such as bring banks, civic amenity sites, composting facilities and material recovery facilities. My Department will also continue to provide a subvention to local authorities to assist them in meeting the operational costs associated with the running of their recycling facilities.

Question No. 474 answered with Question No. 464.

Question No. 475 answered with Question No. 471.

476. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which the total domestic and other waste is being catered for by way of recycling, landfill or incineration; the extent to which it is intended to develop these services in the future; and if he will make a statement on the matter. [21176/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): National waste statistics for all waste streams are published by the Environmental Protection Agency (EPA) with the most recent National Waste Report being in respect of the year 2006. The following progress has been made in regard to waste recovery and recycling in the municipal waste stream in Ireland: the quantity of municipal waste (i.e. household and commercial waste) managed amounted to 3,100,310 tonnes in 2006 of which 1,980,618 tonnes was consigned to landfill with the remaining 1,119,692 tonnes sent for recovery, equating to an overall national

682 Questions— 27 May 2008. Written Answers recovery rate of 36.1%. In effect, our national target of 35% set for 2013 in the Government policy statement Changing Our Ways has been exceeded almost seven years ahead of schedule; household waste accounted for 1,773,246 tonnes of the municipal waste stream of which 1,379,246 tonnes was landfilled with 393,995 tonnes (22.2%) reported as being recovered in 2006. A significant challenge remains to achieve our national diversion target of 50% by 2013 as set in Changing Our Ways; a national recovery rate of 54.7% was reported for commercial waste with 725,697 tonnes recovered and the remaining 601,372 tonnes deposited to landfill. This represents a 5.3% increase in recovery on the 2005 figures; 57.3% or 589,519 tonnes of packaging waste was recovered in 2006 indicating that Ireland continues to exceed its 50% target required under Directive 94/62/EC on packaging and packaging waste and is well on the way to achieving its mandatory 60% target required by end 2011 under the amending Directive 2004/12/EC. A total of 438,952 tonnes of packaging waste was consigned to landfill in 2006; recovery operators reported that circa 28,000 tonnes of packaging waste was exported for use as a fuel in 2006; a total of 866,969 tonnes (38%) of biodegradable municipal waste was recovered in 2006 with the balance of 1,412,581 tonnes disposed of to landfill. Under the Landfill Directive (1999/31/EC) Ireland must restrict the landfill of biodegradable municipal waste to no more than 967,433 tonnes by 2010 and to no more than 451,469 tonnes by 2016. The roll- out of the “brown bin” will play a key role in diverting substantial volumes of organic waste from landfill to facilitate the achievement of the challenging targets under Directive 1999/31/EC on the landfill of waste. The Programme for Government clearly sets out the approach to waste management that will be reflected in national policy in the years ahead. It is firmly grounded in a continuing commitment to the waste hierarchy with a renewed drive towards the achievement of international best practice in the reduction, reuse and recycling of waste. This, coupled with an increasing emphasis on technologies for the mechanical and biological treatment of waste, will significantly reduce potential reliance on landfill and incineration. This commitment to the waste hierarchy has added significance in the context of the requirements of the Landfill Directive to divert biodegradable municipal waste from landfill. Meeting this obligation will entail doubling the existing level of diversion from landfill by 2010 and further increases in diversion in subsequent years. To assist the process of ensuring that our waste management system can act in support of these objectives my Department is currently initiating a major review of waste management policy as set out in the Programme for Government. The review will chart a new way forward. Given the need to accelerate movement away from landfill quite dramatically, we need to examine all the technologies that can contribute to optimising our environmental performance in relation to waste. The review will be designed, in addition, to support the necessary legal, institutional and policy framework to achieve international best practice in the management of our waste. If the outcome of the review indicates a need for significant legislative changes I will bring the necessary proposals to Government in this regard.

Local Authority Housing. 477. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he will review the local authority housing policy with a view to revising the system whereby voluntary housing agencies appear to cherry pick applicants with the acquiesc- ence of the local authority; and if he will make a statement on the matter. [21177/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Under my Department’s Capital Funding Schemes for voluntary and co-operative housing, funding of up to 100% of the approved cost is available for the

683 Questions— 27 May 2008. Written Answers

[Deputy Michael Finneran.] provision of permanent accommodation for low-income families and persons with special housing needs where all proposed tenants have been assessed by the housing authority as being in need of social housing. Approved housing bodies providing accommodation for persons with special housing needs, such as the elderly, homeless or persons with disabilities, may retain nominating rights for up to 25% of tenancies; in such cases, the terms of the Capital Assistance Scheme provide that funding is subject to a limit of 95% of the approved cost. The administration of the capital funding schemes, including the nomination of tenants from the authority’s housing list, is the responsibility of the relevant housing authority.

Question No. 478 answered with Question No. 95.

Grant Payments. 479. Deputy Michael D’Arcy asked the Minister for Communications, Energy and Natural Resources his views on introducing a grant scheme for wood log gasifiers, in view of the fact that there are over 14,000 farm foresters here and such a scheme would incentivise the use of this highly efficient technology for burning wood given that wood log gasifiers comply with the European standard EN303-5 and therefore should be eligible for grant aid under the greener homes scheme; and if he will make a statement on the matter. [21030/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Greener Homes Scheme which is administered by Sustainable Energy Ireland provides support to homeowners investing in a range of domestic renewable energy heating technologies including solar panels, biomass boilers and stoves and heat pumps. There has been a strong interest in the scheme since it was launched in March 2006. The Scheme is designed to consolidate the market for domestic renewable energy heating technologies, underpinning it with quality standards and training and providing for a long-term future for the sector that is not grant dependent. The aim is to ensure that the market for renewable energy products, services and fuels continues to develop strongly in a robust manner and that consumers continue to be guided towards discerning choices. The Greener Homes Scheme is continuing to evolve in light of maturing technologies and market developments. In that context the scope for adding further technologies such as wood log gasifiers is being kept under regular review.

480. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent of funding expected to be provided by his Department to improve the energy efficiency of domestic dwellings; and if he will make a statement on the matter. [21167/08]

482. Deputy Richard Bruton asked the Minister for Communications, Energy and Natural Resources the details of the recent grant announced for a pilot scheme of home insulation indicating the persons who can qualify; and the eligibility criteria for all other grants operated for householders by his Department. [20608/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 480 and 482 together. I launched the Pilot Home Energy Saving Scheme last month with a budget of \5 million for 2008. The Scheme, which is administered by Sustainable Energy Ireland (SEI), is designed to incentivise homeowners to improve the energy efficiency of their homes thus reducing

684 Questions— 27 May 2008. Written Answers energy use and greenhouse gas emissions. The Pilot Scheme is primarily aimed at older housing stock which is likely to be most in need of energy efficiency retrofitting. Clusters or groups of households are also included in the pilot Scheme. The Pilot Scheme will operate this year in three geographical areas — North Tipperary, Dundalk Sustainable Energy Zone and Counties Clare and Limerick (excluding Limerick City). The fourth module of the Scheme will not be restricted to any particular area and will focus on clustered households. Participating households will be assigned a Building Energy Rating (BER) assessor, which will provide a BER rating on the house and advise on the works that need to be carried out to improve its energy efficiency. The householder will pay a \100 contribution towards the cost of the BER assessment.he advice will relate to attic insulation, interior or exterior wall insulation, low-emissivity double-glazing, heating controls and a range of other energy efficient works. The Pilot Scheme will measure the impact of providing capital grant incentives in three of the four areas. In the Dundalk Zone it is planned to measure the impact of the availability of green loans from financial institutions to incentivise investment by householders. SEI is undertaking the pilot scheme in partnership with Local Energy Agencies and Local Authorities. There are no restrictions on eligibility for the Pilot Scheme, other than the geographical boundaries of the three pilot areas. However, if more applications under the four modules are received than can be accommodated, a form of selection process will be implemented. Preliminary estimates from SEI show that a household participating in the pilot scheme could save up to \500 in energy bills every year as a result of the energy efficiency investments undertaken. The pilot scheme is expected to result in reduced CO2 emissions of 6,000 tonnes per year, while the full \100 million scheme envisaged in the Programme for Government could be expected to yield CO2 savings of 175,000 tonnes per year. Decisions in relation to the roll- out of a national Scheme will be made in light of the Pilot Scheme and overall budgetary considerations. The Warmer Homes Scheme has been in operation for a number of years and provides support to low income households for insulation and other energy efficiency improvement measures. The scheme administered by SEI and is currently being implemented by 18 community groups. Eligible homes are identified locally via networks drawn from the statutory and voluntary sector. Eligibility criteria are determined locally and can vary from one area to another.

Inland Fisheries. 481. Deputy John Deasy asked the Minister for Communications, Energy and Natural Resources if he will extend the brown and silver eel fishing season from 1 June to 30 August to 30 September, to allow fishermen in the south east who use baited pots and are subject to tides and who cannot fish until 15 June when they have their bait to have a viable eel fishing season; if he has had discussions in this regard with eel fishermen in the south east; and if he will make a statement on the matter. [21204/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Fol- lowing scientific research, conducted by the International Council for the Exploration of the Sea (ICES), indicating that the European eel stocks are in a critical state, the European Council introduced Council Regulation 1100/2007, the objective of which is to achieve recovery of the stocks to previous high levels. The Regulation requires the Irish authorities to prepare a national Eel Management Plan by 31 December 2008 for implementation from 1 July 2009 at the latest.

685 Questions— 27 May 2008. Written Answers

[Deputy Eamon Ryan.]

Earlier this year, in light of the EU Regulation and the requisite changes that will need to be implemented in the eel fishery to protect and recover stocks, my Department invited proposals from the Fisheries Boards for appropriate conservation measures for introduction in 2008. Following consideration of the scientific and management advice, I introduced Con- servation of Eel Fishing (Annual Close Season) Byelaw No 297, 2008 that restricts the length of the seasons. This bye-law is a national conservation measure and there are no plans to extend the season. The affected fishermen have been kept abreast of developments through the regional fisheries boards.

Question No. 482 answered with Question No. 480.

483. Deputy Ciaran Lynch asked the Minister for Communications, Energy and Natural Resources if a licence is required and the cost of same in order to fish for rainbow trout in inland fishery lakes operated by regional authorities; if there has been a recent increase in fees; if concessions are available to the elderly, the young or the unwaged; and if he will make a statement on the matter. [20666/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Under the Fisheries Acts, primary responsibility for the management, conservation, protection and development of the inland fisheries resource rests with the Central and Regional Fisheries Boards. No licence is currently required for rainbow trout fishing. There is a permit charge however, applied by the South Western Regional Fisheries Board for fishing the board’s own stocked lakes. The determination of the level of the charge is a day-to-day operational matter for the fisheries board designed to contribute towards the cost of managing these facilities. I understand concessions are available.

Departmental Staff. 484. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the number of civil servants within his Department at the grade of assistant principal or higher; the number of whom were recruited to those roles from outside of the Civil Service; and if he will make a statement on the matter. [20670/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): There are currently 66 civil servants within my Department at the grade of Assistant Principal or higher one of whom was recruited to their current grade from outside the civil service.

Telecommunications Services. 485. Deputy Noel J. Coonan asked the Minister for Communications, Energy and Natural Resources the progress on the national broadband scheme; his views on whether it will achieve 100% coverage in North Tipperary; and if he will make a statement on the matter. [20999/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The procurement process for a National Broadband Scheme (NBS) is under way. The NBS will provide broadband services to areas that are currently unserved including any unserved areas in County Tipperary and will ensure that all reasonable requests for broadband are met. Homes and premises that are more difficult to reach are also being examined and potential solutions are being considered. Consequently, it is expected that all homes and premises in currently unserved areas will be offered a broadband service.

686 Questions— 27 May 2008. Written Answers

The first phase of the procurement process (Pre-Qualification Questionnaire (PQQ)) is now complete, and four candidates pre-qualified to enter the next phase of the procurement process. The four candidates were, in alphabetical order, BT Communications Ireland Ltd Consortium, Eircom Ltd, Hutchinson 3G Ireland Ltd and IFA/Motorola Consortium. Following the withdrawal of the IFA/Motorola Consortium as a candidate the remaining three candidates participated in “Competitive Dialogue” with my Department and are developing their proposed solutions to meet my Department’s requirements for the delivery of broadband to the unserved areas of the country. It is anticipated that a preferred bidder will be selected in July 2008, with rollout to commence as soon as possible thereafter. My Department has recently received notice of Judicial Review proceedings regarding certain elements of the NBS mapping process. These proceedings are currently before the Com- mercial Court and due for hearing on 10 and 11 June 2008. A speedy conclusion of the matter has been requested in order to advance the NBS as quickly as possible.

Greenhouse Gas Emissions. 486. Deputy Noel J. Coonan asked the Minister for Communications, Energy and Natural Resources the progress made on the commitment in the programme for Government to reduce greenhouse gas emissions by at least 2 million tonnes per annum; and if he will make a statement on the matter. [21000/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Under the Programme for Government we are committed to the implementations in full of the National Bioenergy Action Plan for Ireland. The Plan sets a range of actions and targets to 2020 for the sustainable development of Ireland’s bioenergy potential. The cumulative effect of these actions over the period has the potential to deliver reductions of greenhouse gas emissions by at least 2 million tonnes per annum by 2020. In the electricity sector there is now over 1,100 Mega Watts of renewable generation capacity connected to the grid and over 9 per cent of electricity is being generated from renewable sources. Ireland is on course to exceed the 33% target for electricity from renewable energy by 2020. The 2010 target of 5% renewable share in the heating sector will be met, primarily as a result of the Greener Homes Scheme and the commercial Renewable Heat Programme, and we have set a further target of 12% renewable share in the heating sector for 2020. In relation to the sustainable deployment of biofuels in the transport sector, progressive delivery on the 8.75% target for 2010 is being supported through the biofuels excise relief scheme. Our biofuels target for 2010 and 2020 will be further underpinned by the introduction of the Biofuels Obligation which will be the subject of public consultation shortly and which will take full account of EU developments in relation to biofuel sustainability.

Fuel Prices. 487. Deputy Noel J. Coonan asked the Minister for Communications, Energy and Natural Resources if he will compare the average price of diesel at present with the average price of diesel in May 2007; the reason for the hike in price; his plans to reduce the price in the future; and if he will make a statement on the matter. [21001/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I have no function in relation to controlling the price of oil, diesel or petrol. The Irish oil industry is fully privatised, liberalised and deregulated. There is free entry into the market. Prices at the

687 Questions— 27 May 2008. Written Answers

[Deputy Eamon Ryan.] pump reflect market factors such as global market price, transportation costs, Euro/Dollar fluctuations and other operating costs. The Competition Authority is a statutory independent body with specific responsibility for the enforcement of competition law. The National Consumer Agency has specific statutory responsibilities for protecting the rights of consumers. Both have responsibility for ensuring that competition works optimally for the benefit of consumers throughout the country. EU price figures published on 19th May, 2008, show that the average price of diesel in Ireland in April was \1.248 per litre. The corresponding figure for April published in May 2007 was \1.072 per litre. Traditionally, diesel has been less expensive than petrol in Ireland at the forecourts. This was due to the fact that the international prices for both products were at a similar level, and excise duty is lower on diesel. The excise differential in favour of diesel is 7.46 cents. The international price of diesel is determined by supply and demand, and the increase in demand for diesel which is taking place both within Europe and in China and other rapidly-developing economies world-wide, has pushed up the international price for diesel above the price of petrol. The increase in the demand for diesel has led to a shortage in European refineries, and diesel is now being sourced from farther afield, particularly from Russia. The International Energy Agency (IEA) has also reported that US refiners have been producing substantially more petrol than usual and domestic US stocks are very high. These factors are likely to have curbed flows of exports of petrol from Europe to the US, leaving Northwest European petrol stocks above average. The combination of all of these market factors has contributed to the rise in European diesel prices relative to petrol.

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