Vol. 609 Wednesday, No. 1 2 November 2005

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Wednesday, 2 November 2005.

Business of Da´il……………………………… 1 Ceisteanna—Questions Minister for Enterprise, Trade and Employment Priority Questions …………………………… 1 Other Questions …………………………… 17 Adjournment Debate Matters …………………………… 32 Leaders’ Questions ……………………………… 33 Ceisteanna—Questions (resumed) Taoiseach ………………………………… 49 Requests to move Adjournment of Da´il under Standing Order 31 ……………… 62 Order of Business ……………………………… 64 Social Welfare Consolidation Bill 2005: Motion …………………… 71 Health and Social Care Professionals Bill 2004 [Seanad]: Order for Report Stage …………………………… 72 Report and Final Stages …………………………… 72 Private Members’ Business Irish Unification: Motion …………………………… 97 Adjournment Debate Industrial Relations …………………………… 131 Criminal Prosecutions …………………………… 139 Questions: Written Answers …………………………… 145 1 2

DA´ IL E´ IREANN

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

TUAIRISC OIFIGIU´ IL OFFICIAL REPORT

Imleabhar 609 Volume 609

De´ Ce´adaoin, 2 Samhain 2005. Wednesday, 2 November 2005.

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Chuaigh an Leas-Cheann Comhairle i gceannas ar 2.35 p.m.

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Paidir. Prayer.

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Business of Da´il. the decisions of ICTU and SIPTU to defer entry An Leas-Cheann Comhairle: Deputies should to talks on a new social partnership agreement, note the reason for the delay was that the House the steps he has taken and the proposals he has cannot commence proceedings until a quorum is formulated to address concerns regarding the present. protection of workers’ jobs, pay and conditions of employment from displacement in favour of cheap labour involving the exploitation of non- Ceisteanna — Questions. national workers; and if he will make a statement on the matter. [31717/05] Priority Questions. Minister of State at the Department of ———— Enterprise, Trade and Employment (Mr. Killeen): I propose to take Questions Nos. 100 Social Partnership. and 101 together. 100. Mr. Hogan asked the Minister for A comprehensive body of employment rights Enterprise, Trade and Employment the initiatives legislation is already in place. It has as its objec- he intends to take to improve employment stan- tives the protection of employees against arbi- dards as requested by the Irish Congress of Trade trary behaviour by employers, provision for the Unions in the context of the renewal of social safety and health of workers and to foster labour partnership; the progress or otherwise that is market harmony by promoting policies that mini- being made in the dispute between Irish Ferries mise conflict and maximise fairness. While recog- and SIPTU; and if he will make a statement on nising the exceptional circumstances which have the matter. [31861/05] arisen in the maritime sector, it is important to remember that all labour law on the Statute Book 101. Mr. Howlin asked the Minister for applies to non-national workers working in this Enterprise, Trade and Employment, in view of country in the same way as it applies to Irish 3 Priority 2 November 2005. Questions 4

[Mr. Killeen.] dialogue in the context of the partnership workers. If a non-national worker feels he or she process. is being treated by his or her employer in a way I understand that the Irish Ferries dispute has which breaches any employee protection legis- been referred to the Labour Court, an indepen- lation, it would be open to him or her to refer a dent statutory body that acts independently in case for adjudication to a quasi-judicial body or carrying out its functions. I have no function person such as a rights commissioner, the Labour regarding the decision-making process of the Court or the Employment Appeals Tribunal. court. Following the announcement on 12 April last, 31 inspector posts are sanctioned for the labour Mr. Hogan: Will the Minister of State comment inspectorate. This represents almost a doubling of on the fact that, in the context of Irish Ferries the complement of inspectors in the past 12 changing its workforce in a very unorthodox months and is indicative of the Government’s fashion, the Taoiseach cast doubt in the House determination to ensure compliance with employ- on the legality of its conducting its business in ment rights legislation. such a manner? Has the Taoiseach or the Mini- Apart from strengthening staff resources, other ster of State checked the legality of the move by initiatives are also under way. Arising from a Irish Ferries to change its workforce from commitment in Sustaining Progress and to assist indigenous Irish to migrant labour? Is that now in the preparation of proposals for consideration legal? If not, does the Minister of State intend to by Government, a discussion document was pre- change the law to prevent the activity in question pared by the labour inspectorate on its mandate from proceeding? and resourcing. The document covered the full The Minister of State said that approximately range of issues that impact on the operation of 40 issues relating to employment law and stan- the labour inspectorate, extending from the legis- dards were being considered in the context of lative framework through to operational aspects partnership. What is the Department’s thinking and staff development. It has been well received on those issues, and will the Minister of State spare us from having to rely on people involved among the social partners and the parties are well with the social partners to acquaint us of the advanced in their consideration of the proposals, issues under consideration? The democratic pro- of which there are in excess of 40. The objective cess of this House requires that he inform it of is to formulate a set of recommendations for the 40 ideas that he has said are being considered. Government and it is intended that the process will feed into and complement any future part- Mr. Killeen: The Deputy has raised several nership discussions. issues. In the first instance, any legislation that On 24 May last, I announced a programme of might arise would clearly be a matter for the action in response to the report and recommend- Department of Communications, Marine and ations of the review group on the role and func- Natural Resources. However, I had a meeting tions of the employment rights bodies and follow- with the Minister of State at the Department, ing consultations with the various interested Deputy Gallagher, and subsequently with parties. This included the establishment of an officials from it and the Department of employment rights group, ERG, comprising rep- Enterprise, Trade and Employment on these resentatives of my Department, the employment issues. As Deputy Hogan said, legal advice was rights bodies and the social partners. The ERG is sought on a range of issues. to consider how best to simplify and streamline The suggestions and recommendations made the complaints, appeals and enforcement pro- during Question Time a few weeks ago were pur- cedures and documentation across the various sued at European and other levels. No definite employment rights bodies. It will also examine decisions have been made in that regard, but the the extent to which common procedures and a matter is being followed up by the Department of simplified approach to the conduct of hearings or Communications, Marine and Natural Resources. investigations can be adopted, leading to pro- There have already been more than 40 recom- cedural simplification and improved customer mendations which will be brought to the attention service. Its work should be completed by the end of the House at the appropriate time. Some of of next year. them concern resourcing and others additional The concerns expressed by the Irish Congress legislation or amendments to existing laws. Some of Trade Unions and SIPTU to which the Deputy are fairly simple and others quite complex. They refers raise complex legal and policy issues. The deal with the resourcing and mandate of the Government is, however, committed to taking labour inspectorate. whatever steps are feasible, through legislation or otherwise, to develop in partnership with the Mr. Howlin: The Taoiseach wrote to the pres- ICTU and employers a meaningful package in the ident of the ICTU outlining his views on the pro- area of enhanced employment standards gener- tection of workers. That was found wanting and ally. Those issues can best be advanced through both the Irish Congress of Trade Unions and 5 Priority 2 November 2005. Questions 6

SIPTU have declined the invitation to participate in the year and subsequently the positions were in talks on a successor agreement to Sustaining advertised. There were not sufficient candidates Progress. Has there been any further communi- on the first round of interviews. A second round cation from the Taoiseach to the ICTU to clarify of interviews was held and completed in the his position? middle of October. I understand the positions will The Minister of State seems to believe that the now be filled. The inspectors will have to be Irish Ferries dispute is a unique aberration in this trained and that process will have to be country’s labour relations. Has the exchange of undergone—— legal views between the ICTU and the Depart- ments that the Taoiseach told the House was tak- Mr. Howlin: My question was about how many ing place actually happened? What is the current were in place. legal situation? Does the position that the Taoiseach relayed to the House on 26 October, Mr. Killeen: I will find out the exact infor- that it would be extremely difficult in Irish and mation for the Deputy. I understand that some international law to deal with the issue of re-flag- from the first round may already be in place. ging, remain the Government’s view? Those appointed from the second round have not Regarding the Minister of State’s reply that 31 been trained as yet. However, the process of labour inspectors have now been authorised, how short-listing and choosing the applicants has many are in place? Does he believe that even if been completed. all 31 were in place, this would be adequate to monitor a workforce that has now exceeded 2 Mr. Hogan: The matter does not appear to be million? that urgent given it is five or six weeks since the Taoiseach indicated that legal advice would be Mr. Killeen: Subsequent to the Taoiseach’s let- required. I am surprised the Minister of State has ter to the ICTU, the Minister for Enterprise, not got legal advice that he can impart to the Trade and Employment, Deputy Martin, had House or indicated that the legal process has meetings with SIPTU on 20 October. On the been completed. It does not seem to be urgent. It same afternoon, the ICTU had a meeting with the has placed the partnership talks under scrutiny Taoiseach on this and a number of other issues. and raised a doubt about the process itself because it has taken so long to get this legal Mr. Howlin: Were those meetings with the advice. Taoiseach or Deputy Martin? Can the Minister of State make an assessment as to where matters stand as regards a new part- Mr. Killeen: Initially, the meetings on 20 nership agreement in the light of this dispute and October were between SIPTU and Deputy the lack of clarity by the Taoiseach over the cor- Martin. On the same day, however, the ICTU had respondence with the president of SIPTU? Does a meeting with the Taoiseach on this and a range he believe the current partnership process should of other issues, though principally, perhaps, on be reformed if a new national agreement is to be this issue. Deputy Howlin is of the view that I arrived at within the coming months? consider the Irish Ferries case to be a unique aberration. It is fair to say that the set of circum- Mr. Killeen: The Taoiseach has informed the stances apply to maritime law and the enforce- House of the up-to-date situation as regards legal ment of Irish industrial legislation outside the advice. Legal advice has been sought across a jurisdiction. Members of the House are aware of range of issues including the implications for the situation in that regard. redundancy payments and international maritime The Department has not received a notice of law as well as those which might arise if flagging redundancy from Irish Ferries at this stage nor is were to be undertaken either within or outside there any indication that it will. The Taoiseach the EU. The Taoiseach has answered questions has indicated that the situation is extremely diffi- on all of these issues and there is no more up-to- cult as regards taking any of the actions stipu- date information available. lated, some of which were proposed in this House Deputy Hogan believes there is a doubt about when the matter was discussed on a private notice the future of partnership. I assure him that the question and some of which were raised sub- Government is entirely committed to ensuring sequently. It continues to be extremely difficult. that the partnership process continues and that However, the Government is committed to ensur- every effort is being made to ensure that the next ing that if any means can be found to address the round gets under way as soon as possible. Not- crisis, it will take whatever action is available to withstanding that considerable difficulty has it. At this stage it is not clear what effective action arisen, mainly from the Irish Ferries dispute, this is available to the Government as regards the has been addressed. The Taoiseach has met international maritime law. SIPTU. I am to meet the ICTU this afternoon as Deputy Howlin asked about the number of regards related issues and I am sure this matter inspectors. The announcement was made earlier will be raised at that stage, too. There is no lack 7 Priority 2 November 2005. Questions 8

[Mr. Killeen.] for the delay in bringing forward legislation to of clarity on the Government position. It is establish the national consumer agency; the time- entirely committed to the process of partnership. scale for the appointment of a new chairman of Should the issue of reform arise, I am sure this the Competition Authority; the timescale for the will need considerable debate. In the interim, a appointment of a new Director of Consumer better model has not been presented by anybody. Affairs; and if he will make a statement on the It is clearly in the interests of everybody in the matter. [31862/05] State that every effort is made to ensure that the partnership process continues. Minister for Enterprise, Trade and Employ- ment (Mr. Martin): Given the importance of the Mr. Howlin: I will pursue that matter again. national consumer agency, NCA, to the develop- The Taoiseach told the House on 26 October, ment of future consumer protection policy, it is that the Attorney General was looking at a legal vital that the legislation is framed to ensure the way to address this issue. Will the Minister of NCA has sufficient powers and functions to State give the House a progress report on that? enable it to carry out its role as a forceful advo- Given the degree of urgency which should be cate on behalf of the consumer, as envisaged by attached and which I thought the Government the consumer strategy group. In addition to set- attached to this issue which is the foundation of ting up the NCA, I will take the opportunity in our economy in terms of the social partnership the legislation to update the existing code of con- model that has worked effectively for 18 years sumer protection law, some of which is more than now, if the social partnership is under threat 100 years old, as also recommended by the con- because of the actions of one sole rogue operating sumer strategy group. Furthermore, the legis- company, surely we should have a definitive view lation will seek to transpose the recently promul- as to whether legal action is possible at this stage. gated European directive on unfair business to What views, even in a preliminary way, has the consumer commercial practices, one of the most Attorney General given to the Minister of State significant directives in the area of consumer pro- on this issue? What is the status of the commit- tection, into national law. ment given by the Taoiseach to examine the Given the scope of the legislation, its prep- Labour Party Bill, which has been examined by aration will take time. It is my expectation, international lawyers and seems to be a work- however, that the legislation will be published in able solution? the latter half of next year and that the national consumer agency will be up and running early in Mr. Killeen: I am sure the Taoiseach will fulfil 2007. In the meantime, I have appointed a board his commitment to examine the Labour Party to the agency to act in an interim capacity. Since Bill. The legal advice received since 26 October its appointment, it has been active in putting the indicates there is no easy way to address the diffi- consumer’s case on issues such as the debate on culties that have caused problems for the ICTU the future of the groceries order. I am confident in terms of participation in social partnership. the interim board will continue to be a forceful There are clearly difficulties for the Government advocate for consumers in ensuring their voices also. Most of the issues in question arise in the are heard. area of international maritime law in respect of With regard to the timescale for the appoint- which this country cannot unilaterally make ment of a new chairperson of the Competition changes. None of the legal advice indicates such Authority, the Competition Act requires that the a course of action is open to the Government. recruitment process be undertaken by the public I imparted to the House on a previous occasion appointments service. However, the vacancy has the legal advice we received in regard to the been advertised both nationally and inter- redundancy situation. There has been no request nationally, and consultants, Pricewaterhouse- from the company in question in terms of the Coopers, have been engaged to carry out an redundancy scheme. Until such is received, it is impossible to be definitive in this regard. executive search for suitable candidates. The public appointments service is arranging for a Mr. Howlin: Will the Minister of State share high level board to conduct competitive inter- the Attorney General’s advice with the views. However, in view of the high profile of this Opposition? post and the worldwide scope of the executive search for suitably qualified candidates, it is An Leas-Cheann Comhairle: Question No. 102 unlikely an appointment will be made until 2006. is in the name of Deputy Eamon Ryan. As the The Office of the Director of Consumer Affairs Deputy is absent, the question cannot be taken. continues in existence until such time as it is incorporated into the new agency. The Director of Consumer Affairs continues to perform her Departmental Bodies. enforcement functions to guarantee the protec- 103. Mr. Hogan asked the Minister for tion of consumer rights. I understand she has Enterprise, Trade and Employment the reason been approached in regard to a possible appoint- 9 Priority 2 November 2005. Questions 10 ment to another position. No decision has been Estimates assessment will reflect that in due made in this matter, however, and the question course. of appointing a successor does not therefore arise It is correct, therefore, with regard to the legis- at this time. The Government is determined that lation to be put in place, that we do not simply policy in the areas of competition and consumer deal with the establishment of the consumer protection is robust and is fully developed to agency but we also transpose that important meet the needs of the modern marketplace and directive into law. It is an important consumer the modern consumer. protection measure. We must also update con- sumer law. In the meantime, the Office of the Mr. Hogan: Does the Minister accept that the Director of Consumer Affairs is not an inept Government voted down a Fine Gael proposal in body. It has clear statutory functions to discharge November 2003 which aimed to establish a con- and legislation has been passed to increase the sumer rights enforcer, similar to the agency advo- fines the office can levy in penalties. This, too, cated by the consumer strategy group? On its was recommended by the consumer strategy announcement, the Minister stated the national group. consumer agency was important and urgently There is a unit in the Department dealing with required. A year and a half later, however, the this issue. Resources have been allocated for relevant legislation has not been produced. There people to work on the legislation and it will be a is no evidence of urgency in terms of the import- substantial measure. Obviously it is reasonable ance of ensuring some mechanism of redress for that it should take that length of time. consumers. It is unacceptable to delay until the latter half of 2006 the establishment of an agency Mr. Hogan: After nine years in office it is clear that is long overdue. Consumers effectively have today that there is no consumer policy. The Mini- no right of redress or of complaint at present. ster announced last May that he would establish Does the Minister accept that he appears to a new agency and that the required legislation have decided to merge the Office of Director of would be presented to the House a year and a Consumer Affairs with this national agency? half later. The Minister has stated that he will Would it not be better to state that explicitly now bring forward legislation in the latter half of 2006, and not allow this inept body, the Office of Direc- which will be October or November in 2006 tor of Consumer Affairs, to continue in existence without knowing its future? unless the House sits during the summer recess next year or there is some other interruption to the Minister’s schedule. Mr. Martin: I reject the Deputy’s assertions. We said on the publication of the consumer The national consumer agency is an important strategy group’s report in May that it would take development for consumer protection. The Mini- time to produce the legislative template for the ster should take a more urgent approach to put- new national consumer agency. That is why, ting in place an agency to advocate on behalf of almost immediately, we took steps to establish an consumers and, similar to the Ombudsman, to interim board of the agency. It has already been offer consumers the opportunity to seek redress. forceful in articulating and advocating on behalf The Minister should use his good offices in of the consumer, for example, with regard to the Government to fast-track this process. It is most debate on the groceries order. important because people are not getting the benefit of good consumer protection at present. Mr. Hogan: It has not. The appointment of the chairman of the Com- petition Authority is most important in the con- Mr. Martin: It has. text of policing consumer issues and with regard to mergers and takeovers. There is a vacuum in Mr. Hogan: It has not. That was in the con- the chair of the authority at present and most of sumer strategy group’s report. the members of the authority are not involved in business or consumer activities. Does the Mini- Mr. Martin: It has made submissions and so ster have any plans to reform the Competition forth. Authority or to strengthen competition law in the context of the appointment of a new chairman? Mr. Hogan: The group made its views known This would make it easier for consumers to secure before being appointed to the interim board. The a better deal in the marketplace. Minister should get it right. Mr. Martin: The Competition Authority has Mr. Martin: No, the consumer agency advo- been an effective body. The chairperson has cated in a vigorous fashion on behalf of the con- moved on to a new position—— sumer in the groceries order debate. It has also been in discussions with the Department with Mr. Hogan: There have been no prosecutions regard to its plans for the coming months. The or fines. 11 Priority 2 November 2005. Questions 12

Mr. Martin: He was an exceptional performer. a different perception of it, specifically within the European Commission’s rules. We have seen the Mr. Hogan: He talked a lot. difficulties in getting certain projects in Intel and others developed. Is that a signal from the Com- Mr. Martin: He retired from the post on 5 mission or from the European Union of a change October. It is reasonable—— of policy on ’s policy in this area? Given the failure of other countries to attract similar Mr. Hogan: Did the Minister know he was levels of foreign direct investment and given the leaving? concern about our lower tax rate, even though I would contend that their effective tax rate due Mr. Martin: One cannot do anything until the to reductions for research and development and person actually leaves the position. other expenditure may be as low, if not lower, than ours, does the Minister sense that there is a Mr. Hogan: He could have told the Minister political problem for this State in dealing with the in advance. European Union or with our European col- leagues in terms of attracting support for our Mr. Martin: The search is under way for a policy, particularly for having applications for replacement. Any analysis would indicate that the capital grant support accepted, as in this case? authority has been an effective and powerful body in terms of advocacy for competition in the Mr. Martin: The issue is as follows. The Euro- economy generally. pean Commission and its officials must operate in the context of the regional aid guidelines and Mr. Hogan: The Minister should look at the multisectoral framework that have been passed replies he gave to my questions last week. by the member states. Ireland entered a number of submissions on that, particularly for large pro- An Leas-Cheann Comhairle: As Deputy jects. There was a footnote attached to the multi- Eamon Ryan has arrived in the House and it is sectoral framework which we argued should still within the time allocated for Priority Ques- allow for innovation in terms of large-scale pro- tions, I call his Question No. 102. jects, even where the company may have a domi- nant share of the market. In one previously highly EU Funding. publicised case, that argument did not win through. 102. Mr. Eamon Ryan asked the Minister for The number of projects caught up in this sort Enterprise, Trade and Employment the grounds of multisectoral framework is few. The majority on which he has made an application to the Euro- of projects do not necessitate notification. Notifi- pean Commission for grant aid to Centocor; the cation can be necessary under a range of criteria. amount of Government funding already commit- ted to the project and the consequences for the Enjoying in excess of 25% of market share is a ongoing construction of the plant should grant aid key one and it is one which affects this case. We be refused. [32015/05] are engaged with the Commission at present, answering questions and responding with infor- Mr. Martin: Member states are obliged to mation on the market share of the company notify for approval all projects which exceed the concerned. threshold provided for in the multisectoral frame- The issue the Deputy has raised is more work for large investment projects. general. It is not a political problem for Ireland 3 o’clock The aid in this case exceeded the vis-a`-vis the Commission. It is really about the threshold and accordingly had to be competitive position of Europe vis-a`-vis other notified to the European Commission, and dis- trading blocks across the globe and in terms of cussions are ongoing. overall globalisation. The amount of Government funding already We in Ireland have a view and have made a committed to the project is a confidential matter submission to a review being undertaken of those between the Government and the company regional aid guidelines and the new multisectoral involved. It would be wholly wrong of me to framework for large investment projects. We breach this trust. Construction of the plant has have made the point that Ireland often wins these already commenced. projects not from European member states but from countries in Asia, South America or else- Mr. Eamon Ryan: I thank the Leas-Cheann where. We submitted that this point should be Comhairle and apologise to the Minister for taken on board and that Europe as an entity must being slightly late to ask the question. be competitive and must face up to competition I want to broaden the matter. We have been in terms of effective corporation tax rates in the remarkably successful as a location for foreign context of the state aid policies of non-EU coun- direct investment. I am querying whether the suc- tries. We have concerns about that overall cess of that policy is possibly being threatened by position. 13 Priority 2 November 2005. Questions 14

The good news is that the significant players Mr. Martin: The decision to appoint the chief see Ireland as an attractive location for industry science adviser was made by the Government as and for high-end activities. The activities plan in part of a package of measures in the area of this respect is relatively good for 2005. I have science co-ordination and oversight. These accompanied IDA Ireland on a number of trade measures were agreed by Government in June missions and we are working hard to position 2004 and included the following: the establish- Ireland as an attractive location. That continues ment of a Cabinet Sub-Committee on Science, to be the position. Technology and Innovation; the establishment of an interdepartmental committee to support the Mr. Eamon Ryan: When does the Minister Cabinet committee in its work; the creation of the expect to get a decision from the Commission in post of chief science adviser to the Government; this regard? Can he indicate whether he expects and the putting in place of a new Advisory that decision to be favourable or negative? If Council for Science, Technology and Innovation, there were to be a negative response to it, what comprised of stakeholder interests from academia would be the implications for the project in ques- and enterprise. The chief science adviser is con- tion or a similar project? I do not want to go into tracted to Forfa´s and reports to the chief execu- the specifics of a commercial operation. If grant tive of Forfa´s in respect of his day-to-day func- aid is not allowable, what are the implications for tions. He reports to the Cabinet Sub-Committee projects such as this when they have already on Science, Technology and Innovation in respect proceeded? of his advisory functions.

Mr. Martin: There are two stages to the Mr. Howlin: Will the Minister answer the ongoing engagement with the Commission. As a question? first stage, the Commission must make a decision as to whether to open the issue to full, formal Mr. Martin: As regards the filling of the posi- investigation, in which submissions are received tion of chief science adviser, there were particular from others who may have an interest in the circumstances surrounding this matter. The issue. This is a process that can take some time. Government was aware of the availability of a We hope it will not be necessary in this case but specific individual with a particular background I do not want to be seen to pre-empt the dis- and experience of relevance to the position of cussions and the exchange of information which chief science adviser. That individual was retiring are ongoing between ourselves and the from a post in the European Commission at Commission. director general level. The post in question was that of director general of the European Com- Mr. Hogan: That would be terrible. mission’s Joint Research Centre. The Joint Research Centre employs over 2,000 staff and Mr. Eamon Ryan: What if we do not get a covers a broad range of scientific and technologi- decision in our favour? cal areas including energy research, food safety and quality, and chemicals. Mr. Martin: There is little point going into the The individual had previously worked for the realm of speculation. “So far, so good” is how I European Commission as head of the unit would term the way we are operating within the responsible for the Marie Curie research fellow- multisectoral framework. We have strong relationships with many of the companies which ships. Prior to his employment in the European have established in Ireland and which may be Commission, he had been responsible for establishing new phases to their development Ireland’s first national biotechnology programme, here. We want to maintain that relationship. I BioResearch Ireland. He had also held a number cannot speculate in terms of what may happen. of positions in industry, as a clinical biochemist at However, it is important that, at a pan-European Our Lady’s Hospital for Sick Children, Crumlin level, we take a more competitive approach to and as senior research biochemist at the Wolfson Europe’s global competitors in terms of the Research Institute, Birmingham. As such, the attraction of mobile international investment. individual had an extensive range of experience and a track record across a spectrum of science and technology disciplines in the public and Departmental Appointments. private sector, nationally and at European level. 104. Mr. Howlin asked the Minister for That experience and track record matched very Enterprise, Trade and Employment the reason well with the multidisciplinary nature of the posi- applications for the position of chief science tion of chief science adviser. adviser were not invited and the position was not The prospective availability of the individual in advertised; the number of such positions filled by question coincided with the finalisation of the his Department in this way without advertise- overall package of measures on science and tech- ment or competition; and if he will make a state- nology co-ordination and governance which I ment on the matter. [31718/05] have just described. Following consideration of 15 Priority 2 November 2005. Questions 16

[Mr. Martin.] programme for research in third level institutions the experience and track record of the individual, and the creation of Science Foundation Ireland. and in the context of its consideration of these Last week, I met the chief science adviser, not measures, the Government approved the creation to present several questions as has been described of the position of chief science adviser. Arising or to set a target of seven days, but rather because from these unique circumstances, the position I received several parliamentary questions, aris- was not filled by way of competition and was ing from an article in a particular newspaper, per- exceptional in this regard as far as my Depart- taining to one of his academic qualifications. I ment is concerned. pointed out to him that this raised concerns among parliamentary colleagues and that it Mr. Howlin: In a previous reply to Deputy needed to be dealt with in a comprehensive and Hogan, the Minister referred to the appointment substantive way. I also explained to him that I of the Director of Consumer Affairs as being of was receiving follow-up correspondence from a such importance that a worldwide search would Deputy. Regarding the specific academic qualifi- have to be carried out independently by the cation in question, I explained to him that I Public Appointments Service, so critical was that needed to have information to me available to job to the economy. Does the Minister regard the deal with that issue. The chief science adviser job of chief science adviser, one of the pillars of undertook to do this and this matter is ongoing. the approach of recognising science as a pivotal part of Ireland’s economic future, in the same Mr. Hogan: So he is not qualified. light? Would it not have been best to advertise to Mr. Howlin: The Minister’s reply was a long find whether a more suitable candidate was avail- one to a simple and straightforward question on able, rather than simply selecting one individual, the advertising of a post. The principal academic as exemplary as the Minister obviously believes qualification, the PhD held by the chief science the candidate to be? adviser, is in question. Is the Minister satisfied An Irish Independent article of 31 October that the awarding university, the Pacific Western stated the Minister met with the chief science University, is acceptable for the prestigious post adviser last week to present him with a series of of chief science adviser? Has the Minister inde- questions and requested that he clarify the posi- pendently checked the university’s record, its tion within seven days. Is this the case? Did the capacity and its recognition within the academic Minister meet with the chief science adviser? community in the US, or is the Minister entirely What questions did the Minister pose to him? dependent on the view given by the chief What concerns has the Minister in regard to his science adviser? position? Mr. Martin: No, I am not dependent on his Mr. Martin: At the time the Government was views. The National Qualifications Authority of satisfied there was a need to give momentum to Ireland, the body responsible for accreditation in science co-ordination policy and the general Ireland, was asked to assess the bona fides of science agenda. this institution.

Mr. Howlin: Why was the position not Mr. Howlin: What was the authority’s view? advertised? Mr. Martin: Its view was that it did not have Mr. Martin: A situation arose within the Com- accrediting powers within the US. In our dis- mission where an individual was readily available cussions with the chief science adviser, his view to fill the position of chief science adviser. He was that the body he dealt with at that time is occupied a significant post in the Commission, vastly different from the one in place now. under which a significant number of people were employed in a research facility. He had a track Mr. Howlin: What body? record with the establishment of BioResearch Mr. Martin: There is an issue of due process in Ireland and is well thought of in academia and this case. government circles. Mr. Hogan: He is on the way out then. Mr. Hogan: Why was he leaving the Com- mission then? Mr. Martin: I am anxious to bear this in mind when considering the individual’s position, partic- Mr. Martin: It made sense at the time, with the ularly as he has a significant track record in public other measures taken in science and technology positions both in Ireland and the European Com- policy, to create the position of chief science mission. I put the position we received from the adviser. In a short time, many positive devel- National Qualifications Authority of Ireland on opments have taken place in research, such as the that body in the US to the chief science adviser. 17 Other 2 November 2005. Questions 18

Mr. Hogan: That does not sound good. will require primary legislation, a board has been appointed to act in an interim capacity until the Mr. Morgan: I wish to raise a point of order. new agency is established on a statutory footing. The Deputy will be aware that since its appoint- An Leas-Cheann Comhairle: What is the point ment the interim board has been active in terms of order? of articulating the consumer’s case on issues such as the groceries order. In addition to being a Mr. Morgan: I need guidance as to whether the forceful advocate on behalf of the consumer, the Chair has jurisdiction over the transfer to another interim board, as part of its terms of reference, Department of parliamentary questions placed will have a key role in preparing the way for the with the Department of Enterprise, Trade and fully operational agency itself. Employment. The other significant recommendation in the consumer strategy group report related to the An Leas-Cheann Comhairle: It has been abolition of the groceries order. The Deputy will repeatedly stated that the Chair has no responsi- be aware that following the publication of the bility with regard to this issue. report my Department embarked upon a public consultation process on the future of the order. Mr. Morgan: A Leas-Cheann Comhairle, In excess of 550 submissions were received in the unfortunately the effect is that a member of the course of the consultation process. public, who is not a Member of this House, has more access to accurate information from the Mr. Howlin: Will we deal with Question Minister through a freedom of information No. 107 on the groceries order? request than a Member of this House through a parliamentary question. I find that grossly Mr. Martin: No, this is a recommendation of unacceptable. the consumer strategy group. I will deal with whatever issues the Deputy wishes me to deal An Leas-Cheann Comhairle: The point has with. been made clear on numerous occasions. I call Those submissions have been examined and I Question No. 105. met with various groups in the last month to dis- cuss the groceries order. I intend to bring a report Mr. Morgan: The Minister should rethink his to Government detailing proposals in relation to position on this matter. It is grossly unfair to the future of the order shortly. Members of this House. Through freedom of In addition to the above mentioned recom- information requests, members of the public have mendations, I have accepted a number of the con- more access to accurate information than sumer strategy group’s recommendations relating Members of this House have through parliamen- to my Department, some of which have already tary questions. The parliamentary question been implemented. For example, the fines for system defies logic. It is ridiculous. breaching consumer protection laws have recently been significantly increased. The funda- Mr. Howlin: Hear, hear. mental review of the existing code of consumer protection law, as recommended by the consumer Other Questions. strategy group, is already under way and additional resources have been dedicated by my ———— Department to this task. The consumer strategy group report contains more than 30 separate recommendations involv- Consumer Strategy Group. ing a variety of different Departments and agen- 105. Mr. Gilmore asked the Minister for cies whose activities directly impact upon the Enterprise, Trade and Employment the progress interests of consumers. The scope and breadth of made to date with regard to the implementation the recommendations required a co-ordinated of the recommendations contained in the report response from Government. For that reason a of the consumer strategy group; and if he will high level interdepartmental committee was make a statement on the matter. [31600/05] established to prepare a detailed plan for the implementation of the recommendations. The Mr. Martin: As I advised the House in my reply report of the high level committee is expected to to Question No. 205 of 28 September, the con- be submitted to Government shortly. sumer strategy group’s report, Make Consumers I am confident the consumer strategy group’s Count, was published on 18 May 2005. The report offers the way forward in developing a Government has already approved the report’s robust and effective national consumer policy. core recommendation that a new statutory body, Considerable progress has been made in imple- the national consumer agency, be established to menting the report in the short time since its pub- advocate on behalf of consumers. Given that this lication. I am anxious that progress continue to 19 Other 2 November 2005. Questions 20

[Mr. Martin.] this will be complemented by the addition of be made in this regard and I am confident that in departmental representatives. conjunction with the interim board of the Establishment of the BRF is a key element in national consumer agency we will continue to implementing the Government’s commitment to make progress to the benefit of consumers. better regulation and to address administrative burdens which can genuinely be identified as dis- Mr. Howlin: God bless word processors. The proportionate. My intention is that the BRF will reply is identical to the reply given the last time advise me, and that I, in turn, will advise the this question was submitted, in September. The Government, on regulatory issues as they impact Minister tells us again that the scope and breadth on business and competitiveness, in particular of the recommendations require a co-ordinated issues and problems arising from outdated, inef- response from Government. God forbid there ficient or disproportionate regulation. might be a joined-up response from Government. The forum will work in parallel to the existing What progress has been made in establishing better regulation group of Government officials the high level interdepartmental committee? and regulators. It will take a strategic overview of How many meetings has that committee had? the application of better regulation principles to Has it submitted the report to Government that new regulation and examine specific existing was promised “shortly” in September? regulations on a problem-solving basis. As the business regulation forum should be a dynamic Mr. Martin: The work of the committee is vir- body which will identify, focus on and prioritise tually complete. We are preparing a memor- regulatory issues of concern, I do not want to be andum for Government. prescriptive about its work. The adoption of a detailed work programme will be a matter for the Mr. Howlin: How many meetings has it held? forum. My Department and the State enterprise agencies will assist the forum to carry out its task Mr. Martin: I do not know. That is not relevant and I have requested other Departments and the because the report is complete. When it involves independent regulatory bodies to facilitate the other agencies and Departments it is necessary to effective analysis and review of particular regulat- request consideration of and commitments on the ory issues. various recommendations from outside my Department. Mr. Hogan: I am sure the Minister will not mind me stating that we have heard all this Mr. Howlin: I ask because the phrase “requir- before. In January 2004 it was stated in a docu- ing interdepartmental committees to co-ordinate” ment issued by the Taoiseach that the Govern- normally means long-fingering something. I am ment had established a group on better regulation heartened to hear the committee’s work is com- to promote better regulation across the public plete or virtually so. service and oversee implementation of the com- Has the high level committee submitted its mitments and action plan arising from the White report to Government and when will the House Paper. How are we now to believe the Minister have sight of the implementation procedures that on any announcement he makes on a new forum, will be agreed? group or committee established to deal with the same matter? Mr. Martin: It will be submitted to Govern- With regard to the bona fides of the Govern- ment shortly. The memorandum is in ment on the issue of better regulation, how many preparation. regulatory impact analyses have been carried out across Departments since January 2004 in line with what was committed to at that time? Will Business Regulation. the Minister comment on the company law 106. Dr. Twomey asked the Minister for reform group’s report, which was to deal with a Enterprise, Trade and Employment the number number of issues related to company law and of meetings of the better regulation group which which affect the regulatory burden on small busi- have taken place; the action which has been taken nesses in particular? arising from those meetings; and if he will make a statement on the matter. [31631/05] Mr. Martin: In terms of the world of business, there was a requirement and a desire from busi- Mr. Martin: I have set up the business regu- ness that there would be formalised dialogue on lation forum, BRF, with effect from today. I was working relationships with Government on regu- very pleased to secure the services of Dr. Donal lations in general. This is a good thing. During De Buitle´ir, General Manager, Office of the the summer, the Taoiseach announced that such Group Chief Executive, AIB Group, as chairman. a group would be established. It is important for The members appointed encompass an excellent business in Ireland, as there is a strong external spread of business and regulatory expertise and perception that the Government and its process 21 Other 2 November 2005. Questions 22 is agile and responsive to enterprise and business. enterprise strategy group. Another example is We gain competitively on that point compared to work on and investment in research and other countries with which we compete. This is a development. strong view of Ireland. I see the establishment of the aforementioned forum in such a context. It Mr. Hogan: Why is another group needed? clearly demonstrates that the Government listens to what people say on the impact of regulation on Mr. Martin: I am dealing with the issue. The business and enterprise. One Step Up initiative has been allocated an The company law review group was asked to extra \40 million this year. It was used immedi- carry out a specific task with regard to legislation ately to upskill the workforce. Whatever criteria pertaining to directors’ compliance. It has com- are used, there is solid progress on the implemen- pleted this work, which is currently at Govern- tation of the recommendations of the enterprise ment. The Government will make a decision on strategy group. The reorganisation of Enterprise the matter shortly. Ireland, taking into account its new strategic vision is another example. The restructuring Mr. Hogan: I do not agree with the Minister’s approach is dealing with sales and marketing comment that the Government has an agile per- along with technology. This is a key driver of the spective of the matters that come before it. The recommendations of the enterprise strategy approach is reactive rather than agile. The group. Government has been warned about these issues The last time a small business task force existed as legislation proceeded through the Houses. In was when Deputy Se´amus Brennan was Minister particular, there were warnings that the directors’ for Trade and Employment, more than ten years compliance statement in the Companies ago. Most people would accept the outcome of (Auditing and Accounting) Bill 2003 would that work was particularly significant for small create enormous problems for inward investment business in terms of improving the environment in the country, with directors based in the US, for for these businesses within the general economy. example, needing to sign off directors’ statements We must get away from the simplistic notion that for businesses and foreign direct investment here. we should not think strategically about the coun- The Government and the Taoiseach in part- try’s future. icular was warned about these issues and poten- tial mistakes. The Minister is now attempting to disguise this with a forum report. Will the Mini- Mr. Hogan: This is a talking shop and the Mini- ster comment on the small business forum that he ster knows it. felt obliged to set up recently? There is also a group to implement the enterprise strategy Mr. Martin: One of the great driving forces group’s report. Another group is being behind Ireland’s transformation economically announced today to deal with better regulation, over the past decade or so has been the strategic some issues of which we are already aware and approach taken on macro issues. These are sig- which we do not need a group to recognise. Does nificant fundamental issues in attracting invest- the Minister agree that what is needed is the ment and getting the overall business climate cor- implementation of the enterprise strategy group’s rect. This is why the country has been so report in a concerted proactive way? The views successful, more successful than any other coun- of people could be taken at that stage rather than try, in attracting mobile investment. We should now setting up another committee and waiting move away from silly politicking. another year and a half to implement measures required to assist small business in the regulat- Mr. Hogan: No new group is needed to cover ory environment. up the mistakes made.

Mr. Martin: This is an example of typical cheap Groceries Order. Opposition tactics condemning any group estab- lished. The bottom line on the enterprise strategy 107. Mr. Howlin asked the Minister for group is that the fundamentals have been Enterprise, Trade and Employment the progress implemented in terms of economic migration made to date with regard to the public consul- policy. tation process on the groceries order; when he expects to make a decision on the issue; and if he Mr. Hogan: How many recommendations have will make a statement on the matter. [31581/05] been implemented? 133. Mr. Stanton asked the Minister for Mr. Martin: The Employment Permits Bill 2005 Enterprise, Trade and Employment when he is awaiting this House to pass it on to Committee intends to take a decision on the groceries order; Stage. The transport initiative unveiled yesterday and if he will make a statement on the matter. is central to recommendations arising from the [31632/05] 23 Other 2 November 2005. Questions 24

Mr. Martin: I propose to take Questions Nos. Mr. Martin: I have made no glib response. I 107 and 133 together. have given detailed consideration to the issue, as The public consultation process on the grocer- is appropriate. The Government will make the ies order generated more than 550 submissions decision before it is brought to the House along which were received from a wide range of parties, with legislative proposals. including a significant number from the general public. The submissions have all been considered Mr. Howlin: When will this happen? and my Department has now compiled a detailed report on the process. I have also met various Mr. Martin: The Deputy should allow me to groups in the past month to discuss the groceries respond. I was somewhat surprised that orig- order. The report is comprehensive and I intend inally, there was a knee-jerk reaction on the part to bring recommendations to Government of the Joint Committee on Enterprise and Small shortly. Revocation or amendment of the order Business to oppose any change to the groceries will require primary legislation. order, even before the consumer strategy group reported. Mr. Howlin: The last line has at least been changed from the standard reply. A word pro- Mr. Howlin: There was no such thing. cessor was required to change the answer this time. Mr. Martin: However, I am glad to see there has been some amendment of that position. Mr. Hogan: It is definitely changing. Mr. Howlin: Has the Minister read the reports? Mr. Howlin: The last answer the Minister gave There are two of them. the House on this issue stated that findings would Mr. Martin: I have. While it is extremely care- be considered and recommendations would be fully worded on a number of fronts, I have made brought to Government by the end of October. it clear that the retention of the groceries order That date has come and gone. When will the is not a tenable proposition in the future. Minister make the decision, and what will the However, the Department received 550 written decision be? The Minister has consulted widely submissions on this matter. As I have stated, it and there were 550 submissions, so what is so dif- was only fair to give those concerned about the ficult? The Minister’s public utterances convey a issue an opportunity to discuss it with me ver- very clear view on what he wishes to do, regard- bally. This has taken place over recent weeks. I less of submissions. When will we witness the was not being glib about the issue and it was decision and relevant legislative proposals? unfair of Deputy Howlin to suggest that. It is important to give that opportunity to people—— Mr. Martin: The Deputy will see those very shortly and I look forward to his support. Mr. Howlin: When will we see a result?

Mr. Hogan: It is difficult to support something Mr. Martin: ——from different sides. Conse- we cannot see. quently, as I have stated, I will go before the Government shortly and will not pre-empt its Mr. Howlin: What does that mean? In telling decision. I will come back before the House when this House for months that the decision is coming that decision has been taken. shortly and then providing a specific date, the end of October, it is not good enough to be glib and Mr. Hogan: Does the Minister believe there state that it will come shortly. The livelihood of should be a retention of the ban on predatory interested parties depends on this decision and it pricing and below cost selling? is a matter to get right. The Joint Committee on Enterprise and Small Mr. Martin: As I have stated, the existing order Business has had detailed discussions with all is not a ban on below cost selling but is on below interested parties. I was aghast to hear the Mini- the net invoice price—— ster dismiss all this on a radio programme as being irrelevant, and that the work done on a Mr. Hogan: The Minister should answer the cross-party basis by the joint committee was of question he was asked. little concern to him. When will the Minister appear before the joint committee to hear the Mr. Martin: In the first instance, I will bring views of all members, including members of his my recommendations to the Government. It will own party, on the issue and reach an accommo- make a decision on the issue and I will then revert dation? The joint committee is agreed on change back to the House. In time honoured fashion, I that will drive forward an agenda to best protect am going about this in the proper manner. First, the consumer and present choice, accessibility I will go to the Executive and then I will bring and proper spatial planning. the matter back before the House. 25 Other 2 November 2005. Questions 26

Mr. Hogan: The Minister has stated he is in recommendations on this issue to the Govern- favour of abandoning the groceries order. He has ment shortly. I will then make a full presentation just stated he will bring his views on the groceries of those recommendations to the House. Com- order to the Government first and then before prehensive work has been carried out on the issue this House in an orderly fashion. He has already by officials within my Department and I ask made his views known. Members, when they get time, to read them——

Mr. Howlin: That is the Minister’s conclusion. Mr. Hogan: Has the Minister read the report by the Joint Committee on Enterprise and Small Mr. Hogan: Does the Minister agree that the Business? bans on predatory pricing or below cost selling should be retained? I know this is not easy for Mr. Martin: I have read the joint committee’s me to understand. report and have had discussions with its Chairman. Mr. Martin: The Deputy should define what he means. Mr. Hogan: In that case, the Minister is fully briefed. Deputy Cassidy will have briefed him Mr. Hogan: The Minister is being quite fully. arrogant.

Mr. Martin: Does the Deputy understand what Mr. Martin: It is an interesting report. he has just asked? Mr. Howlin: As a brief and final supplementary Mr. Hogan: Yes. The Minister should answer matter, there are two reports, so I am unsure the question. whether the Minister has read both. He has referred to a single report when there are two Mr. Martin: The groceries order is not a ban on reports. below cost selling and is not a ban on predatory pricing. Mr. Martin: I know that.

Mr. Hogan: I did not ask the Minister about Mr. Howlin: In view of the importance which the groceries order. I asked him another question. the Joint Committee on Enterprise and Small Business has attached to these matters and the Mr. Martin: Existing legislation already covers fact that it has spent a great deal of time and that. public energy on them, will the Minister come before the joint committee with his comprehen- Mr. Hogan: I asked the Minister a different sive proposals to discuss them in advance of question. That is not a shared view. working out the mechanisms for a final decision? In other words, I ask him not to pre-empt the Mr. Howlin: Can the Minister clarify the sup- Government’s decision but to discuss mechan- plementary answer he has just given? He stated isms, as far as the specific legislation is concerned, that existing legislation deals with the issue of with the joint committee before reaching a final predatory pricing. What section of the Companies immutable position. Act deals with the issue of predatory pricing? Is it not a fact that one must be a dominant player Mr. Martin: First, the Government makes and that in the grocery trade, the criteria are laid decisions on these issues. This is the position. down by the courts? No one has reached the 40% threshold for being a dominant player in the Mr. Howlin: Under the Constitution, law is market. The Minister has now told the House made by the Oireachtas. I know that comes as a that a law exists which would protect against shock to the Minister. predatory pricing. Where is it?

Mr. Martin: The Competition Act deals with Mr. Martin: I have not finished and the Deputy the issue. I sought advice and views on this matter does not appear inclined to give me an oppor- and it deals with the issue of predatory pricing tunity to do so. and abuse of dominance. Mr. Howlin: It is the Oireachtas and not the Mr. Hogan: It does not. Government which makes law.

Mr. Martin: The issue of jurisprudence is separ- Mr. Martin: The Government makes decisions ate. However, I do not accept the proposition on whether to introduce legislation to the House. which the Deputy has just articulated. As I stated Such legislation is then published and it is then earlier, I will bring the full range of proposals and open for all Members to have an input into it. 27 Other 2 November 2005. Questions 28

Mr. Howlin: Does that mean the Minister will their schemes in the next year or so. If the Deputy not come near the joint committee? or others in the House wish to contact me about the operation of development contributions from Mr. Martin: The Deputy should allow me to an enterprise perspective, I will ensure that these finish. This will require primary legislation and all views will be taken into account in the context of Members will have the opportunity to contribute this review. to any legislation. In addition, I have no difficulty in discussing the report that I will produce and Mr. Timmins: I thank the Minister for his reply. publish with the Oireachtas Joint Committee on All local authorities were obliged to have Enterprise and Small Business. The joint commit- adopted these levies by March 2004. I have tee members will require time to discuss the recently become a fan of the Minister and read report. However, under no circumstances can the his Ard-Fheis speech in which he criticised what committee itself take on board the executive I believe he referred to as the alternative Govern- function of the Government to decide what legis- ment when he expressed concerns about the lation may be brought before the House. In the councils and the high level of levies they had ordinary course of legislation which passes imposed. Does he agree that these high levels through the House, Deputies may table amend- were imposed when the councils were, in the ments to it. This is the context in which they nor- main, controlled by his party colleagues? mally make their views known on any issue. Can the Minister indicate what might be a reasonable levy for these councils to impose on Mr. Hogan: It is good that the Minister may potential development? Does he agree that the accept the Members’ views. If he had accepted reason we have these development levies, be they them on the issue of directors’ compliance, he residential or commercial, is because the Govern- would not have walked into that problem. ment does not fund local authority projects as it did in the past? Local Authority Funding. Mr. Martin: I do not accept the Deputy’s points 108. Mr. Timmins asked the Minister for because a range of new revenue opportunities Enterprise, Trade and Employment his concerns have emerged for local authorities in recent regarding the impact of levies being imposed by times, not least these development levies. The local authorities on the development of small to economic growth and buoyancy of recent years medium-sized enterprises; and if he will make a must have added significantly to the revenue gen- statement on the matter. [31529/05] erating capacity of local authorities. Mr. Martin: The framework for development I have been around the country meeting the contribution schemes was agreed under the Plan- various—— ning and Development Act 2000 to update the long-standing development levy system. That Mr. Howlin: Fianna Fa´il Deputies. system had applied since 1963 and is a means of funding capital projects to service land for new Mr. Martin: ——sectors involved in the pro- development. The operation of these schemes is ductive side of the economy, particularly on the primarily a matter for my colleague, the Minister manufacturing side as well as the chambers of for the Environment, Heritage and Local commerce and so on. The variation between local Government. authorities emerged as a factor. There can be Nevertheless, from an enterprise development quite sharp differences between the levies and an employment perspective I am concerned imposed by some local authorities as opposed to about issues that affect the competitiveness of others, which illustrates the strong local control companies operating in this country and the jobs over the schemes adopted by any particular they sustain. I am aware that some enterprises local authority. have voiced concern about their experience We must be careful, particularly in respect of regarding development contributions and the export-oriented manufacturing companies, to manner in which they are applied. This is of part- examine the overall picture in terms of retaining icular concern to manufacturing companies and indigenous companies’ manufacturing capabilities those facing international competition. in this country to avoid the inadvertent creation Consequently my Department recently wrote of disincentives to their expansion here, given the to the Department of the Environment, Heritage global cost bases involved. and Local Government to explore how these issues can be considered. As a result, the Depart- Mr. Hogan: Was the Minister in Government ment of the Environment, Heritage and Local at all during the last two years? Government has agreed to chair an inter- departmental group to examine the matter. Mr. Martin: Local authorities must take due This examination is particularly timely as all note of this in future and I hope they will examine local authorities have indicated they will review their schemes in that respect. I understand there 29 Other 2 November 2005. Questions 30 is no differentiation between the commercial, Mr. Hogan: The Government imposed the manufacturing and retail sectors in many of the levies. schemes. That is another factor which should be taken on board. Mr. Martin: When we give enabling powers and While these levies have been in force since authority to local authorities, we in this House 1963, updating them has been taken as an oppor- should accept that the responsibility then lies—— tunity to ramp up some of them. The Deputy has asked a simple question and I have a concern Mr. Hogan: Will the Minister accept that the about this matter from an enterprise perspective. Government imposed the levies? I have articulated that concern to a number of managers. Mr. Howlin: It took away capital funding.

Mr. Hogan: The Minister was very disin- Mr. Hogan: The Government took away the genuous when he said we always had these levies. authorities’ capital funding. A total of \250 million has been collected in lev- ies arising from the Planning and Development Mr. Martin: ——with that particular body. The Act 2000, at which time the Minister sat at the amount of funding allocated to local authorities Cabinet table and allowed the 20% cut in capital has been increased year by year by consecutive expenditure of local authorities to be funded by Ministers. another stealth charge to communities in the form of development levies. The Minister is cry- Mr. Hogan: The Minister is out of touch. He ing crocodile tears if he talks about the threat to should survey the country again. the manufacturing sector imposed by these levies Mr. Martin: I am not out of touch and am and other costs when he presided over stealth very insulted. charges and taxes set by his Government in order to make up the shortfall in local authority fund- Mr. Hogan: The Minister is totally out of touch. ing. He should ask the Minister for the Envir- onment, Heritage and Local Government to Mr. Martin: I hope that, from Fine Gael’s latter review these levies, the related legislation and the day control of local authorities, we will witness state of capital funding to local authorities in light some response to these types of issues. of this imposition. Mr. Hogan: The Minister should not worry Mr. Howlin: Hear, hear. about that happening.

Mr. Martin: First, I object to the Deputy’s com- Mr. Timmins: What about stamp duty on com- ments. It is about time we accept responsibility at mercial properties? local level. Mr. Martin: I look forward to engaging with Mr. Hogan: The Government must accept it. that party. I hope the matter rates enough of Fine Gael’s attention in the forthcoming election at Mr. Martin: With the greatest respect, Deputy local authority level. Hogan’s party made a big song and dance about gaining control of local authorities the length and Mr. Timmins: We are not afraid. breadth of the country. We will now see how—— Unemployment Levels. Mr. Timmins: The Government complained. 109. Mr. McGinley asked the Minister for Enterprise, Trade and Employment the details of Mr. Martin: ——pro-enterprise and responsible the recently established Donegal inter- it is in terms of managing these levies at local departmental group; its terms of reference and level. membership; if any meetings have been held; when it is due to report; and if he will make a Mr. Hogan: If the Minister read the legislation, statement on the matter. [31550/05] he would see the levies cannot be reviewed for two years. 111. Mr. Noonan asked the Minister for Enterprise, Trade and Employment the action Mr. Martin: The legislation is no excuse for the that is to be taken to deal with the high rate of wide differentiation between local authorities vis- unemployment in County Donegal; and if he will a`-vis these particular levies. Why is it that in one make a statement on the matter. [31638/05] county it can be at a certain level and at a much higher level in another county? The Deputy 151. Mr. McGinley asked the Minister for cannot keep blaming the centre. Enterprise, Trade and Employment the unem- 31 Adjournment 2 November 2005. Debate Matters 32

[Mr. McGinley.] ited the county a number of times since becoming ployment rate in County Donegal and the Minister for Enterprise, Trade and Employment. measures being adopted to redress the imbalance I have met many groups and companies on these in respect of the national average unemployment visits to discuss the county’s difficulties and its rate. [31549/05] positive developments. My colleagues in govern- ment recognise the particular difficulties in the Mr. Martin: I propose to take Questions Nos. county and we will work together to assist in 109, 111 and 151 together. improving the overall environment to increase The House will be aware that there have been the attractiveness of County Donegal as a significant job announcements in County location for enterprises. Donegal recently with over 210 new jobs In this context, I have established an inter- announced by Zeus Industrial Products, Letter- departmental group on County Donegal to be kenny and PowerBoard, Burnfoot, which are chaired by the Secretary General of my Depart- being supported by the Industrial Development ment. I have asked the group, which will hold its Agency and Enterprise Ireland, respectively. This first meeting this week, to report back to me as a was in addition to 423 jobs I announced earlier matter of urgency. The group’s terms of reference this year for the north west region. I assure the are to identify the various local issues posing bar- House that the State development agencies under riers to the establishment and operation of my aegis, namely, IDA Ireland, Enterprise enterprises, take stock of relevant projects and Ireland, FA´ S and Donegal County Enterprise actions already under way or planned and iden- Board, are fully committed to supporting and tify measures that could be taken by the relevant promoting job creation and job retention in the Departments and agencies to support the envir- county. onment for enterprise development and quantify In addition to recent job announcements, this the resources required. I assure the Deputies that commitment is also evidenced by ongoing support for job creation in County Donegal will development and support by the agencies for a continue to remain a priority for the State number of business parks and enterprise centres development agencies under the auspices of my in County Donegal, which include the completion Department. of the IDA Ireland business park, the provision of a 25,000 square foot advance office building at Windyhall, the completion of Adjournment Debate Matters. site development work at Ballyshannon for a new An Leas-Cheann Comhairle: I wish to advise facility and a development at Buncrana, where the House of the following matters in respect of IDA Ireland is working with a local developer to which notice has been given under Standing provide new manufacturing and office buildings. Order 21 and the name of the Member in each In addition to providing support for nine com- case: (1) Deputy Crawford — the need for the munity enterprise centres in County Donegal, Minister to allow No. 1 national school Enterprise Ireland has provided substantial sup- recruit a third teacher as a matter of urgency; (2) port for the expansion of the Letterkenny Deputy Boyle — that the Minister explain the Institute of Technology business development reason Mr. Frank McBrearty Jnr. was not permit- centre and the development of a marine biotech- ted to travel from here as a result of a false con- nology centre. viction; (3) Deputy Michael Moynihan — to dis- While the Central Statistics Office does not cuss the delays in the construction of the provide information on unemployment rates on extension to Kanturk Hospital; (4) Deputy Sea´n a county by county basis, the quarterly national Ryan — the non-payment of minor works grants household survey shows an unemployment rate to the Rush and Lusk Educate Together national of 4.9% for the Border region in the second quar- school in 2004 and 2005; (5) Deputy Finneran — ter of 2005. Bearing in mind that unemployment that the Minister seeks to resolve the problems in 1995 stood at 11.4%, this represents a very sig- that have arisen between child care committees nificant positive development. (details supplied) in County ; (6) Deputy Andrews — to ask the Minister if he will Mr. McGinley: How much? consider amending the Defamation Acts to allow the estate of a deceased to sue for defamation Mr. Martin: The figure was 11.4% in 1995 but within a period of one year following date of it is now 4.9%. death; (7) Deputy McManus — the failure of the Minister to provide information and support to Mr. McGinley: What is the current figure for the family of Ms Georgina Eager in regard of the County Donegal? trial of her murderer, Mr. Christopher Newman, in Britain; (8) Deputy O’Sullivan — the need for Mr. Martin: However, I recognise that there the Minister to have an economic impact study have been significant job losses in County carried out on the Shannon region; (9) Deputy Donegal in recent years, which is why I have vis- O’Shea — the need for legislative measures to 33 Leaders’ 2 November 2005. Questions 34 deal with anti-social and unlawful behaviour; (10) Mr. J. O’Keeffe: Just three answers are Deputy Cooper-Flynn — to discuss the required. announcement by the Minister in connection with the western rail corridor; (11) Deputy Broughan The Taoiseach: I emphasise that the Ministers — that the Minister address the serious diffi- for Transport and Finance, the Ta´naiste and I culties at An Post in the light of imminent strike yesterday outlined how the plan was put together action; (12) Deputy Cowley — to ask the Minister and the fact all of the agencies and the Depart- why obligations to An Post have not been ful- ment costed the plan as per their normal con- filled under Sustaining Progress; and (13) Deputy tracting arrangements, based on what it would Durkan — the imminent danger of industrial cost during the next ten years. action at An Post arising from unresolved difficulties. Mr. J. O’Keeffe: That will cause more concern. The matters raised by Deputies Broughan, Cowley, Durkan and McManus have been selec- The Taoiseach: If one examines the 19 of the ted for discussion. last 22 projects that have come in on time and budget, which include the Border Dundalk route, the Ashbourne bypass, the Leaders’ Questions. relief road, the Monaghan town bypass—— Mr. Bruton: A transport plan was launched yesterday after what we were told was 11 months Mr. Stagg: What does that have to do with it? of planning. I have a slim volume of it here. It consists of four speeches, three maps, two lists The Taoiseach: ——the to and one repackaged transport plan designed to route, the Loughrea bypass, the Naas road get the Government’s neck off the line. upgrade——

Ms Hanafin: It mentions a spend of \34.4 (Interruptions). billion. The Taoiseach: ——the Fermoy to Water- Mr. Bruton: The plan will cost \34.4 billion. grasshill road, the Mitchelstown relief road, the Maps were produced that were virtually identical Bundoran to Ballyshannon bypass, bypass, to those produced previously. A total of 35 of the the Castleisland to Abbeyfeale road, and devel- 40 projects were announced previously. Every opments in Farranfore, and Enniscorthy householder will be asked to pay \25,000 through have all been on time and on budget. Based on taxes or road tolls but they were not given any the procedures operated—— detailed costings, evaluations of the key items or prioritisation of projects based on the rates of Ms Burton: None of them is in . return. Why is the Government denying these types of details to the public, which must pay this An Ceann Comhairle: Allow the Taoiseach to money in the coming years? Any plan worth its speak without interruption. salt would have them. Most of the previous plans originating from any Government source were The Taoiseach: They have all come in on time not slim volumes of this nature or did not cost and on budget. I know the opposition hates that. \34.4 billion but were substantial documents. I suppose we must accept it on faith when Mr. Durkan: What about the port tunnel? Ministers tell us that detailed and due diligence has been paid to this plan and careful scrutiny has An Ceann Comhairle: Allow the Taoiseach to been carried out. Will the Taoiseach answer three speak without interruption. questions on the plan under this heading? First, will he give an indication of when work on the The Taoiseach: The same estimation procedure Luas line to Lucan will start? Will the Taoiseach that brought in 19 of the last 22 projects on state how much will the metro cost? Will he also budget has been used. Projections for where pro- state which projects will be funded under public jects will come in during each of the next ten private partnership? If he has done the due dili- years have been made, based on the estimates of gence and the analysis he stated he has, those are CIE, Iarnro´ dE´ ireann, Dublin Bus and the NRA. not unreasonable questions on specific flagship All of the organisations had a full input to this. projects within the plan. Ms Burton: It contains nothing for Dublin. Mr. Durkan: Hear, hear. The Taoiseach: I am trying to answer Deputy The Taoiseach: I will not go into all the details Bruton’s question. Deputy Rabbitte will ask a of the plan. question for the Deputy. 35 Leaders’ 2 November 2005. Questions 36

Ms Burton: The Taoiseach will be in Dublin 15 Taoiseach has not done due diligence on this. If on Monday. he had, he could tell me what the metro will cost, which projects will be PPP and when the Luas An Ceann Comhairle: Deputy Burton, the line to Lucan will start, none of which is in the Taoiseach is entitled to the same courtesy as plan. everybody else while answering a question. Deputy Bruton is quite capable of handling his Mr. J. O’Keeffe: It is a State secret. own question and does not need the support of any other person in the House. Mr. Bruton: Let us be honest. The national development plan was published in 2000. It was Mr. Bruton: The Ceann Comhairle is generous. to cost \8 billion. Twelve months before the end of that plan, we see that half of the projects will Mr. F. McGrath: Teacher’s pet. not be completed on time and the cost will be three times what was originally stated. The public Mr. J. O’Keeffe: He asked three questions and is asking how can it have more confidence in this did not get a reply to any of them. plan than in the previous one, when the Govern- ment and the Taoiseach are not willing to give The Taoiseach: After the sixth interruption any open evaluation or costing to justify the cost \ may I reply to Deputy Bruton, who did not inter- of 25,000 per household and show it will yield rupt me once? Deputy Bruton asked a fair ques- value for money. tion on the detailed cost of each project. If the The truth is that every time a difficult issue Department were to outline and detail all of the arises, the Taoiseach and his Government projects and the cost estimate that CIE and other produces another plan. Deputy Martin produced organisations and agencies had for each project, a health plan to end waiting lists. Where did it it would make that information available com- get us? Deputy Cullen’s electoral voting plan is mercially to everyone who tenders. Deputy rusting in warehouses. A computing plan for the Bruton would accept that would be entirely health service is lying abandoned because it wrong. On each project, the agencies and the cannot compute. Department have individually and collectively given estimates to the Department of Finance. Mr. McGinley: What about decentralisation? The same processes, including the revised issue regarding value for money requested by the Mr. Bruton: Deputy McGinley mentioned Department of Finance, are dealt with in these decentralisation. We now find that less than 5% projects. of the jobs to be moved through decentralisation Individual projects, such as the Luas from will be moved within the schedule of the three Lucan to the city centre, are listed in the one page year plan. The Taoiseach described it as an issue report on when projects will be out. For years the of essential political commitment on which Mini- agencies had an annual capital programme but sters would be judged. On all of these issues the were not able to procure the staff or organisation Taoiseach looks for a card to get him out of jail. to create a team to deal with projects on a year Like many of the great socialists before him who by year basis. While over the past six or seven produced plans such as the great leap forward, years we have made a major move toward pro- spurious five year plans have been produced to ducing proper infrastructure, the full list of pro- get away from the fact the public does not want jects of which is impressive, it is important for the plans, it wants delivery. That is the acid test on agencies and the country that we systematically which this Government fails. analyse all the projects to see what is necessary Yesterday the Labour Party produced a chron- and put them in a detailed format. That answers icle of the wasted money that could have had an the question. impact on many critical services. That is where With regard to questions asked on due dili- the Taoiseach fails and this programme does not gence, the Minister outlined in a statement yes- provide the answers to key questions to which the terday the criteria he took into account. It is not public has a right. necessary for me to do so. I am sure the Minister will do it again if he is asked. Mr. McGinley: Hear, hear.

Mr. Bruton: The Taoiseach’s answer is an elab- The Taoiseach: I refer the Deputy to the cost- orate sham. We know the National Roads Auth- ing criteria set out yesterday by the Minister for ority published what it projected various projects Finance. I do not accept any of the points made would cost time and again. That did not result in by the Deputy. The national plan produced 185 commercial folly. It resulted in finding that many km of motorway, 385 km of dual carriageway and of those projects ran massively over cost and bypasses in approximately 20 towns throughout embarrassed the Government. The Government the country. We spent \1,370 million on roads is not willing to commit itself to any costing. The this year alone. I can outline all of the contracts 37 Leaders’ 2 November 2005. Questions 38 if necessary. It includes work on doubling The Taoiseach: Now we are able to have plans Exchequer support for CIE, new buses for Dublin and put in resources. Those opposite had practi- Bus, new buses for Iarnro´ dE´ ireann—— cally bankrupted the country. This Government is doing constructive things. Mr. Hogan: Rail carriages for Iarnro´ dE´ ireann. Yesterday I saw the senior members of the Labour Party driving a bus around town; it was The Taoiseach: ——new rail carriages for not much of a bus, being about 20 years old and Iarnro´ dE´ ireann and putting the Luas on the it would not have carried many of the public. streets. When the Opposition had an opportunity, it announced the Luas but did not provide fund- Mr. Rabbitte: It is the only new bus. ing for it. To announce the Luas, put no money in the kitty and leave it for us was an intelligent The Taoiseach: They were horrified to see that plan. Its entire transport plan was approximately a plan exists because they used to talk about \250 million per year, which would never have doing something about Tallaght. got us to where we are. (Interruptions).

Mr. Hogan: Mary O’Rourke was the Minister The Taoiseach: There will be proper transport then. and proper infrastructure and the IMF will not need to come to talk to the Minister for Finance. The Taoiseach: We invested greatly across a range of areas through the national development (Interruptions). plan, the results of which can be seen throughout the country. It is true that items in An Ceann Comhairle: Allow Deputy Rabbitte 4 o’clock the national development plan are without interruption, please. not completed. Those items are included in this plan because we want to see the Mr. Rabbitte: I have two questions for the intercity rail routes completed. We put together Taoiseach. Does he recall the speech made by the a coherent plan based on the best professionalism Minister for Finance on 20 October? This was a of all the statutory agencies working with the 12 point plan the Minister for Finance announced Department of Transport which we never had. to counteract the litany of waste, misspending and maladministration that had given rise to the Mr. J. O’Keeffe: Do not forget about the con- controversies in the public domain before that. sultants. He announced a major initiative, a 12 point plan, point three of which was that there would be ex The Taoiseach: Now the agencies are ante evaluations including economic cost benefit \ delivering because they have money and the appraisal for all projects above 30 million. economy is good. As one of my colleagues said I presume that as a result there has been that yesterday, the Government is not into wasting kind of ex ante evaluation and cost benefit analy- money by doubling the national debt or spend- sis of yesterday’s plan. On the assumption the ing money—— Taoiseach has complied with the Minister’s requirement, when will he put it into the public (Interruptions). domain and publish it? For example, I would like to see the costings of the superior plan for a metro system to Dublin Airport, as compared to An Ceann Comhairle: Allow the Taoiseach a spur line to the railway or DART system. I without interruption. would like to hear the arguments that set out that the metro is the superior system. There are sev- The Taoiseach: The great success of the par- eral other things I would like to see supported by ties opposite—— the documents. When will the Taoiseach put these into the public domain and lay them before (Interruptions). the House? On the subject of the buses, the Minister The Taoiseach: ——was they spent practically announced he had provided for 20 additional all our resources. About 28% or 29% of the buses. I asked for information from CIE because entire resources of the country was used to I have been looking for more than 20 new buses service the national debt. Deputy Burton knows for my constituency and I was shocked by that because she was appalled at that. statement which he repeated last night on “Prime Time”. The information provided to me by CIE (Interruptions). is as follows, that the national development prog- ramme, as referred to by the Taoiseach, between An Ceann Comhairle: Allow the Taoiseach, 2000 and 2006, provided for an additional 275 please. buses but only 93 were provided and none at all 39 Leaders’ 2 November 2005. Questions 40

[Mr. Rabbitte.] orbital route, one in south Clondalkin and one on since 2001. I further find that CIE made a sub- the Rock Road. Dublin Bus is looking for buses mission to the Department of Transport for 210 for those three QBCs which cannot be rolled out additional buses between 2006 and 2008 and not because it does not have them and meanwhile the 20 buses. The Minister, Deputy Cullen, as brazen Taoiseach’s Minister has the cheek to say that as you like, said last night in a speech to which because 20 buses are being retired and 20 were the Taoiseach referred, “However I am conscious ordered last year, he will immediately sanction 20 that Dublin has short term immediate needs for buses. This is the only thing he will sanction 20 additional buses in the coming weeks and I between now and the general election. will immediately sanction these”. An Ceann Comhairle: I ask the Deputy to give Mr. McCormack: He will drive them too. way to the Taoiseach.

Mr. Rabbitte: They were sanctioned last year; Mr. Rabbitte: This was a media event and a they were ordered last year; they are ready; they stunt and the Taoiseach is making a very bad job are 20 buses to replace 20 buses that are being of defending it. retired by Dublin Bus. (Interruptions). An Ceann Comhairle: The Deputy’s time is concluded. The Taoiseach: I will make three points for the information of the Deputy. He does not wish to Mr. Rabbitte: What credibility can the House listen. Before he saw any of the plan yesterday he give to a plan that on something as particular and decided to go out on a political campaign and a specific as this, the Minister could have lied bare- poor one at that. facedly through his teeth—— Mr. S. Ryan: The Taoiseach would never do An Ceann Comhairle: The Deputy must with- such a thing. draw the words that the Minister lied. I ask him to withdraw them. I do not want confrontation on the floor of the House. The Taoiseach: When Luas was launched I remember the Deputy’s party saying we would (Interruptions). never see it in the lifetime of the next Da´il and now 20 million people—— Mr. Rabbitte: How does one describe what I have just described? Mr. Rabbitte: That never happened.

An Ceann Comhairle: I ask the Deputy to The Taoiseach: I suggest the Deputy stops tell- withdraw the word “lie”. ing deliberate untruths.

Mr. Stagg: It is a blatant untruth. An Ceann Comhairle: The Chair will not toler- ate interruptions when the Taoiseach is speaking An Ceann Comhairle: I ask the Deputy to on this question. withdraw the word “lie”. The Taoiseach: I was merely making what I Mr. Rabbitte: I will say instead they are blatant regard as a fair point that the Labour Party said untruths. How can the Taoiseach justify what the it would never see Luas in the lifetime of this Da´il Minister said? How can he justify the fact but I remind them that this Da´il has a long way that—— to go. Luas has been operating for a year.

An Ceann Comhairle: The Deputy will with- Ms Burton: That was said in the last Da´il. draw the word “lie”. The Taoiseach: I disagree; it was not. Mr. Rabbitte: I withdraw the word “lie”. The Taoiseach said they have provided so many buses for Iarnro´ dE´ ireann. That must be Ms Burton: It was. where they are running — on the railway tracks — because they are not running in Dublin. The Taoiseach: No, it was not.

An Ceann Comhairle: The Deputy’s time is An Ceann Comhairle: Deputy Burton will long since concluded. leave the House.

Mr. Rabbitte: Three new QBCs are ready to be The Taoiseach: Deputy Burton should make up rolled out by Dublin Bus, one in the Tallaght her mind whether she is a heckler or a politician. 41 Leaders’ 2 November 2005. Questions 42

The Luas has carried 20 million passengers so like these if we do not work on the basis of a I doubt the credibility of the Labour Party to prolonged period. The Government, based on the make any comments on this matter. national development plan, the national spatial Deputy Rabbitte asked me three questions. strategy and the best advice we have been able to This plan is the result of due diligence and the muster, which has included working with people full costing of the agencies to enable the Depart- from South Africa, Australia and the United ment of Finance to properly cost it as a proper States in the course of the NDP, is trying to move national plan. I hope this will be sufficient to deal satisfactorily from having very poor infrastructure with it over the years. As the Minister stated yes- to having very good infrastructure. We have done terday, there may be contingencies needed and an enormous amount of work, which has been far other priorities might be decided upon. However, ahead of our commitments. based on what is in this plan and based on the Deputy Bruton mentioned the costs. We have proper costings and on the criteria set down by spent more and delivered much more and have the Minister for Finance, the first point has been not completed all projects. In some cases we got dealt with. stuck in planning—— On the subject of buses, Deputy Rabbitte has decided to jump on one issue to which the Mini- Ms Burton: They have not delivered new buses ster referred yesterday and that is fair enough. I in Dublin. will list the figures for the House. In recent years, 862 new buses have been provided to Dublin Bus, The Taoiseach: ——but the fact is we have set 624 new buses to Bus E´ ireann—— out a coherent way forward by working with pro- fessionals. Mr. S. Ryan: Are those the fleet numbers? Mr. Stagg: Consultants. The Taoiseach: The Minister stated yesterday there was a requirement this year for 20 Mr. Hayes: We have a consultant-led additional buses; he was referring to the needs of Government. the next few months. He then went on to give full details of the full requirements for buses over the The Taoiseach: The transport plan is not about next decade and this is contained in his speech. I making a political point. The Government is not am sure there is no need for me to read sections saying what we will have done by 2007 or 2012 of his speech to the House. but trying, over the next decade, to move infra- (Interruptions). structure from the very good base to which we have brought it in a manner which is properly Mr. McCormack: The Taoiseach should give planned, costed and designed and to give people the speech to Deputy Martin because he will adequate time to get this right. If that approach read it. is wrong, it is a sad day for the country. Rather than whinging about some broken bus some- The Taoiseach: I will not read the full list of all where, which is a ridiculous attitude, the Oppo- the issues but as Deputy Rabbitte is of the view sition should at least acknowledge that the plan that none of these issues will be of great value to involves proper planning and investment. the Dublin area I will refer to the Dublin area. The metro north will go from St. Stephen’s Green to Mr. S. Ryan: My constituents want to get to Swords via Dublin Airport and is scheduled for work by bus. Delivering a bus service is the sim- completion in 2012. A new orbital metro west will plest element of transport, yet the Government shadow the M50 to the west and connect the Luas has failed to do so. red line at Tallaght with metro north to Ballymun. A new Luas line will operate from Lucan to the An Ceann Comhairle: Deputy Ryan is not yet city centre and there will be an extension of the leader of his party. I ask him to resume his seat Luas green line from Sandyford to Cherrywood. and show some respect for his leader. Those are the details of how it will link in. A rail- way interconnector will also be constructed while Mr. Rabbitte: I have never seen an elaborate the electrification of the Kildare line—— programme announced by Government fall so flat on its face so quickly, and in all the time I Ms Burton: That will not be complete until have been opposite the Taoiseach in different 2015. positions, I have never seen him make such a poor defence of such an elaborate plan. I have a The Taoiseach: None of the projects is set out copy of a reply to a parliamentary question tabled in detail now. From an engineering point of view, by my colleague, Deputy Shortall. Dated 3 not to mind a cost point of view, for planning February 2005, it details the number of buses reasons and to try to get co-operation with the operating in Dublin in different years. The fig- agencies, we will not be able to deliver projects ures, which can be checked, show that the 43 Leaders’ 2 November 2005. Questions 44

[Mr. Rabbitte.] Mr. McCormack: The Government is in panic number of buses in Dublin in 2001, 2002, 2003 mode. and 2004, respectively, was 1,062. One can gather from this the number of new buses the Govern- The Taoiseach: As usual, I will ignore the pol- ment has provided. Given that the Minister for itical points made very poorly by Deputy Transport deliberately sought to misrepresent the Rabbitte. figures on buses, what confidence can we have in him on any of the other aspects of the transport Ms Lynch: In that case, I would not like to see plan? Deputy Rabbitte on form. The Taoiseach seems to resent Deputies asking him to support the claims he made yesterday, The Taoiseach: I have seen him involved in which were purely aspirational and for which no several different parties and activities. supporting documents were provided. In a speech made on 20 October the Minister for Finance Mr. Rabbitte: The Taoiseach could not answer stated: any of the questions put by any of the parties in question. I believe it is appropriate to reduce the pro- \ ject value level to 30 million. This approach The Taoiseach: If Deputy Rabbitte would like will include identification and carefully quant- me to give all the details of the plan in two or ified analysis of all the relevant project costs three minutes, he knows I cannot do so. We out- and benefits, including indirect costs as well as lined the details yesterday. I repeat the point that the identification of any risks of cost escalation. the Department of Transport in the work leading The speech is only a couple of weeks old. up to the plan with all the relevant agencies looked in detail at the proposals we believed it Mr. McCormack: The panic is on. would be necessary to deal with as a priority. We did this on every single project. As I said, it would Mr. Rabbitte: That was the new initiative and be commercial nonsense to indicate the exact fig- the Government appears to have spurned it ure on costs for every project. However, the already. I simply asked the Taoiseach to lay the Department and the relevant agencies, based on results of the evaluation before the House. The what they have been doing for a number of years, reason he did not indicate that he would do so have built up what they require to undertake was that no such evaluation has been done. this plan. Now that we have clearance on the precise There is little point in referring to a protest elements of the plan, all the necessary detailed which we — properly — organised when the planning and development work as well as the trams or carriages were delivered during Senator implementation of the constituent programmes O’Rourke’s time as Minister for Public will have to move ahead in the timeframes out- Enterprise when she was trying to make up her lined. The Department will establish a monitoring mind on whether to go underground or over- group under its chairmanship for the purpose of ground. The issue we were protesting against was overseeing the implementation of what is a very the delay and serious cost overrun for the project. elaborate plan to bring the infrastructure of this Since then, the Government has built five kilo- country up to scale. It obviously irks people that metres of tunnel in a project which has overshot we have done this. by two years and \340 million. The Taoiseach The work was done not by politicians but by now asks the House to believe the Government the best engineers available to us who, day in day will build tunnels from Ballymun to Tallaght and out, are delivering successfully, whether it is the the inner city to the airport. What kind of cloud rail safety plan, the opening of Luas or the con- cuckoo land does he believe the rest of us join struction of the port tunnel, a hugely successful him in? This only backs up the campaign we operation and only the second tunnel of its kind launched yesterday which the Taoiseach so in Ireland. I have already given the figures on resented. buses, rail—— The Government Front Bench comprises a shower of wasters who will not come in to the Mr. S. Ryan: The figures are wrong. House to support the Taoiseach’s grand plan. They misrepresent facts and expect us to buy a Mr. McGinley: They do not stand up. pig in a poke. The transport plan is purely a media event to try to get out of the hole in which The Taoiseach: I will give the relevant figure the Government finds itself and the more it digs, again. The official figure on what has been pro- the deeper the hole becomes, although it is not duced in terms of buses in this country is 1,550 yet big enough to build a metro. between——

Mr. J. O’Keeffe: It is time for the Government Mr. English: We want figures on additional to go underground. buses, not new ones. 45 Leaders’ 2 November 2005. Questions 46

The Taoiseach: This country, which the Oppo- workers and hiring vulnerable people who will be sition is so happy to knock, has one of the most exploited through lower wages and poorer con- modern fleets of buses in Europe because the ditions? Is he aware that Irish workers in the Government has replaced them. It is a much public and private sectors are deeply concerned more modern fleet of buses. at the development and that they express that concern daily? The Taoiseach has condemned the Ms Burton: When was the Taoiseach last on Irish Ferries management, but what will his a bus? Government do about it? Is he aware that a draft EU directive on ferry An Ceann Comhairle: Allow the Taoiseach to services was proposed by the European Com- continue without interruption. mission but withdrawn in August 2004 because agreement could not be reached on the final text The Taoiseach: As I outlined, we have success- at the Council of Ministers? To his credit, a fully introduced a very good national develop- Fianna Fa´il MEP, Mr. Liam Aylward, asked the ment plan. It is not the case, as one Deputy indi- Commission if it intended again to propose a cated, that we have not completed projects. The directive on staffing conditions for ferry services opening of 185 km of motorway, including 66 km operating not only between EU member states this year, ranks very highly by international stan- but linking such states with other destinations. dards. We have built a massive 385 km of new Does Mr. Aylward’s question reflect Government dual carriageway and single carriageway in recent policy, and will the Government support and years and have bypasses in many parts of the lobby for the reintroduction of such a draft country. A total of \1.37 billion was spent doing directive so that social dumping on ferries and the this. Exchequer funding for CIE doubled, 1,550 setting of the lowest labour standards in order to buses were delivered, as were intercity carriages exploit workers further can be combatted and and new rail cars. In addition, we had the success ended? of Luas. Unfortunately, all we have seen today is the An Ceann Comhairle: The Deputy’s two usual old begrudgery of people who hate to see minutes are concluded. progress. Caoimhghı´nO´ Caola´in: On the same theme, Mr. Durkan: We hate to see a con job. this morning I met representatives of the Com- munication Workers’ Union. Does the Taoiseach Mr. J. O’Keeffe: The Government had its not also recognise that, in An Post’s refusal to chance. pay increases due under Sustaining Progress, its management is also contributing to the further The Taoiseach: I am proud of this land and erosion of confidence? The future of social part- what we are achieving. It is a pity that so far not nership has seriously been called into question. one member of the Opposition has been able to What is the Taoiseach’s view of IBEC’s support accept the benefit of what CIE, the National for An Post management, and what will he do? Roads Authority and all the other transport Will he call on An Post to pay the due increases bodies are successfully doing to improve the to its 8,500 workers—— transport system. People outside the House want to see this plan realised. The Government is An Ceann Comhairle: The Deputy’s time is doing this. We will not go back to using our concluded. money to pay the national debt accumulated by an irresponsible Government which doubled debt ´ in a four-year period. That is the reason we are Caoimhghı´nOCaola´in: ——recognising that not going back. only by doing that can we reach a situation where we can hang on to the Sustaining Partnership Mr. McGinley: The Taoiseach is rewriting agreement. All of the issues that An Post wants history. to bring to the table can then be substantively addressed by the CWU on behalf of its An Ceann Comhairle: Before Deputy O´ membership? Caola´in commences, perhaps I might point out that seven minutes are allowed for each leader’s The Taoiseach: I have answered the Irish Fer- question. The last question took 18 and a half ries point three weeks in a row, but I will briefly minutes, and I ask that Members co-operate. recap by saying that the issue is before the Labour Court. As Deputy O´ Caola´in stated, we Caoimhghı´nO´ Caola´in: Does the Taoiseach have examined our legislation at both European recognise that the social partnership process is and national level. Last week Deputy Rabbitte falling asunder? Does he realise there can be no also made some proposals in this regard. We must meaning or future for it if the management of see if there is a way of dealing with ships regis- Irish Ferries gets away with dumping Irish-based tered offshore that endeavour to use this country 47 Leaders’ 2 November 2005. Questions 48

[The Taoiseach.] regarding the PSEU is that, where it agrees and but keep their staff totally outside its jurisdiction. implements changes to work practices, Sustaining I have been advised to date that no law can do Progress will be paid on the same basis as to that. There is no relevant European law, and even members of other unions. if there were one, many of the flags of con- An Post has accepted the Labour Court recom- venience linked to other places would remain mendation and stated that pensioner members of outside of European Union law and the legal the AHCPS, CPSU and PSEU will also receive difficulties in trying to implement this would payments under Sustaining Progress. As I under- create substantial difficulties. stand it, An Post is prepared to continue nego- I met Irish Ferries management at the begin- tiations on that basis. ning of last week. I outlined the difficulty that its I have outlined the position in full regarding all actions have caused. It made all its arguments to the unions involved. Needless to say, I hope the me, but I do not accept that the procedures it discussions on the remaining parts will be used are valid. I know it argues that nearly all its successful. workers have applied for redundancy. It wishes to deal with that, but it has created difficulties in Caoimhghı´nO´ Caola´in: Does the Taoiseach the wider trade union movement. It is a bad prac- not recognise that his response to IBEC’s backing tice to remove Irish jobs in order for others to for the actions of Irish Ferries management will come in on lower rates. I have heard arguments only create greater concern among workers in the in that regard outside the House, but I still do not public and private sectors? The notion is implied agree with it and I have made my position very in his response that it is normal and acceptable clear. I have agreed to work with the unions to from an employer’s perspective, but it is no such examine its legality. The Minister has already thing; it is abnormal and must be addressed. If the done so and set out a detailed case to the unions. Taoiseach is not prepared to grapple with IBEC, Regarding IBEC agreeing with the employers, it recognising his special responsibility for the part- is the employers’ organisation. Since it tends to nership process, will he not now intervene with agree with employers, that does not surprise me. An Post to modify its intransigent position and On the issue of An Post, the membership of allow for payment to workers to proceed under the CWU has voted for strike action on the basis the Sustaining Progress agreement? Will he help of the non-payment of Sustaining Progress avoid—— increases. The union has granted the company 14 days before industrial action. That will expire on An Ceann Comhairle: The Deputy’s time is Friday. Talks are ongoing today to see what, if concluded. anything, might be done to deal with that. I do not want to say anything about them, other than Caoimhghı´nO´ Caola´in: ——a postal strike, to say that I naturally hope that they facilitate an with all its serious consequences for the econ- acceptable agreement. omy? Does the Taoiseach know that tomorrow On the pay issue the Deputy raised, the mem- thousands of Irish workers will march on this bership of the CWU voted for action, but it is not House in a further cry regarding their concerns clear what form that action might take. At the about the future of partnership and the serious request of the Minister for Communications, consequences of the actions of Irish Ferries man- Marine and Natural Resources, Deputy Noel agement of which I have given account? In Dempsey, the implementation body will facilitate conclusion—— today’s talks between the two sides to find a res- olution in the context of the Labour Court recom- An Ceann Comhairle: The Deputy’s time is mendation to which I referred last week. The concluded. AHCPS, the PSEU and the CPSU have referred the non-union payment of Sustaining Progress to Caoimhghı´nO´ Caola´in: ——will the Taoiseach the Labour Court for determination. The Labour take this matter further? Will it be raised at EU Court decided that members of the AHCPS and level and beyond so that the abuses by Irish Fer- CPSU have agreed and implemented change ries management can be stamped out and no agreements and on that basis are entitled to Sus- other employer, Irish or otherwise, seeks to adopt taining Progress increases as set out in the Labour such a threatening and serious approach, which Court recommendations issued last summer. can only damage the Irish economy? That means that Sustaining Progress payments due this year and next will be paid from the due The Taoiseach: I do not believe I misheard dates. That due in 2003 and 2004, which amounts Deputy O´ Caola´in, but if I did, I apologise. The to 5%, was paid to An Post employees and pen- question he asked was about IBEC in the context sioners from 1 January 2005 on foot of the of An Post and I said that was normal practice. assessor’s report, and retrospective payments due will be considered in the context of the company’s Caoimhghı´nO´ Caola´in: No, it was in the con- financial situation. The recommendation made text of Irish Ferries, and I put it clearly. 49 Ceisteanna — 2 November 2005. Questions (Resumed) 50

An Taoiseach: I will not argue, but I thought and if he will make a statement on the matter. the Deputy said the opposite. As regards Irish [26560/05] Ferries, I am on record to the effect that I thought that was an ill-advised position for IBEC to take. 5. Caoimhghı´nO´ Caola´in asked the Taoiseach In fairness to the director general of IBEC, he the costs to his Department of the Moriarty tri- changed the confederation’s position on that bunal since its establishment; the projected costs about three or four weeks ago, which I certainly for the completion of the tribunal; and if he will appreciated. I believe IBEC should not have make a statement on the matter. [27687/05] taken the line it did. I answered as regards what it said about An Post, because it is the employers’ The Taoiseach: I propose to take Questions organisation, rather than about Irish Ferries. Nos. 1 to 5, inclusive, together. I have outlined the situation. It is not for me to The total costs incurred by my Department in be directly involved in any of these disputes. That respect of this tribunal from 1997 to 30 is not the practice and it is not the correct or September 2005 is \21,364,879. This includes fees appropriate procedure. I have just outlined the paid to counsel for the tribunal and admini- factual position. The industrial relations machin- stration costs incurred to date since its establish- ery, including the Labour Court, the Labour ment. Total payments made to the legal team Relations Commission, the conciliation councils were \16,052,473 up to 30 September, 2005. and the registered trade agreements as well as the As regards the projected costs for the com- National Implementation Body, NIB, should be pletion of the tribunal, it is impossible to predict used to resolve such matters. I have indicated what costs may be awarded, and to whom, by its strongly that these are issues I should like to see sole member. The overall estimate for 2005 is resolved and will not change. The Minister for \10.552 million. The day to day costs for the tri- Communications, Marine and Natural Resources, bunal provided for in the Estimate for 2005 Deputy Dempsey, has been enormously helpful amounts to \4 million. However, provision of an in trying to resolve these issues and in trying to additional \6.5 million was made to cover costs be fair. such as report publication and some element of award of legal costs in the event that the tribunal Caoimhghı´nO´ Caola´in: He has backed An completed its work in 2005. I propose to circulate Post—— in the Official Report the costs accruing for the tribunal in respect of each year. The Taoiseach: Every Minister involved in such Given the subject matter of this reply, I think disputes is attacked by both sides, and the Mini- it opportune to inform the House that this morn- ster, Deputy Dempsey’s position is the same. He ing the Government agreed to a request to extend has been working hard to try to find resolutions the deadline for completion of the tribunal. The for the issues involved and will continue to do so. date originally envisaged for the application of the new fees to the Moriarty tribunal was 11 Ceisteanna — Questions (Resumed). January 2006. This was calculated on the basis that the tribunal’s programme of work, as it stood ———— in mid-2004, would be concluded on or about that date. Due to unforeseen circumstances that have since arisen, the extensive nature of its terms of Tribunals of Inquiry. reference and ongoing inquiries, and litigation by 1. Mr. Kenny asked the Taoiseach the costs the parties involved, the tribunal has requested which have accrued to date to his Department in that it be given an additional amount of time to respect of the Moriarty tribunal; and if he will complete its work. make a statement on the matter. [24244/05] The matter has been discussed with the tri- bunal. Given the relative imminence of the con- 2. Mr. Sargent asked the Taoiseach the entire clusion of its work, it is believed that it is reason- cost to the State to date of the Moriarty tribunal; able to facilitate its continuance until 30 June the estimate of future costs; and if he will make 2006. This represents an extension of five and a a statement on the matter. [25209/05] half months on the previously expected com- pletion date. It is to be borne in mind that the 3. Mr. J. Higgins asked the Taoiseach the costs tribunal has been in operation for eight years and to his Department during 2005 in relation to the is now nearing its completion. Moriarty tribunal; and if he will make a statement It is expected that the new tribunals legislation on the matter. [25358/05] will be enacted prior to 30 June 2006. Therefore, there should be no obstacle to reducing fees pay- 4. Mr. Rabbitte asked the Taoiseach the costs able to lawyers appearing before the Moriarty tri- accruing to his Department in respect of each bunal after that date, in the event that it has not year since the Moriarty tribunal was established; completed its work by then. 51 Ceisteanna — 2 November 2005. Questions (Resumed) 52

[The Taoiseach.] times as various parties have had resort to the Additional information not given on the floor of courts. In assessing the balance sheet, it is fair to the House. say that. The costs of the tribunal accruing in respect In his reply to Deputy Sargent, did the of each year is as follows: Taoiseach say that there is informal contact 2005 up to 30 September = \2,721,631 between the tribunal and the Office of the = \ Attorney General and that there is an end in 2004 up to 30 September 3,610,026 sight? Has the Taoiseach further information on 2003 up to 30 September = \3,440,954 a question which I put to him before about this, 2002 up to 30 September = \2,799,057 whether the figures he has given in the House include the cost of litigation engaged in to date 2001 up to 30 September = \2,242,361 and whether the State is picking up the bill for 2000 up to 30 September = \2,171,921 that? Is that included in the figures he has given the House? 1999 up to 30 September = \2,139,665 1998 up to 30 September = \1,685,962 The Taoiseach: On the first point, it is true that 1997 up to 30 September = \553,303 there have been a number of unforeseen circum- stances. The extensive nature of the terms of ref- erence, ongoing inquiries and litigation by parties Mr. Sargent: The Taoiseach has indicated that have contributed to this. Nonetheless, the tri- the goalposts have been moved again. The con- bunal believes that its work can be finished clusion date of 11 January has been put back. Can entirely by 30 June 2006. The Attorney General, he estimate how long the Moriarty tribunal will who has been notified of the reasons for the continue, based on current information? Will he extension, has told the Government that he clarify the situation as regards the unforeseen cir- believes this is the last one and that the tribunal cumstances, given the unacceptable cost that is will finish on 30 June. It remains to be seen involved, since the inquiry is about corruption whether that is the case, but I understand that it within the political process? What unforeseen cir- is, so long as no further difficulties arise. cumstances make it impossible to predict when the tribunal will finish? Given the proposed sca- The position is not so clear as regards Deputy ling down of the fees, will he indicate what has Rabbitte’s second question. The total cost which \ been the response to date on that from the tri- I have given is 21,364,879. This figure includes bunal? Is it a matter of course that this will take fees paid to counsel for the tribunal, admini- place or are there unforeseen difficulties in that stration costs incurred to date and the cost of the regard too, given that the House would like to legal team. It is impossible, however, to predict minimise the cost of the tribunal? the projected cost upon completion, including what costs may be awarded and to whom by the The Taoiseach: The Deputy has asked a sole member of the tribunal. That is not in our number of questions. The tribunal states it will estimation. Such decisions must be made by the finish its work by the end of June next year. chairman and will depend on those who try, in Given the unforeseen circumstances as regards whatever form, to recover their costs. The pre- the litigation of parties involved and other cedent set by other tribunals suggests that some matters, it remains confident that it will finish by but not all third-party costs will be allowed. next June. The new legislation will be in place by I included some \10 million for this purpose in then. That means we will automatically move to this year’s Estimates. I have already released a the new fees arrangements. We have agreed those major part of this into the Exchequer because it dates. Were it not for genuine delays and is clear the tribunal will not end this year. We additional work, the new fees regime would be in must decide what figure to factor in for next year. place anyway. The Attorney General and The Government has no clear idea in this regard Government agree that it is reasonable in these and this year’s figure was indicative. We do not circumstances to allow the tribunal the time it know whether it is too much or too little. needs to finish. I am advised, however, that the tribunal is confident it will finish by the end of ´ June next year. Caoimhghı´nOCaola´in: What is the Taoiseach’s reaction to Mr. Justice Moriarty’s Mr. Rabbitte: Does the Taoiseach agree that ruling on 29 September, rejecting submissions this tribunal has continued for much longer than from Mr. Denis O’Brien that—— anyone could have anticipated? Is it not fair that we factor in the number of times its work has An Ceann Comhairle: The business of a tri- been obstructed? That is not a value judgment on bunal should not be discussed in the House. my part as to whether it ought to continue, but There are many rulings from the Chair that such merely to note that it has been obstructed many issues are not a matter for the Da´il. 53 Ceisteanna — 2 November 2005. Questions (Resumed) 54

Caoimhghı´nO´ Caola´in: It was extremely diffi- as opposed to one that may again be extended cult to follow what the Taoiseach said in response due to litigation or some other of the factors to Deputy Sargent. In the context of the ruling to listed in his reply. Has he reason to believe this which I referred, does the Taoiseach not antici- is a more definitive date than the other dates that pate any extensive roll-on in time in regard to the were extended? Moriarty tribunal’s sittings? Are there cost impli- cations from this ruling for his Department? It The Taoiseach: This extension was requested is unclear whether the new fee to apply from 11 by the sole member and it his belief that the tri- January 2006 will kick in as of that date, irrespec- bunal will end on that date. As the end tive of what progress has been made by the tri- approaches, he has a clearer picture of the work bunal at that time. remaining to be done. I have never asked the tribunal for interim The Taoiseach: I will try to be clear. An exten- reports because its terms of reference were sion was sought for the reasons outlined in my devised by the Oireachtas and it would be inap- reply and reiterated to Deputies Sargent and propriate for me to do so. Rabbitte. It is hoped the tribunal will complete its work by the end of June. The new fee rate will Mr. Bruton: Was a first interim report come in after that. presented?

Caoimhghı´nO´ Caola´in: The specified time was The Taoiseach: Subject to correction, I under- 11 January. stand no interim report was provided by the Moriarty tribunal. The Taoiseach: Yes. However, I have given the In regard to fees, the former Minister for Fin- reasons for the change in this regard. Due to the ance, Charlie McCreevy, believed the proposed extensive nature of its terms of reference, its system was fair, based on the workload and com- ongoing inquiries and the litigation of parties mitment of those working at the various tribunals. involved, the tribunal has asked for additional The Attorney General, on behalf of the Govern- time to complete its work. ment, consulted them in agreeing a date on which I can make no comment or judgment in regard the new fee structure would come into operation, to any of the tribunal’s decisions. Neither do I provided there was not some extension of the know what costs will be given by the sole terms of reference or some additional work to be member. These are matters he must adjudge at undertaken. Such dates were agreed with all the the completion of his work. tribunals, some now in the past and others still to come, with a view to ending the current fee Mr. Bruton: The terms of reference made pro- system. vision for the publication of an interim report not The instigation of a new system of committees later than three months from the date of estab- of investigation will be the new way of dealing lishment of the tribunal. Was such a report with what has been dealt with by tribunals. The presented to the House? Has the Taoiseach asked new tribunals of inquiry legislation, which will for any subsequent reports that would give some come before the House shortly, will provide a indication of the tribunal’s thinking, bearing in new framework for tribunals of inquiry and mind that some of the issues, apart from the require the chairperson to conduct an inquiry in investigative side, concern recommendations in a cost effective and efficient manner. It will also regard to public policy, including those relating provide the Oireachtas with a more flexible to the Revenue Commissioners, Central Bank, mechanism for such inquiries, one that will focus accountancy law and procedure, company law on taking evidence in public. Some elements of and public administration? Has the Taoiseach, the Commissions of Investigation Act 2004 relat- over the years, sought interim reports that could ing to the efficient management of investigations, shed light on how we can prevent any corrosion provision of interim reports and requirements to of the nature in which we do business across all prepare an estimate of the timeframe and cost of these spectrums? an investigation will be incorporated into the The terms of reference also specify that the forthcoming tribunals of inquiry Bill. These two inquiry should be completed in as economical a items of legislation reflect our experience of these manner as possible and at the earliest stage con- issues over the last eight years or more. There sistent with the fair examination of the relevant will be a new process in the future. matters. The Taoiseach has stated that provision of \4 million has been made for the 12 sitting Mr. Sargent: It is becoming increasingly clear days that remain this year. Is he satisfied these that the Taoiseach must not simply come into the are soundly based costings? Rather than defer- House and say he is pushing back the date on ring the date when lower costings will come into which the new rates kick in. On 22 June, he said place, should we not bring forward that date? The that if there was to be any change in the coming Taoiseach suggests 30 June is a definite end date into force of the new fees by 11 January 2006, he 55 Ceisteanna — 2 November 2005. Questions (Resumed) 56

[Mr. Sargent.] up a tribunal, particularly if this tribunal is to be would bring the matter back before the House. finished next summer, that would be an unfair This is something that cannot be passed off with interpretation to put on it. the reply that the date has been shifted. This House must consider whether it is right to put Mr. Sargent: The Taoiseach has given in to it. back the date of the new rates. Will the Taoiseach bring a more substantial motion before the House The Taoiseach: With regard to the legislation, so Members can decide whether the new date is the new tribunals of inquiry Bill will be passed, to be applied or whether the new rates are to which will mean that when work comes to an end become effective later than was arranged? Where they should be able to move on this. All the other is the legislation that was promised? The tri- tribunals are still working to that deadline. It is bunals of inquiry Bill has been promised in the not a question that this is just being rolled over last two sessions. Is it not the case that the but the chairman has given a fixed date to end Taoiseach finds himself on the back foot due to the tribunal and to deal with all aspects. If that the delay in introducing this legislation and that does not happen, it is a problem but at least the the solicitors are, essentially, calling the shots—— plan to complete it has been outlined. Based on that, the Attorney General brought the matter to An Ceann Comhairle: That question does not the Cabinet and the Cabinet approved it. arise under these questions. Obviously, the Minister for Finance——

Mr. Sargent: ——at an expensive rate? A sum Mr. Sargent: The House has not approved it. \ of 213,000 is the new rate and that is a reduced, The Taoiseach said he would bring the decision bargain rate given the new rates being proposed to the House. for a senior counsel. Much money has still to be paid out. An Ceann Comhairle: I call Question No. 6. ´ Caoimhghı´nOCaola´in: What lobby was Mr. Sargent: The Taoiseach said it would come employed to get the Taoiseach and his colleagues before the House. The House has not to concede the extension of the old rates from 12 approved—— January to the suggested date of the end of June? Who ultimately took the decision to concede? An Ceann Comhairle: I ask Deputy Sargent to Was any consideration given to, and what is the resume his seat. I have called Question No. 6. Taoiseach’s view of, the consequences of this decision on the Moriarty tribunal applying to the other tribunals that have set dates for the new Mr. Sargent: I am simply calling for order in fees to become effective? There are many ques- the House. tions about this and I urge the Taoiseach to be as open as possible in the House. An Ceann Comhairle: The Deputy has been given much latitude on this question today. The Taoiseach: This issue does not arise directly from the question. I raised it in the reply Mr. Sargent: The Taoiseach said he would because it was appropriate to do so. The Govern- bring that decision before the House. The House ment only made the decision on this today. There has not approved moving that date back. was no lobbying on this issue. The original dates were fixed by conversation between the Attorney An Ceann Comhairle: I call the Taoiseach on General and the ten chairmen of the tribunals on Question No. 6. dates of completion. If there is some new work under the terms of reference, something comes to Mr. Sargent: It is taxpayers’ money. light, there are delays because of litigation or some other difficulty arises, the work cannot be Mr. Rabbitte: Representations from the Law completed. All these matters arose in this case Library could not be described as lobbying. and the chairman stated that to complete the work efficiently and to retain the team, that time The Taoiseach: Definitely not. was required. Mr. Sargent: They have something on him. Mr. Sargent: Blackmail, in other words. Freedom of Information. The Taoiseach: That would be entirely unfair both to the legal team and to Justice Moriarty. I 6. Mr. Kenny asked the Taoiseach the number have my own views about the tribunals and trying of freedom of information requests received by to get them all to the date but where there is his Department since January 2005; and if he will additional work, litigation or other issues to hold make a statement on the matter. [24247/05] 57 Ceisteanna — 2 November 2005. Questions (Resumed) 58

7. Mr. Kenny asked the Taoiseach the total Mr. Sargent: Will the Taoiseach consider amount in fees relating to freedom of information renaming the freedom of information legislation requests received by his Department since the tax on information legislation? January 2005; and if he will make a statement on the matter. [24522/05] An Ceann Comhairle: That is a matter for the Minister for Finance. 8. Mr. Sargent asked the Taoiseach the number of freedom of information requests made to his Mr. Sargent: The Taoiseach can convey the Department to date in 2005; the number acceded sentiment. Is the Taoiseach aware of the response to; the way in which this compares to a compar- to the downgrading of the freedom of infor- able period in 2004; and if he will make a state- mation legislation as is seen in fewer requests? ment on the matter. [25211/05] This was expressed by the Democracy Com- mission which recently published its report. 9. Mr. Rabbitte asked the Taoiseach the number of applications received under the Free- An Ceann Comhairle: The Deputy’s question dom of Information Act 1997 in the first nine refers specifically to freedom of information months of 2005; the way in which this compares requests made to the Taoiseach’s Department in with the figures for the same period in 2002, 2003 2005. General questions on the Freedom of Infor- and 2004; and if he will make a statement on the mation Act, as the Deputy knows, are a matter matter. [26562/05] for the Minister for Finance, and the Deputy should submit questions to that Minister. 10. Caoimhghı´nO´ Caola´in asked the Taoiseach the number of freedom of information requests Mr. Sargent: I will comply rigorously with the acceded to by his Department since January 2005; Ceann Comhairle’s guidance. Does the Taoiseach the number for the period January to end of accept that the information being sought, perhaps \ September 2002; and if he will make a statement by a journalist, at a cost of 150 per request could on the matter. [27688/05] well cost a great deal if a number of requests must be made to pursue a line of inquiry? Does he \ The Taoiseach: I propose to take Questions accept that if it costs 450 for three requests or, \ Nos. 6 to 10, inclusive, together. perhaps, 600 for a further request, that is excessive? I propose to circulate in the Official Report the information requested by the Deputies on the fig- ures regarding freedom of information appli- An Ceann Comhairle: That is a matter for the Minister for Finance. cations received in my Department. From 1 January 2005, \825 was received in respect of application fees and \35 was received in respect Mr. Sargent: The Taoiseach has to deal with of search and retrieval fees. All freedom of infor- this given that requests are made to his Department. mation applications to my Department are pro- cessed by statutorily designated officials in accordance with the 1997 and 2003 Acts and, in An Ceann Comhairle: I ask the Deputy to obey accordance with those statutes, I have no role in the Chair’s ruling on the matter. the processing of individual applications. Mr. Sargent: I am endeavouring to, a Cheann Comhairle. Year Received Granted Part- granted An Ceann Comhairle: You are not, Deputy. 2002 You are going well outside the question. This 1 Jan-30 Sept 100 28 26 question refers specifically to requests to the 1 Oct to 31 Oct 13 4 2 Taoiseach’s Department. 2003 1 Jan-30 Sept 131 35 43 Mr. Sargent: That is exactly what I am dis- 1 Oct to 31 Oct 2 — 1 cussing, a Cheann Comhairle. 2004 1 Jan-30 Sept 27 8 6 An Ceann Comhairle: It has nothing to do with 1 Oct to 31 Oct 12 5 2 the general rules governing freedom of infor- 2005 mation requests. 1 Jan-30 Sept 33 11 11 1 Oct to 31 Oct 15* — — Mr. Sargent: I am talking about requests to the Taoiseach’s Department and it may well cost * Ongoing. \600 to secure the information. 59 Ceisteanna — 2 November 2005. Questions (Resumed) 60

An Ceann Comhairle: That is a matter for the Caoimhghı´nO´ Caola´in: With regard to the Minister for Finance. statistics, what is the Taoiseach’s response to the Information Commissioner, who has stated that Mr. Sargent: I ask that question in the public the decline in usage of the Act has gone far interest. It applies to the Taoiseach’s beyond what the Government envisaged when it Department. decided to introduce fees? These are statistical questions. Does the Taoiseach agree with the The Taoiseach: With regard to my Depart- Information Commissioner? Will he, therefore, ment, the fees for the year to date are \825 and strengthen the Act—— \35 in respect of search and retrieval fees. I cannot answer for other Departments, although I An Ceann Comhairle: That is a matter for the do not believe they are different from mine, but Minister for Finance. The Deputy is well aware in my Department there is no cost for personal of the fact that this issue refers specifically to the information, follow up on personal information Taoiseach’s Department. or appeal on personal information. The cost is \15 with regard to anybody else. I do not know Caoimhghı´nO´ Caola´in: I am trying to work what line of questioning the Deputy is following within the restrictions. because that is not the cost of a freedom of infor- mation request. An Ceann Comhairle: I suggest that the Deputy submit a question to the Minister for Fin- Mr. Rabbitte: Are there any bodies under the ance and then there would be ample opportunity aegis of the Taoiseach’s Department to which the to raise these questions. Act has not yet been extended? Does the Government plan to extend it to the Garda Caoimhghı´nO´ Caola´in: On the Taoiseach’s Sı´ocha´na? position and that of his Department, does he hold with the Information Commissioner’s view as to The Taoiseach: It has been extended to a why there has been a steady decline in the use of number of organisations but I cannot recall them the Freedom of Information Act to access infor- now. It is a long list. With regard to my Depart- mation from his Department? Surely that applies. ment, to the best of my knowledge all the agen- cies are covered. If not, I will let the Deputy The Taoiseach: I noted the points which the know which ones are not. Information Commissioner highlighted in her report of last year on the operation of the Act. Mr. Rabbitte: What about the Garda My understanding was that she was more con- Sı´ocha´na? cerned about the costs of appeal to her office than about the \15 application fee, which is gen- An Ceann Comhairle: That does not arise erally not seen as a large amount. It is important under the Taoiseach’s Department. There are to point out there is no charge for the time under- other ways of raising that. taken in making a decision on a freedom of infor- mation request and most other jurisdictions Mr. Rabbitte: You have almost made the impose such a charge in addition to the appli- Taoiseach redundant in this House, a Cheann cation fee. Comhairle. It is important to note that a person who appeals to the commissioner receives a prelimi- nary decision, which is a good indication of the An Ceann Comhairle: I call Deputy O´ Caola´in. likely final decision. Even at that 5 o’clock stage of the process, the requester Mr. Rabbitte: And me along with him. can withdraw the appeal and obtain a full refund of the fees. ´ Caoimhghı´nOCaola´in: I wonder how far I will With regard to the cost of appeal to the Infor- get. Is the National Treatment Purchase Fund to mation Commissioner, practice differs inter- be included, before the Ceann Comhairle rules nationally. For example, while a fee of approxi- me out of order? mately \360 is charged by the Australian Government, regional states in Australia do not An Ceann Comhairle: Deputy O´ Caola´in. charge for an appeal to the commissioner. In the case of my Department, the reality is Caoimhghı´nO´ Caola´in: I know. I saved you that the main change has occurred at the appli- saying it, a Cheann Comhairle. cation stage. It is unclear whether that is due to the introduction of an application fee or a work- An Ceann Comhairle: If the Deputies are not ing through of pent-up demand in the early years, happy with the Standing Orders as they apply, which I believe is the reason. No doubt fees have they know how to change them. had an impact but I do not believe that in the 61 Request to move Adjournment of 2 November 2005. Da´il under Standing Order 31 62 case of my Department the size of an application arose because this was the first time freedom of fee of \15 is the reason for that. As I have out- information was available and people wanted to lined, not many of these from my Department go know details about the past, about process and to appeal. A small number of applications go to about systems. There are only so many such ques- appeal. I do not believe the fee is the difficulty. tions. People wanted to find out about internal No doubt the Minister for Finance will look care- reviews for promotion and what happened in var- fully at any points that the commissioner makes. ious internal circumstances relating to human resource issues. Once answered, such requests are Mr. Bruton: I note that prior to the date when answered. There is no great change or difference the fees were introduced, the rate of requests to about those. People wanted information on circu- Taoiseach’s Department was running at 17 per lars and what circulars governed procurement month and, since that date, the rate has dropped issues, contract issues and so on. Requests for to four per month. Less than a quarter of the earl- such information are not repeated once the ier number of requests is being made. Were those requests are fulfilled. other 13 requests per month frivolous? Did the On the changes made to the Act in 2003, the Taoiseach’s Secretary General advise that there status quo was maintained on the ten-year rule were many frivolous requests for information that for release of Cabinet records. No Secretary were extremely costly? When the Taoiseach went General certificates have been issued and no des- to consider this issue at Cabinet, as he undoubt- ignated Cabinet working papers have been certi- edly did, was he armed with a great deal of infor- fied. In the case of protection for inter-ministerial mation about the frivolity with which people were communications relating to Cabinet discussions, treating this in his Department? I note he stated it can reasonably be said to have had a significant in his reply that his Department does not charge impact on the volume of freedom of information the \75 internal review fee. requests. None of the other areas saw changes. Therefore, it cannot be any of these areas. It is The Taoiseach: No, we do if there is an internal hardly due to the initial cost. That is my view of it. review. The upfront fee is \15. Not many requests go to appeal. There are not many requests for an Written Answers follow Adjournment Debate. internal review. We give the information and then one does not get into that process. Request to move Adjournment of Da´il under Mr. Bruton: What is the Taoiseach’s policy on Standing Order 31. \ the 75 review fee? In how many instances has Mr. P. Breen: I seek the adjournment of the the decision gone the whole way, where the per- Da´il under Standing Order 31 to debate the fol- son has had to go to the Information Com- lowing urgent matter: that the Minister for Health missioner to appeal his Department’s decisions? \ and Children meet a deputation to discuss the In such cases, 230, which is non-refundable, absence of a 24-hour ambulance service in the becomes the total cost of the request. Is that a Scarriff-east Clare area and that the Department frequent occurrence in Taoiseach’s Department? and the Health Service Executive provide the necessary funding for 24-hour cover in the area. The Taoiseach: In my Department, out of a total of 1,143 freedom of information requests received to date, 94 were received for internal Mr. Durkan: I seek the adjournment of the review. As I stated earlier, the personal cases, Da´il under Standing Order 31 to debate the fol- which many of these would be, would not be lowing urgent matter: the imminent danger of covered. In my Department, since the introduc- industrial action in An Post arising from unre- tion of the Freedom of Information Act seven solved difficulties with the distinct possibility of and a half years ago, a total of 13 requests have the termination of services with obvious negative been investigated by the Information Com- consequences for consumers, the economy and missioner. We are talking about 1% or postal workers, and the urgent need for the Mini- thereabouts. ster for Communications, Marine and Natural In case I confused the Deputy, we charge for Resources to report to the House on his dis- the internal review of non-personal cases. There cussions to date with either or both parties with is not a high number of such cases. We try to a view to ensuring the continuity of services and satisfy the respondents in the first case to avoid lasting resolution to the underlying issues. that decision. On the Deputy’s first question, there were Caoimhghı´nO´ Caola´in: I seek the adjournment definitely a small number of individuals, either of the Da´il under Standing Order 31 to debate acting for themselves or acting as agents and try- the following urgent matter: the report of the ing to make a business out of this, who were sub- Police Ombudsman in the Six Counties which mitting a significant number of freedom of infor- implicates six members of the RUC special mation requests in the early years. Many requests branch in six sectarian murders between 1993 and 63 Order of 2 November 2005. Business 64

´ [Caoimhghı´nOCaola´in.] Order of Business. 2000 and in the attempted bombing of the Sinn The Taoiseach: It is proposed to take No. 9, Fe´in office in Monaghan town in 1997. motion re Social Welfare Consolidation Bill 2005; and No. 13, Health and Social Care Professionals Mr. Broughan: I seek the adjournment of the Bill 2004 [Seanad] — Order for Report, Report Da´il under Standing Order 31 to debate the fol- and Final Stages. It is proposed, notwithstanding lowing urgent matter: the grave importance for anything in Standing Orders, that No. 9 shall be the Minister for Communications, Marine and decided without debate; and Private Members’ Natural Resources to address the serious diffi- business, which shall be No. 40, motion re Irish culties at An Post in the light of imminent strike unity, shall also take place tomorrow immediately action arising from the failure of An Post man- after the Order of Business and shall be brought agement to pay Sustaining Progress arrears to An to a conclusion after 90 minutes on that day. Post workers and pensioners and other outstand- ing industrial relations matters at the company, An Ceann Comhairle: There are two proposals and to discuss what action the Minister is under- to put to the House. Is the proposal for dealing taking to resolve this dispute in the run-up to the with No. 9, motion re Social Welfare Consoli- busy Christmas period. dation Bill 2005, agreed? Agreed. Is the proposal for the taking of Private Members’ business Mr. Crowe: I seek the adjournment of the Da´il tomorrow agreed? under Standing Order 31 to debate the following urgent matter: the need to allow the Minister for Caoimhghı´nO´ Caola´in: In the event that the Education and Science, Deputy Hanafin, to Health and Social Care Professionals Bill would address the Da´il concerning her failure to include impact on Private Members’ time, I propose that The Morning Star mother and baby unit as an we would allow for the full 90 minutes this institution for consideration by the Residential evening, following on the conclusion of—— Institutions Redress Board which has lead to a woman feeling she has no other option but to go An Ceann Comhairle: There is no proposal on hunger strike outside the Da´il to have her suf- before the House so the debate will commence at fering recognised. This is a matter of some 7 p.m. urgency as the woman is approaching two weeks Caoimhghı´nO´ Caola´in: If a vote is called, that of protest in all weathers. will impact on the time. I ask for agreement that in the event that a vote is called, we would allow Mr. Healy: I seek the adjournment of the Da´il the full time. This has been accommodated in under Standing Order 31 to debate the following such a manner in the past. urgent matter: the need for the Government to designate south Tipperary and the south-east Mr. Stagg: I propose that the House agrees to region for category one status under European this. Union regional aid for the period 2007 to 2013 given that south Tipperary and the south east An Ceann Comhairle: The House can agree to have lost out economically and socially over the it or time can be added on tomorrow, last period. whichever——

Dr. Cowley: I seek the adjournment of the Da´il Mr. Boyle: This refers to tonight’s business. under Standing Order 31 to raise a matter of national importance, namely, the failure to Caoimhghı´nO´ Caola´in: My suggestion is only develop the Mayo- end of the western rail in anticipation. The problem might not present corridor which is essential for balanced regional itself. development and which could be done very easily by incorporating the existing Mayo-Dublin main- An Ceann Comhairle: Have we a proposal? line rail service into an inter-town local train com- The Taoiseach: The proposal is that we would muter service. It could be opened almost immedi- not lose time if there is a vote at 7 p.m. ately, like the western rail corridor, and not in nine and a half years, considering that the rail and Caoimhghı´nO´ Caola´in: We would continue on. trains are already in existence and all that is lack- ing is a will to proceed to develop Mayo services An Ceann Comhairle: Go raibh maith agat. and to address regional development. Caoimhghı´nO´ Caola´in: Thank you. An Ceann Comhairle: Having consider the matters raised, they are not in order under Stand- An Ceann Comhairle: On the Order of Busi- ing Order 31. ness, I call Deputy Bruton. 65 Order of 2 November 2005. Business 66

Mr. Bruton: I am not sure whether it is three, he clearly has not. Will the Dublin transport auth- four or five years since the Planning and ority be on a statutory basis? If so, when will the Development (Strategic National Infrastructure) proposals be introduced? What does the Bill was initiated as a high priority Bill. As we Taoiseach mean when he says it will be a national come to the end of the national development authority for Dublin? We had enough problems plan, we have not seen the Bill and most likely when it was confined to Dublin. will not see it before the national development plan expires. In the context of the new transport Mr. Boyle: Dublin is the nation. plan, is this Bill regarded as a high priority or is it taking a back seat? Mr. Rabbitte: I thought the Minister made a The greater Dublin area land use and transport definite commitment on this matter yesterday. authority Bill, a Bill that was close to the heart of a former Minister, Senator O’Rourke, was on the A Deputy: That was yesterday. list of proposed legislation for a long period but was then dropped. Was I correct in hearing the Caoimhghı´nO´ Caola´in: It sounds like Dublin Minister state yesterday that it was back on will make a UDI. again? It must be five years since the former Minister, Senator O’Rourke, presented the pro- Mr. Stagg: It is a rural solution to a Dublin posal as a red paper and a blue paper but it then problem. fell by the wayside. Is it now finding its way back? Perhaps I am mistaken but I understand a pro- Mary Coughlan: That is what we need. posal was made that responsibility for ports might move to the Department of Transport. Perhaps The Taoiseach: The Bill that was listed for this comes under the slogan “Dempsey delivers” some years will not go ahead. The proposals in — he delivers things out of his Department to the Bill are not sufficient, and it is not considered other Departments. Will we have legislation or to be useful or workable. The Minister stated yes- an order rearranging ministerial responsibilities terday that changes will be required to get all of in that context? the transport organisations working together to implement a plan of the scale proposed based on Mr. Rabbitte: To be fair, he delivered the e- what has been happening for the past five or six voting machines to the Minister, Deputy Cullen. years. Whether these changes are administrative, legal or otherwise, the Minister will bring them The Taoiseach: The heads of the Planning and forward with the intention of getting the trans- Development (Strategic National Infrastructure) port organisations to work more effectively Bill were approved in the early part of the sum- together. mer. The Bill is due in the spring session. The greater Dublin area land use and transport auth- Mr. Rabbitte: Not even the Minister of State, ority Bill, which was only for the Dublin area, was Deputy Brian Lenihan, would be able to explain dropped some time ago. The Minister announced that on television. yesterday that his Department and the relevant agencies are considering the issue of better co- Mr. Sargent: I am not sure whether the ordination. Whether that means legislation or Taoiseach is talking about a can of oil or legis- some other way—— lation to get all the agencies to work together. Can we have clarity with regard to the promised Mr. Bruton: The Bill is half way back. legislation required for the implementation of the Transport 21 plan announced yesterday? Is a new The Taoiseach: The Bill is to bring coherence Bill planned that will not be called the greater to half a dozen organisations, working together. Dublin area land use and transport authority Bill? The Minister referred to a high powered Mr. Bruton: Bring back Senator O’Rourke. She organisation required to co-ordinate 17 public did the work on this ages ago. bodies dealing with Dublin alone, never mind the rest of the country. When will the relevant legis- The Taoiseach: It is needed not for the Dublin lation be published? area but nationally. I have tried previously to get an answer on a An examination is under way with regard to fundamental question for the House. The tribunal having the ports under the Department of Trans- of inquiries Bill has been promised “this session” port. The two relevant Ministers are to bring for- for some years. If it is not published soon, the ward proposals on this issue. House must have a motion to agree, or otherwise, the rowing back of the date for fees—— Mr. Rabbitte: I was about to say that Deputy Bruton had left me deprived of any questions to An Ceann Comhairle: That does not arise. I ask. However, on hearing the Taoiseach’s answer, call the Taoiseach to respond on the legislation. 67 Order of 2 November 2005. Business 68

Mr. Sargent: The matter of fees for solicitors An Ceann Comhairle: It does not arise on the and senior counsel does arise in the House. The Order of Business. I suggest the Deputy submits Taoiseach stated the matter will have to be a question to the appropriate Minister. brought to the House. Mr. O’Dowd: The question is if there is no one An Ceann Comhairle: Only promised legis- to deal with the legislation—— lation arises. An Ceann Comhairle: The question has Mr. Sargent: The spending of public money and already been dealt with by Deputy Bruton. It is a promise by the Taoiseach to bring a matter to now 5.20 p.m. and we still have not finished the the House is a matter for the Order of Business. Order of Business. He promised to bring it to the House. Mr. Kitt: It will be dealt with early next year. An Ceann Comhairle: The Chair has ruled on the matter. Ms McManus: Now that Hallowe’en is out of the way, people are looking forward to Mr. Sargent: I ask the Taoiseach to comply Christmas. However, many of our elderly are still with his promise. owed much money by the Government. Will the Taoiseach inform the House as to when precisely An Ceann Comhairle: The Deputy should legislation will be introduced to ensure they get allow the Taoiseach to answer his legitimate their money back? Will there be a Supplementary question. Estimate, as promised by the Ta´naiste and Mini- ster for Health and Children, to provide those The Taoiseach: The legislation is due this moneys? session. The Taoiseach: The repayment scheme for Mr. Sargent: Which legislation? charges for publicly funded residential long stay care Bill is due at the end of this year. The Taoiseach: The tribunal of inquiries Bill is due this session. To respond to the Deputy’s Caoimhghı´nO´ Caola´in: On a recent Order of other point, if I state that a matter will be brought Business, I objected to a motion being taken to the House and then, in a Parliamentary Ques- without debate regarding the Houses of the tion unrelated to what I was asked, I actually Oireachtas Commission. The Taoiseach bring the information to the House—— responded that I would have the opportunity to address this matter in the debate on the Esti- Mr. Sargent: It was the Taoiseach’s decision. mates. Today, I was advised by the Taoiseach’s Department that it transpires that is not the case. The Taoiseach: The House agreed motions and Given the serious concerns I expressed, including the terms of reference. We are not talking about that there is no direct representation from the changing those terms of reference; that is where Technical Group on the commission, will he now the House would be consulted. However, I afford a special opportunity to debate both the brought the information to the House, which was moneys for the Houses of the Oireachtas Com- the proper way to proceed. mission and other salient points?

Mr. O’Dowd: Given that the heads of the Plan- The Taoiseach: I have clarified for the Deputy ning and Development (Strategic National the procedures involved. The Houses of the Infrastructure) Bill passed before Government in Oireachtas Commission is not provided for in the June last, what is the reason for its delay? Book of Estimates. When the debate takes place on the Estimates, it will be excluded from it. If An Ceann Comhairle: Deputy Bruton received the House wishes to find a way to have a debate an answer to that question. on that matter, it will have to be through some separate process. It could occur if the Whips Mr. O’Dowd: My question is whether the examined it. Taoiseach is satisfied that adequate and full parliamentary resources are available in terms of Mr. Durkan: All Members will be grateful for parliamentary draftsmen. the intervention of the Minister for Communi- cations, Marine and Natural Resources in the dis- An Ceann Comhairle: This does not arise. I call pute at An Post. Hopefully, everything will pro- Deputy McManus. ceed according to plan. Given the last ditch fire brigade nature of the action, is it not advisable to Mr. O’Dowd: It does arise. restore the postal miscellaneous services Bill to 69 Order of 2 November 2005. Business 70 the Order Paper, with a view to encouraging the Ms Cooper-Flynn: I asked a question on No. broadest possible debate on the issues involved? 46 and as I understand from Standing Orders it is appropriate. The Taoiseach: The legislation was removed from the Order Paper. An Ceann Comhairle: It is a question more appropriate to the Minister concerned who would Mr. Durkan: Will the Taoiseach return it to the be in a position to answer the Deputy. I call Order Paper? Deputy Gay Mitchell.

An Ceann Comhairle: Only promised legis- Ms Cooper-Flynn: Under Standing Orders, if lation can be raised on the Order of Business. I the Taoiseach can answer my question, it will suggest the Deputy submit a question to the rel- save much time. The question is in order. evant Minister. An Ceann Comhairle: No. 46 relates to a Mr. Durkan: I will. Private Members’ motion. The only question is whether Government time will be provided for it. Ms O’Sullivan: Has the Taoiseach had an opportunity to re-examine the Bill relating to the Ms Cooper-Flynn: I can raise it on the Order register of persons who are considered unsafe to of Business, given that it is a Private Members’ work with children? I have raised this matter motion on the Order Paper. many times. However, each time the same answer is given, that it is not possible to indicate when it An Ceann Comhairle: Yes, but not its content. will be published. In light of the Ferns report, has I call Deputy Gay Mitchell. the Government been able to move the legis- lation forward? Ms Cooper-Flynn: I believe the Taoiseach would like to answer the question. It is a “yes or no” answer. Can it be fast-tracked? The Taoiseach: I have requested that it be examined. The reason it was held up was that the The Taoiseach: I will bring the Deputy’s views Departments of Education and Science and to the Minister’s attention. Health and Children were examining the estab- lishment of a pre-employment consultancy Mr. G. Mitchell: The Taoiseach and the Mini- service on this matter. However, it has not been ster for Agriculture and Food will be aware of possible to do this due to the North-South Minis- the debate on the possibility of an avian flu pan- terial Council not operating. I have requested demic. Will the Taoiseach consider bringing for- that some other way of setting it up be examined. ward the animal health Bill before Christmas so that a rational debate can take place in the Ms Cooper-Flynn: No. 46 relates to the western House? rail corridor. In light of yesterday’s announce- ments in Transport 21, we welcome the decision The Taoiseach: The legislation in question is to open the corridor—— very extensive. I do not believe it will be ready before the Christmas break. Heads were An Ceann Comhairle: The Deputy should raise approved some time ago but it is a large Bill. a question on legislation. Mr. Broughan: It is proposed to take the Sea Ms Cooper-Flynn: My question relates to No. Fisheries and Maritime Jurisdiction Bill 2005 in 46 on the Order Paper. Are the dates outlined in the coming weeks. Will the text be the same as Transport 21 set in stone or is it possible, after that published some weeks ago, which was the the commitment given in the House last year to subject of a heated Fianna Fa´il parliamentary address the imbalance of underspend in the meeting? BMW region, for the project to be fast-tracked Regarding the Taoiseach’s reply to Deputy O´ sooner than the nine year period indicated? Caola´in on flags of convenience, the Taoiseach outlined that the Attorney General’s advice on An Ceann Comhairle: This does not arise on trade unions—— the Order of Business. I suggest the Deputy sub- mits a question to the appropriate Minister. An Ceann Comhairle: That does not arise on the Order of Business. Ms Cooper-Flynn: My question relates to No. 46 on the Order Paper. Mr. Broughan: It does arise. It concerns upcoming legislation. Is it possible that Members An Ceann Comhairle: We cannot discuss the be given copies of the Attorney General’s advice content of No. 46. on the unconstitutionality of the—— 71 Health and Social Care Professionals Bill 2 November 2005. 2004: Report and Final Stages 72

An Ceann Comhairle: That does not arise on That, notwithstanding anything in Standing the Order of Business. Orders, in the case of the Social Welfare Con- solidation Bill 2005— Mr. Broughan: He keeps saying it is unconsti- (a) Report Stage shall be taken on Tues- tutional. He is a helpless Taoiseach. day, 8 November 2005; and An Ceann Comhairle: The Taoiseach to (b) Fifth Stage shall be taken immediately respond on the Sea Fisheries and Maritime Juris- after the conclusion of the proceedings on diction Bill 2005, questions which were answered Report Stage. last Tuesday and Thursday. Question put and agreed to. The Taoiseach: The legislation is nearly ready. However, I cannot say if it will be ready for Health and Social Care Professionals Bill 2004 Christmas. [Seanad]: Order for Report Stage.

Mr. Boyle: The Law Reform Commission has Minister of State at the Department of Health released a report on corporate killings. Has the and Children (Mr. T. O’Malley): I move: “That Government any proposals to introduce legis- Report Stage be taken now.” lation in this area? Question put and agreed to. The Taoiseach: No legislation is promised at this stage. Health and Social Care Professionals Bill 2004 [Seanad]: Report and Final Stages. Dr. Cowley: A review of public safety was com- Caoimhghı´nO´ Caola´in: I move amendment missioned by the Ta´naiste and published in 2000, No.1: which recommended the establishment of an In page 9, between lines 5 and 6, to insert office for public safety regulation to monitor the following: regulations. However, due to the difficulty of public safety being policed by public authorities, “(a) chiropractor;”. will legislation be introduced to ensure the office This amendment seeks to amend section 4 on of public safety regulation is established? This page 9 of the Bill as presented by inserting in the was recommended in 2000 and there are major alphabetical list of designated health or social deficiencies in safety at work and the like. care professions chiropractor, immediately before clinical biochemist, dietitian and medical scientist. The Taoiseach: There is no legislation listed for Professions following chiropractor would be des- this area. ignated by the following letter so that, for example, speech and language therapist would Mr. Costello: The Minister for Justice, Equality become designated profession (m). and Law Reform recently stated he was bringing In making the case for the inclusion of chirop- proposals to Cabinet on the establishment of an racty as a designated profession I have to inform inquiry, under the Commissions of Investigation the House that I visited a chiropractor in the early Act, into child sexual abuse in the Dublin diocese. years of my election to this House and acknowl- Has this taken place? When will legislation on the edge the professional service and advice I was matter be introduced in the House? Does the given. It is important that chiropracty is properly Taoiseach intend to follow up with legislation on regulated in this jurisdiction. The situation on the his proposed audit of other dioceses? island of Ireland whereby chiropracty is regulated north of the border, as it is in the neighbouring The Taoiseach: The Minister for Justice, island, but not south of the border is unacceptable. Equality and Law Reform will bring forward pro- We may be the only country in Western Europe posals in the coming weeks on an inquiry into that has not moved to have chiropracty registered child abuse in the Dublin diocese. We have as a profession in the sense and context of this already stated a national audit must take place in legislation. As this legislation is primarily geared other dioceses. The Minister of State at the toward public protection, it is important that chir- Department of Justice, Equality and Law opracty is included. Open borders in Europe allow Reform, Deputy Brian Lenihan, is writing to people to practice here as chiropractors without diocesan authorities on this matter. the qualifications required in another jurisdiction. I have been informed, as other Deputies have, that there is concern within the profession that those Social Welfare Consolidation Bill 2005: Motion. struck off in other jurisdictions where registration Minister of State at the Department of the is a requirement, find no difficulty setting up in Taoiseach (Mr. Kitt): I move: this jurisdiction and advertising as practising chiro- 73 Health and Social Care Professionals Bill 2 November 2005. 2004: Report and Final Stages 74 practors, leaving the public vulnerable to people grammed and orderly inclusion of additional with dubious records. In order to protect our com- health and social care professionals in the new munities and citizens it is incumbent on us to statutory framework and she will consider the ensure that the highest standards not only apply case for chiropractors in this light. I cannot accept but are enforceable. If the Bill passes without the this amendment. inclusion of chiropracty we will have failed in the fundamental objective of the legislation. Caoimhghı´nO´ Caola´in: I am disappointed the We must aim for best practice and the highest Minister of State cannot do so. I speak not only standards. The only way to achieve that is to give as somebody who has been lobbied by people those involved in chiropracty the recognition and personally interested but as somebody who has public confidence that a common standard pro- used the services of a chiropractor and who vides by adopting this amendment. I note from knows many others who have done so. The correspondence that there are some 150,000 numbers who gravitate to the services of chiro- registered chiropractors globally. I do not know practors in Ireland must be significant because the number practising in Ireland but it is growing. chiropractors are mushrooming all over the coun- In small rural locations such as my own there are try. I welcome that fact but they must be encour- now practitioners in the high street. It is aged to develop in an environment of best regu- important to ensure this large number of prac- lation and highest standards. Public confidence is titioners is recognised. There is a duty on hugely important and it is not satisfactory that the Government, on the Minister of State and the public must base its judgment as to the appropri- Minister for Health and Children to adopt the ateness of a service on the latest report, be it a amendment. good report or, God forbid, a damaging report. We must ensure those who present themselves as Minister of State at the Department of Health chiropractors offer the highest standards of quali- and Children (Mr. T. O’Malley): The wider issues fication applying within the profession in terms of raised by the Deputy are hugely important. The the services provided. Bill shows the way forward by establishing a I have noted section 4(2) of the legislation framework for the statutory registration of health which was referred to by the Minister of State. It and social care professionals. However, the 12 states: “After consulting the Council, the Minister professions listed in section 4 (1) were selected may, by regulation, designate for the purposes of because they are long-established providers of this Act any health or social care profession not health and social care within the health service already designated under subsection (1)”. This is and have in most cases experience of self-regu- the area that has been specified by the Minister lation. In addition the qualifications of the of State. majority of these professions are currently regu- I am a resident living close to the Border which lated within the public health service by being in reality is open to me and my fellow community declared by the Minister under the Health Act members who traverse back and forth for com- 1970. This is not the case for chiropractors as they merce, social life and cultural activities and a var- are not a public health service grade. iety of services, including chiropractic services. As Deputies are aware section 4 also provides Perhaps people will not travel greater distances, for the inclusion, by regulation, of additional pro- but this is unfair and unacceptable for residents fessions in the proposed system of statutory regis- in Border communities. To us, the Border is not tration. This section sets out the criteria to which so much an impediment in going back and forth the Minister shall have regard in considering the but a reality in many other ways. Those who designation of further professions under this choose to go to a chiropractor north of the legislation. These include the degree of risk to Border do so with greater guarantees and assur- health, safety or welfare from the incompetent, ance in respect of the service received, as mythical or impaired practice of the professions. opposed to those of us who may choose to avail They also include the extent to which a profession of the service offered by a practitioner on this has a defined scope of practice and applies a dis- side of the Border, simply because of the regis- tinct body of knowledge, and the extent to which tration requirement, the due recognition given the profession has established itself, requiring at and the setting of the highest possible standards least one professional body representing a signifi- for a health or social care profession. cant proportion of the profession’s practitioners. Health is one of the areas designated for co- In addition, it includes the existence of defined operation. There is already in place a raft of co- routes of entry into the profession and of inde- operative initiatives on health care delivery with pendently assessed entry qualifications. The the six Northern counties. Surely anomalies such future inclusion of any profession is dependent as this should not continue. One would expect on its meeting these criteria. this issue to be addressed more effectively. While The framework established by this Bill offers I have heard the Minister of State’s comments, I greatly enhanced protection for the public. The press him to confirm that chiropracty will come Ta´naiste has made it clear she favours the pro- under section 4(2) of the Bill. The House 75 Health and Social Care Professionals Bill 2 November 2005. 2004: Report and Final Stages 76

´ [Caoimhghı´nOCaola´in.] Mr. Gormley: I support Deputy O´ Caola´in’s deserves this assurance at least, but I still urge the comments. Minister of State to reconsider the inclusion of chiropractors in the list of designated professions Amendment put and declared lost. in section 4(1). Dr. Twomey: I move amendment No. 2: ´ Mr. T. O’Malley: I take on board Deputy O In page 9, line 11, after “physiotherapist” to Caola´in’s comments. It is unfortunate that he rep- insert “or physical therapist”. resents a constituency adjacent to the northern section of the country. We must, however, be With regard to the previous amendment, will the mindful of the position in the whole country. We Minister of State and the Department prepare considered all professions and the 12 to be packs in plain English for those professions which included initially are the ones it is agreed should wish to be included under this legislation? The be registered. The Deputy will realise from what required criteria under section 4 might be out- lined. This is a matter for the future and need not I have stated that there will be an opportunity for be dealt with now. chiropractors to be included under section 4(2) of Amendment No. 2 deals with the issue of the Bill. I remind him that many chiropractors are physiotherapists and physical therapists. When it already registered doctors in the State, although was discussed on Committee Stage, we were I do not know the percentage or actual number. made aware towards the end of our deliberations These registered medical practitioners specialise that there had been ongoing contacts between the in chiropracty. I am aware of what the Deputy Department of Health and Children and organis- described, that is, that chiropractors are regis- ations representing physiotherapists and physical tered in the United Kingdom. This causes a therapists. We were told at the time that the issue dilemma but I hope the matter will be sorted out would be resolved by the time the Bill was taken in the near future when the legislation is passed. on Report Stage in the Da´il. Rather than revisiting the arguments made on Committee Caoimhghı´nO´ Caola´in: I do not view myself as Stage, I give the Minister of State the opportunity unfortunate in representing the people of Cavan to tell us how the negotiations have fared and if and Monaghan. the issue can now be dealt with before further remarks are made. Mr. T. O’Malley: I did not mean it in that fashion. Ms McManus: I ask the Minister of State what has occurred with regard to this knotty issue. I Caoimhghı´nO´ Caola´in: As the Minister of have much sympathy with physical therapists State’s own colleague, Deputy Devins, might whose concerns are valid. Nonetheless, there is a state, I am very proud to represent the Border difficulty in terms of the international nomencla- constituency of Cavan and Monaghan. ture of physical therapists. This matter could have been dealt with before the Bill was published Mr. T. O’Malley: The Deputy is taking my rather than at this late stage, but I see no indica- statement out of context. tion that it has been resolved. Will the Minister of State clear up the mystery? Caoimhghı´nO´ Caola´in: I wanted to reassure the Minister of State should the Official Report Mr. T. O’Malley: With regard to resolving the be read out of context. issue between physiotherapists and physical therapists, it was thought that there was a possi- The Minister of State commented that one had bility of a resolution. Discussions have taken to be mindful of the entire jurisdiction. As a place between the Department and both pro- Border resident, I argue that our reality must fessional bodies. My understanding is that it is therefore be taken into account. I made a point highly unlikely there will be agreement between about the special circumstances in which we live, both parties. but in taking the interests of everyone in this jurisdiction into account one must point to the Mr. Gormley: I spoke to Deputy Twomey earl- need for greater regulation and the official desig- ier about this matter. I have been a Member of nation of chiropracty which is in the interests of this House longer than him but he appears to every citizen. If the Minister of State is not in the have adopted a wiser approach on this issue. He position to accede to my request today, I hope did not meet either side. It appears to be an the arguments will be taken on board and that intractable problem or a zero sum game. chiropracty will be designated under section 4(2) On Committee Stage the Minister of State at of the Bill following the Government’s accept- the Department of Health and Children, Deputy ance of the sound arguments for why it should Brian Lenihan, stated negotiations would take be so. place and a compromise could be reached. It 77 Health and Social Care Professionals Bill 2 November 2005. 2004: Report and Final Stages 78 appears to me, from discussions with physiothera- Stage, it will be helpful to elaborate on the pists, that they are not trying to play down physi- reasons this approach has been taken. cal therapists. The great loser could be the school There is more than one sound reason for avoid- of physical therapy. If negotiations continue, I ing the use of alternative expressions in the Bill hope a solution can be found because clearly the for the same profession. For example, certain pre- terms “physiotherapy” and “physical therapy” sumptions apply when courts interpret legislation, are interchangeable in other countries. However, one of which is the presumption of consistent there is a distinction in this country. I hope the expression whereby the Legislature is presumed Minister of State will continue to seek a solution, to have avoided stylistic variation, that is, the although I do not know whether that is possible. same words have the same meaning and different I had hoped one would have been reached before words have different meaning. The courts also this evening’s debate. While I understand the presume that the Legislature avoids superfluous Minister of State’s position and I am quite sym- or meaningless words and does not repeat itself. pathetic, given that these difficulties continue, I Every word is presumed to have a specific role to will support the Opposition amendment. At this play in advancing the purpose of a statute. point it would probably be the clearest way to Superfluous words can lead to problems of inter- proceed. pretation and to courts striving, in unforeseen cir- cumstances, to give a meaning that was never Caoimhghı´nO´ Caola´in: I support amendment anticipated when a statute was enacted. No. 2 in the names of Deputies Twomey and A third reason for avoiding the use of more McManus. In the absence of a resolution of this than one term for any profession is consistency long-standing dispute in respect of descriptions, of approach, or parallelism with the treatment of the difficulties are only deepened by not recog- other professions designated under the Bill. If nising physical therapists and only making refer- more than one title was to be protected under the ence to physiotherapists. I appreciate the differ- primary legislation for any profession, it would be ence. In the absence of a resolution it is necessary to take the same approach with every imperative not to proceed with legislation which other profession. As far as the professions excludes one group. I support the amendment as included in the Bill are concerned, there are a it would offer, at least for now, a position where number of alternative or variant titles reflecting, both would be recorded. I hope this would allow for example, specialisms within them. Thus, the for a level playing field in the further and future title “radiographer” encompasses both diagnostic redress of the outstanding difficulties which radiographers and radiation therapists. Variants clearly must be resolved, preferably sooner rather also encompass titles used in other countries such than later. as speech and language pathologist rather than speech and language therapist or clinical nutritionist rather than dietician. The word “dieti- Dr. Twomey: I find it unusual that this legis- cian” can be spelled in two ways. Undoubtedly, it lation has found its way back before the House would be confusing for everyone if the primary because this was the most significant issue with legislation was used to specify several titles for which I was obliged to deal in the lead up to its individual professions, not least the public. That passage. A massive amount of correspondence is why the issue of multiple titles is tackled in the arose from it and I am sure it was the same for legislation through empowering the Minister to every other Member. I am surprised the Bill has protect by regulation variants of the primary title returned to the House on Report Stage as on by which those practitioners registered with a Committee Stage it was made quite clear that the registration board of a designated profession are Department would do all in its power to try to known. As Members are aware, it will be an resolve this issue before it reached this point. We offence for an unregistered practitioner to use a will be left with a situation where no side will be title protected either under the primary legis- happy with the outcome. This is unusual. lation or by regulation. Under section 95(3), the Minister can protect Mr. T. O’Malley: When we come to the next variants of the primary title for all of the pro- amendment, Members will find this is not the fessions following consultation with the relevant only section of which this is true. As far as physi- registration board and any organisations that he cal therapists and physiotherapists are concerned, or she considers appropriate. An important fea- Members will be aware that the issue which has ture of this process is set out in section 95(7) consistently attracted attention during the pass- which provides that a draft of a regulation to be age of the Bill through the Oireachtas is that of made by the Minister protecting additional titles the protection of title “physical therapist”. The must be laid before the Houses of the Oireachtas Bill specifies a single primary title by which each and that a resolution approving the draft must be designated profession will be known under the passed by each House. This allows each case to Bill. This is in line with the drafting advice be examined on its merits, balancing such factors received. In view of the debate on Committee as protection of the public and the promotion of 79 Health and Social Care Professionals Bill 2 November 2005. 2004: Report and Final Stages 80

[Mr. T. O’Malley.] Will the Minister of State accept this amend- competition. This is the best and most appro- ment? I am sure he is aware that thousands of priate way to protect any title that warrants people attend counsellors, therapists and psycho- protection. therapists for a range of issues and needs. Some As far as the physiotherapy profession is con- people have been in therapy for many years. cerned, the title protected under the Bill is “phy- Many are vulnerable, perhaps going through siotherapist”. However, the Irish Society of Char- crises in their lives and need expert and pro- tered Physiotherapists also wishes to have the fessional support, for which they turn to counsel- title “physical therapist” protected for the exclus- lors or therapists. Regrettably, it is easy for a per- ive use of those professionals registered with the son to set up as a counsellor in Ireland. There is physiotherapists registration board to be estab- a wide range of standards in terms of the type of lished under the Bill. The society considers both counsellors people go to. titles to be interchangeable in an international When the Ferns report was published, I was context and believes there is a risk of confusion struck by the fact that one of the criticisms made among the public if the title “physical therapist” of the health board was that it did not provide is not protected for use by physiotherapists. counselling for the little girls of However, members of the Irish Association of 6 o’clock Monageer national school. The Physical Therapists who currently use the title in board should have provided it but this country have argued against such protection the question in the context of this Bill is what and wish to retain the title for their own use. guarantee have we that counselling to such a vul- Clearly, this is a complex issue to which nerable group of children is of the proper stan- Members have given considerable attention. The dard if there is no formal regulation? This ques- Ta´naiste and Minister for Health and Children is tion must be answered. People may have degrees of the view that matters must be resolved in a in psychology, which is at least some level of pro- timely way. The way forward is to deal with pro- fessional standard, but not every psychologist is a tection of title issues by regulation as provided good or appropriate therapist while there are for in the Bill. In line with the provisions of many excellent therapists who are not psychol- section 95(3), the Ta´naiste intends to consult the ogists. We need regulation of this area. proposed physiotherapists registration board on We could argue about people with bad feet or its establishment and any organisations she con- bunions getting professional treatment, which siders appropriate on prescribing the title “phys- should be the case, but we have a duty to protect ical therapist” for use by registrants of the physio- an abuse victim with a damaged psyche from therapy profession. She expects to make an early meddling by people who guide and direct in a decision in the matter. Therefore, I do not pro- way they believe is appropriate simply because pose to accept the amendment. they have set themselves up as counsellors and therapists, done courses or may have strange Dr. Devins: I welcome the Minister of State’s ideas about what a counsellor or therapist is. It is statement. As previous speakers noted, this issue a central and essential discipline. If we ignore it, was discussed ad nauseam on Committee Stage we are leaving many people at risk. I would have and obviously there are many strongly held views believed that the Minister of State, who is not on the matter. It is most important that the public listening to a word I am saying, would consider is protected. What timespan after the Bill’s pass- this a primary duty. age does the Minister of State envisage before the It is interesting that the Minister for State at Ta´naiste will be in a position to make a decision the Department of Education and Science with on this important issue? special responsibility for children, Deputy Brian Lenihan, is also here tonight, for is this not a Mr. T. O’Malley: I do not have—— matter for him? I will not start all over again. In terms of counselling and therapy for young An Leas-Cheann Comhairle: The Minister of people and adults and when we are dealing with State has already spoken twice on this emotional needs as opposed to physical needs, do amendment. we not need to ensure standards are set and regu- lations are in place for this area of treatment and Amendment put and declared lost. professionalism or absent professionalism?

Ms McManus: I move amendment No. 3: Mr. Neville: I second the amendment and echo Deputy McManus’s comments. The amendment In page 9, line 20, after “(1),” to insert the recognises the difficulties surrounding the area of following: regulating counsellors and therapists in that it “and in particular shall, within the period of allows a period of 12 months to elapse before the 12 months from the passing of this Act, so present and totally unacceptable situation is regu- designate the profession of counsellor or larised. It gives space to do so and does not insist therapist,”. the situation should be corrected as of now. I 81 Health and Social Care Professionals Bill 2 November 2005. 2004: Report and Final Stages 82 have been of the opinion for some time that there available without identifying the victim is vital for is a need to establish a national competent auth- research into why so many take their lives and is ority to regulate the area of psychotherapy and invaluable in formulating suicide prevention counselling. The State must ensure that those programmes. who offer a service for a fee and have the trust of Clients, often in severe distress, make major service users have recognised competencies com- investments in therapy and have a right to know ing from approved training programmes. I further that the therapy they are engaged in is safe and believe that those who do not have such training effective. For this reason, the development of should not be allowed to operate. practice standards for accreditation and training Psychotherapy and counselling have important is essential. The recent report of the working roles to play in many areas of life. In respect of group on the role of psychotherapy within the mental illness, it is repeatedly highlighted that health service states the requirements of the var- multidisciplinary community based psychiatric ious accrediting bodies can differ significantly. teams, including psychoanalysts and counsellors, The situation is problematic as, given the lack of is the accepted formula for delivering services but clarity regarding agreed criteria for training and such teams are sadly lacking. There is ignorance qualifications, both the health service as an and not a little confusion within the general employer and the general public have difficulty public as to what psychotherapy and counselling in making judgments as to the equivalence of one are and what the difference is. This is com- qualification against another. This is why con- pounded by the fact that there are over an esti- fusion arises and Deputy McManus’s amend- mated 400 different named therapies, which are ment, which would give 12 months and space to used to tackle many medical and social problems, all those concerned, including the Government, including marriage and family difficulties, aims to correct the situation. The professional anxiety, depression, addiction, sexual abuse, rape, group strengthened its regulation arrangements. psycho-sexual difficulties, eating disorders, The Government’s position, through not bereavement, adolescent difficulties, AIDS, HIV accepting this amendment, is to stay on the fence and many more. In other medical professions, until the various professional groups strengthen there is a requirement for a basic qualification in their regulation arrangements. I accept they have medicine and professionals continue to specialise. an onus to do so as a matter of urgency and A rhetorical question is are there 400 specialist appreciate that is the Minister of State’s difficulty. qualifications in psychotherapy or counselling? However, they should have 12 months to do so. The absence of clear roles and dedicated skills If there is no will to do so within that time, the for those roles fuels confusion and the absence of Government must move towards statutory regu- regulation allows for a situation where many call- lation. Only five professions are subject to this, ing themselves counsellors in the community and medicine, dentistry, nursing, optometry and phar- private practice do not warrant professional macy. As the Minister of State pointed out, there recognition. One does not need a recognised can be only one registration board per pro- qualification or skill base to call oneself a psycho- fessional grouping. A difficulty arises in confer- analyst or counsellor. All that is required are ring powers of statutory registration on a pro- premises, a gold plaque outside the door and the fessional body where more than one body neck to charge a fee. represents the profession, as is the position in the There are no means to monitor the present case of counselling and therapy. unregulated situation and the opportunity for We should strongly urge the groups to come to untrained people acting as psychotherapists or a consensus, which is lacking, on basic definitions, counsellors to do damage is frightening. Vulner- training and accreditation. The professional able people in crises who need professional help bodies have a responsibility to ensure the public can be destroyed. This situation has been exposed can have the same confidence in the professional- by some practising alternative medicines where ism of psychotherapists and counsellors as they people have been duped out of life savings. Is the do in doctors, dentists and pharmacists. This same happening in the area of psychotherapy and would enable them to supervise the delivery of a counselling? It is not alarmist to assume there are safe, high quality service to clients. The role of instances of it. How much is there and what supervision is becoming increasingly valuable as damage is being done? The stigma that persists in it enables professionals to maintain good stan- respect of mental, emotional and personal prob- dards of practice and to develop responsive lems prevent the exposure of these issues. Those services to meet the needs of clients. Supervision damaged in such a way may not be in a position also has a key function in fulfilling an employer’s to recognise their abuse. Do those who are sever- duty of care to staff under the Safety, Health and ely damaged die by suicide? There are no psycho- Welfare at Work Act 1989, as employers may not logical autopsies on those who die by suicide. I be covered under the Act if employees are not am convinced of the need to do such autopsies to qualified. determine the psychological difficulties and By accepting Deputy McManus’s amendment where the services failed. Such information made the Minister of State would accept that there is a 83 Health and Social Care Professionals Bill 2 November 2005. 2004: Report and Final Stages 84

[Mr. Neville.] group’s report has been finalised and I expect the difficulty and challenge the four bodies to come next step will be to put in place an action plan for to an agreement within the next 12 months on progressing the issues. This will include a further the criteria for membership of their organisations. exploration of issues relating to the development The ideal way to do so would be through amalga- of an appropriate model of service. The outcome mating the organisations. If that cannot occur, the of this work, together with the work that must be organisations should come to an understanding done by the representative professional groups, on the criteria, training and qualifications will form part of the formal process required in required to ensure those who provide counselling line with the provisions for the designation of and psychotherapy services have the necessary further professions as set out under section 4. For skills and qualifications. That would also ensure the reasons outlined, I cannot accept the those whom we and medical professionals advise amendment. to go to counsellors and those whom psychiatric professionals advise to go to psychotherapists can Ms McManus: It is clear there is no disagree- be confident that persons calling themselves psy- ment between the Government and ourselves on chotherapists and counsellors are at a level and the principle. What is at issue is the timeframe standard to meet the criteria acceptable under which the Minister of State must consider further. the Bill. Seven or eight years, or perhaps longer, have passed since the proposal was made to designate Mr. T. O’Malley: I listened intently to what these professions. That length of time should Deputies McManus and Neville stated. I met inform us of the need to set down a certain frame- organisations representing counsellors and psych- work. Deputy Neville expressed more compre- otherapists. Four groups are involved and they hensively than I the concerns about the influence hope to meet in the near future to see if they can counsellors and therapists have. Many have a come to a general consensus on entry criteria. I benign influence and it is beneficial and healthy. do not know whether they will be able to do so. However, there is great concern about the fact The concern of Deputies for the inclusion of that the influence of poorly trained individuals or counsellors and psychotherapists in the system of persons with an agenda can be malign. I do not statutory registration being established has been want to exaggerate in any way. One must con- made clear throughout the passage of the Bill. sider that those seeking this help are often We are all conscious that the provision of coun- extremely vulnerable. They have emotional selling and psychotherapy services has increased needs, trauma and distress in their lives and are in recent years and agreed on the need for people seeking help. At the very least, the Government to be confident that a counsellor or psychotherap- owes a duty of care to recognise the mush- ist is qualified, competent and fit to practice. rooming in the provision of therapy services and I have already mentioned that section 4 of the ensure certain accreditation and standards apply. Bill provides for the inclusion by regulation of However, it should not be left open-ended. additional professions in the proposed system of statutory registration. This section also sets out If I have a sore neck and go to somebody who the criteria to which the Minister shall have is not good at his or her job, all that will happen regard in considering the designation of further is that I will continue to have a sore neck. Going professions under the legislation. These criteria with a damaged psyche to somebody who is not include the extent to which the profession has a good at his or her job can have a far more prob- defined scope of practice and applies a distinct lematic outcome in terms of trust and dealing body of knowledge; the extent to which the pro- with the client’s problems in a way that is healthy fession is established, including whether at least and appropriate. I am not at all comforted by the one professional body represents a significant approach of the Government which involves stat- proportion of the profession’s practitioners and ing there is a problem, not putting in place a time- the existence of defined routes of entry into the frame, hoping the hundreds of people of varying profession and of independently assessed entry standards and training will come forward with the qualifications. The various professional groups solution and leaving the matter open-ended. Of representing psychotherapists and counsellors course, we must consult them and ensure they have been encouraged to prepare for statutory play a role. However, I ask the Minister of State registration by working to explore a common to accept that he is required to set a timeframe understanding on baseline qualifications and as otherwise it may take another eight or ten scope of practice. I also hope to see a further years to do so. At least, there is a professional strengthening of their voluntary regulation body for psychotherapy, although it took this arrangements. length of time to reach that point. As indicated on Committee Stage, a working How much longer will it take to arrive at the group was established to examine the role of point where anyone attending a therapist or a psychotherapy in the health service in order to counsellor can be secure in the knowledge that assess requirements for the future. The working the State has ensured the standard of that per- 85 Health and Social Care Professionals Bill 2 November 2005. 2004: Report and Final Stages 86 son’s training is appropriate to a client’s needs, at Ms McManus: I am very impressed that the the very least? Minister of State has such intimate knowledge of this board but I cannot say I share it. I will with- Mr. T. O’Malley: I do not wish to delay the draw my amendment. House but I understand exactly what Ms McManus means. I will meet all the groups. The Amendment, by leave, withdrawn. expert group examining the whole mental health area will also have a view on this issue. I share An Leas-Cheann Comhairle: Amendments the concerns expressed by both Deputies about Nos. 5, 6 and 22, are related and may be dis- the lack of standardisation of qualifications. I cussed together. assure the House that as the Minister of State Caoimhghı´nO´ Caola´in: I move amendment with responsibility for mental health I foresee a No. 5: significantly enhanced role for both counsellors and psychotherapists in the area of mental health. In page 12, lines 27 and 28, to delete all I assure the Deputies it will not take years but it words from and including “all” in line 27 down would be preferable if base line criteria could be to and including “section” in line 28 and substi- assembled on a voluntary basis by those involved. tute the following: If voluntary agreement among the various organ- “not less than 40 per cent of whom shall be isations is not possible, I assure the House that women and not less than 40 per cent men, the Ta´naiste and I will expedite this process. appointed by the Minister following a pro- cess of public advertisement for the posi- Amendment put and declared lost. tions, assessment of candidates based on published criteria of qualification and Ms McManus: I move amendment No. 4: interviews”. In page 11, after line 40, to insert the I calculate from the text of the legislation as following: presented that the council will have 24 or 25 members. It is unclear to me whether the Chair “(e) make professional awards at certifi- will be one of the 24 members to be appointed, cate level of qualifications for health and 12 from the designated professions and 12 from a social care professionals,”. variety of other sources, three of whom will rep- This issue was raised by the body being abolished resent management of the public health sector, under this Act. The university social work edu- management of a voluntary or private sector cation providers have pointed out that with the organisation and representative of third level abolition of the NSWQB under Part 8 of the Bill educational establishments involved in the edu- there is no provision to continue the existing cation and training of persons in the practice of power to award the national social work qualifi- the designated professions. Nine others will be cation award. appointed by the Minister. Representatives of the interests of the general public are to be appointed Minister of State at the Department of Health with the consent of the Minister for Enterprise, and Children (Mr. B. Lenihan): The amendment Trade and Employment. tabled by Deputy McManus proposes to allow the In 1991, Government guidelines were put in place to implement the recommendations of the council to make professional awards at certificate Second Commission on the Status of Women. level of qualifications for health and social care These guidelines require that Ministers and professionals. I believe the Deputy is referring to Departments ensure that 40% of those nomi- the awards currently granted by the National nated to State boards and State-appointed bodies Social Work Qualifications Board. Deputies will should be women. be aware that this board is being subsumed into My amendment seeks to ensure this is lived up the council under the legislation. It should be to or at least, worked towards. Women are clearly noted that under the Bill the registration boards under-represented on State bodies. The generally will have the responsibility for edu- Taoiseach and other members of the current cation and training issues and will accredit Government have acknowledged this on many courses appropriately. Accordingly, the matter is occasions. Nothing will ever be done about it already dealt with in the legislation. unless the intent is enshrined in the specific legis- The continuity of the work and contribution of lation regarding these bodies. The health and the National Social Work and Qualifications social care professionals council provides another Board to professional development will be main- opportunity. My appeal to the Minister of State tained and the experience and knowledge of the is to recognise that women are under-represented board in addressing many of the responsibilities on State bodies. I ask him to accept this amend- that will in future fall to the council will be fully ment and ensure at least 40% participation by transferred. women on this important council. I would wish to 87 Health and Social Care Professionals Bill 2 November 2005. 2004: Report and Final Stages 88

´ [Caoimhghı´nOCaola´in.] also proposes to introduce in amendments Nos. 6 see more women than that number involved but and 22, one of which relates to the registration as that is the position already agreed to by boards while the other relates to the council. My Government in 1991 as the guideline to be met, I party’s position on gender balance has been well hope the Minister of State will accede to its known for a long time. inclusion in the Bill. I hope the Minister of State will accept the Women are even less well represented on amendments, particularly given that other Mini- private boards and bodies and in senior manage- sters have accepted similar amendments seeking ment. The responsibility on the State to give the gender balance in other legislation. It is partic- lead and to demonstrate what society wishes to ularly important that we ensure an appropriate see is therefore all the greater. This is one area in balance between men and women on the regis- which Government can impact and facilitate. tration boards. I note from section 9(3)(b)(iv) The second part of my amendment deals with that nine members of the board will be represen- the method of appointment of the members to tative of the interests of the general public, while the health and social care professions council. the other three members will represent other The basis of this argument is to ensure greater interests. Ensuring that at least 40% of members transparency in the appointment. I have raised will be women and 40% men should, therefore, this matter with the Taoiseach many times and I present no logistical difficulties. cannot explain the reluctance to open up access When my Limerick East constituency col- to State boards and other State-appointed bodies league, the Minister for Defence, Deputy O’Dea, to the wider public. Why must it be that some- served as Minister of State with responsibility for body must know somebody else which leaves the equality, he suggested that gender balance on Government open to accusation of jobs for the boards could be made a statutory requirement if boys and fewer jobs for the girls? We want every it was not achieved voluntarily by Government citizen to have a right of access if they have the Ministers and Departments. Unfortunately, he required expertise, experience and that they meet did not implement this suggestion even though the criteria and have the qualifications laid down. the statistics show that a large majority of members of boards and councils established by Mr. B. Lenihan: This is exactly what the Ministers do not have a reasonable gender Government is doing. The Deputy has walked balance. I assume the Minister will have no diffi- into this one. culty providing for gender balance in the legis- lation given that it is supposed to be Govern- Caoimhghı´nO´ Caola´in: If the Minister of State ment policy. can prove to me —— Mr. Neville: I support the amendments. The Mr. B. Lenihan: The single transferable speech Minister of State indicated that the provisions of does not work on this one. The Deputy should the Bill, as drafted, are satisfactory in this regard. read the Bill. Since I entered the House, the need for gender balance has been discussed ad nauseam but pro- An Leas-Cheann Comhairle: Order, please. gress on the issue has been minimal. The Minister The Minister of State will have an opportunity of State has an opportunity to make his mark. I to reply. hope his indication that the Bill includes positive provisions which would satisfy the requirement Caoimhghı´nO´ Caola´in: ——that what I have for gender balance will be borne out when he argued for in amendment No. 5 is provided for in responds. the Bill, I will be most happy. However, this does not appear to be the case. In order to ensure it is Mr. B. Lenihan: The Government fully sup- open to every citizen, the position should be pub- ports the thinking behind the amendments which licly advertised so that the most suitable people are consistent with its general policy. While it is can compete and be considered. There should be desirable that membership of both the council a clear understanding of the requirements regard- and the different registration boards be gender ing qualification. This is a very reasonable prop- balanced, the Minister cannot accept the amend- osition. I look forward to the Minister of State’s ments. Deputy O´ Caola´in walked into the trap response because he is biting at the bit to get when he made the single transferable part of his going like a greyhound at Shelbourne Park. I will speech concerning jobs for the boys because there listen to what he has to say in reply and if he is no question of jobs for the boys or girls under satisfies what I am trying to achieve, I will be the the legislation which envisages appointment by first to welcome it. the Minister following election by members of individual professions. Ms O’Sullivan: On behalf of Deputy McManus, The amendments purport to require the Mini- I express support for Deputy O´ Caola´in’s position ster to direct the course of an election and indi- on gender balance, a concept the Labour Party vidual voters’ preferences. Perhaps this issue 89 Health and Social Care Professionals Bill 2 November 2005. 2004: Report and Final Stages 90 should be addressed in the House but we would amendment seeking to amend the provisions on first have to give a good example by requiring membership of the registration boards, whereas that two seats in every four seat constituency, one Deputy O´ Caola´in has not tabled such an amend- seat in every three seat constituency or two or ment. Deputy McManus, in the spirit of amend- three seats in every five seat constituency be ments Nos. 5 and 6, is procedurally correct to reserved for females. If the Deputy were willing table an amendment to section 28. Her amend- to advance that proposition, the House could lead ment proposes to prescribe a female quota of by example, after which it could legislate accord- 40% for ministerial appointees. However, as an ingly for the various professions covered by this examination of the section reveals, the Minister’s Bill. discretion is quickly exhausted by the detailed As Deputies are well aware, the Fianna Fa´il provisions regarding the appointment. Six per- Party has taken an initiative on gender balance by sons are appointed by the Minister on their elec- providing in its internal constitution at the recent tion by the registrants of the professions. For the Ard-Fheis that there be full balance. No doubt, House to amend the section in the manner pro- having given the lead, other parties will follow posed by Deputy McManus would empower the Fianna Fa´il. Minister to direct voters, described in the legis- lation as registrants or members of the profession, Mr. Gormley: The Green Party introduced to elect a 40% female quota, irrespective of their gender balance years ago. Fianna Fa´il is 15 years preferences. Deputies on the other side are behind the times. advancing a far-reaching proposition, as is their right, but this Bill is not the context in which this Mr. B. Lenihan: I appeal to Deputies to exam- question should be raised. If an example is to be ine the precise terms of section 9 which provides given in a matter of this nature, it must be done that the council will comprise a chairperson and through the Constitution. ordinary members appointed by the Minister. With regard to the board, although seven part- The concept of appointment by the Minister icular appointments are left to the Minister, again which the amendments tabled by Deputies O´ these are carefully designated. Four of them are Caola´in and McManus seek to change is highly to be representative of the public interest, while qualified by the subsequent provisions of the the other three are to be representative of part- section. For example, subsection (3) provides that icular disciplines and possess particular expertise. in the case of the council one person is to be Again, there is no question that these provisions appointed for each designated profession and he amount to some kind of charter for discretionary or she must be “an elected member of the regis- ministerial appointments and, in fact, the legis- tration board of the designated profession” and lation is carefully circumscribed. It should be be “nominated by that board for appointment to noted that many of the professions to be regu- the Council”. The Minister cannot direct the lated under the Bill are predominately female. It registration boards to appoint a particular person could be argued, therefore, that the composition or prescribe gender quotas for them, as the of the council and registration boards must reflect Deputies opposite have urged. This would be a to some extent the gender composition of the far-reaching intervention by the Minister into the professions represented. An issue may arise proceedings of a board which will enjoy some regarding male representation in the context of measure of autonomy as well as statutory guid- several of the registration boards. ance under this legislation. I assure the House that in the general making It is true, however, that a further 12 persons of appointments to bodies the Ta´naiste and Mini- must be appointed by the Minister under subsec- ster for Health and Children will have close tion (3)(b). Again, however, great care is taken cognisance of Government policy in regard to the in the legislation to designate exactly the qualifi- need for gender balance. On the issue of appoint- cation of the persons in question. Deputy O´ ing persons to the council it should be noted that Caola´in referred to jobs for the boys and argued 12 members of the council will be elected rep- that every citizen should have the right to be con- resentatives of the respective registration boards sidered for such appointment. Under the legis- who have been nominated by the board for lation, it is the right of every qualified citizen to appointment. The Minister’s power of appoint- be considered for appointment to the council. ment is, therefore, purely a formality in this con- The council contains the representatives of the text and cannot be burdened with a statutory duty boards as well as the other appointees of the to insist upon a particular gender qualification. Minister appointed under exact statutory stan- dards. Section 28 includes basic provisions on the Caoimhghı´nO´ Caola´in: The Minister of State registration boards which will perform a funda- has hardly satisfied his earlier claim by interrup- mental role with regard to each profession. The tion. If anything, he has spent his time telling us section also provides that the Minister shall why the Minister cannot accede to the thrust of appoint members to the boards. Deputy the amendment. With all respect to the Minister McManus has been consistent and tabled an of State, if you had paid a little more attention to 91 Health and Social Care Professionals Bill 2 November 2005. 2004: Report and Final Stages 92

´ ´ ´ [CaoimhghınOCaolain.] Caoimhghı´nO´ Caola´in: The Minister of State the detail of the legislation before being depu- has already determined his responses in this tised this evening, you would have known that the regard. The fact is that the Minister has the Minister is in charge of 12 further appointments, opportunity to appoint nine representatives to nine of which are drawn from the general public. represent the interests of the general public, quite They will be picked as the Minister decides. My apart from the other three, something that I point is absolutely valid. pointed out when I originally moved the amend- ment. These are the words I used very carefully Mr. B. Lenihan: I am sorry, but you did not and clearly in proposing the amendment. This seek to amend that provision, so I do not need to allows the Minister to try to ensure that we take that kind of cheek from you. achieve a guaranteed quota of 40% women on this council. I would be delighted if it proved the Caoimhghı´nO´ Caola´in: I beg your pardon, case, as the Minister of State suggests it might, but—— that a greater number of women were appointed; I also stated that when I introduced this amend- An Leas-Cheann Comhairle: Order, please. ment. Therefore, we are making the point that at Members should direct their comments through least 40% should be men. It is balanced regarding the Chair. what can — and, one hopes, will — be achieved. There is more to the situation than just that, Caoimhghı´nO´ Caola´in: The reason was clearly and that is the reason my amendment goes his facility to espouse—— further. Let us make no mistake. I did not make the accusation of jobs for the boys, or girls, Mr. B. Lenihan: You did not—— regarding State boards. I said that it left the Government open to that accusation, although I Caoimhghı´nO´ Caola´in: I did not interrupt you have not subscribed to it. However, the guilt com- once, and you should at least have the manners plex is there, and it is bound to present itself. to be quiet—— The Minister of State cannot have it both ways. The point is that I wish to see a fair and trans- Mr. B. Lenihan: You need not patronise me in parent appointments process. The Taoiseach has this House. said in this House that his greatest difficulty in getting people with the necessary skills, pro- Caoimhghı´nO´ Caola´in: ——when I am fessional experience and so on to come forward responding to you. is that they are already far too busy to give of their valuable time in serving on State boards and An Leas-Cheann Comhairle: Through the State-appointed bodies. The way to address that Chair, please. is to open the doors to every citizen and not sim- ply the names nominated by those with access to Caoimhghı´nO´ Caola´in: You can call it an ear. That has been the practice, but we do “patronising” or whatever you like. Quite society and the State boards a disservice if we cut frankly, I am not the least bit intimidated by the out ordinary, decent men and women the length Minister of State or any of his colleagues. and breadth of this country, who, from their experience in their professions or in retirement, Mr. B. Lenihan: No one is seeking to intimidate can bring expertise and knowledge to bear in the the Deputy. service of the State, which is there to serve every citizen. Caoimhghı´nO´ Caola´in: I use my right to The second part of my amendment is as crucial speak here—— and important as the first.

Mr. B. Lenihan: He has an absolute right to An Leas-Cheann Comhairle: I remind Deputy do so. O´ Caola´in that this is his second time to speak, so he has only two minutes. An Leas-Cheann Comhairle: Order, please. Caoimhghı´nO´ Caola´in: Have I exhausted it? Caoimhghı´nO´ Caola´in: ——and the Minister of State can either sit there and listen or leave, An Leas-Cheann Comhairle: You have a right whichever is his desire. I am sure that it will not to reply. matter one way or the other. Caoimhghı´nO´ Caola´in: I suppose the two An Leas-Cheann Comhairle: Let us return to minutes are over. I thank the Leas-Cheann the amendment. Comhairle for his patience and the Minister of State for listening at last. If he does not accept Mr. B. Lenihan: It does matter. the amendment on this occasion, I look forward 93 Health and Social Care Professionals Bill 2 November 2005. 2004: Report and Final Stages 94 to his doing so in due course. These arguments Dr. Devins: Watch Fianna Fa´il. We do it. will continue to present themselves. Mr. Gormley: Good for them. However, the Ms O’Sullivan: I reiterate what I said before. It point I was trying to make is that, despite setting is Government policy that there be gender up structures, many societal factors militate balance on State boards, and I do not know why against female participation. Therefore, a quota the Minister cannot accept the amendment. I do system such as this is the best way forward. not see why it cannot be done. Section 28 deals Deputy Devins was not present, but I recently with membership of the individual boards for the met Danish parliamentarians. It was quite various professions. Three are to be engaged in remarkable, since most were women. There was the practice of the profession, two in management only one man. They had managed it, and Nordic services and so on, so there is no reason the Mini- countries always manage to be far ahead of us ster cannot say that one must choose at least one when it comes to such issues. To my mind, this man and at least one woman in situations where amendment makes perfect sense. It is a way of there is to be more than one nomination. I accept giving legislative effect to the theory, but it must that when only one is chosen, one cannot stipu- be more than that. It must now become a reality. late that one should have a man or a woman. If we had a list system here, we would have a very However, where there is more than one, there is different approach. We could have 40% female no reason that the Minister cannot do so. It has representation. It is difficult to achieve that with been done before by many Ministers. I do not the present system. For many reasons, into which accept that it cannot be done. There are extras to I do not wish to go, there are certain advantages be appointed by the Minister both to the boards in politics if one is a man; that is the long and the and to the council. short of it. What is sauce for the goose is sauce for the I support these amendments. I understand that gander, and I have no problem saying that, in the Deputy O´ Caola´in is vexed enough to put the very few cases where men are in the minority and matter to a vote. We shall see. one must discriminate in their favour rather than in favour of women, we should do so. We need Mr. B. Lenihan: I assure Deputy O´ Caola´in gender balance on boards. In the vast majority that I always listen to his every word with the of cases in Ireland, the discrimination must be in greatest of care. I was commenting on his amend- favour of women to ensure that they be properly ments since they do not seek — neither do those represented. However, if in the case of certain tabled by Deputy McManus — to prescribe how professions it must benefit men, that is fine, since the Minister should make his own appointments. that is what it is all about. We must ensure that They purport to describe how all the appoint- this goes into all legislation and that Government policy and that of all parties in this House is ments to the council, which is the overarching implemented. That will not be done by wishful body regulating such professions, and the individ- thinking. ual registration boards should be made. I reiter- That is why I raised the fact that the Minister ate my original point that it is Government policy for Defence, Deputy O’Dea, threatened to do it to secure gender equality in the composition of but never did so. He said that he would do it such boards. However, to provide so in the con- within six months of being appointed as Minister text of such boards is for the Minister to dictate if it did not happen automatically. It did not hap- the consequence of a nomination from a pro- pen, but he did not do that. If this is the attitude fessional body or the course of an election. of Ministers, it will not happen. Perhaps it must Deputy Gormley put it rather well when he be enshrined in legislation that Ministers do so said that the problem may lie in the electoral regarding Government-appointed councils and system that we habitually use in Ireland, generally boards. In this case, I see no reason that it cannot the spot vote or a single transferable vote. For be done, and I urge the Minister to accept the example, if a list system was to be employed in amendment. such elections that might be a way of securing a particular outcome. However, that would require Mr. Gormley: I have listened carefully to what a proposal of much greater detail than that before the Minister of State had to say. He started by us. What is before the House this evening is a stating that his own party had recently introduced simple direction to the Minister to ensure that a form of gender balance. In my party, we tried 40% of the appointments should belong to a part- to do so many years ago, and I confess that it icular gender. Were we to so legislate, the Mini- has not been too successful, even after putting the ster would then, in effect, have to tell a particular structures in place. We have six Deputies, all of professional body that he cannot accept the freely whom are men. Sinn Fe´in has five, and all five chosen representative of its registration board, as are men. The Labour Party—— per its electoral mandate and that it must reballot until such time as the necessary number of Ms O’Sullivan: Some 33% of us are female. acceptable appointees of a particular gender is 95 Health and Social Care Professionals Bill 2 November 2005. 2004: Report and Final Stages 96

[Mr. B. Lenihan.] there is very great difficulty. As regards the reached. I do not believe that is a tenable public interest appointment, in the case of a pro- proposition. fession where there is a substantial female or Equally, in the case of the overall council the male composition, it can be difficult to identify nominations come from the individual regis- persons who have the type of public interest tration boards representing the particular boards. knowledge of the given professional activity, as The Minister would have to give a direction to distinct from being a member of the profession, those boards that he cannot accept their nomi- and who meet the gender requirements. These nations unless they belong to a particular gender. are difficulties that Ministers have to grapple The question would arise as to which particular with. I am happy to reiterate what the Ta´naiste boards would have to be given such a direction. said, which will certainly warrant what has been When all of those issues are looked at one can said in the House this evening being taken into see the problems which this House may well have consideration in the making of any appointments to address, though in a different context, as to that are at our discretion. how gender equality may be ensured. To provide for it in this legislation would require legal archi- Caoimhghı´nO´ Caola´in: I acknowledge the tecture of considerably greater sophistication Minister of State’s change of tone. I hope, irres- than that which has been put before the House pective of what action is now taken, he will raise this evening by Deputies O´ Caola´in and this matter with the Ta´naiste, as indicated, and McManus, although I accept the spirit in which the Government will adhere to the spirit of this the amendments were tabled. If I have given amendment, at least. I acknowledge, too, the Deputy O´ Caola´in the impression otherwise, I am Minister of State’s point on the legal architecture sorry for so doing. I accept it is an issue that must necessary in this regard, but it must be started be attended to, but this legislation illustrates very somewhere. I may not have the resources in well that it is not as simple a matter as it often terms of the exactitude required in drafting legis- seems. Very few Bills, nowadays, provide that a lation, but we have some small experience. I Minister appoints, say, ten persons at his or her assure the Minister of State that it is experience discretion, to a particular board. The trend, in that we will continue to gain. The spirit of it is statutory draftsmanship, has been towards strongly held by me and clearly, by other Oppo- restricting the scope of the discretion of the Mini- sition voices. The Minister of State has reflected ster and trying to insist that members of part- good intent in this regard and I acknowledge this. icular boards have appropriate qualifications. However, I advise the Leas-Cheann Comhairle That is evident in this legislation and it makes the that I will press my amendment. task of gender balance all the more difficult. Add to this the fact that here we are providing Question put: “That the words proposed to be representative machinery for professions and deleted stand.”

The Da´il divided: Ta´, 69; Nı´l, 55.

Ta´

Ahern, Michael. Glennon, Jim. Ahern, Noel. Grealish, Noel. Andrews, Barry. Hanafin, Mary. , Sea´n. Haughey, Sea´n. Blaney, Niall. Jacob, Joe. Brady, Johnny. Keaveney, Cecilia. Brady, Martin. Kelleher, Billy. Browne, John. Kelly, Peter. Callanan, Joe. Killeen, Tony. Callely, Ivor. Kirk, Seamus. Carey, Pat. Kitt, Tom. Carty, John. Lenihan, Brian. Cassidy, Donie. Lenihan, Conor. Collins, Michael. McDowell, Michael. Coughlan, Mary. McEllistrim, Thomas. Cregan, John. McGuinness, John. Cullen, Martin. Moloney, John. Curran, John. Moynihan, Donal. Davern, Noel. Moynihan, Michael. de Valera, Sı´le. Mulcahy, Michael. Dennehy, John. O´ Cuı´v, E´ amon. Devins, Jimmy. O´ Fearghaı´l, Sea´n. Ellis, John. O’Connor, Charlie. Finneran, Michael. O’Dea, Willie. Fitzpatrick, Dermot. O’Donnell, Liz. Fleming, Sea´n. O’Donovan, Denis. Gallagher, Pat The Cope. O’Flynn, Noel. 97 Irish Unification: 2 November 2005. Motion 98

Ta´—continued

O’Keeffe, Batt. Smith, Brendan. O’Keeffe, Ned. Smith, Michael. O’Malley, Fiona. Treacy, Noel. O’Malley, Tim. Wallace, Dan. Parlon, Tom. Wallace, Mary. Power, Peter. Wilkinson, Ollie. Power, Sea´n. Woods, Michael. Sexton, Mae.

Nı´l

Allen, Bernard. McGinley, Dinny. Boyle, Dan. McGrath, Finian. Breen, James. McGrath, Paul. Breen, Pat. McManus, Liz. Broughan, Thomas P. Mitchell, Gay. Bruton, Richard. Morgan, Arthur. Burton, Joan. Murphy, Catherine. Connaughton, Paul. Murphy, Gerard. Connolly, Paudge. Naughten, Denis. Costello, Joe. Neville, Dan. Cowley, Jerry. Noonan, Michael. Crawford, Seymour. O´ Caola´in, Caoimhghı´n. Crowe, Sea´n. O´ Snodaigh, Aengus. Deenihan, Jimmy. O’Keeffe, Jim. Durkan, Bernard J. O’Shea, Brian. Enright, Olwyn. O’Sullivan, Jan. Ferris, Martin. Pattison, Seamus. Gilmore, Eamon. Penrose, Willie. Gormley, John. Rabbitte, Pat. Gregory, Tony. Ryan, Sea´n. Hayes, Tom. Sargent, Trevor. Healy, Seamus. Sherlock, Joe. Higgins, Joe. Stagg, Emmet. Higgins, Michael D. Timmins, Billy. Howlin, Brendan. Twomey, Liam. Lynch, Kathleen. Upton, Mary. McCormack, Padraic. Wall, Jack. McEntee, Shane.

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

Question declared carried. — recognising the political progress brought about by the peace process and Amendment declared lost. the Agreement, benefitting all the people of Ireland; and Private Members’ Business. — reiterating its appreciation of the work undertaken to date by the North-South ———— Ministerial Council and the North- South bodies; Irish Unification: Motion. resolves to: Caoimhghı´nO´ Caola´in: I propose to share time — work for the full implementation of the with Deputies O´ Snodaigh, Ferris, Sargent, Finian Agreement in all its aspects and for the McGrath and Joe Higgins. re-establishment of the institutions of the Agreement at the earliest date; An Ceann Comhairle: Is that agreed? Agreed. — promote all-Ireland policies and stra- tegies, benefitting all parts of the island; Caoimhghı´nO´ Caola´in: I move: — actively seek to persuade Unionists, That Da´il E´ ireann: through dialogue, of the advantages of — re-affirming its support for the Good unification for all the people who share Friday Agreement as endorsed in refer- this island, in their diversity; and endums by the people of Ireland North — prepare politically, economically, and South; socially and culturally for Irish unifi- 99 Irish Unification: 2 November 2005. Motion 100

´ [Caoimhghı´nOCaola´in.] Governments. On the part of the DUP there can cation, identifying steps and measures, be no more possible excuses for non-engagement including a Green Paper, which can with Sinn Fe´in. The excuse of IRA weapons is assist a successful transition to a united no longer tenable; indeed, the hollowness of that Ireland. excuse as used so often in the past has been Cuirim fa´ilte roimh Theachtaı´ Shinn Fe´in o´ n exposed since the IRA’s announcement and its Tuaisceart, o´ n taobh eile den Teorainn. I wel- putting of weapons beyond use. come to the Visitors Gallery Sinn Fe´in MPs, Those who seek to minimise the significance of including our party president Gerry Adams, and developments this past summer and the potential members of the Northern Assembly. for progress which they offer, are doing a grave Molaim an ru´ n seo ar son Theachtaı´ Shinn disservice to their constituents. However, I Fe´in. Is annamh a bhı´ deis ag an Da´il aontu´ na believe the DUP will enter negotiations with Sinn hE´ ireann a phle´.Nı´ cuimhin liom dı´ospo´ ireacht Fe´in. One thing is certain — whittling down the ar an gceist seo o´ nar toghadh me´ i Agreement, failing to implement it or abandoning 7 o’clock 1997. Ce´ gur phle´amar pro´ iseas na the legitimate political objective of Irish unity will sı´ocha´na go minic, nı´ raibh deis not encourage dialogue. On the contrary, it will againn dı´riu´ ar an gha´ a bheith ag obair i dtreo reinforce intransigence. aontu´ na hE´ ireann. Mar sin, cuireann se´ a´thas Sinn Fe´in has tabled this motion and we urge orainn, mar Theachtaı´ Shinn Fe´in, an ru´ n seo a the Irish Government to publish a Green Paper chur os comhair na Da´la agus iarraidh ar gach on Irish unity because we believe that the practi- Teachta tacu´ leis. cal planning for a United Ireland should begin Nı´ ru´ n amha´in ata´ ann seo, a´fach. Seo fo´ gra now. It is a moderate motion and I am disap- chomh maith go bhfuilimid chun dul ar aghaidh pointed at the Government amendment which go dtı´ an cuspo´ ir sin i gcuideachta gach duine sa does not reflect in full the essence of the prop- tı´r a bhfuil an cuspo´ ir daonlathach sin aige no´ osition before us. I urge the Government, even at aici. this late stage, to abandon its amendment and to It is an honour to present this motion on behalf support the Sinn Fe´in motion. of the Sinn Fe´in Deputies. The motion encapsu- Throughout the peace process we have consist- lates the central aim of our party and, more ently urged an island wide approach in key policy importantly, the sincerely held objective of the areas, including the economy, health, education, vast majority of the people of Ireland. The demo- employment, agriculture and tourism. We have cratic objective of the reunification of Ireland is given practical expression to this through the reflected, to one degree or another, in all political work of our Ministers in the Executive and the parties represented in the Oireachtas. All the all›Ireland Ministerial Council. In the Assembly principal political parties state that Irish unity is and in the Da´il, Sinn Fe´in representatives have one of their aims but it must be more than an continuously pressed the need to sustain and aspiration and an objective, however sincerely develop the all-island approach enshrined in the held. If we are serious and sincere we must work Good Friday Agreement. By planning for Irish together towards Irish unity. This motion is an unity and by demonstrating that unification can invitation to do just that. lead to a better society for all the people of this We have debated the peace process many times island, Nationalists will go far towards persuading but we have not taken the opportunity to address many Unionists that they can have a secure future the issue of Irish unity itself. Our motion presents in a new, united Ireland. such an opportunity. This debate comes in the We should be strengthening and building upon wake of the momentous decision of the IRA to the all-Ireland aspects of the Agreement. The end its armed campaign and to put its weapons Irish Government should be initiating and sus- beyond use. I do not believe any of us yet taining a planned programme of all-Ireland social appreciates the enormity of this development. It and economic development which aims to will take time for it to be seen in its proper his- remove the obstacles created by partition, torical context. It marked a crossroads not only strengthen the links between the people in all in the peace process but in the development of parts of the island and integrate the economy and politics on this island. It confirmed what the society. Such work should proceed at all levels peace process had established — that Irish repub- and the Irish Government should not be depen- licans are totally committed to the peaceful and dent upon the active co-operation of any British democratic way forward to our objective of Irish Administration, although such co-operation is not unity and national sovereignty. only desirable but an obligation of the British The immediate task before us is the reinstate- Government under the Agreement. ment of the structures established under the Central to the Good Friday Agreement is an Good Friday Agreement. That is the responsi- equality agenda which seeks to address many bility first and foremost of the British and Irish injustices. It cannot be stressed enough that 101 Irish Unification: 2 November 2005. Motion 102 equality applies to everyone. It will benefit all and report progress on implementation. A Mini- sections of the community. The attempt to por- ster of State should be appointed by the Govern- tray the equality agenda as meaning privilege for ment with the dedicated and specific responsi- Nationalists is the latest manifestation of the sec- bility of driving forward and developing policy tarian scare tactic designed to prevent Unionists options and strategies to advance the outcomes making common cause at any level with National- of the Green Paper and to direct and co-ordinate ists. Unionists need to embrace the equality the Government’s all-Ireland policies. Partici- agenda. There is no other way forward for their pation by people resident in the Six Counties in community. Refusal to do so can slow down but the democratic life of the nation should be facili- cannot halt the process of change. Participation tated and include Northern representation in the now in the process of change is the best guarantee Houses of the Oireachtas. Citizens in the Six that their interests will be represented most Counties should have voting rights in presidential effectively. elections and for a reformed Seanad elected on a Many in the unionist community already pri- national list system. vately admit that Irish unity is inevitable. Recog- Finally, the Irish Government, in consultation nition that this process of change is leading to with the social partners, the community and NGO Irish unity will be a very painful but ultimately sector, the business and agricultural sectors and liberating development for Unionists. National- the trade unions, must begin the process of co- ists throughout Ireland also need to come to terms with the reality that the achievement of ordinating economic planning on an all-Ireland their aim of Irish reunification will mean pro- basis. found change. The political landscape will be I look forward to a serious debate on these pro- transformed. New political alignments will posals. I call on the Taoiseach to proceed with his evolve. New island wide economics will develop. invitation to the 18 MPs in the Six Counties to There will be new demands on the economy to participate in a committee of the Da´il, beginning meet the needs of a reunited island and people. in early 2006 and to be held at least twice a year. There will be many challenges but also many The knee jerk and partitionist reactions to this opportunities. reasonable and modest proposal from the leaders Every Deputy and Senator has received a copy of Fine Gael and Labour surely raise profound of Sinn Fe´in’s discussion document, A Green questions for the members of these two parties, Paper on Irish Unity. In summary it sets out the one of which subtitles itself “the United Ireland following programme. There is a national Party” and the other which claims the mantle of responsibility on the Irish Government to formu- James Connolly. I ask Fianna Fa´il Deputies and late and implement a strategy to achieve the Senators, and indeed their party’s members, if democratic objectives of national self-determi- they will allow this proposal that we have put for- nation, Irish reunification, political independence ward to be vetoed by the Minister for Justice, and national reconciliation. Consultation, engage- Equality and Law Reform, Deputy McDowell, ment, persuasion and negotiation, with a view to who has called for Irish republican MPs, elected securing active support for a united Ireland, must on the basis of non-participation in Westminster, be the means towards these ends. It must involve to take their seats there and to swear an oath of a negotiation with the British Government and allegiance to the English Queen. These nay-say- must be underpinned by a meaningful and sub- ers have misrepresented the Irish people. We are stantial peace dividend from both Governments. mandated by them to work together for the Such a strategy needs to have an international benefit of this country, and that includes working dimension which includes seeking specific forms together towards Irish national reunification. of support from popular and political opinion in The type of society we will have in a united Britain, the Irish diaspora and the international Ireland is already being shaped. We must ensure community. The Taoiseach should commission a that it is not a cold house for any section of our Green Paper on Irish unity to be completed community. What Dr. Martin Luther King said within one year. The aim should be to identify about the world in 1967 applies equally to Ireland steps and measures which can promote and assist and the world in this new century: a successful transition to a united Ireland and to develop detailed planning for a new state and a We have inherited a large house, a great new society that all Irish people can share. All ‘world house’ in which we have to live together stakeholders in society on this island must be — black and white, Easterner and Westerner, given an opportunity to take ownership of the Gentile and Jew, Catholic and Protestant, debate and be part of the process this initiates. Moslem and Hindu — a family unduly separ- The Green Paper should be referred to a ated in ideas, culture and interest, who because specially dedicated joint all-party committee of we can never again live apart, must learn some- the Oireachtas on Irish unity to monitor, assess how to live with each other in peace. 103 Irish Unification: 2 November 2005. Motion 104

´ [Caoimhghı´nOCaola´in.] leis an Aire Dlı´ agus Cirt, Comhionannais agus I put the motion to the House and recommend it Athcho´ irithe Dlı´ gur ga´ do´ e´isteacht agus aird a to all Deputies. thabhairt ar mholtaı´ a thagann o´ n choimisiu´ n sin. Arı´s agus arı´s eile, ta´ tar e´is teip ar an Rialtas o´ Aengus O´ Snodaigh: Ar dtu´ s baire ba mhaith thaobh an Chomhaontu´ ins an ca´s seo. Feictear liom an deis seo a ghlacadh chun fa´iltiu´ arı´s roimh ar an slı´ ata´ siad ag caitheamh leis an lucht siu´ il, an ce´im cro´ ga a ghlac O´ glaigh na hE´ ireann i mı´ na dı´deanaigh agus imircigh, agus an da´ leibhe´al Mea´nFo´ mhair, ag le´iriu´ arı´s go bhfuil siad da´irı´re de shaora´ntacht a bhunaigh siad anuraigh. Fe´ach faoi E´ ire a athaontu´ go sı´ocha´nta. In aineoinn na´r ar an praiseach a dhe´an siad maidir leis Acht sı´nitheoirı´ Comhaontu´ Aoine an Che´asta iad, mı´chumasach nı´os luaithe i mbliana. Nuair a ta´dar tar e´is na dualgaisı´ a bhı´ curtha orthu a chaith daoine vo´ ta ar son an Chomhaontu´ i 1998, chomhlı´onadh, rud nach bhfuil fı´or maidir le bhı´ siad ag tnu´ th go mbeidh tairbhe le baint acu sı´nitheoirı´ an chaipe´as u´ d, Rialtas an Sta´it seo as an cosaint ar cheartaı´ a bhuaigh poblacta´naigh ina measc. sna idirbheartaı´ocht roimhe sin. Ach nı´l le feiscint Chonaic leasu´ an Rialtas nı´os lu´ ithe inniu agus acu o´ shin ach go bhfuil na cosaint sin a´ laghdu´ ta´ se´ trago´ ideach. Meatacha´n ata´ ionaibh. Nach de siar ag an chla´r polaitiu´ l an eite dheis. bhfuil aon cna´mh droma agaibh? Nach bhfuil sibh Ar cheist sla´nda´il bhı´ an me´id seo le ra´ ins an sa´sta seasamh leis an ı´deal a bhı´ ag bunaitheoirı´ Chomhaontu´ : “gur fe´idir agus gur cho´ ir gurb bhu´ rpa´irtı´ agus obair chun E´ ire a aontu´ , seachas ionann forbairt timpeallachta sı´ocha´na ar bhonn an seafo´ id seo ata´ agaibh, “na´ cur as do na an Chomhaontaithe seo agus gna´thshocruithe Aontachto´ irı´”? Cad faoi na na´isiu´ nto´ irı´? Cad faoi agus gna´thchleachtais sla´nda´la a thabhairt na poblachta´naigh? Na´r fho´ gair Bertie fhe´in le isteach”. Bhı´ se´ i gceist, dar ndo´ igh, go scoirfidh de´anaı´ gur poblachta´nach e´?Nı´l aon ro´ l ag aon leis Na Achtanna Coireanna in Eadan an Sta´it poblachta´nach suı´ ar an claı´ ag fanacht ar E´ ire ı´ 1939-85 mar a ligeann na coinnı´ollacha. De fhe´in a athaontu. thairbhe an fora´llach seo, tuaraiscı´ Binse Morris, Ta´ se´ de dha´nacht ag an Rialtas a ra´ linne ina mar shampla, moltaı´ Hederman, agus ach go leasu´ go bhfuil dualgais fo´ s le comhlı´onadh ag ha´irithe conclu´ idı´ Coiste Cearta Daonna na poblachta´naigh. B’fhiu´ do´ ibh fe´achaint ina stabla Na´isiu´ n Aontaithe a du´ irt go lom dı´reach “Nach fhe´in ar dtu´ s, ma´s ag lorg teipe teist an gcreideann siad go bhfuil aon bonn cirt leis — An chomhaontu´ ata´dar. B’fhiu´ do´ ibh fe´achaint ar sin. Chu´ irt Speisialta — bheith ann san la´ inniu´ ”. Ta´ tionchar creimneach ag reachtaı´ocht e´igeanda´la Mary Coughlan: An focal a u´ sa´id gan o´ mas a ar no´ s Achtanna Coireanna in E´ adan an Sta´it thabhairt don Teach seo, nı´ Bertie ar chor ar bith agus an Chu´ irt Speisialta agus nı´l aon a´it in aon ach an Taoiseach. sta´it lena leithe´ad de reachtaı´ocht. Ta´ fı´s ag Sinn Fe´in i leith E´ ire aontaithe Mr. Treacy: Gan o´ mas a thabhairt don Teach. lonnaithe i bhForo´ gra 1916 agus i gCla´r Daonlathach an Che´ad Da´il. Ionta sin ta´ a´r bun Aengus O´ Snodaigh: Ag casadh ar an me´id ata´ luachanna agus a´r bun prionsabail. le ra´ agam mar gheall ar dualgaisı´ an Rialtas, ta´ D’fha´iltigh me´ an seachtain seo chaite nuair a freagracht a´irithe acu maidir le sraith a trı´ don d’fo´ gar an Taoiseach go raibh se´ chun como´ radh Chomhaontu Aoine Che´asta a chomhlı´onadh, is sta´it a dhe´anamh athuair ar E´ irı´ Amach 1916, ach se´ sin “cinntiu´ go mbeidh ar a laghad le´ibhe´al impı´m ar machnamh da´irire a dhe´anamh ar cosanta ar chomhche´im” o´ thaobh cearta daonna luachanna agus spriocanna na sı´nitheoirı´ agus ce´ agus fora´lacha cothromais sna 26 Chontae is ata´ chomh difriu´ il is ata´ o´ taifead Rialtas eile thar na sna Se´ Chontae. blianta ins an Sta´it seo. Sin an aidhm agus Creidim da´ re´ir go bhfuil dualgas ar an Rialtas fe´achaint amach anseo chun tosaigh. treoru´ don Aire Dlı´ agus Cirt, Comhionannais agus Athcho´ irithe Dlı´, an Teachta McDowell, Mr. Ferris: As this motion states, there is a mu´ nla Patten i dtaobh po´ ilı´nteacht a ghlacadh clear and pressing need for the case for Irish unity don Garda Sı´ocha´na, Fear an Phobail no´ to be actively promoted. Not to do so will con- Ombudsman an Garda ina measc. demn the north-eastern counties of this country Theip ar an Sta´it arı´s teist an to another prolonged period of crisis. There are chomhche´imeachas a ghlanadh nuair a de´anadh those like Deputy Rabbitte who argue the Coinbhinsean na hEorpa ar Chearta Daonna a opposite. In his speech here on 28 September, corpra´idiu´ anuraigh. Ba ce´im chun tosaigh bunu´ Deputy Rabbitte spoke about the Six Counties as Coimisiu´ n Chearta Daonna na hE´ ireann, ach ma´ though it was some exotic country on the other ta´ se´ chun an teist ata´ luaite agam a side of the world, and its inhabitants a strange chomhlı´onadh agus a ghlanadh is ga´ de´ilea´l leis band of beings whose actions and motivations are an easpa maoine a choscann e´ o´ bheith ag obair a constant puzzle to all of us in this part of our agus ag gnı´omhu´ gan stro´ .lsga´ chomh maith a ra´ country. 105 Irish Unification: 2 November 2005. Motion 106

I wonder to what extent the leader of the society, as envisaged by the founders of Irish Labour Party speaks for all his members when he republicanism and the framers of the 1916 Procla- adopts that attitude. The vast majority of Labour mation and Democratic Programme. It was not members and supporters who I know see them- Irish republicans who allowed this State to be selves in the tradition of James Connolly and turned into a narrow clerical dominated society strongly support the demand for a united Ireland. in which the sort of horrors we read about in the Perhaps Deputy Rabbitte is speaking more from Ferns Report were allowed take place — a the perspective of the anti-republican ideology society of mass poverty and emigration. Those that dominated Democratic Left. responsible for that were successive Fianna Fa´il Deputy Rabbitte and others contend that the Governments and coalitions that included Fine solution to their problem is to engineer a perma- Gael and the Labour Party. Republicans did not nent settlement in which the Six Counties remain create that society and we have no wish to recre- forever under British sovereignty. Republicans ate it and foist it on our fellow Irish men and who argue to the contrary are accused of going women in the Six Counties. beyond the Good Friday Agreement and of deep- I must also refer to the positive role played by ening divisions. the Irish Republican Army in attempting to bring Republicans have never made any secret of the about a settlement. The IRA helped to initiate fact that we do not regard a devolved admini- the peace process and the ceasefires declared by stration as the final settlement. What we have the organisation were crucial steps on the way to done, with others who do not include Deputy the Good Friday Agreement. Unfortunately, the Rabbitte, is bring about a situation in which advo- goodwill displayed by the IRA and the risks cates of Irish unity and defenders of the union taken by that organisation have not always been can argue their respective positions in something reciprocated. Nonetheless, the IRA has con- approaching a normal political environment. tinued to take bold initiatives. In September it However, we do not believe that political nor- took an unprecedented step in regard to its struc- mality can ever be achieved while the British tures and arms. This was done despite consider- claim and exercise jurisdiction over that part of our country. Far from that jurisdiction being able unease among republicans conscious of the “bedded down”, as hoped for by Deputy dangers inherent in a situation where Unionism Rabbitte and others, the period since 1998 has retains the physical means to attack Nationalists. proven that it is the ultimate and ongoing cause While I know that there has been a generally of tension and instability. Therefore, the logical positive reaction from members of the Unionist solution to that is to bring about a situation in community, there is little leadership among its which all the people of Ireland can create a state political representatives, who are either unwilling in which all our cultural identities and interests or afraid to reciprocate in a way that would lead are accommodated. It is our belief that this can to the re-establishment of the political insti- be best achieved in an all Ireland republic. tutions. Of course, it is also the responsibility of Deputy Rabbitte also accused republicans of the two Governments, particularly the British failing to recognise or to address what he terms Government, to ensure that this takes place as inter-communal divisions. That is patronising soon as possible. Once that is done there can be nonsense. How could republicans in the Six some semblance of normal democratic politics. Counties fail to recognise differences that govern Unionists will be free to argue their position and every aspect of their life there? Sinn Fe´in will certainly not be found wanting in As for failing to do anything to address those promoting the need for an all-island settlement. divisions, I assure Deputy Rabbitte that my party has far closer and more genuine links with Mr. Sargent: I move amendment No. 3: members of the Unionist community than he or To delete all words from and including “pro- anyone else in this State. Those links are exten- mote all-Ireland” in the fifth paragraph and sive and ongoing and sometimes, in the light of substitute the following: sensitivities, of necessity, low-key. They are something we take very seriously and not to be “— promote the full development of strands used as occasional publicity stunts. one, two and three of the Agreement so Over the course of our dialogue with unionism that decisions in relation to North-South we have come to recognise deeply held beliefs as well as East-West and Northern con- and fears, and have sought in various ways to cerns are taken on a sustainable basis at address them. We have no wish to oppress or the lowest effective level and in a way dominate those with different belief systems and that respects diverse political aspirations cultures but we are nonetheless convinced that and devolved decision making as pro- the best way in which to protect all differences vided for in the Good Friday is through the creation of a genuinely republican Agreement.” 107 Irish Unification: 2 November 2005. Motion 108

[Mr. Sargent.] take for granted the supply of energy at current Is oth liom a ra´ nach fe´idir liom aontu´ go hiomla´n levels. The east-west dimension is not simply a le ru´ n Shinn Fe´in, ce´ go dtugaimid tacaı´ocht do political aspiration; it is vital for our day-to-day cheithre as seacht gcuid den ru´ n ata´ os a´r needs. gcomhair anocht. Ta´ an Comhaontas Glas ar bun The Sinn Fe´in motion, while valid in terms of o´ 1981 ag obair ar sheacht bprionsabal. Those the aspirations of that party and many other principles include a sustainable quality of life, people of a Nationalist background is, unfortu- maximising self reliance for communities and nately, another example of putting the cart before encouraging grass roots democracy which the horse. As one who sees a rationale behind an prioritises consensus based decision making all-island organisation which takes into account principles. Like all parties in the House, we have the co-operation of people of diverse political campaigned for the Good Friday Agreement and opinions, I believe it is more likely to frighten continue to work for its full implementation. Unionists than to persuade them down the road However, we are unique among Da´il parties in to joining a united Ireland. For example, if we all that we do not trace our origins back to violent support the Good Friday Agreement, we should revolution, which I acknowledge resulted in the acknowledge that Northern Ireland exists. I formation of the State, represented by Deputies repeatedly ask why we must listen to constant ref- in Da´il E´ ireann while the Northern province was erences to the Six Counties. I accept that the term represented by Northern MPs, some of whom we is a numerically correct statement of fact but welcome to the audience for this debate. Northern Ireland exists. The Good Friday Agree- For many Greens, the nation state has a useful ment acknowledged this fact and we all supported role in forging identity and in addressing many the Agreement on the basis that we accepted it. needs but it is not by any means sufficient to deal It is time we were mature enough to recognise it. with the major global and international problems That said, this is not to agree that Northern we discuss on occasion in the House, although not Ireland must always exist or that we wish to deny often enough, such as climate change, drug traf- anyone’s valid political aspirations. ficking, the exploitation of workers and so on. For I agree with the motion that we need to maxi- this reason, our amendment recognises the mise North-South developments, whether in importance of the Good Friday Agreement in its regard to REPS, an island-wide environmental totality, including the importance of strand one. protection agency, transport issues that relate to Much work remains to be done and we must both sides of the Border, or energy issues. I do focus on this, for example, with regard to not blame Sinn Fe´in for rushing the fence at this policing. Sinn Fe´in has an important role in mov- point given that Fianna Fa´il has demonstrated it ing forward that agenda, which I hope it will help is quite happy to make political footballs out of by joining the policing authorities as soon as serious issues such as the commemoration of possible. 1916. Strand two is vital and needs to be further developed. The Ceann Comhairle will know that Mr. Treacy: That is a disgraceful statement. on the Order of Business we regularly ask, partic- ularly in the context of the Ferns report, when we Mr. J. O’Keeffe: It is a coincidence, no doubt. will have a register of people considered unsafe to work with children. We are repeatedly told Mr. Sargent: It is a political football, as the that the hold-up is due to the lack of progress in Minister of State well knows. Everybody in this the peace process and the lack of an Assembly in country has particular regard for the sacrifice that the North. For many, this is ironic because rather took place in 1916 and its important effect on our than doing away with all forms of terror, we seem history. My family would have known the Pearse to be replacing one form of terror, paramilitar- brothers from 1912 and many in this Chamber ism, with another form involving children being would have a particular wish to be involved in exposed to danger. 1916 commemoration ceremonies. The Sinn Fe´in amendment should focus more on strand three, which concerns the east-west Mr. Treacy: Why does the Deputy not do so? dimension of the Good Friday Agreement. We know of the threat of bird flu, the ongoing threat Mr. Sargent: Because Fianna Fa´il has decided of rabies, fisheries issues and, given the Rossport the ceremonies are an Ard-Fheis device to rally five controversy, the importance of gas supplies its troops and try to out-Sinn Fe´in the Sinn Fe´in for this country. Gas will not be supplied from Party. People will see it for what it is. If Fianna the Corrib gas field in anything like the quantity Fa´il was serious about the 1916 commemoration, needed so we must ensure good working relations rather than turning it into a political football it and co-operation between Ireland, Britain and would have established a cross-party forum to mainland Europe as far as Siberia if we are to establish a consensus on how all parties and Inde- 109 Irish Unification: 2 November 2005. Motion 110 pendents in the House, and civic society, would him. I stand by Fr. Reid, one of the main archi- wish to commemorate the 1916 Rising centenary. tects of the peace process. I challenge the hypocrisy of those who claim to Mr. F. McGrath: It is not too late. follow in the tradition of Collins, Connolly and Pearse and yet have a problem with having Mary Coughlan: Someone must make a Northern Irish representatives speaking in this decision. House. Statements on this matter over recent days were a disgrace. I want to see Nationalist Mr. Sargent: While the peace process cannot and Unionist representatives speaking frequently be a cold house for Unionists, neither should it in the Houses of the Oireachtas. The House be for Opposition parties. As Dublin Castle no should not be a cold house for any community longer hosts the Forum for Peace and Reconcili- or religion. The door must always be open for ation, it is in effect a cold house for Opposition Catholic, Protestant, Muslim, Jew or dissenter, parties. This must be resolved if the Government and particularly for those with a democratic is serious about inclusiveness and bringing mandate. Unionists on board in future governance. How I support the recent calls for all elected rep- can the Da´il agree to this motion when all parties resentatives in the North to participate in the have different views on what a united Ireland House. It is particularly relevant with the talk of means? We must set down the different options commemorating the ideals of the 1916 Rising and hold a referendum to avoid the pitfall of which preach independence, sovereignty, majority rule which gave us so much grief in the equality, justice and respect for diversity. I find it North. astonishing that some parties have tried to hinder the principles and ideals of 1916 by preventing The issue of Northern Irish MPs having speak- representatives from the North speaking in the ing rights in this House must be discussed. There House. It is a shameful disgrace, showing a lack are several options to ensure there is an outreach of political vision and making a mockery of politi- north of the Border and that the door is not cal and social inclusion. The majority of the closed to those voices in the North which can be people on the island of Ireland want this to hap- examined through the precedent when the late pen. I urge all Members to support the motion. Gordon Wilson was appointed to the Seanad. We The motion resolves to work for the full imple- need to reform the Da´il. How can we persuade mentation of the Agreement in all its aspects and Unionists if smaller political parties are denied for the re-establishment of the institutions of the party recognition in the Da´il? This would not be Agreement at the earliest date. It seeks to pro- acceptable in the Northern Ireland Assembly. mote all-Ireland policies and strategies, Parity of esteem is needed on both sides of the benefitting all parts of the island. It actively seeks Border. to persuade Unionists, through dialogue, of the advantages of Irish unity for all the people, in Mr. F. McGrath: I welcome and support this their diversity, who share this island. It resolves important and excellent motion which concerns to prepare politically, economically, socially and the peace process, the Good Friday Agreement culturally for Irish unification, identifying steps and clearly maps out the way forward for all and measures, including a Green Paper, which people on the island of Ireland. It is clear and can assist a successful transition to a united straight, meriting Members’ support. This motion Ireland. is above party politics. We all need to unite These are sensible proposals that deserve all around these positive principles of democracy, Members’ support. I recognise the political pro- equality and Irish independence. Sadly, there are gress brought about by the peace process and many in the House who do not have the courage how it has benefited the people of the island of of their convictions and constantly throw out Ireland. I had my doubts about losing Articles 2 their two-nation rants in regular debates. and 3 and other matters. In the end I went with I am pushing for the implementation of this those who took the risk for peace, justice and motion, along with the principles of Tone and equality. It is up to all of us to move the process Connolly. I commend and thank all those who forward. Not talking to political opponents must worked hard in the peace process and who, over never be an option in any conflict resolution scen- the years, held their nerve against doubt, cynicism ario. Politicians must be brave with vision. We and suspicion. I pay tribute to those Members must try all options in leading our people. We involved in the process. I challenge those now have a wealthy island but a divided people. Members who are trying to wreck this beautiful We need to unite the people and the island of project. I will use this occasion to defend the Ireland. This strategy is clearly set out in this integrity and vision of Fr. Alec Reid, particularly motion. This motion is about Irish independence, in light of recent criticisms and attacks against justice, equality and peace but also a progressive 111 Irish Unification: 2 November 2005. Motion 112

[Mr. F. McGrath.] Sinn Fe´in aspires to coalition with Fianna Fa´il. future for all our people on the island of Ireland. It has a similar formulation to the Labour Party I urge all Members to support the motion. of the past in that it will decide after the general election. Coalition with Fianna Fa´il would mean Mr. Morgan: Well done. acquiescence in the new liberal agenda dominat- ing European capitalism at present, just as Sinn Mr. J. Higgins: Both the Sinn Fe´in motion and Fe´in Ministers in the North implemented private the Government amendment are predicated on finance initiatives and other right wing policies of the belief that the Good Friday Agreement is a the Blair Government. That which was true in the template for a resolution to the political crisis in days when James Connolly and Jim Larkin organ- Northern Ireland. That is a fundamental fallacy. ised working class people in Belfast is true today. The Good Friday Agreement has provided for Only the unity of working people can overcome the institutionalisation of sectarian division, not sectarian divisions, and that can only be achieved for its overcoming. Since the IRA ceasefire by working class people struggling together on halted its disastrous paramilitary campaign, the the issues that confront them both at the time, polarisation of the communities in Northern such as the horrific poverty that still exists in Ireland has widened horrifically. It has been a both communities. process not of coming together, but unfortunately By opposing the economic attacks of the Blair of the separation of communities. Sectarian- Government such as the attempted imposition of based political parties are part of this polaris- water charges and the attack on public services ation. They contribute to it and, in many cases, they will find in the struggle the way to a demo- lead it. cratic and socialist resolution to the national The Provisional IRA correctly realised at the question and a future where there is no risk of end of the 1980s that its paramilitary campaign one community being discriminated against by was not winnable. In a modern industrialised the other. The only unity achievable on this island society, the methods of paramilitarism or individ- is a socialist Ireland jointly achieved by working ual terrorism cannot defeat state imperialism. people, Protestant and Catholic, North and The end of the Provisional IRA’s campaign was South, on the basis of a socialist economic and also predicated on the belated acceptance by political transformation of society. republicans that the British establishment had no vested interest in holding on to Northern Ireland Minister for Agriculture and Food (Mary as a colony. It would be quite happy to see unifi- Coughlan): Ta´ me´ ag caint thar ceann an Aire cation of this island on the basis of the present Gno´ thaı´ Eachtracha, an Teachta Dermot Ahern, establishments, North and South, and why not? ata´ thar lear sna Sta´it Aontaithe ar obair oifigiu´ il. The Twenty-six Counties is a mecca for profits Chomh maith leis sin, ba mhaith liom am a thab- for British, US and other companies without the hairt sa dı´ospo´ ireacht seo don Aire Sta´it, an costs of an army, administration, etc. Teachta Tracey, agus do na Teachtaı´ Glennon Opposition to a united Ireland within the con- agus O’Connor. An bhfuil se´ sin i gceart? text of the present set-up comes from within the Protestant population. What is sought by Sinn An Ceann Comhairle: Aontaithe. Fe´in is unification on the basis of the present system, in reality the coming together of the capi- Mary Coughlan: I move amendment No. 1—— talist states, North and South. The Protestant working class in particular will simply not agree An Ceann Comhairle: It is not appropriate to to this. If pushed in that direction, it will resist. move the amendment at this time. The Minister Any delusion that a demographic change in the may speak to the amendment. North will solve the problem is wrong-headed. Just as the Catholic population, a minority, never Mary Coughlan: Nı´lga´ ar bith dul ar aghaidh reconciled itself to the Unionist state, neither will leis an leasu´ ag an bhomaite. Da´ mbeadh cead the Protestant population ever accept a united agam, b’fhe´idir go n-e´ireoinn as an mhe´id ata´ le Ireland on the basis of the present system. Sinn ra´ agam agus ata´ scrı´ofa sı´os, mar ta´ se´ an-deacair Fe´in’s attempt to rally Fianna Fa´il, a right-wing a bheith ag e´isteacht lena bhfuil le ra´ ag go leor party of neoliberal capitalism, behind its Green daoine anseo, nı´ amha´in o´ mhuintir Shinn Fe´in Paper for a capitalist united Ireland will cop- ach o´ n Teachta os mo chomhair chomh maith. I perfasten the rejection of the Protestant popu- am delighted to see he is the last bastion of the lation. If pushed, it will not lead to a united socialist point of view in the House. Ireland but to a Balkanisation of Northern I welcome the opportunity to address the Ireland. A dangerous vacuum exists in the Prot- House this evening and to reiterate the Govern- estant population which Love Ulster and other ment’s strong commitment to the Good Friday sectarian groups are seeking to fill. Agreement as the template for a peaceful demo- 113 Irish Unification: 2 November 2005. Motion 114 cratic society in Northern Ireland and for political It is for the people of Ireland alone, by agreement on the island as a whole. agreement between the two parts respectively In 1998 the people of Ireland, North and South, and without external impediment, to exercise voted by an overwhelming majority to support their right of self-determination on the basis of the Good Friday Agreement. In the first Thirty- consent, freely and concurrently given, North two County act of self-determination since 1918, and South, to bring about a united Ireland, the Irish people gave the two Governments a accepting that this right must be achieved and strong, clear and unambiguous mandate for our exercised with and subject to the agreement ongoing work with the political parties to restore and consent of a majority of the people of partnership Government to Northern Ireland. Northern Ireland. The Government’s resolve to fulfil the people’s The Agreement also puts in place a mechanism mandate, to implement the Good Friday Agree- through which, when the time is right, support for ment in full and to restore the institutions estab- a united Ireland can be measured and through lished under the Agreement has never wavered which effect can be given to any resulting vote in and will not waver now. favour of change. Many in this House, including Devolved Government on an inclusive basis is the members of this party in Government, are clearly in the best interests of all communities in firmly committed to creating a climate in which Northern Ireland. All political parties and poli- unity can be achieved, a unity of people as much ticians want to serve their communities and as of territory. Indeed our programme for deliver for their communities. All Members of Government clearly commits us to securing “last- this House know this as fact. That is why we are ing peace in Ireland through the full implemen- here. Our democratic tradition, embodied and tation of the Good Friday Agreement”. It further practised in this chamber, is a strong one. We are states that the efforts to this end will be “without elected to exercise responsibility on behalf of the prejudice to the ultimate goal of achieving a communities we serve and we are directly united Ireland in peace and agreement”. accountable for the decisions we take. There is That aim will not be realised through the rather no substitute for democratic Government, linking simplistic formula of persuasion and preparation communities with the decision-making process proposed in the motion tabled by Sinn Fe´in this and those who represent their interests. We evening. Neither will it be realised through bring- should not lose sight of the fact that our main ing forward a Green Paper on Irish unity. These objective is the consolidation of truly democratic proposals simply ignore the urgent and primary institutions in Northern Ireland. That means the need to restore trust and confidence in the politi- full implementation of the Good Friday Agree- cal process itself and to re›establish the insti- ment. It means the restoration of partnership tutions of devolved Government in Northern government with locally elected Ministers work- Ireland. The Good Friday Agreement is the ing in partnership for the benefit of all. This is Government’s clear mandate in this regard. We the fundamental purpose of our ongoing efforts. have no other. Any other approach to the ques- tion of unity would serve as a distraction from The Government’s motion this evening under- our immediate priority of restoring the insti- lines the simple fact that to rebuild the insti- tutions and would act as a damaging and desta- tutions of Government we must first rebuild con- bilising influence on a process that can only thrive fidence and momentum in the political process. where there is trust and confidence. When political parties North and South com- I am glad to say that through the tenacity and mended the Good Friday Agreement to the perseverance of both Governments, in challeng- people of Ireland and when the Irish people over- ing circumstances, there have been significant whelmingly endorsed that Agreement they did so developments in the past few months which rep- in the firm belief that it represented the definitive resent a promising start towards the rehabili- path to peace. We will not betray the people’s tation of that trust. The date on which the IRA trust or undermine their confidence by settling leadership issued a statement formally announc- for anything less than full implementation of the ing an end to its armed campaign, 28 July, was Agreement. described by the Taoiseach as heralding a new The constitutional balance struck in the Agree- era for all the people of the island of Ireland. He ment is a careful and sensitive one. It underlines said he hoped it would mark the day when the the legitimacy of seeking a united Ireland. It also tradition of using violence to advance political recognises, however, that it is the current wish of objectives in Ireland would finally come to an a majority of people in Northern Ireland to end. The unprecedented commitment by the IRA remain part of the United Kingdom. Most to end its armed campaign, to complete the pro- importantly, it clearly and unequivocally cess of decommissioning and to use exclusively enshrines the principle of consent. Article 1 peaceful means was welcomed here in Ireland clearly states: and across the world. At that time, the Govern- 115 Irish Unification: 2 November 2005. Motion 116

[Mary Coughlan.] Government motion explicitly condemns sec- ment said we would judge that statement based tarian attacks on both communities. Political on actions. We said that independent verification leaders cannot and should not show any toler- would be vitally important to enable trust and ation of the street violence, sectarian attacks and confidence to be restored. intimidation we have seen directed towards both The confirmation on Monday, 26 September by communities in parts of Northern Ireland this the Independent International Commission on summer. Decommissioning that the IRA had put all its Over the course of the past few weeks, the weapons beyond use was acknowledged and wel- Minister for Foreign Affairs, Deputy Dermot comed in this House as a momentous develop- Ahern, has made frequent visits to Northern ment. We received a comprehensive and unam- Ireland and met with community representatives biguous statement from General de Chastelain and victims of sectarian violence. He assured and his team that “the totality of the IRA’s them of the Government’s commitment to chal- arsenal” had been decommissioned. We also had lenging sectarianism at every opportunity. Sec- a statement from two independent clergymen, tarianism eats away at the fabric of society. It who witnessed every stage of the process and con- strangles the economy and inhibits investment, firmed that they were “certain, utterly certain, saps business confidence and costs jobs. It traps about the exactitude of this report”. Many will people in a cycle of poverty and hopelessness. If still need some time to reflect on these devel- we are to see the new beginning for the people of opments. They will need assurance that the IRA Northern Ireland envisioned in the Good Friday is true to its commitment of 28 July to use exclus- Agreement, we need to tackle sectarianism, from ively peaceful means. They will want to check any quarter, once and for all. against delivery on decommissioning and on the The full rigour of the law must be used by the ending of all IRA paramilitary and criminal authorities on both sides of the Border to counter activity. We should be clear that there must be an the destructive agenda of those who engage in end to all IRA paramilitary and criminal activity. sectarianism and paramilitarism. At this juncture The seventh report of the Independent Moni- I commend the PSNI for its work in dealing with toring Commission was published on 19 October. public order incidents during the marching sea- While the IMC could only make a limited assess- son. I also call on Sinn Fe´in, in the interests of ment at that stage of the effect of the peace and political stability, to take their place in 8 o’clock IRA statement of 28 July, the the governance of policing. No police force is Government welcomed its findings perfect. that the initial signs are encouraging. We now look forward to the IMC reporting more fully in Aengus O´ Snodaigh: The police force in its next report in January 2006. We hope that the Donegal is not. report will allow us to move forward. However, it is clearly incumbent on all parties in Northern Ireland, including those represented in this Mary Coughlan: However, the PSNI has clearly House, to co-operate and engage constructively staked a claim to the trust of all communities. If with the IMC. it is held back, that is due in no small measure to Both Governments have consistently stated want of support in the communities it seeks to that there is no place for any illegally held wea- serve. It has earned that support. A vacuum in pons in the new society that is emerging in policing is in nobody’s interest. It is certainly not Northern Ireland. We need an end also to loyalist in the interest of the communities most affected paramilitary activity and a start to the decom- by the violence we have seen in recent months. missioning of loyalist arms. In that context, let me The Government is committed to a fully inclus- echo the words of the Minister for Foreign ive peace process that leaves no one behind. We Affairs, Deputy Dermot Ahern, when he wel- support efforts to reach out to all communities in comed the announcement at the weekend that Northern Ireland and we fully accept that there the LVF is to stand down. This move is an is an onus on the Governments to instill confi- important and necessary step towards decom- dence so that both communities find their politi- missioning by all loyalist paramilitary groups and cal voice. The Taoiseach has made it clear that we are hopeful that it can lead to further positive those in the loyalist community who seek genuine developments. We urge and encourage other loy- efforts at transformation will receive a genuine, alist paramilitary groups or organisations to build open and positive response. The Government is on this opportunity to bring a speedy end to all ready and willing to work with those leaders paramilitary activities. within loyalism who are seeking to address the In order for us to turn the potential of recent real needs of their communities through peace- developments into real progress for the people of ful means. Northern Ireland we will need courageous politi- We are under no illusions that notwithstanding cal leadership from both communities. The the major improvements in economic and social 117 Irish Unification: 2 November 2005. Motion 118 conditions in Northern Ireland over the past 15 determined to seize that opportunity. We have years, there are also serious issues of deprivation been lucky in our friends. From the earliest days and inequality across both communities. As we of the peace process, our efforts have been work towards the restoration of the institutions, enriched by the talent, support, patience and we are committed to engaging with the British encouragement of many in the international com- Government to ensure that disadvantage and munity, individuals and governments alike. The inequality is tackled wherever it exists and that Government’s amendment recognises in part- resources are targeted at those in greatest objec- icular the continued and valued support of the tive need. Ultimately, it is the restoration of President of the United States. President Bush devolved government that is the best way to and his envoy are unfailing in their personal com- address these issues for all sides of the com- mitment to the peace process. munity. There is simply no substitute for a locally elected executive, accountable to a locally elected Mr. J. Breen: God help us. assembly and working for the social and econ- omic development of Northern Ireland. Mary Coughlan: The United States Admini- Social and economic development North and stration and members on both sides of the aisle South is inextricably linked. It is sound policy for in Congress have been with us when we needed us to address common challenges and oppor- them, every step of the way. The Deputy should tunities on the island on a shared basis. This is know much about that in his constituency. particularly apparent to me, coming as I do from a Border constituency. Our motion is explicit in Mr. J. Breen: We will be okay if they do as commending the excellent ongoing work of our good a job as they did in Iraq. North-South bodies in this regard. A recent Government announcement is an example of the Mary Coughlan: I would like to conclude by type of North-South strategic thinking in which remembering the victims of the Troubles in we believe. The Government launched a massive Northern Ireland, those on all sides who have suf- ten year transport investment plan yesterday to fered at the hands of paramilitaries. transform our transport infrastructure. Mr. Ferris: What about the British army and Mr. Allen: Another plan. the British Government? ´ Mary Coughlan: The plan will complement the Aengus O Snodaigh: What of the UDR? extensive infrastructure investment programme in Northern Ireland and both the British and Irish Mr. Morgan: The Minister knows we know all Governments are committed to working together about that. on this investment. The people of Northern (Interruptions). Ireland will particularly benefit from the invest- ments in the inter-urban routes between Dublin Mary Coughlan: We owe it to the victims of and Belfast and Dublin and Derry. violence on both sides, to their children and their grandchildren, to persevere and press ahead to Mr. Allen: Whenever they have it. implement the Good Friday Agreement.

Mary Coughlan: Derry and the north west will Mr. Morgan: The Minister is very single also benefit from the substantial investment along minded. the Atlantic corridor. Business throughout the island will benefit from improved journey times An Leas-Cheann Comhairle: Order in the and enhanced access to key transport hubs such House. as ports and airports. Apart from the transport agenda there are Mary Coughlan: Some Deputies are not here huge challenges and opportunities to boost the as long as I am. island economy and quality of life through infra- structure improvements in areas such as energy, Mr. Morgan: Thank God. At least we have telecommunications, waste management and spa- some free thinking. The Minister is badly tial planning. This is why the Government shackled. believes in pooling thinking, planning and resources to boost the island economy. An Leas-Cheann Comhairle: Order in the We are conscious of the challenges that still House. remain to be resolved. We are also conscious of the real opportunity to fulfil the promise of the Mary Coughlan: One attribute, respect for Good Friday Agreement. The Government is others, has always been the basis of this House. 119 Irish Unification: 2 November 2005. Motion 120

Aengus O´ Snodaigh: There was not much of it Mr. Treacy: Is cu´ is a´thais dom an deis seo a when I was speaking. bheith agam pa´irt a ghlacadh sa dı´ospo´ ireacht seo faoi aontu´ na tı´re agus na daoine uilig ata´ ina Mr. Ferris: The Minister should practice it gco´ naı´ i dTuaisceart a´r dtı´re. Fa´iltı´m roimh a´r herself. gcuairteoirı´ — na hionadaithe ata´ anseo — o´ Thuaisceart an oilea´in seo. Ta´ me´ ag cuidiu´ ar son Mary Coughlan: The Deputy is the right man an Rialtais leis an leasu´ oifigiu´ il ar an ru´ n ata´ os to be criticising me. When I speak about a´r gcomhair. The Government amendment to this remembering—— Private Members’ motion is a comprehensive one that seeks to address some glaring deficiencies in Mr. Morgan: It is not the Minister personally, the motion as tabled by Sinn Fe´in. she should know that. The Good Friday Agreement offers a new beginning for all the people of Northern Ireland. (Interruptions). It is also a challenge to leaders in both communi- ties to take up the responsibility of building a new Mary Coughlan: I have spoken about an issue and shared future together. In our time, unpre- on which this House has been at one, the remem- cedented strides have been taken in breaking brance of the victims of the Troubles in what seemed to be an endless cycle of violence. Northern Ireland. However, for this cycle to be left behind forever, it will take unflagging commitment by both politi- Deputies: Hear, hear. cal and community leaders on both sides to prevent violence and foster positive relationships. Mr. Morgan: How can the Minister just name One deficiency in the motion is the absence of paramilitary violence? any reference to the sectarian attacks which in recent months have posed a very real threat to Mary Coughlan: I take umbrage that parties in the peace process. This summer, we have seen a this House would show such disregard—— worrying pattern of sectarian attacks, particularly in north Antrim and in Belfast. Petrol bombs, Mr. Morgan: The Minister should include all vandalism, arson, harassment and intimidation victims. have spread fear and reinforced segregation. These attacks have not been restricted to one side of the community. The Government has con- An Leas-Cheann Comhairle: Order, please. demned these attacks and my colleague, the Mini- ster for Foreign Affairs, has visited the communi- Mary Coughlan: ——when I speak of all ties affected and has had discussions with Members—— representatives of these communities to hear their concerns directly. Mr. Morgan: That is an improvement. Another deficiency relates to the need to avoid moves which can increase tension between the two Mary Coughlan: ——and when I speak of all main traditions on this island. We have also seen a sides who have suffered at the hands of paramilit- demonstration of the ongoing potential for viol- arism. I thought that maturity—— ence and disorder following the rerouting of the Whiterock parade last September. While the Mr. Morgan: The Minister should work away Government welcomes the fact that the majority and speak on her territory. of parades pass off peacefully, where they are con- tentious, they must be resolved through dialogue Mary Coughlan: ——might at long last be and positive engagement with the Parades Com- found on certain sides of the House. mission. The main Orange Order march in Derry on 12 July this year demonstrated what can be Mr. J. O’Keeffe: That will take some time. achieved. For the first time in 13 years, cross-com- munity agreement was sought and reached for a Mary Coughlan: The Government will not be route that included the city side of the Foyle. This found wanting. We are committed, together with shows that it is possible, through leadership and the British Government, to intensifying our dia- genuine commitment to constructive negotiation, logue with the political parties to restore momen- to end destructive patterns of confrontation and tum in the process and to build a peaceful demo- begin new traditions of mutual respect. cratic society in Northern Ireland and political By way of contrast, a single day of violence can agreement on the island as a whole. undermine months of patient work to build trust I commend the Government amendment to between communities. Such violence must be the House. condemned, not just by one voice but by all. If 121 Irish Unification: 2 November 2005. Motion 122 the people of Northern Ireland are to be free of Mary Coughlan: Deputy Morgan should be fear and the threat of violence, all those who careful. claim to lead must do all in their power to prevent sectarian violence continually and without excep- Mr. Treacy: The Government will not seek to tion. The right of everyone to be free from sec- sideline any people who raise their voice con- tarian harassment, as affirmed in the Good Friday structively and peacefully on behalf of their com- Agreement, is unconditional. munity. No one needs a gun in his or her hand to However, we must do more than condemn have his or her concerns and those of his or her those who act against this right. We must all sup- community listened to. Any leaders who stay on port those who work to make its promise a the path of confrontation and violence should reality. We must work to reduce the feelings of note it is the surest way to hold back the develop- insecurity that go with times of change. ment of the community they claim to represent. I Another deficiency relates to the lack of any therefore reiterate the call for all remaining para- clear definition or recognition of the need to military groups to engage with the Independent reach out in a practical and concrete way to all International Commission on Decommissioning communities so that none is left behind by the with a view to decommissioning their weapons current tide of opportunity. As the Taoiseach along with standing down as paramilitary organis- made clear in his speech in Bodenstown last ations. In that regard, I welcome this week’s month, the Unionist community can be sure that announcement by the LVF. this part of the island holds no constitutional Those committed to violence on either side and threat to the position of Northern Ireland within in either jurisdiction must be met with the full the United Kingdom. The Irish people have force of the law. The eradication of paramilitar- rejected violence and sectarianism and those who ism is a priority concern of the Government. It is used violence to bring about a united Ireland by an easy and contemptible thing to exert power force have stopped their war and decom- over one’s neighbours through anxiety and fear missioned the means by which they waged it. or to intimidate people from their homes. Progress from this point must be balanced or it All the decent people of Northern Ireland have been held hostage long enough by the cowardly will sow the seeds of future instability. The Good and criminal thuggery of the few on both sides. Friday Agreement is the basis for a peaceful, The Good Friday Agreement gives the frame- more prosperous and open society. As such it work that allows leaders on both sides to be cour- must be a springboard for all the people of ageous. We have already seen acts of consider- Northern Ireland and not be treated as a frame- able political bravery in the cause of peace. work for separate and competitive development However, until we see the normalisation of between communities there. society in Northern Ireland, we need political Therefore, I fully support the Taoiseach in his courage to be normal. We need condemnations pledge to meet genuine, constructive loyalist of violence to be consistent and not selective. We leadership with an open and positive response. I must be proactive in challenging all the forms that also welcome the commitment by both Govern- sectarianism takes and must be consistently sup- ments at the last British-Irish Intergovernmental portive of progressive political voices from all Conference to enhanced engagement with the sectors of society in Northern Ireland. representatives of the loyalist community. As the Taoiseach has noted, this does not Another deficiency in the Sinn Fe´in motion require anyone to give up his or her culture, concerns the lack of any call for an end to all identity or political ideals. It simply requires the paramilitary and criminal activities. This is surely peaceful expression of one’s own culture, identity central to future progress and cannot be avoided and political ideas as well as tolerance in both or evaded. word and deed for those of others. The Govern- ment believes that if this challenge is taken up, Mr. Morgan: Fianna Fa´il Ministers have a great the Good Friday Agreement can be the basis of record with criminality. a true fresh start for all the people of Northern Ireland in which no one is left behind, be they An Leas-Cheann Comhairle: Order, please. Protestant or Catholic, Nationalist or Unionist, in all parts of Northern Ireland. Mr. Treacy: The last year has seen momentous change in the political landscape of Northern Mr. O’Connor: I thank the Leas-Cheann Ireland. Some time is needed for those changes Comhairle for providing me with the opportunity to be absorbed. I reassure those who are uncer- to contribute briefly to this debate and thank the tain at this time of change that these devel- Sinn Fe´in Members for tabling the motion. I wish opments can work to the very real benefit of to be associated with the welcome extended to their communities. their colleagues in the Visitors Gallery. It is very 123 Irish Unification: 2 November 2005. Motion 124

[Mr. O’Connor.] While it is regrettable that this is not acknow- important that politicians on both sides of the ledged by some of the other amendments before Border should have an opportunity to meet one the House, I am pleased that the Government’s another to share ideas on a regular basis. amendment includes an explicit acknowledge- It is interesting to note that on a day when Sinn ment of the valuable support provided by the Fe´in talked about being ready to be in Govern- United States of America and successive ment, it has managed to divide the Opposition in American presidents. On the long and often diffi- a manner that is not always achieved by Members cult path to peace in Northern Ireland, America on this side of the House. I commend the Sinn has been with us every step of the way. The Fe´in Members in this respect. importance of bipartisan US support cannot be I will not rise to any point made except to state underestimated. Its contribution to the efforts to that I will not take lectures from Green Party secure a lasting peace and stability in Northern Members about our commitment to 1916. My Ireland has been immeasurable. We cannot over- family is no different to any other in this regard. state the political importance of this solidarity in My father’s uncle was a legendary figure named bringing us so far on the road to peace. It is crys- ´ Holy Joe O’Connor who was with Eamon de tal clear to the people of Northern Ireland that Valera in 1916. the US is committed to their future. This is a worthwhile debate and I look forward Mr. Morgan: Good man. The Deputy is one to listening to other contributions, particularly of us. tomorrow night.

Mr. O’Connor: Hence, if I wish to celebrate the Mr. Allen: I wish to share time with Deputies 1916 Rising next year, I will not be stopped by Jim O’Keeffe and Crawford. During the recent the Green Party or by anyone else. If that can be Fianna Fa´il Ard-Fheis, the Taoiseach announced done through the streets of Tallaght, all the that the traditional 1916 Easter parade would be better. reinstated. An announcement of this type should have come about following extensive consultation Mr. J. O’Keeffe: The Deputy has gone back with all political parties and not as part of a politi- to basics. cal party jamboree. However, the announcement was made without any consultation with my party CaoimhghınO´ Caola´in: I did not know how ´ or with some other parties in this House. the Deputy would manage to include Tallaght in It is very telling to note that, following this his contribution. announcement, Sinn Fe´in has tabled a motion calling for Ireland to prepare politically, economi- Mr. O’Connor: While Members may not be cally, socially and culturally for unification. It aware of this, Tallaght has a very rich republican seems to me that what we are witnessing is a type tradition and Deputy Crowe could tell many sto- ´ ´ ries in that regard. of power play between Fianna Fail and Sinn Fein where each party is more concerned with consoli- It is good to have an opportunity to express full support for the Government amendment. The dating its respective position with certain Sinn Fe´in Deputies should examine the Govern- elements of the electorate rather than concentrat- ment amendment, as it does less harm to the ing on the real work that must be done to ensure motion than what some of their close colleagues that the Good Friday Agreement is implemented are trying to do. The amendment highlights the in full and that peace and stability is fully embed- Government’s strong commitment to the Good ded in Northern Ireland. Friday Agreement, as endorsed by the people of The Sinn Fe´in motion as presented to this Ireland, North and South in the 1998 refer- House is, therefore, opportunistic and premature. endums. As we know, the historic Agreement The goal of unification is valid but failing to provides the basis for permanent peace and a last- recognise the work that must be done here and ing settlement in North Ireland. It is essential that now will do nothing to achieve it. Instead of put- we continue to work towards its full imple- ting forward motions extolling the virtues of uni- mentation. fication, Sinn Fe´in would be much better There have been some significant devel- employed working in all possible ways towards opments in the peace process in recent months meeting its responsibilities to the communities it which we should strongly welcome. As efforts by represents. Sinn Fe´in representatives should take the two Governments continue to rebuild politi- their places on the Northern Ireland Policing cal momentum and confidence in the process, I Board and at the district policing partnerships. recall the role of the international community in Policing in Northern Ireland has been revolution- supporting the Good Friday Agreement as the ised with the establishment of the Police Service basis of a lasting settlement in Northern Ireland. of Northern Ireland, PSNI. 125 Irish Unification: 2 November 2005. Motion 126

At the time of the murder of Mr. Robert party alone, as is also the case in this motion McCartney, Sinn Fe´in found it impossible for presented by Sinn Fe´in. many weeks to call for witnesses to go to the PSNI with any information they may have had Caoimhghı´nO´ Caola´in: That is not true. With regarding that dreadful crime. This failure to respect, it is factually incorrect. recognise the rule of law and order and the role of the PSNI in Northern Ireland was Mr. Allen: Fine Gael will not endorse any side unacceptable, as was the party’s entire response deals made by the Taoiseach with the leadership to the murder of that unfortunate individual. of Sinn Fe´in, whether these relate to Oireachtas Sinn Fe´in calls for the establishment of restora- speaking rights for Northern MPs or the possible tive justice schemes in Northern Ireland which it release of the killers of Detective Garda Jerry describes as a viable alternative to the PSNI. McCabe. Alternatives to the Garda Sı´ocha´na or the Fine Gael established the democratic insti- Defence Forces in this State would not be toler- tutions of this State and we will not allow them ated by Fine Gael. Similarly, members of Sinn to be undermined in any way. Sinn Fe´in’s Fe´in should no longer seek to undermine the new Deputies have speaking rights in line with their structures of the PSNI but should take their democratic mandate at the previous general places on the Northern Ireland policing board election. and work with other parties in Northern Ireland to build the best possible policing for the com- Mr. Morgan: We would not get them from munities they represent. Deputy Allen. Sinn Fe´in also has a clear obligation to co- operate fully with the Independent Monitoring Mr. Allen: The Good Friday Agreement envis- Commission, IMC. IRA decommissioning is wel- ages the future establishment of a parliamentary come but we must see an end to punishment beat- forum between the Oireachtas and the Northern ings, the exiling of individuals and criminality Ireland Assembly at which issues of mutual perpetrated under the veneer of political activity. interest could be discussed. Fine Gael supports The recently published seventh report of the IMC the establishment of such a forum as part of the noted that the Provisional IRA was responsible full implementation of the Agreement. for a number of attacks over the period under Mr. J. O’Keeffe: I speak on behalf of Fine review, including a shooting and ten assaults. In Gael, the united Ireland party. I notice this raises May, the Provisional IRA forced the removal of mirth on the part of some of the Johnny come one family from its home and attempted to do lately patriot representatives of Sinn Fe´in and the same to another last June. The IMC has fre- the IRA. quently noted that the leadership of the republi- can movement has the capacity to turn on and off Mr. Morgan: In one minute, the Deputy has the tap of violence. We want this tap to be turned transformed the Fine Gael policies of 80 years. off for good and disconnected at the mains. All Members of this House will await the next set of Mr. Ferris: The Deputy should visit Ballyseedy. findings of the IMC with considerable interest. I am not in favour of any move that could be Mr. J. O’Keeffe: Speaking on behalf of the seen to inflame tensions on any part of this island. united Ireland party—— There are two main communities in Northern Ireland and a myriad of other people who are Mr. Morgan: The Deputy is welcome aboard. uncomfortable in aligning themselves with either grouping. The role of this House is not to alienate Mr. J. O’Keeffe: ——when I speak about unit- one community over another or to move in a ing the country I do not refer to a Government direction that will clearly, overtly or deliberately in Dublin, rather a healing of the divisions antagonise or frighten others. Our role is not to between the people on this island. Now that the frustrate the peace process or progress in murderous campaigns of the IRA and other para- Northern Ireland but to support it and the best militaries have ended, we have a real opportunity way to do so is to focus all our energies towards to advance towards this objective and of which the implementation of the Good Friday we can avail in the fullness of time. What must Agreement. be clear is that the opportunity will not be In this regard, the recent proposals from the realised by those who believe unity can be Government to allow Northern Ireland’s achieved by force or sleight of hand. Neither can Members of Parliament access to the Oireachtas this unity be achieved by those blind to the reality are deeply unhelpful. These proposals will of the situation in so far as they are stubbornly damage the prospects for political progress opposed to progress that is acceptable to normal because they clearly follow the demands of one and reasonable people on this island. 127 Irish Unification: 2 November 2005. Motion 128

Aengus O´ Snodaigh: The Deputy is talking 18 of strand two of the Good Friday Agreement about himself. that the Northern Ireland Assembly and the Oireachtas should consider developing a joint Mr. J. O’Keeffe: Fine Gael has always had a parliamentary forum bringing together equal bipartisan approach to matters relating to numbers from both institutions to discuss matters Northern Ireland. Essentially, this has involved of mutual interest and concern. not making political capital out of such matters The committee also supported the establish- and, while in Opposition, broadly supporting the ment of an independent consultative forum as thrust of Government policy in dealing with the mooted in paragraph 19 of the Agreement. It issue without giving a blank cheque. Fianna Fa´il examined the issue of representation in this has mainly followed the same approach. I recol- House and the unanimous recommendation of lect the bizarre exception concerning the Anglo- the committee was that no change should be Irish Agreement of 20 years ago, which laid the made in the franchise for Da´il elections. The foundation for this country’s present progress and committee also examined the issue of speaking the Good Friday Agreement. rights, teased out all the aspects and its final view Apart from that bizarre exception, Fianna Fa´il was, “that any such participation should take has followed that bipartisan approach during its place on a cross-community basis with parity of time in Opposition. That bipartisan approach esteem for the different communities in helped to bring about results in determined oppo- Northern Ireland”. sition to terrorism and paramilitarism, in advanc- ing the peace process and eventually contributed Caoimhghı´nO´ Caola´in: We fully agree. to the development of the Good Friday Agree- ment. I commend this bipartisan approach, in Mr. J. O’Keeffe: That is why I consider it particular resisting the temptation to make politi- utterly ridiculous that the Taoiseach should write cal capital from the national issue, to others in to party leaders recommending such a course of the House, in particular Sinn Fe´in. action in the situation that exists at this stage. In I examined the Government amendment and I his letter he envisages that a committee of this state genuinely that I support and endorse every House would meet at least every six months, with phrase in it, no doubt delicately crafted by those the first meeting to be held in early 2006. Is there in Iveagh House in the Department of Foreign the slightest opportunity that we would have Affairs. It would be in the national interest to cross-party representation from Northern Ireland have a unanimous vote in support of those senti- in this House in early 2006? Is the Taoiseach liv- ments tomorrow. ing in another world or does he have another I mentioned the full support of the courts for agenda as far as Sinn Fe´in is concerned? the Good Friday Agreement and bipartisan sup- Mr. Morgan: We have enough Unionists here port for the Government’s approach to Northern at the moment. Ireland. However, let me make clear that Fine Gael does not give the Government a blank Mr. J. O’Keeffe: That is a matter for him to cheque. The leader of the Fine Gael Party, explain to this House and to the Irish people. Deputy Enda Kenny, made it clear that Fine Gael What must we do about Northern Ireland? We would not support issues outside of the Good must ensure this House unanimously supports an Friday Agreement, such as arose in the case of end to criminality in this country and on this the release of the killers of Detective Garda Jerry island. It would be helpful if that support were McCabe. Deputy Kenny stoutly stood up and there. defended the position of Detective Garda McCabe’s family and widow and members of the Caoimhghı´nO´ Caola´in: Of course the Deputy Garda Sı´ocha´na. We did not and will not support will not see an end to criminality. anything other than that. Whether or not it was a side deal to the Good Friday Agreement, it was Mr. J. O’Keeffe: This House should also unani- not part of the Agreement. mously support the police on this island—— In the same way, it is not in the Good Friday Agreement to extend either representation or Caoimhghı´nO´ Caola´in: We will not see an end speaking rights in this House to people from to criminality until the rights of all political Northern Ireland. I was Vice-Chairman of the expression, including Deputy O’Keeffe’s—— All-Party Oireachtas Committee on the Consti- tution which examined this issue two days after Mr. J. O’Keeffe: ——including the Garda the conclusion of the Good Friday Agreement. Sı´ocha´na and the PSNI. It would be helpful to the The views and decisions of that committee have development of the peace process on this island been misrepresented. The decision of that com- if that unanimous support were forthcoming. I do mittee was to endorse the proposal in paragraph not see it as yet. I would like to see that followed 129 Irish Unification: 2 November 2005. Motion 130 by the re-establishment of the institutions in Taoiseach, Mr. Liam Cosgrave and the late Mr. Northern Ireland, as those provided for by the Brian Faulkner, other so-called democrats went Good Friday Agreement are part of the peace out of their way to make it unworkable. process. I am running out of time. In the 1980s Fine Gael, led by the then Taoiseach, Mr. Garret FitzGerald, followed Caoimhghı´nO´ Caola´in: We know that. through with the Anglo-Irish Agreement. At that time, the main Opposition party went out of its Mr. Morgan: I am sure Deputy O’Keeffe is run- way to condemn that agreement, to the extent of ning out of time. sending people to the United States to undermine it. Of course, records will show that 12 months Mr. J. O’Keeffe: I am running out of time on later, while in Government, the same party fully this motion. operated the agreement which brought about a new and workable structure on this island. IFI Mr. Morgan: It is a bit late to correct that. funding came about because of that agreement and the European funding for peace that came Mr. J. O’Keeffe: The Fine Gael Party and its from the Good Friday Agreement has also been predecessor, Cumman na nGaedheal dealt with of benefit. I sought IRA decommissioning, which the issue—— recently occurred, since the Good Friday Agree- ment was signed. I wish to make it clear to the Mr. Morgan: And its predecessor the people in the Public Gallery that I did not seek it Blueshirts. for the sake of decommissioning. They are wel- come here and I would be happy to see them in Mr. J. O’Keeffe: ——long before Deputy this House rather than at the activities in which Morgan’s Johnny come lately party was founded they were previously involved. in 1969. It is equally important to finalise policing struc- tures. It is clear that many young Catholic men Aengus O´ Snodaigh: The Deputy should cop and women are prepared and eager to join the on to himself. He does not understand his own ranks of the PSNI. It is vital that personnel come history. from all areas and backgrounds because without proper policing and control of racketeering it Mr. J. O’Keeffe: I genuinely believe it would would be difficult to have constructive peace. To be in the national interest to have an all-party this end, I believe a strong policing presence bipartisan approach to the national issue. No should be along the Border, both North and party in this House should try to make political capital from the national issue and the problem South. It is unacceptable to me and most right- of Northern Ireland. Fianna Fa´il did it in the past thinking people that robbery with the use of bala- and Sinn Fe´in is doing it now. clavas, knives and iron bars should happen in broad daylight, or at any other time of day for Aengus O´ Snodaigh: The Deputy should listen that matter. to the Leas-Cheann Comhairle and conclude. I sought to recall the Da´il on 10 August, with- out apology, because I was extremely anxious Mr. J. O’Keeffe: We should have a unanimous that deals were being done that far exceeded vote in the House in favour of the Govern- what people voted on in the Good Friday Agree- ment’s amendment. ment referenda. My request is more justified now than ever, when we read correspondence sent Mr. Crawford: I welcome the opportunity to from the Taoiseach’s office and hear what has speak on this important motion asking Da´il been stated by the leadership of Sinn Fe´in regard- E´ ireann to reaffirm its support for the Good ing special rights. They claim to have agreement Friday Agreement. I recognise more than most on speaking rights in the Da´il Chamber under the the benefits that permanent peace can bring to guise of a committee. My party has worked with this Island home of ours. I am old enough to the British Irish Inter-Parliamentary Body and all clearly remember the 30 year period, from the other agreed structures. It is vital that we finalise late 1960s to the end of the last century, when the aspects of the Good Friday Agreement and more than 3,000 people died and thousands of get the Assembly up and running and ensure that others took injuries to their graves or still bear structures used are inclusive rather than perhaps the burden of injuries on both sides of the aggravating some sections of the Northern religious and political divide. Fine Gael has a Ireland community solely for the benefit of one proud record, being the first party to clearly see party rather than for the common good. that this issue could be dealt with through demo- Fine Gael has given total support to Govern- cratic political means. Unfortunately, when the ment negotiations through the normal and proper Sunningdale Agreement was signed by the then structures and will continue to do so. However, 131 Industrial 2 November 2005. Relations 132

[Mr. Crawford.] overtime working is required to maintain the there must be no side deals and no effort to jump service, yet it has increased the levels of overtime ahead until what was agreed in the Good Friday in the past two years and staff have been threat- Agreement is brought to full fruition. The full ened with disciplinary action or accused of unof- working of the Assembly and the cross-Border ficial industrial action if they refuse to perform bodies brings tremendous benefits to all the overtime. Those are low paid postal workers and people of the island. That is what we voted for in it is not fair they should be expected or allowed to the referenda and that is what was agreed in the bear the burden of serious mismanagement and Good Friday Agreement, that we would accept neglect by Government. that in the short term we would work within the I have great sympathy for the postal workers. current structure in Northern Ireland. Now some Rationalisation is the thin end of the wedge. The people wish to ignore that and jump ahead. United States has decided on a policy of keeping I will support the Government amendment its public service, yet we are running towards pri- tomorrow night. vatisation which is not in the interests of the people, particularly in rural Ireland. The public Debate adjourned. service obligation has worked well. I know of a case of a man who sends a letter Adjournment Debate. by post to his mother every day, which is deliv- ered by the postman. This ensures his mother is ———— being looked after. Such a service cannot be costed other than with reference to a social service. The country is all the richer for having Industrial Relations. postmen who know their locality and have a won- Dr. Cowley: I am grateful for the opportunity derful relationship with the people. to raise this matter on the Adjournment, namely, I hope the postal service will be retained but the situation in An Post. The sins of An Post the postal staff must be respected. I hope the against its workers are gross. The Sustaining Pro- Minister of State will have some news to give the gress agreement has not been honoured and that House tonight to show this situation is being is unforgivable. A basic cost of living increase, taken seriously before regrettable action occurs. which has been outstanding since 3 November 2003, is being denied to those workers. The Mr. Broughan: The failure of An Post manage- workers received 5% this year but that payment ment to fulfil one of the key objectives it was was not back-dated. It is unacceptable that An mandated with, to successfully manage change Post workers are still owed the remainder of that and renewal at the company in the context of money. The total amount is 12.5%. market deregulation and liberalisation, has been The Minister has treated An Post workers very a hallmark of its performance in recent years. The badly. They are public servants but they are not management style has been by diktat rather than paid like other civil servants. The company claims by facilitating a transformation in a climate of it cannot afford to pay them. It wants changes in consultation, co-operation and harmony with the the collection and delivery service before it will workforce. The results of the failure of An Post pay, which is a separate issue. The company is management are an indictment of the paucity of denying just payment to post office workers and its style of management in recent years. that is a cost of living issue. Industrial relations at the company are at an An Post staff and pensioners are owed money all time low; they are now at a poisonous level. by that semi-State company dating back to Workers’ deep concerns about the deterioration November 2003. The Communications Workers of the postal service have not been taken on Union has exhausted all the procedures outlined board by management. Management has long in Sustaining Progress but has not been able to implemented a ban on recruitment of new staff resolve the matter despite its best intentions. members, whether in a temporary or permanent Some 90% of staff have voted in favour of indus- capacity, and this has had a serious effect on the trial action, which is their democratic right and universal service obligation, as was the case in the which is provided for under Sustaining Progress. summer. Many districts around the country have As a result of this vote, An Post staff have not been receiving their due post on a daily basis, rejected the Labour Court recommendation. I rather there is a delay of ten or 15 days. An hope for successful talks because unless that hap- incredible situation has been allowed to develop. pens, there will be a strike, and nobody wants a The Minister, Deputy Noel Dempsey, may think strike, particularly the long-suffering public. that people easily agree to go out on strike but I The management of An Post is the worst ever. assure him that is not the case. Over 90% of a It launched many serious and unsubstantiated workforce voting 90% in favour of strike action allegations against the workers and argued that illustrates serious disharmony at the company. 133 Industrial 2 November 2005. Relations 134

Postal workers and their families have been in from An Post workers that the new delivery contact with my office to alert me to the dire cir- arrangements will result in a significant deterior- cumstances that often exist in families due to the ation in the service to the public. For example, no current pay and conditions at An Post, and that weekend collections would take place and none is not including what is being withheld from staff. would be scheduled after 6 p.m. Since November 2003, An Post workers and For all these reasons postal workers are, cor- pensioners have been denied the 8% cost of living rectly, concerned about the effect of current col- increase to which they were entitled under Sus- lection and delivery proposals on take home pay taining Progress partnership agreement, which all and conditions. Given that the universal postal Members of this House received. Postal service has been on the verge of collapse under employees have been extremely tolerant in the current management in what is classically a enduring this wage freeze for so long when all people business, it is clear management has sig- other groups covered by the Sustaining Progress nally failed to manage the company or the change agreement have received their increases. and transformation processes which, as we are all An Post made a \7 million profit last year on aware, are necessary in this era of deregulation the basis of a number of years of serious decline. and electronic substitution. It has built up a considerable war chest from the The Minister must give a lead and try to ensure sale of a number of overseas companies. As the the looming action, which is set to take place at Irish Congress of Trade Unions conference held midnight on Thursday, does not take place. I urge in Belfast was told, the burden of resolving the the Minister of State to indicate to the House the difficulties at An Post cannot be exclusively way forward and how the matter can be resolved. borne by An Post staff, but that seems to have been the case. The staff have been denied their Mr. Durkan: Sadly, it is almost a year since Sustaining Progress increases while at the same Deputies discussed the issue of An Post in the time the management received significant bonus House and on Molesworth Street. At that time, payments such as the \12,000 Christmas pay-out everybody agreed that the sad state of industrial last year and the \50,000 received by the part- relations was of deep concern to An Post time chairperson, Ms Margaret McGinley. workers. The increments to which my colleague, If greater efficiencies, productivity and cost- Deputy Broughan, referred were not paid on time cutting measures are being demanded of the during a period when, according to the economic workforce, why is the same not being expected of experts on the Government side, the country was management, given that it has managed the com- pany so badly? awash with money. For some unknown reason, An Post was able to plead inability to pay as a One of the most outrageous aspects of this whole saga has been that An Post pensioners result of which its workers were not paid their have been left for so long without receiving their entitlements. Worse still, An Post pensioners agreed increases. I was informed today that 78 were given a commitment in legislation passed in An Post pensioners have passed away in the 1982 that, notwithstanding the changes being interim period without ever receiving the introduced, they would continue to be treated as increases they were guaranteed under Sustaining civil servants, only to find that once the company Progress. That is an astonishing figure and it a became a commercial entity, it decided it could shocking indictment of the way industrial not afford to pay them their entitlements. relations have deteriorated at the company. The Minister’s recent intervention, when he The Minister has been extensively quoted in suggested he might bring forward competition the media during the last week and at the Fianna legislation to speed up privatisation, was not Fa´il ard fheis as rubbishing the concerns of postal helpful. He should have taken a more positive workers and implying that they are a highly paid approach and used his influence, as I hope he is and over-indulged group of employees in this now doing, to bring about a resolution of the State, but the opposite is the case. He referred to underlying issues which have caused the current a postman who is working for just three and a problems in the company. half hours a day yet being paid for seven and a Everybody wants and is entitled to a good half hours. The Minister has, as yet, been unable postal service and people should be able to expect to produce any evidence that this postman, with one day delivery in the modern world. There is, a seemingly Stakhanovite productivity rate, actu- however, no point blaming post office workers ally exists. when this expectation is not realised. Instead, we At such a critical juncture in this dispute it should ask why An Post workers are discontent. would be outrageous if it were to emerge that the Until the reasons as set out by Deputy Broughan Minister has been acting as a mouthpiece for An are addressed, the Minister has no right to accuse Post management, with not a shred of evidence workers at the company of sabotage or anything to back up his claim. We have subsequently heard else. 135 Industrial 2 November 2005. Relations 136

[Mr. Durkan.] bution by An Post was possible in the context of a The workforce of An Post, from postmen to slow moving operational environment. However, postmasters, agree that improvements and mod- the company has not been immune to the seismic ernisation are required and that the public must changes in the communications sector. The move be given a good service. The problem is that to e-mail and electronic fund transfers has impac- nothing is being done to encourage them to take ted on postal volumes and post office users. To this route and, instead, they are being threatened be relevant in the new environment, therefore, that increments will be withheld, pension entitle- the company must modernise. ments will not be paid and the company will be The basic building block for any company is privatised if they do not knuckle under. financial stability and An Post has not yet met Is the current fixation with privatisation the this basic requirement. As the Minister stated answer to everything? While it appears to resolve previously in the House, the company has suf- some problems, any consideration of the privatis- fered significant losses in recent years, starting ation of Telecom E´ ireann — the classic case of with \6.7 million in 2001, rising to \17.4 million Eircom — raises the question as to whether con- in 2002 before reaching an unsustainable level of sumers benefited. Does Eircom deliver better \42.9 million in 2003. Between 2001 and 2002, service? Are we better served now in terms of the payroll costs alone increased by \50 million. This international league on the provision of modern financial performance, if allowed to continue telephonic services? The answer to both ques- unchecked, would have bankrupted the company. tions is “No”. An Post needs to introduce modern work prac- Would it not be better to modernise An Post tices if it is to thrive in a competitive envir- and ensure the company has a future by providing onment. The company will face more rather than a space for it in the modern Ireland? Instead of less competition in coming years and it needs to depriving workers of that to which they have be geared to address this challenge. Large inter- been entitled for the past ten or 15 years, we national companies such as Royal Mail and the should recognise the company’s pensioners. As German post office are already operating in the Deputy Broughan noted, it is a sad reflection on Irish market. If An Post cannot meet consumer society that at a time when the country is alleg- needs and deliver a high quality of service, these edly awash with money, much of which has been companies will be more than happy to ramp up lost and frequently not found, we refuse to recog- their operations here to fill the gap. nise the existence of An Post pensioners, many of whom have passed on, by giving them what is Mr. Durkan: They will not ramp them up. theirs by right. I realise the sensitivity of the negotiations and Mr. Gallagher: Time is not on the side of An discussions currently taking place. As I noted, this Post and its workers. I will outline the lengthy is not a time for the Minister to use threats but background to current industrial relations at An one for compromise and negotiation. Ultimately, Post and impress upon the Deputies that the cur- however, we must recognise that if we do not util- rent circumstances have not arisen overnight. An ise the assets of the postal network, that is, its Post has been through one of the most intensive post offices, sub-post offices and the company’s industrial relations processes imaginable. The workers, in a manner which delivers an improved, process started when, following the disclosure of more extensive and efficient service, the current serious losses for 2003, the Government asked the negotiations will go nowhere. board and management of the company to pre- pare a recovery strategy to return An Post to fin- ancial solvency. The plan involved changes in Minister of State at the Department of work practices and voluntary job losses. This Communications, Marine and Natural Resources strategy, in setting the way forward for the com- (Mr. Gallagher): I apologise to Deputies pany, has assumed significant changes in work Broughan, Cowley and Durkan and other practices, tariff increases and the payment of Members present on behalf of the Minister for wage increases. Communications, Marine and Natural Resources, The plan was presented to An Post trade Deputy Noel Dempsey, who is unable to come unions in late 2003. The Communications before the House. I thank the Deputies for rais- Workers Union withdrew from negotiations in ing these important issues and giving me an December 2003. In recognition of the opportunity to respond on behalf of the Minister. 9 o’clock dire financial position facing the The Government recognises the invaluable company, An Post invoked the contribution made by An Post and its staff down inability to pay clause available under Sustaining through the years in terms of their input to the Progress. This was followed by industrial action overall business climate and the role played by in the Dublin Mail Centre in March 2004. The rural post offices and postmen in maintaining the Labour Relations Commission brokered settle- social fabric of rural society. The strong contri- ment proposals which involved negotiations on 137 Industrial 2 November 2005. Relations 138 collection and delivery and, in the event of failure The three unions then decided to pursue separ- to reach agreement in the LRC, referral to the ate claims for payment of Sustaining Progress on Labour Court. The LRC proposals stated that the behalf of their members. The Labour Court outcome of any LRC or Labour Court nego- decided yesterday that, as the members of both tiations should be put to the respective sides, the AHCPS and CPSU have agreed and including a ballot of members. implemented change agreements, they are The two parties spent from April 2004 to entitled to Sustaining Progress as set out in the November 2004 in the LRC. The proposals aris- Labour Court recommendation issued last July. ing out of the LRC were put to the Communi- The PSEU has agreed in advance to accept an cations Workers Union membership and turned imminent Labour Court decision on a prog- down by the union. The outstanding issues were ramme of change for its members. The Labour then referred to the Labour Court for resolution. Court, having examined those issues, recom- On foot of union concerns that An Post manage- mended that PSEU members receive the same ment had no real experience of the postal sector, Sustaining Progress payments as the other two the Labour Court appointed a three-person unions on acceptance of its decision by both expert group to come up with a workable pro- parties. posal on collection and delivery that would be Following acceptance by the three unions of acceptable to members of the CWU. That group the Labour Court recommendation, I understand spent six months working on a comprehensive that arrangements are being made by the com- proposal regarding collection and delivery, which pany to proceed with the outstanding payments was published in July 2005. as soon as possible. I am particularly pleased that In the early part of 2005, the An Post group the increases will also be paid to all pensioners of unions referred the non-payment of Sustaining who retired from positions represented by the Progress to the LRC, as provided for under the three unions as it is an unfortunate side effect of Sustaining Progress agreement. The LRC the dispute that payments to pensioners have also appointed assessors to examine the claim. The been affected. assessors’ report recommended that, having The recent Labour Court decision clearly regard to An Post financials, 5% should be paid shows that, where unions agree and implement to employees, backdated to 1 January this year. change agreements, outstanding payments will be That recommendation was accepted by An Post made. It is a reality that change is imperative in management and rejected by the CWU. An Post as almost 70% of costs are payroll The Labour Court issued a comprehensive related. To provide Deputies with an example, recommendation which outlined that the accept- every 1% increase in the payroll costs the com- ance of the deal on collection and delivery would pany \5 million, and the cost of Sustaining Pro- trigger payment of the bulk of Sustaining Pro- gress alone this year is estimated at \38 million. gress. The Labour Court deal would have allowed To enable the company to pay the large wage bill, a postman to obtain a 9% pay increase this year the cost-saving measures outlined in the recovery on top of a 5% Sustaining Progress pay increase strategy must be implemented. already made, giving a total increase of 14%. The Labour Court would not have tied pay- The Labour Court recommendation was con- ment of Sustaining Progress to a deal on collec- sidered by the executive of the CWU but was not tion and delivery if it had not recognised the put to a ballot of members. Instead, the union imperative to begin restructuring now. There is decided to ballot for strike action on the non-pay- no doubt that the decision by the CWU to take ment of Sustaining Progress. The membership has industrial action will have an impact on both per- voted for strike action and the union has given sonal and business customers. An Post is prepar- two weeks’ strike notice, with action possibly to ing contingency and communications plans to commence on 4 November. It is still not clear at deal with the forthcoming industrial action which this stage what type of action that will be. will address, in particular, the needs of social wel- On the other hand, a recent and very positive fare recipients and provide information to development in the payment of Sustaining Pro- customers regarding postal services. gress to An Post staff and pensioners occurred No interest is advanced by a descent into indus- yesterday when An Post accepted the Labour trial relations chaos in An Post. Unlike with the Court recommendations on the claims by the postal strike 25 years ago, alternatives to the other unions in An Post, the AHCPS, CPSU and postal service now exist. Customers who leave An PSEU, for payment of Sustaining Progress. The Post may not return, a fact which everyone rejection by the CWU in September of the should bear in mind. As the Taoiseach and the Labour Court recommendations issued to the An Minister, Deputy Dempsey, have both outlined, Post group of unions regarding the payment of the blueprint for the settlement of this dispute is Sustaining Progress effectively blocked payment the Labour Court recommendation. That is to the AHCPS, CPSU and PSEU. necessary to bring about the essential modernis- 139 Criminal 2 November 2005. Prosecutions 140

[Mr. Gallagher.] To this day, they have received no clear expla- ation of the company, which is the best way of nation why the decision was made. I raised this securing long-term sustainable jobs for An Post matter by way of a parliamentary question and workers and ensuring the continuation of a high got no explanation either. The family was eventu- quality nationwide postal delivery and post office ally advised to contact the DPP’s office. When service. The earlier that the CWU recognises they did so, their calls were not returned. Finally, that, the better for the public, social welfare an approach was made by the family to the Garda clients and its own membership. Sı´ocha´na and a letter issued from the DPP on 14 With that in mind, both parties accepted an September. The DPP’s explanation is in direct invitation to meet the national implementation conflict with the statement made to the family by body separately for talks aimed at resolving the the British police who expressed both frustration dispute and averting strike action. Those talks and puzzlement with the Irish authorities for fail- took place this afternoon and the outcome should ing to seek the extradition of the accused. be known shortly. However, it is hoped that both In January 2005, the accused began a fitness- parties availed of this opportunity to resolve their to-plead challenge, which was heard in London. difficulties and agree a road map for the imple- One family member attended court, but there was mentation of the recommendations of the Labour no Garda or legal presence representing the Irish Court. It is important that all players realise that State at that hearing. The DPP stated in his letter globalisation, liberalisation and developments in that he was satisfied with the efficient way in technology are changing the way that people which the murder case had been handled by the communicate. All national postal operators, Crown Prosecution Service and so did the Mini- ster for Justice, Equality and Law Reform, including An Post, must change very rapidly to Deputy McDowell. However, how do they know stay competitive and commercial in the European to make that judgment when they received no postal market. legal advice? The DPP and the Minister would no In light of the recent announcement by the doubt claim that the verdict proves that they were CWU that it had rejected the Labour Court right, but that is disingenuous. If the next time a recommendation on collection and delivery and family is put in this position and the verdict goes that it had balloted its members on taking indus- against them, what will the Minister and DPP trial action which may lead to a serious disruption say? to postal services, the Minister announced that he The trial began on 8 August 2005 and the was considering all options open to him, up to family travelled to London at its own expense and and including early liberalisation of the sector, to without support. It sought to have a legal rep- limit the disruption caused to the sector and the resentative of the Irish State present in the court, economy at large as a result of any prolonged but that was denied. It sought assistance for help period of industrial action. with the costs. That too was denied, in stark con- The unresolved difficulties in An Post cannot trast to the decision by the Irish Government to remain unresolved into the future. The momen- send a legal representative to the inquest into the tum for liberalisation already exists and if An deaths of three Irish people in Gibraltar and to Post does not start to restructure, it will not be in have diplomatic representation at the trial of the a position to meet the competitive challenges of Columbia Three, together with the loan of money a fully liberalised postal market. For that reason, for bail. In the case of the Eager family, however, I urge all parties to reconsider the terms of the no support was provided. Any diplomatic pres- Labour Court settlement as time is not on the ence in the court was a result of my independent side of An Post. representations. With the exception of help given by the Garda, it is shameful that members of an Criminal Prosecutions. Irish family forced to depend on British justice found themselves effectively abandoned by their Ms McManus: On 22 May 2003, a young own State. woman, Georgina Eager, was brutally murdered After intense lobbying we were informed that in Dublin. Her family was devastated by the loss funds were available through the Criminal Injur- of a lovely and gentle daughter and sister. Their ies Compensation Tribunal Board. The circum- anguish was compounded by an ordeal resulting stance of the trial, however, had no bearing on from a decision by the Irish authorities to let the eligibility for this funding. Anyway the funds case be heard in a British court. For the first time, have run out so it will be next year before the a person accused of such a crime committed in family has a chance of getting anything. Ireland did not have his extradition sought by the It is bad enough for a family to have to travel Irish Director of Public Prosecutions to stand trial abroad for a trial of this nature without consular here. It was an unprecedented and, for the family, or legal assistance from the State, but what marks inexplicable decision. this case was that the Irish authorities had an 141 Criminal 2 November 2005. Prosecutions 142 option to hear the case in Ireland and chose not family on the opening day of the trial on 8 August to. The family have three different accounts 2005, who assured them that she would be avail- about why that choice was made, one from the able to provide consular assistance throughout Minister for Justice, Equality and Law Reform, their stay in London. She ensured that they had one from the DPP and one from the British her direct contact details and suggested that they police. Is it not time that they were told the truth? could contact her at any time. This officer attended the trial for the opening Mr. Gallagher: I thank Deputy McManus for and closing weeks and approximately twice a raising this important issue and apologise for the week in the intervening period. She provided absence of the Minister for Justice, Equality and information and advice to family members on a Law Reform. I express my deepest sympathy to number of issues of concern to them, including the family and friends of the late Georgina Eager compensation available towards the financial on her tragic and untimely death. The facts that costs of attending the trial in London. This was I have to outline, in answer to the assertions provided on advice from the Minister’s Depart- made by Deputy McManus, concerning the assist- ment. She also liaised with the UK witness service ance provided by a number of State agencies are victims support unit on their behalf to ensure that not meant to detract in any way from the loss transport to and from the family’s hotel would be suffered by them. Nothing could compensate for provided throughout the trial. She arranged for that. the typing of printed statements for the family, Deputy McManus will be aware that the Mini- including the victim impact statement which was ster for Justice, Equality and Law Reform does presented to the judge before sentencing. not have a role in providing assistance to the Furthermore, the Minister for Justice, Equality family of a victim of a crime in attending a trial and Law Reform indicated that the financial bur- abroad. There are, however, other supports avail- den suffered by the Eager family in attending the able which were availed of by the family of trial could be alleviated through the criminal Georgina Eager during the trial of Christopher injuries compensation scheme. This scheme, to Newman. which the family can apply, is administered by an Christopher Newman was arrested in London independent tribunal. Its purpose is to compen- having fled Ireland following the murder of sate victims for expenses and losses borne as a Georgina Eager. The Minister for Justice, result of personal injuries inflicted in a crime. The Equality and Law Reform had no function or role tribunal is entirely responsible for deciding in the decision to charge him here with her mur- whether compensation is payable in any part- der. The role of the Minister and his Department, icular case but if an applicant is unhappy with the in so far as they had any role, was confined to initial decision of a single tribunal member, the the provision of mutual legal assistance to the UK case can then be appealed to a three-member authorities. In this case a request for assistance oral hearing. was made by the British authorities. This request, Under the scheme, the family of a person who which was complied with, consisted of interviews has died as a result of a criminal injury is entitled with certain witnesses, including the victim’s to apply for actual loss of earnings or expenses father, as well as the provision of other evidence. that have arisen due to the person’s death as well Without the provision of this assistance it is as for funeral expenses. Although the scheme doubtful that Christopher Newman would have does not cover compensation for pain and suffer- been found guilty of the murder of Georgina ing, a payment can be made in respect of mental Eager. distress for the immediate family members, as Significant assistance was provided to the defined in the Civil Liability Acts. The total family by the Garda before and during the trial. amount available under this heading is just over From an early stage a Garda liaison officer was \25,000. appointed and he was in regular contact with I understand that, with Deputy McManus’s members of the family. The liaison garda also met assistance, the Eager family has applied to the tri- the family each day during the trial. This was in bunal for compensation. As is normal practice, addition to the assistance provided by the Garda the secretariat is currently endeavouring to with the arrangements for the attendance of wit- assemble sufficient information so as to enable nesses at the trial, including family members who the tribunal make a properly informed determi- gave evidence. nation on the case. For that reason, the sec- The Irish Embassy in London provided all pos- retariat is following up a number of queries with sible consular assistance to the Eager family the family, again via Deputy McManus. Of members during the time they spent in London necessity a certain amount of detail will be attending the trial. The Irish Ambassador, who required to support the claim but the docu- met them during their stay in London, assigned a mentation sought is not particularly onerous or diplomatic officer to members of the Eager unusual. Expenditure incurred can generally be 143 The 2 November 2005. Adjournment 144

[Mr. Gallagher.] referred to a tribunal member for a decision. vouched using receipts or credit card accounts, Depending on the complexity of the case and the for example, while loss of earnings are normally other claims on hand, the processing time may certified by an employer. Details of expenses met take a number of months but I am sure that the from any other sources, such as the UK auth- tribunal will deal with the claim as quickly as pos- orities in this instance, will also be followed up by sible in the circumstances. the secretariat. I hope that what I have said will serve to put The tribunal secretariat will offer any assist- the record straight on the support provided to the ance to the family or the Deputy in clarifying the family by the various State agencies. requirements so as to enable the claim to be advanced as soon as possible. As soon as the The Da´il adjourned at 9.20 p.m. until 10.30 a.m. necessary detail is assembled, the case will be on Thursday, 3 November 2005. 145 Questions— 2 November 2005. Written Answers 146

Written Answers. Question No. 111 answered with Question No. 109. ———— County Enterprise Boards. The following are questions tabled by Members for written response and the ministerial replies 112. Mr. Naughten asked the Minister for received from the Departments. [unrevised]. Enterprise, Trade and Employment if additional funding will be provided to efficient county Questions Nos. 1 to 10, inclusive, answered enterprise boards; and if he will make a statement orally. on the matter. [31342/05]

Questions Nos. 11 to 99, inclusive, resubmitted. Minister for Enterprise, Trade and Employ- ment (Mr. Martin): In determining the allocations Questions Nos. 100 to 109, inclusive, answered for individual city and county enterprise boards, orally. CEBs, in 2005, my Department adopted a system- atic approach to ensure the maximum degree of Community Employment Schemes. objectivity and equity of treatment. This approach involved the provision of funding calcu- 110. Cecilia Keaveney asked the Minister for lated on the basis of a standard allocation to each Enterprise, Trade and Employment if he will con- board as well as an additional allocation that was sider altering the current community employment determined mainly by population but which also scheme or social economy programme to provide took account of issues such as unemployment, opportunities for communities to employ youth capacity to spend, existing commitments and officers to co-ordinate events in local areas for regional spread. young persons in view of the rise in anti-social My Department is presently engaged in reallo- behaviour and the significant investment that is cating additional funding to individual boards occurring in capital rather than social infrastruc- that have identified a capacity to utilise such ture; and if he will make a statement on the additional funds in the current year in accordance matter. [30551/05] with normal practice. This additional funding has been made available from boards that have indi- Minister for Enterprise, Trade and Employ- cated that they are not in a position to spend their ment (Mr. Martin): The main purpose of the com- full original 2005 allocation. munity employment programme operated by ´ In addition, my Department, in conjunction FAS is to provide work experience and training with the CEBs, monitors on an ongoing basis the for the long term unemployed and disadvantaged level of service provided by the boards to their groups and thereby enable participants to client base. There is both a formal procedures advance successfully to employment in the open manual and operating agreement in place labour market. ´ between the Department and the boards which Following a review of FAS employment aim to provide a standardised delivery of services schemes — community employment, job initiat- by CEBs across the country. ive and social economy programmes — on 10 November 2004 I announced that the three year cap for participants on community employment EU Funding. was raised to six years for those over 55 to ensure 113. Mr. Sargent asked the Minister for the maintenance of essential community services, Enterprise, Trade and Employment the measures particularly in rural areas where it had been he has taken to meet the \15 million reduction found that difficulties existed in finding replace- from the European Social Fund; and the steps he ment participants. I have no plans to make any has taken to redress the departmental irregularit- further changes of this type to the community ies that led to the decrease. [31597/05] employment scheme. A review of the social economy programme, Minister for Enterprise, Trade and Employ- SEP, highlighted the valuable role it plays in the ment (Mr. Martin): As a consequence of a Com- delivery of community services throughout the mission audit decision in the year 2000, \15.6 mil- country. In light of this, discussions are taking lion of European Social Fund moneys were place between my Department and the Depart- withheld from Ireland. The sum involved rep- ment of Community, Rural and Gaeltacht Affairs resents less than 1% of the amount allocated to about the transfer to that Department. the three operational programmes for the period There is nothing to prevent projects of the type 1994-99. The Commission decision was contested to which the Deputy refers being funded under by my Department and this resulted in a hearing the community employment or social economy before the European Court of Justice this year. programme. I would point out, however, that to On 15 September 2005 the European Court of be eligible for funding under the SEP, enterprises Justice agreed with the European Commission’s are required to be established as legal entities. 147 Questions— 2 November 2005. Written Answers 148

[Mr. Martin.] Minister of State at the Department of opinion that Ireland had over-claimed the contri- Enterprise, Trade and Employment (Mr. bution due from the ESF. This was due to a tech- Killeen): I propose to take Questions Nos. 114, nical issue in the manner in which Ireland 120, 162 and 169 together. presented ESF claims. I would first like to extend my sympathy to the It should be noted that the Commission accepts families of those involved and affected by the that all expenditure incurred under the prog- workplace fatalities so far this year. The Govern- rammes in question was eligible and that no alle- ment’s commitment to ensuring high standards of gation of fraud was made. safety, health and welfare in Irish workplaces is Of the \15.6 million withheld after the Com- illustrated in the Safety, Health and Welfare at mission decision in 2000, \7.2 million was with- Work Act 2005, which came into force on 1 held from the funding allocated to my Depart- September last. The Act updates, repeals and ment and the following Departments — replaces the Safety, Health and Welfare at Work Education and Science, Health and Children, Act 1989 and provides a modern legal framework Community, Rural and Gaeltacht Affairs and to guarantee best international practice in regard Justice, Equality and Law Reform. The remain- to safety, health and welfare in Irish workplaces. ing \8.4 million of funding was paid from The Act aims at striking an appropriate Exchequer resources to what was then the balance between imposing duties, encouraging National Training Development Institute, which better consultation at workplace level on occu- was a non-governmental organisation. The action pational safety and health matters, providing for required to be taken in respect of these funds is an improved focus on better prevention systems currently under consideration, in consultation and practices and the possible application of with the relevant Departments. increased fines and penalties, where warranted. Irregularities of the type that have caused this Overall trends in absences from work due to clawback are very unlikely to recur in relation to workplace accidents are best described by refer- the current operational programmes period ence to the data from the occupational injury because of the additional management and finan- benefit claims published by Department of Social cial controls implemented within the funding cas- and Family Affairs. Although the statistics show cade structure as a result of the expertise gained an increase in the number of claims in recent from the previous period of funding, 1994-99. years, this has to be read in the context of the expansion of activities and the number in employ- Health and Safety Regulations. ment over the period. The number of occu- pational injury benefit claims per 100,000 114. Mr. Cuffe asked the Minister for employees has shown a steady decline in Ireland. Enterprise, Trade and Employment the measures In fact, these rates have declined from one in 885 he intends to take in response to the 27% in 2000 to one in 638 in 2004, as the following increase in workplace fatalities in 2005, the dis- tables show. proportionate representation of non-nationals The number of fatalities at work has also therein; and if he will make a statement on the declined from a total of 70 in 2000 to 49 last year. matter. [31591/05] Nonetheless, the rate of deaths and injuries in Irish workplaces is unacceptable. 120. Mr. Rabbitte asked the Minister for I am very concerned at the total of 61 work- Enterprise, Trade and Employment the measures place deaths that have occurred so far this year. he intends to take to reduce the high and rising The Health and Safety Authority has also incidence of workplace fatalities; and if he will expressed concern over the number of workplace make a statement on the matter. [31623/05] deaths, particularly non-nationals. Provisional fig- ures indicate that ten non-nationals have died this 162. Mr. Bruton asked the Minister for year in work-related accidents. The Health and Enterprise, Trade and Employment the action he Safety Authority has called on all employers to intends to take on foot of the rise in workplace ensure that they are adequately communicating fatalities; and if he will make a statement on the the risks and providing appropriate safety train- matter. [31628/05] ing for all employees, including those who are non-English speaking. 169. Mr. O’Shea asked the Minister for Of the ten fatalities involving non-nationals at Enterprise, Trade and Employment the number the workplace this year, four have occurred in of deaths and injuries reported arising from construction, three in manufacturing, one in agri- industrial accidents in each year from 2000 to culture and two in the wholesale and retail trade. 2004 and to date in 2005; the further steps he The Health and Safety Authority has been work- intends to take to reduce the level of such acci- ing on a programme of information resources dents; and if he will make a statement on the aimed at non-English speakers and specific pro- matter. [31610/05] visions relating to such workers are now included 149 Questions— 2 November 2005. Written Answers 150 in the Safety, Health and Welfare at Work Act Security Association, ISSA, during the recent 2005. World Congress on Safety. In 2004, the authority, in conjunction with Bord That authority has also recognised the new Glas, recognised the multicultural nature of the challenges that the growth of non-English speak- horticultural workforce, with the launch of the ing people within the workforce brings. Earlier essential health and safety guide for horticulture, this year the authority launched a new initiative, which aims to promote health and safety aware- entitled the safe system of work plan, which is ness and accident prevention in this sector. As a aimed at reducing injuries and deaths on con- labour intensive industry, horticulture is an estab- struction sites. This initiative relies heavily on pic- lished employer of migrant workers and 30% of tograms to explain and clarify hazards and con- these originate from the recent accession states to trols, thereby creating a wordless document the EU. The guide is available in four different where safety can be communicated to all workers foreign languages, that is, Latvian, Lithuanian, regardless of literacy or language skills. The plan Polish and Russian. aims to focus on those who are most at risk and There are huge responsibilities on all parties in empowering them to ensure that all necessary the workplace and the issue of safety can only be safety controls are in place prior to the com- corrected by dedicated efforts by all those mencement of work. involved in day to day operations. Health and Safety Authority evidence is that In addition, the authority has work currently up to one half of the small employers in this coun- under way to produce the safe system of work try do little or certainly not enough to ensure a plan in a number of different languages. The plan safe workplace and that the most common causes has been translated into Turkish and Polish and of accidents are slips, trips and falls at work and shortly a seven-language training DVD will be bad lifting habits resulting in injury. available. I would also like to say that the auth- I appeal to all parties to do more work to pro- ority’s safe system of work plan, SSWP, for con- mote awareness of the need for a safe work envir- struction was recently awarded the innovation onment which has benefits for workers, prize for good prevention practices in the con- employers and society generally and which will struction industry by the International Social engender a safety culture.

Occupational Injury Benefit Claims (OIB) for years 2000 to 2005

Number of OIB claims accepted Number of Employees Rate per 100,000 employees

2000 11,995 1,355,600 885 2001 12,050 1,406,400 857 2002 12,280 1,440,000 852 2003 11,096 1,502,800 738 2004 11,705 1,835,900 638 2005 Figures unavailable as yet

the consumer proofing of all relevant Govern- Workplace Fatalities 2000 to 2005 ment decisions, which the group indicated was specifically the responsibility of his Department; Year Number of Fatalities and if he will make a statement on the matter. [31584/05] 2000 70 2001 64 146. Ms Burton asked the Minister for 2002 61 Enterprise, Trade and Employment if, arising 2003 67 from the report of the Consumer Strategy Group, 2004 49 it is intended to implement the recommendation 2005 61 to introduce standardised statutory codes of prac- (to 26 October) tice across all public sector bodies, which the group indicated was the responsibility of his National Consumer Strategy. Department; and if he will make a statement on the matter. [31585/05] 115. Mr. Broughan asked the Minister for Enterprise, Trade and Employment if, arising 174. Mr. Broughan asked the Minister for from the report of the Consumer Strategy Group, Enterprise, Trade and Employment if, arising it is intended to implement the recommendation from the report of the Consumer Strategy Group, that consumer considerations should be incorpor- it is intended to implement the recommendation ated into all regulatory analysis procedures and 151 Questions— 2 November 2005. Written Answers 152

[Mr. Broughan.] group saw no reason to change the statutory to expand social partnership to include consumer definition of redundancy. representatives on both the Government and vol- As my Department has not received any com- untary sides, which the group indicated was the munication from Irish Ferries regarding the pro- responsibility of his Department. [31583/05] posed redundancies, which were announced to the media on 19 September 2005, it is not in a Minister for Enterprise, Trade and Employ- position to give a definitive opinion on whether ment (Mr. Martin): I propose to take Questions or not redundancies at this company, should they Nos. 115, 146 and 174 together. occur, fall within the provisions of the Redun- The Consumer Strategy Group was established dancy Payments Acts 1967 to 2003. Based on in March 2004 to advise and make recommend- media reportage of the proposed redundancies I ations on the development of a national con- sought and obtained preliminary advice from the sumer strategy. The group’s final report, Make Attorney General’s office which is to the effect Consumers Count, was published in May this that redundancies as proposed by the company year. The report contains over 30 separate recom- may not fall within the definition of the legis- mendations, including the recommendations lation. However, clarity can only be established if mentioned in the Deputies’ questions, covering a and when the company makes a formal appli- variety of different Departments and agencies cation to the Department for a statutory redun- whose activities directly impact upon the interests dancy rebate. The company and the unions are of consumers. currently involved with the State’s industrial The scope and breadth of the group’s recom- relations machinery in attempts to seek a solution mendations required a co-ordinated response. to the issues involved. For that reason a high level interdepartmental committee was established to examine the CSG’s Employment Support Services. recommendations and to report back to Govern- ment with a detailed implementation plan. 117. Mr. Boyle asked the Minister for It is expected that the committee’s report in Enterprise, Trade and Employment his views on relation to the implementation of the CSG’s the failure of the employment services policy unit recommendations, including the recommend- to address the problem of long-term unemploy- ations referred to in the Deputy’s question, will ment over the past number of years, which is at be submitted to Government shortly. The imple- the same level now as it was in 2000, and rep- mentation of all the CSG’s recommendations will resents over one third of the overall unemploy- then be considered by Government in the light of ment rate. [31589/05] the high level committee’s report. Minister for Enterprise, Trade and Employ- ment (Mr. Martin): Since 1997 over 450,000 new Industrial Relations. jobs have been created. There has also been a 116. Mr. Gormley asked the Minister for significant fall in unemployment from 10.4% to Enterprise, Trade and Employment if, in view of 4.2% at present. the ongoing Irish Ferries dispute, the practice of Long-term unemployment fell from 5.5% in disemploying existing workers to replace them 1997 to 1.6% in 2000 and this very low level has with lower paid, agency-employed workers quali- been maintained; it is now at 1.4%. This long- fies the workers for statutory redundancy pay- term unemployment rate compares very favour- ments. [31595/05] ably with the EU average of 4% and ranks fourth lowest among the 25 EU member states. Minister of State at the Department of However, we are not complacent about this level Enterprise, Trade and Employment (Mr. of long-term unemployment and in order to Killeen): Statutory redundancy payments are the reduce it a range of new initiatives have been responsibility of the employer in the first introduced. instance, and should be paid in accordance with In addition to the FA´ S and local employment the relevant legislation. services and the community employment, social The Redundancy Payments Act 1967, as economy and job initiative programmes, the most amended by the 1971 Act, contains the definition significant measure has been the national of redundancy in section 7(2). This definition has employment action plan referral process. This withstood the test of time. The redundancy pay- involves early intervention by FA´ S with unem- ments scheme was examined by the redundancy ployed people. It seeks to help the unemployed review group in 2002. The review group consisted to reintegrate into the labour market as quickly of representatives of the social partners and as possible by providing them with the necessary Government Departments. The review group skills and supports to improve their agreed several changes to the redundancy pay- employability. ments scheme which were implemented in the Under this process, since 2003 anyone who has Redundancy Payments Act 2003. However, the been on the live register for six months, and all 153 Questions— 2 November 2005. Written Answers 154 persons were not previously referred and who signatories to the agreement. To assist them in were more than six months on the live register, this task they established the Construction Indus- were referred to FA´ S for interview. The majority try Monitoring Agency, known as CIMA, for that of such referrals were long-term unemployed. purpose. CIMA is independent of the Depart- Since June 2003, approximately 27,000 long term ment of Enterprise, Trade and Employment. In unemployed clients were referred to FA´ S. Since processing a case of non-compliance CIMA ulti- the introduction of the NEAP in September 1998, mately refers matters to the Labour Court, which a total of 247,000 clients have been referred to will hold a hearing and, if satisfied as to non-com- FA´ S for assistance. An external evaluation of the pliance, issues an order against the employer con- NEAP preventive strategy, which is due to be cerned. The court may ask the labour inspector- released shortly, concludes “that the NEAP pro- ate for assistance in checking records. cess has been a success”. There are also provisions in legislation Other innovative responses developed by my whereby a trade union, an association of Department and FA´ S to assist unemployed per- employers or an individual employer may com- sons have included: the Pathways programme, plain to the Labour Court that a particular which identifies the most appropriate develop- employer is not complying with a registered ment pathway to assist clients to obtain employ- employment agreement. If, after investigating a ment; the high supports process, which assists complaint, the court is satisfied that the employer clients on a multi-agency basis to address per- is in breach it may by order direct compliance sonal barriers to employment; and the customised with the agreement. Failure to comply with such training fund to flexibly meet training needs of an order is an offence punishable by a fine. the unemployed. We are therefore continuing to Compliance with CFOPS has been an issue of engage with those in long-term unemployment concern for some while and it prompted the Pen- through a wide range of labour market measures sions Board to engage Mercer Consultants to and activities to help them return to the labour carry out a review. Mercer’s report was recently market. published and it sets out a range of proposals that focus on a range of issues including compliance. Pension Provisions. The proposals in the Mercer report are being con- sidered by the parties to the registered employ- 118. Mr. Sherlock asked the Minister for ment agreement. Enterprise, Trade and Employment if he is satis- fied with the level of compliance by employers in Those recommendations of the Mercer report relation to payment of contributions to the CIF that may impinge on the activities of the labour sick pay and pensions fund on behalf of construc- inspectorate will be considered by the Depart- tion workers; his views on whether independent ment, together with the social partners, in the monitoring of employer compliance may be context of ongoing work concerning the mandate necessary; his proposals regarding same; and if he and resourcing of the labour inspectorate. will make a statement on the matter. [31617/05] Departmental Inquiries. Minister of State at the Department of 119. Mr. O’Shea asked the Minister for Enterprise, Trade and Employment (Mr. Killeen): A registered employment agreement Enterprise, Trade and Employment the costs provides for the establishment of the construction incurred by the State, at the latest date for which federation operatives pension scheme, generally figures are available, arising from the various referred to as CFOPS. inquiries instigated by or on behalf of his Depart- A registered employment agreement is an ment; the element of these costs which have been agreement that is negotiated between two parties, recovered from any of the other parties involved; for example, a body representative of employers and if he will make a statement on the matter. and a similar group representative of employees, [31609/05] who are all engaged in the same sector of activity in the economy. The agreement, once finalised 149. Ms B. Moynihan-Cronin asked the Mini- between the contracting parties, is then registered ster for Enterprise, Trade and Employment the with the Labour Court. Having completed that position regarding each of the inquiries being car- process the terms of the agreement are binding ried out by or on behalf of his Department; the nationally for all employers and all workers projected date for the conclusion of each such covered by the categories of work included in investigation; the inquiries in respect of which the agreement. reports have been referred to the DPP; and if he A board of trustees comprising an independent will make a statement on the matter. [31608/05] chair together with five members, each nomi- nated by the CIF and the union side respectively, Minister for Enterprise, Trade and Employ- administers CFOPS. Broadly speaking, monitor- ment (Mr. Martin): I propose to take Questions ing of compliance with the CFOPS is a matter for Nos. 119 and 149 together. 155 Questions— 2 November 2005. Written Answers 156

[Mr. Martin.] for the purpose of the performance by those auth- Sixteen investigations into company law orities of their statutory functions. This process is matters were initiated by my predecessor in the currently in progress and I hope that it will be period since 1997. In three cases, the High Court completed shortly. My objective in giving this appointed, on an application by the Minister, direction is to achieve the earliest possible pursuit inspectors under section 8 of the Companies Act by the appropriate authorities of any matter 1990. The inspectors appointed to Ansbacher which may require action by them. (Cayman) Limited presented their report to the The costs incurred since 1997 on company High Court on 10 June 2002. The report was sub- investigations initiated by or on behalf of my sequently published and referred to the DPP. Department currently amount to approximately The inspectors appointed to National Irish \10.9 million. This amount does not include the Bank Limited and National Irish Bank Financial salary costs of civil service staff working on a Services Limited presented their report to the number of these investigations or the legal costs High Court on 12 July 2004. The report was sub- which are primarily being borne by the Vote of sequently published. The court ordered that a the Chief State Solicitor. Of the \10.9 million copy of the report be referred to several relevant expended, \1.6 million relates to section 19 inves- authorities, including the DPP. Earlier this year, tigations by authorised officers and the remaining the Director of Corporate Enforcement initiated \9.3 million was incurred by High Court inspec- proceedings in the High Court under section tors appointed under section 8 — \5.8 million in 160(2) of the Companies Act 1990, as amended, the case of National Irish Bank Limited-National seeking the disqualification of nine persons Irish Bank Financial Services Limited and \3.5 against whom adverse comment was made by the million in the case of Ansbacher (Cayman) inspectors. I welcomed the director’s action in Limited. this case. I note that last week the High Court The question of recovering costs from the granted a disqualification order against one of the section 8 investigations does not arise until such nine persons. The proceedings against the other time as the inspectors complete their investi- eight remain before the court. gations. In the case of the Ansbacher inquiry, the One investigation under section 14 of the Com- High Court proceedings taken by the State to panies Act 1990 was completed in 1998. The recover the costs of the inquiry were settled out report on this was referred to the DPP. One of court for the sum of \1.25 million in favour of investigation was undertaken under section 59 of the Insurance Act 1989. The report on this was the State. referred to the DPP as well as to the inspectors In the case of National Irish Bank Limited- who undertook the section 8 investigation into National Irish Bank Financial Services Limited, that company. the court ordered that National Irish Bank pay Eleven investigations were initiated by the the full costs of the investigation. I understand Minister under section 19 of the Companies Act that the Department of Justice, Equality and Law 1990. Six of these have been concluded. Of the Reform, which had borne the costs of the investi- six investigations completed, two of the reports gation, has received payment of those costs from were referred to the DPP. A number of summary National Irish Bank. prosecutions have since been successfully con- Section 19 as originally enacted did not provide cluded in one case. One report provided an input for the recoupment of costs. This has now into the successful application to the High Court changed with the enactment of the Company Law for the appointment of inspectors under section 8 Enforcement Act 2001. while the fourth report was passed to the relevant High Court inspectors. One report was completed Question No. 120 answered with Question in September 2002 and a further report was com- No. 114. pleted in March 2003. Both reports have been referred to the Director of Corporate Regulatory Amalgamation. Enforcement. Two of the eleven section 19 investigations 121. Mr. Kenny asked the Minister for were held up in legal appeals. These inquiries are Enterprise, Trade and Employment his views on now the responsibility of the Director of Corpor- the need for a new regulatory framework here ate Enforcement. with the creation of a single regulator under the In relation to the three remaining section 19 auspices of his Department; and if he will make investigations, the current position is that follow- a statement on the matter. [31630/05] ing the completion of the review to which I referred in response to a previous question on 31 Minister for Enterprise, Trade and Employ- May 2005, I directed the authorised officer to ment (Mr. Martin): The Enterprise Strategy place at the disposal of relevant public auth- Group recommended that the existing regulators orities, including tribunals, whatever information for networked sectors, for example, electricity, arising from his investigative work was required gas, telecommunications and broadcasting, 157 Questions— 2 November 2005. Written Answers 158 should be replaced by a new regulatory body One of the recommendations of the review covering all networked sectors. group was that an office of public safety regu- The Government considered this recommend- lation should be considered, which would not ation and decided not to implement it. In looking itself be responsible for public safety issues but at international experience the Government would have some form of overseeing role of all remains to be convinced that regulatory amalga- the agencies and bodies involved. The review mation on the scale proposed would be an group also proposed that the functioning, appro- efficient model. Indeed, there is a danger that a priateness and continuing need for such an office single regulator could give rise to slower decision should be reviewed within a five-year period. making and less focus on smaller sectors com- The group was not in full agreement on its pro- pared with more dominant ones. Any further posal due to issues relating to duplication of exist- action in this area is a matter for my colleague, ing services and additional cost. Some members the Minister for Communications, Marine and of the group expressed reservations about the Natural Resources whose remit covers these net- need for such an office and the extra burden on worked sectors. State finances. In my view, this in itself questions the need for such an office of public safety regu- lation in the first instance and the establishment Public Safety Regulation. of yet another State agency, whose function is 122. Mr. Gregory asked the Minister for merely to oversee public safety matters, is not the Enterprise, Trade and Employment the reason right way forward. the Government has not acted on the main The review group’s recommendation was quite recommendation of the report, A Review of clearly inconclusive and a clear-cut case has not Public Safety in Ireland, which was commissioned been made for the establishment of a new agency. by the Ta´naiste and published in 2000, namely, Another State agency, whose function is merely the establishment of a statutory body, called the to oversee other agencies on public safety office of public safety regulation; his views on matters, is not the right way forward. As outlined whether such an overall statutory authority, previously, it is not intended to act on the recom- which would monitor and assess the lack, appro- mendation. priateness and adequacy of regulations, Acts and guidelines to protect the public, is long overdue Small Business Forum. in view of the failure of any public authority to take responsibility for public safety, with resulting 123. Mr. Kehoe asked the Minister for human consequences in the meantime; and if he Enterprise, Trade and Employment the number will make a statement on the matter. [31574/05] of meetings held by the Small Business Forum; when it is likely to report; and if he will make a statement on the matter. [31636/05] 351. Dr. Cowley asked the Minister for Enterprise, Trade and Employment the reason Minister for Enterprise, Trade and Employ- the Government has not acted on the main ment (Mr. Martin): The Small Business Forum, recommendation of the report, A Review of which I have set up to consider the current envir- Public Safety in Ireland, which was commissioned onment for conducting small business in Ireland, by the Ta´naiste and published in 2000, namely the has held two plenary sessions to date. In addition, establishment of a statutory body called the office the forum has held a number of thematic work- of public safety regulation; her views on whether shops covering various areas of interest identified such an overall statutory authority, which would by the initial plenary meetings. I should also men- monitor and assess the lack, appropriateness and tion that the forum has been very proactive in adequacy of regulations, Acts and guidelines to seeking to obtain the views of the small business protect the public is long overdue, in view of the community. The forum published a public invi- failure of any public authority to take responsi- tation for submissions and has received some 60 bility for public safety, with resulting human con- submissions from interested parties to date. Fur- sequences in the meantime; and if he will make a thermore, the forum has held a number of meet- statement on the matter. [31720/05] ings with small businesses around the country recently to discuss their concerns and to identify Minister of State at the Department of any suggestions they might have for improve- Enterprise, Trade and Employment (Mr. ments in the environment for small business. Killeen): I propose to take Questions Nos. 122 Some 80 businesses have been involved in these and 351 together. meetings. I have asked the forum to report back The Review Group on Public Safety was estab- to me, with its findings, by 31 March 2006. lished in November 1999. The group comprised representatives from Departments, various agen- Insurance Industry. cies and bodies. Its report entitled A Review of Public Safety in Ireland was published in 2000. 124. Mr. Durkan asked the Minister for 159 Questions— 2 November 2005. Written Answers 160

[Mr. Durkan.] Deputy that on the occasion of the publication of Enterprise, Trade and Employment the way in the final report of the Consumer Strategy Group which insurance costs here compare with in May of this year, I clearly stated that notwith- insurance costs in other European and European standing my desire to have the national consumer Union member states; and if he will make a state- agency up and running on a statutory basis as ment on the matter. [31542/05] soon as possible, the preparation of the legis- lation to establish the new agency would take Minister for Enterprise, Trade and Employ- some time. ment (Mr. Martin): The National Competi- Given the importance of the national consumer tiveness Council, NCC, in its annual competi- agency to the development of future consumer tiveness report 2005, found that of the 16 protection policy, I am anxious that the legis- countries benchmarked, Irish expenditure on lation is framed so as to ensure that the NCA non-life insurance was the fourth highest. has sufficient powers and functions to enable it to However, the NCC also found that the rate of carry out the role of being a forceful advocate on growth in the cost of insurance has slowed down behalf of the consumer as recommended by the substantially in recent years. This can be attri- Consumer Strategy Group. buted to the series of initiatives the Government In addition to setting up the NCA, the new has pushed through to reform the insurance sec- legislation will take the opportunity to update the tor. The action taken by Government to ensure existing code of consumer protection law, some healthy competition in the insurance sector had of which is over 100 years old, something which already seen benefits for consumers. was also recommended by the Consumer Strategy Sub-indices calculated from the all items con- Group. Furthermore, it is intended that the legis- sumer price index at mid-September 2005 show lation will also transpose the recently promul- that since the insurance reform programme began gated European directive on unfair business to in October 2002, there has been a reduction of consumer commercial practices, which is one of 23.5% in car insurance. My Department has no the most significant directives in the area of con- data in relation to public liability insurance. sumer protection, into national law. Given the The Personal Injuries Assessment Board, scope of the legislation it will be appreciated, PIAB, which was one of the key initiatives of the therefore, that its preparation will of necessity Government’s insurance reform programme, take some time. It is my expectation, however, published it first annual report on 13 September that the legislation will be published in the latter 2005. This shows that PIAB assessments to date half of next year. have been delivered approximately three times faster and at a delivery charge four times cheaper I would point out to the Deputy that it was for than under the litigation system. As well as being the very reason that the establishment of the a major benefit to victims of accidents this is a NCA would take time that I appointed a board significant reduction in the cost to insurance com- to the new agency to act in an interim capacity panies for the delivery of compensation and until the NCA is established on a statutory foot- hence facilitates reductions in liability premia. ing. This appointment will ensure that in the Supervision of insurance undertakings is the interregnum until the NCA is formally estab- responsibility of the financial regulator, formerly lished, the momentum built up by the Consumer known as the Irish Financial Services Regulatory Strategy Group’s report will be maintained and Authority. The financial regulator has a wide that the consumer’s case will be continue to be regulatory remit covering consumer protection forcefully advocated. and prudential supervision of practically all of the financial services industry, including insurance, Labour Inspectorate. and the services provided by it. The financial regulator comes under the aegis of my colleague 126. Mr. Crowe asked the Minister for the Minister for Finance. Enterprise, Trade and Employment the number of times vessels or other workplaces belonging to Irish Ferries have been inspected by the labour Proposed Legislation. inspectorate. [31448/05] 125. Mr. Eamon Ryan asked the Minister for Enterprise, Trade and Employment if, in view of Minister of State at the Department of recent revelations of rip-off Ireland, he will offer Enterprise, Trade and Employment (Mr. an explanation for the ongoing delay in the intro- Killeen): The labour inspectorate of my Depart- duction of the consumer agency Bill; if he will ment carried out two inspections of the records provide a timeline for the new legislation. of Irish Ferries. The first inspection was carried [31588/05] out in 2000. This was a routine inspection which was carried out during the course of a major cam- Minister for Enterprise, Trade and Employ- paign to ensure compliance with the then recently ment (Mr. Martin): I would point out to the enacted National Minimum Wage Act. 161 Questions— 2 November 2005. Written Answers 162

The second inspection of the company’s work; the current ratio between the number of records was carried out in April this year, follow- labour inspectors and the total numbers in the ing media reports regarding rates of pay of workforce; and if he will make a statement on the employees of the company. matter. [31606/05] The labour inspectorate does not carry out inspections onboard shipping vessels. Surveyors 164. Caoimhghı´nO´ Caola´in asked the Minister from the Department of Communications, for Enterprise, Trade and Employment his views Marine and Natural Resources may inspect ships on whether the labour inspectorate has the docked at Irish ports to ensure that foreign regis- number of inspectors necessary to carry out their tered vessels are maintained and operated in duties in respect of the increased workforce and compliance with international safety standards to inspect the treatment of the growing number and to ensure that the living and working stan- of migrant workers here. [31454/05] dards are in compliance with the relevant standards. Minister of State at the Department of Enterprise, Trade and Employment (Mr. 127. Ms Lynch asked the Minister for Killeen): I propose to take Questions Nos. 127, Enterprise, Trade and Employment the number 131, 153, 161 and 164 together. of inspections carried out by the labour inspector- In January 2005 the complement of labour ate of his Department to ensure payment of the inspectors was 17 officers. When all currently national minimum wage in 2004 and to date in sanctioned posts are filled there will be 31 officers 2005; if his attention has been drawn to concerns assigned to labour inspector posts. expressed by labour inspectors that they do not A selection interview process was undertaken have adequate resources to police the national following the announcement of additional labour minimum wage; if his attention has been drawn inspectorate posts earlier this year. Arising from to calls by trade unions for additional resources that process four officers were appointed. A to enable the labour inspectorate to deal with second round of interviews to identify suitable exploitation of non-national workers, particularly personnel to fill the remaining vacancies has now in the construction industry; the steps he is taking been completed. The interviewing process com- to address this situation; and if he will make a menced at the earliest opportunity following the statement on the matter. [31604/05] summer annual leave cycle and was completed during the past month and a panel of officers has 131. Ms Shortall asked the Minister for been established. It is intended that these assign- Enterprise, Trade and Employment his views on ments will be completed during November this whether the current complement of labour year. inspectors will be sufficient to ensure compliance The Government is aware of the concern being with the legal duty on employers prescribed in expressed by public representatives, trade unions the new Safety Health and Welfare at Work Act representing employees and others close to the 2005, in addition to the range of duties already issues with regard to the abuse of vulnerable undertaken by the labour inspectorate; and if he workers by a small minority of unscrupulous will make a statement on the matter. [31620/05] employers. To enhance the efforts of the labour inspectorate in discharging its remit to enforce 153. Mr. Stagg asked the Minister for employment legislation, increases in staffing lev- Enterprise, Trade and Employment if his atten- els this year mean that, when all posts are filled, tion has been drawn to the fact that trade union the complement of inspectors will have almost officials representing workers in the construction doubled. industry are of the view that there is presently The strengthened inspectorate will be concen- no effective deterrent to the exploitation of non- trating on those sectors of the economy where nationals in relation to rates of pay and con- workers tend to be more vulnerable to suffering ditions of employment; if his attention has further the effects of non-compliance with employment been drawn to reports that the exploitation of for- legislation. It is these sectors also that appear to eign construction workers here is rampant; the have high concentrations of non-national way in which he proposes to deal with this spec- workers. ific issue in terms of effective deterrents; and if he In addition to the labour inspectorate, it should will make a statement on the matter. [31621/05] be noted that there is a wide corpus of employ- ment rights legislation administered by various 161. Ms McManus asked the Minister for State organisations and services. These include Enterprise, Trade and Employment if, in regard the Employment Appeals Tribunal, the redun- to his announcement of the recruitment of an dancy and insolvency sections of this Depart- additional 11 labour inspectors, the number that ment, the rights commissioner services provided have been appointed to date in 2005; when he by the Labour Relations Commission and the expects the full number to be appointed; if they services provided by the Labour Court. The will be concentrated on any particular area of labour inspectorate is itself a unit within the 163 Questions— 2 November 2005. Written Answers 164

[Mr. Killeen.] I am confident the authority can achieve the employment rights compliance section, which objectives which are set out in its work prog- also includes the employment rights information ramme for 2005. unit and a further separate unit that administers the referral of cases for prosecution and legal Economic Competitiveness. enforcement of orders. Between them, these var- ious services have a complement of staff in excess 128. Mr. Allen asked the Minister for of 140 people. Enterprise, Trade and Employment the recom- Work has also been progressing with regard to mendations contained in the Enterprise Strategy the discussion document prepared in connection Group’s Ahead of the Curve report; and if he will with the mandate and resourcing of the labour make a statement on the matter. [31639/05] inspectorate. The social partners, together with representatives from the Department of the Minister for Enterprise, Trade and Employ- Taoiseach and the Department of Finance, are ment (Mr. Martin): Earlier this year the Govern- members of the Employment Rights Compliance ment considered and endorsed the report of the Group, ERCG, that is considering the discussion high level committee that was asked to look at document. Among the issues being examined is the most appropriate implementation arrange- the simplification and streamlining of employ- ments for the Enterprise Strategy Group’s, ESG, ment rights compliance monitoring and the recommendations. The Government is broadly redress system. Those recommendations of the supportive of the policy directions recommended Mercer report that impinge on the activities of by the ESG as underlined by its intention to the labour inspectorate will be considered by the implement, either in full or with some modifi- ERCG. cations, most of the its recommendations. The In 2004, labour inspectors of my Department Governments response to the ESG report can be undertook 462 inspections under the National found on my Department’s website. Minimum Wage Act 2000. So far this year the The most important overall theme to emerge inspectorate has undertaken 384 inspections from the ESG’s analysis and policy recommend- under the legislation. Inspectors operate on the ations is that we are broadly on the right track basis of achieving compliance. Where an inspec- as regards the right mix and focus of enterprise tion occurs leading to a detection of infringe- support policies. These will also improve the com- ments the employer is required to rectify the petitiveness of the economy and sustain growth. infringements detected. Failure to do so to the The central theme of the ESG recommend- satisfaction of the labour inspectorate within a ations concerns a strategic evolution to a more specified period results in the initiation of legal competitive, innovative and knowledge centred proceedings. economy. To help create quality and sustainable In many sectors, including the construction employment we have to make sure Ireland con- industry, the pay and conditions of employment tinues to be an attractive place in which to invest are governed by employment regulation orders and from which to undertake increasingly profit- and registered employment agreements. The able business. The ESG’s report makes a valuable orders and agreements regulate statutory mini- contribution to embedding strategies appropriate mum rates of pay and conditions of employment to the new realities and challenges facing the Irish for workers employed in the various sectors economy. The ESG policy prescriptions are where these apply. Ensuring compliance with the particularly relevant to my Department and the minimum pay amounts, terms and conditions enterprise support agencies that report to me. forms a major element of the work of the As part of the ESG implementation process inspectorate. some significant progress has been made in mak- The Safety, Health and Welfare at Work Act ing important strategic changes to enterprise sup- 2005 is separate legislation dealing with occu- port policies and how they will deliver real and pational safety, health and welfare. The labour tangible benefits to SMEs. Already I have agreed inspectorate has no role in relation to this Act. a fundamental reorganisation of Enterprise The Health and Safety Authority is the State Ireland that will change its operational engage- body charged with overall responsibility for the ment with indigenous firms. administration, enforcement and promotion of Many ESG’s recommendations involve new workplace safety and health and therefore for the programmes that are either being designed for implementation of this legislation. pilot testing or have been launched. Others will The authority has 100 staff specifically involved follow over the coming months so that each in inspection, investigation and enforcement of recommendation is carefully implemented to health and safety legislation and it has an achieve measurable targets with a defined target ambitious work programme for 2005, which group. For example, I recently launched the One includes an increase in the level of inspections to Step Up programme that is an initial response to be undertaken and the related enforcement. In the ESG proposals about a continuous upgrading the context of the overall allocation of resources of our labour force skills. 165 Questions— 2 November 2005. Written Answers 166

I recently announced the business representa- My Department is currently preparing a report tives of the Enterprise Advisory Group. That to Government outlining progress to date in group will advise me on progress in implementing relation to the implementation of the council’s the Enterprise Strategy Group’s recommend- most recent recommendations. It is intended that ations. The advisory group will also involve the this report will be presented to Government for Secretaries General from a number of Depart- its consideration before the end of the year. ments and I will listen carefully to the group in preparing a periodic report to Government on Legislative Programme. the pace and progress in implementing the ESG recommendations. In addition to setting up the 130. Ms O’Sullivan asked the Minister for NCA, the new legislation will take the oppor- Enterprise, Trade and Employment the progress tunity to update the existing code of consumer made regarding the Government’s proposals to protection law, some of which is over 100 years provide legal protection on a sectoral basis for old, something which was also recommended by whistleblowers who may wish to expose illegalit- the Consumer Strategy Group. Furthermore, it is ies or wrongdoing on the part of their employers; intended that the legislation will also transpose and if he will make a statement on the matter. the recently promulgated European directive on [31612/05] unfair business to consumer commercial prac- tices, which is one of the most significant Minister of State at the Department of directives in the area of consumer protection, into Enterprise, Trade and Employment (Mr. national law. Given the scope of the legislation it Killeen): The Whistleblowers Protection Bill 1999 will be appreciated, therefore, that its preparation is still retained on the Government legislative will of necessity take some time. It is my expec- programme. However, as previously stated on a tation, however, that the legislation will be pub- number of occasions in the House, it is now con- lished in the latter half of next year. sidered, on reflection, that the provision of statu- I would point out to the Deputy that it was for tory protection for whistleblowers on a sectoral the very reason that the establishment of the basis might provide a better and more focused NCA would take time that I appointed a board approach to dealing with this issue. Recent legis- to the new agency to act in an interim capacity lative initiatives in this regard are: section 27 of until the NCA is established on a statutory foot- the Safety, Health and Welfare at Work Act 2005, ing. This appointment will ensure that in the which came into effect from 1 September 2005 and provides for protection against dismissal and interregnum until the NCA is formally estab- penalisation of employees who, in good faith, lished, the momentum built up by the Consumer take steps to protect themselves or others in a Strategy Group’s report will be maintained and workplace situation; and section 124 of the Garda that the consumer’s case will be continue to be Sı´ocha´na Bill 2004. This section of the Bill pro- forcefully advocated. vides for regulations relating to the reporting of corruption and malpractice in the Garda 129. Mr. Hayes asked the Minister for Sı´ocha´na. Enterprise, Trade and Employment the progress of implementation of the National Competi- Question No. 131 answered with Question tiveness Council’s various recommendations; and No. 127. if he will make a statement on the matter. [31640/05] Employment Rights. Minister for Enterprise, Trade and Employ- 132. Aengus O´ Snodaigh asked the Minister for ment (Mr. Martin): The recommendations and Enterprise, Trade and Employment if he will policy options highlighted by the NCC each year amend the Industrial Relations Act 1990, in inform Government policy across a range of areas relation to the definition of “employee” in order and have been implemented by a number of to rectify this situation. [31455/05] Departments. For example, in line with previous NCC recommendations the Government has 148. Caoimhghı´nO´ Caola´in asked the Minister introduced two consecutive non-inflationary for Enterprise, Trade and Employment his views budgets, a 20% research and development tax on whether freelance workers including actors, credit and has extended the business expansion musicians, film crews and freelance journalists and seed capital schemes until the end of 2006. should be entitled to be collectively rep- The Government has also established a system of resented. [31449/05] competitive funding for research developed under the programme for research in third level 159. Mr. Crowe asked the Minister for institutions, PRTLI, and has put in place pro- Enterprise, Trade and Employment if his atten- cedures for the roll-out of national broadband tion has been drawn to the fact that competition infrastructure. law is being mischievously used to attack the 167 Questions— 2 November 2005. Written Answers 168

[Mr. Crowe.] ting a negotiating licence, could circumvent the rights of certain workers, especially actors, protections afforded to consumers by the musicians, film crews and freelance journalists, to Oireachtas in the Competition Act. Accordingly, be collectively represented; and his views on I have no plans to amend current legislation in whether, when this legislation was discussed in relation to this matter. Da´il E´ ireann, it was stated by the Government that the laws being introduced could not be used Question No. 133 answered with Question against freelance workers in this way. [31447/05] No. 107.

163. Mr. Morgan asked the Minister for Job Creation. Enterprise, Trade and Employment the actions he will take to address the fact that competition 134. Mr. J. O’Keeffe asked the Minister for law is being mischievously used to attack the Enterprise, Trade and Employment the action he rights of certain workers, especially actors, intends to take to bring employment to Youghal musicians, film crews and freelance journalists, to following job losses there; and if he will make a be collectively represented. [31445/05] statement on the matter. [31637/05]

Minister for Enterprise, Trade and Employ- Minister for Enterprise, Trade and Employ- ment (Mr. Martin): I propose to take Questions ment (Mr. Martin): I am concerned about the Nos. 132, 148, 159 and 163 together. recent job losses in the Youghal area, particularly I take it that these questions relate to a view the loss of 38 jobs in Seafield Technical Textiles expressed by the Competition Authority in a Limited that has ceased operations due to recent investigation into alleged price fixing adverse trading conditions. However, I am also involving the Equity trade union and the Institute aware that the relevant development agencies in of Advertising Practitioners in Ireland. my Department, namely, IDA Ireland, The aim of the Competition Act is to prohibit Enterprise Ireland, FA´ S and the county anti-competitive practices by “undertakings” such enterprise board, are responding to such job as price fixing and-or the abuse of a dominant losses in the area in a co-ordinated way in order position. The Act applies to all sectors of the to attract new investment, grow existing business economy in the State. and employment and provide training and assist- An “undertaking” is defined as “a person being ance to those seeking employment. While I may an individual, a body corporate or an unincorpor- give general policy directives to the agencies I am ated body of persons engaged for gain in the pro- precluded under the Industrial Developments duction, supply, or distribution of goods or the Acts from giving directives regarding individual provision of a service”. This definition has been undertakings or from giving preference to one in use in Irish competition law for some time and area over others. is supported by EU case law. IDA Ireland has assured me it is actively mar- I understand that the view expressed by the keting and promoting Youghal for new overseas authority in its investigation was in respect of that investment and every effort is being made to particular case only and the parties to that investi- secure further advanced knowledge-based indus- gation do not appear to have taken issue with the try for the east Cork area. Over recent years, in authority’s view as they entered into under- terms of new foreign investment in east Cork, takings with the authority in settlement of the pharmaceuticals, medical technologies and inter- case, thereby avoiding the necessity of going to nationally traded services are among the area’s court. It is only the courts that can interpret the strongest performers. Direct employment in IDA law. supported companies in Cork city and county has The authority’s decision, which describes how grown from 10,345 in 1993 to 18,500 in 2004. it came to its view in the matter, is published on Enterprise Ireland is working closely with com- its website, tca.ie. It states, however, that while it munity groups in the towns of east Cork, includ- is perfectly legal for a trade union to represent ing Youghal and Midleton, to foster further employees in collective bargaining with their embryonic enterprise and to encourage young employers, its trade union mantle cannot exempt graduates to set up businesses in their own localit- its conduct when it acts as a trade association for ies. The agency supported the setting up of the self-employed contractors. Knockgriffin Community Enterprise Centre in In considering the question of whether a legis- Midleton which is currently full and supports 24 lative exemption should be provided for actors, full-time jobs in six companies as well as approv- musicians and freelance journalists, therefore, we ing feasibility study funding to explore the possi- need to bear in mind that a similar argument bility of a centre in Youghal under its CEC 2002 could be made for almost any group of self- programme. employed contractors such as barristers, farmers, FA´ S is running a number of training initiatives publicans, doctors, pharmacists etc, who, by com- in Youghal at present. The programmes on offer ing together, adding union to their name and get- are Pathways to Employment, which commenced 169 Questions— 2 November 2005. Written Answers 170 on 24 October, and Return to Work and Care of The National and Economic Social Forum, the Elderly, Midleton. In March of this year, FA´ S NESF, on which FA´ S and DETE are rep- commenced a free daily bus service from Youghal resented, has completed a final report, Creating to the FA´ S training centre in Bishopstown, Cork. a More Inclusive Labour Market, which will be The full range of FA´ S services are also available presented to Government. Its conclusions and to all companies in the Youghal area. The South recommendations should make a significant con- Cork County Enterprise Board is also available tribution towards influencing and informing to develop indigenous enterprise potential and to future policy in this area. stimulate economic activity throughout the area. In relation to redundancies, FA´ S has a policy Under the Government’s decentralisation of early intervention whereby they offer a range programme 200 jobs will be relocated to Youghal. of customised services to companies which are It is intended that the Civil Service Commission facing closure or to employees who have been will relocate 100 jobs and the Valuation Office notified of impending redundancy. Responses will relocate 100 jobs to the town. range from the establishment and co-ordination I am confident that the strategies and policies of multi-agency teams to specifically address the being pursued by the development agencies, needs of the employees affected and the pro- together with the ongoing commitment of vision on site of the full range of FA´ S employ- Government to regional development, will bear ment services. FA´ S makes contact with the com- fruit in terms of additional sustainable investment panies concerned as soon as they are notified of and jobs for the people of the east Cork, includ- proposed redundancies. This pro-active approach ing Youghal. has been very successful to date. As part of the new FA´ S strategy, a review of the FA´ S response to company closures is currently under way. The Employment Support Services. outcome of this review will inform future devel- 135. Mr. Quinn asked the Minister for opments in this area. Enterprise, Trade and Employment the measures he intends to take to create a more inclusive Employment Rights. labour market with particular reference to areas of disadvantage where unemployment levels are 136. Ms O’Sullivan asked the Minister for up to three times the national average; if he has Enterprise, Trade and Employment if his atten- specific proposals for upskilling and training tion has been drawn to the recent findings of an where redundancies and vulnerability of jobs in EU survey published by the European Found- the manufacturing sector have decimated ation for the Improvement of Living and Work- employment levels in certain areas; and if he will ing Conditions which found that Irish workers make a statement on the matter. [31614/05] had among the lowest number of days of annual leave and public holidays; his plans to provide for Minister for Enterprise, Trade and Employ- additional holiday entitlements or to create an ment (Mr. Martin): In pursuit of the objectives of additional public holiday; if these issues are likely the national spatial strategy, the efforts of IDA to be addressed in any discussions on a new Ireland, Enterprise Ireland and the city-county national agreement; and if he will make a state- enterprise boards are directed towards the pro- ment on the matter. [31611/05] motion of employment and investment in all areas of the country. Minister of State at the Department of As regards helping those who are unemployed Enterprise, Trade and Employment (Mr. to enter the labour market, under the national Killeen): The Organisation of Working Time Act employment action plan, FA´ S engages intensively 1997, which implemented EU Council Directive those who have been unemployed for six months. 93/104/EC of 23 November 1993 concerning cer- They are referred automatically by the Depart- tain aspects of the organisation of working time, ment of Social and Family Affairs to FA´ S for provides for an annual leave entitlement of four advice and assistance. working weeks for full-time employees and pro- Particular emphasis is placed on the identifi- rata entitlements for part-time employees. The cation of training needs and on the provision of Act also provides for an entitlement to nine tailored responses. There is also a customised public holidays per annum. training fund to enable unemployed persons Notwithstanding these provisions, it is possible access training that is not readily available for employers and employees to negotiate a through FA´ S or other State providers. longer annual leave entitlement between them- The local employment service, LES, which is selves if they so wish. The average public holiday funded by the Department of Enterprise, Trade entitlement in the EU at present is approximately and Employment through FA´ S, also provides an 11 days per annum. intensive guidance and placement service to per- I have no proposals at the moment to increase sons who are most distant from the labour either annual leave or public holiday entitle- market. ments. However, should these issues arise in the 171 Questions— 2 November 2005. Written Answers 172

[Mr. Killeen.] potential of EEA nationals to fill our skills defi- context of discussions on a new social partnership cits; and third, with a new green card and revised agreement, they will be considered at that stage. work permit system, to meet those skill needs which cannot otherwise be addressed. Ministerial Appointments. I announced my proposals for employment permits policy on 12 October 2005. The new 137. Mr. Sargent asked the Minister for employment permits system will have three pil- Enterprise, Trade and Employment the criteria lars: pillar one is the establishment for the first by which a person (details supplied) was appointed to the board of the new National Con- time in Ireland of a green card for occupations sumer Agency; and if he will make a statement where there are skills shortages, which will be for on the matter. [31545/05] a restricted list of occupations in the annual salary range from \30,000 to \60,000 and for a more Minister for Enterprise, Trade and Employ- extensive list of occupations in the annual salary ment (Mr. Martin): The person concerned was range above \60,000; pillar two is a re-established appointed to the interim board of the National intra-company transfer scheme for temporary Consumer Agency on the basis of considerable trans-national management transfers, and pillar experience both in the public sector in terms of three is a work permit scheme for a very restric- work experience and in the private sector in ted list of occupations up to \30,000. These new terms of establishing and operating a business. I arrangements will be implemented next year. am satisfied that the person is well qualified for The Employment Permits Bill 2005, which is the task and will make an important contribution currently being considered by the Da´il, will put to the work of the interim board. in place a statutory framework to allow the imple- mentation of an active, managed economic Community Employment Schemes. migration policy. These proposals are fair and reasonable and will support our economic 138. Mr. Boyle asked the Minister for development into the future. Enterprise, Trade and Employment if women who are claiming deserted wife’s benefit are dis- qualified from participating in a community Employment Rights. employment scheme; and if he will make a state- 140. Mr. Sherlock asked the Minister for ment on the matter. [30971/05] Enterprise, Trade and Employment if his atten- Minister for Enterprise, Trade and Employ- tion has been drawn to the fact that abuses in the ment (Mr. Martin): The main purpose of the com- construction industry have been referred to in a munity employment programme administered by recent report by the Comptroller and Auditor FA´ S is to provide work experience and training General and in remarks by the Pensions Ombuds- for the long-term unemployed and disadvantaged man; his proposals to deal with these concerns; groups and thereby enable participants to and if he will make a statement on the matter. advance successfully to employment in the open [31618/05] labour market. I am informed by FA´ S that with effect from 5 143. Mr. Rabbitte asked the Minister for October 2000 persons aged 25 or over and in Enterprise, Trade and Employment the pro- receipt of deserted wife’s benefit for 12 months portion of the 230,000 strong construction indus- or more are eligible to participate in community try workforce which is covered under the CIF employment. There are currently 234 participants pensions registered agreement; if he intends to in this category on community employment. take measures to ensure that employers fulfil their legal obligation to register and make pen- Employment Permits. sion contributions for all employees; and if he will make a statement on the matter. [31624/05] 139. Ms O. Mitchell asked the Minister for Enterprise, Trade and Employment his views on the possibility of a two-tier system of immi- 171. Mr. S. Ryan asked the Minister for gration, with wealthier employment visa holders Enterprise, Trade and Employment if his atten- awarded greater rights than poorer employment tion has been drawn to reports that some permit holders; and if he will make a statement employers in the construction industry are with- on the matter. [31629/05] holding employees’ subscriptions to the CIF sick pay and pensions fund; if his attention has further Minister for Enterprise, Trade and Employ- been drawn to the fact that such practices jeop- ment (Mr. Martin): Economic migration policy is ardise the entitlements of construction workers; formulated within a context where the focus on the steps he proposes to take to remedy this meeting our skills needs is: first, on upskilling our situation; and if he will make a statement on the resident workforce; second, on maximising the matter. [31626/05] 173 Questions— 2 November 2005. Written Answers 174

Minister of State at the Department of employer is not complying with a registered Enterprise, Trade and Employment (Mr. employment agreement. If, after investigating a Killeen): I propose take Questions Nos. 140, 143 complaint, the court is satisfied that the employer and 171 together. is in breach it may by order direct compliance The construction federation operatives pension with the agreement. Failure to comply with such scheme, generally referred to as CFOPS, has an order is an offence punishable by a fine. been established on foot of a registered employ- ment agreement for the construction industry. A Economic Competitiveness. separate registered employment agreement in the construction sector provides for the establishment 141. Mr. Durkan asked the Minister for of statutory rates of pay and related working con- Enterprise, Trade and Employment his plans to ditions of employment. The terms of both agree- counteract job leakage to lower wage economies; ments apply to a range of categories of workers and if he will make a statement on the matter. in the industry. [31543/05] Compliance with CFOPS has been an issue of concern for some while and it prompted the Pen- Minister for Enterprise, Trade and Employ- sions Board to engage Mercer Consultants to ment (Mr. Martin): Ireland no longer operates as carry out a review. The terms of reference for the a low cost location for investment; our strengths consultants were formulated by a steering com- and competitive advantages have inexorably mittee that included representatives of the social changed. High output and productivity together partners. with high returns to labour in the form of wages, The report was recently published and it sets salaries and better living standards now typify out a range of recommendations that focus on the Ireland’s economy. The low technology pro- issues highlighted above. The recommendations duction that characterised our economic output have policy and operational implications for var- in the past is being replaced by higher technology ious Departments that are being examined at and services enterprises. A more attractive cost present. environment abroad will inevitably entice some In the meantime work has also been pro- firms that are unable to generate their required gressing with regard to the discussion document return from the modern enterprise economy into prepared in connection with the mandate and which we are transforming ourselves. A continu- resourcing the labour inspectorate. The social ing structural evolution of our economy is both partners, together with representatives from the unavoidable and necessary to maintain present Department of the Taoiseach and the Depart- levels of growth and low unemployment. Part of ment of Finance, are members of the Employ- this evolution entails some inevitable plant ment Rights Compliance Group, ERCG, that is transfers and other adjustments, but where relo- considering the discussion document. Among the cation has occurred to date, it has largely been issues being examined is the simplification and limited to relatively low-technology, labour- streamlining of employment rights compliance intensive activities. monitoring and the redress system. Those recom- We have become a more sophisticated and mendations of the Mercer report that impinge on developed economy where the application of the activities of the labour inspectorate will be technology and intellectual endeavour is becom- considered by the ERCG. ing more important than simple cost competi- A board of trustees comprising an independent tiveness as the foundation for growth and pros- chair together with five members, each nomi- perity. We now have one of the most open nated by the CIF and the union side respectively, economies in the world where trends in world administers CFOPS. Broadly speaking, responsi- trade, global business investment and consumer bility for compliance with the registered employ- decisions directly influence the pattern of econ- ment agreement rests with the signatories to the omic growth, company development and job agreement and to assist them in this task they prospects in Ireland more so than probably in established the Construction Industry Monitoring other developed economies. Pro-enterprise poli- Agency, known as CIMA, to monitor compliance cies have helped propel economic growth and on their behalf. In processing a case of non-com- employment expansion and these have encour- pliance CIMA ultimately refers matters to the aged deeper and stronger links to both the enlarg- Labour Court which will hold a hearing and, if ing EU markets and internationally. The satisfied as to non-compliance, issues an order consequent ability of entrepreneurs to operate against the employer concerned. The court may more profitably in and from Ireland has seen both ask the labour inspectorate for assistance in Irish enterprise and Irish society grow checking records. prosperous. There are also provisions in legislation To circumvent the competitive threat from whereby a trade union, an association of lower cost competitor economies, our policy is to employers or an individual employer may com- encourage a move to higher levels of competi- plain to the Labour Court that a particular tiveness and value added products and services. 175 Questions— 2 November 2005. Written Answers 176

[Mr. Martin.] Employment Rights. Our focus is on the creation of sustainable 144. Mr. Stagg asked the Minister for employment. Such employment will be driven by Enterprise, Trade and Employment if his atten- companies with higher profitability that are more tion has been drawn to reports that some non- technologically advanced and prove a better fit national workers were paid less than Irish with the competitive characteristics of our econ- workers on at least two projects being funded by omy and that are consequently less likely to move the Government; that underpaid workers were on the basis of simple cost influences. We are afraid to query lower pay rates for fear of losing continuing to develop those infrastructures, both their jobs; and if he will make a statement on the physical and intellectual, to create and maintain matter. [31622/05 an attractive environment for investment and expansion in Ireland. Such investment will be Minister of State at the Department of sourced by a combination of developing existing Enterprise, Trade and Employment (Mr. clients and new investors in existing or new activi- Killeen): In the absence of specific information in ties or sectors. Given the critical mass of FDI in respect of the employments concerned I am not Ireland and its linkages with indigenous compan- in a position to comment on the detail. However, ies, one of the greatest potential contributions if it is the case that non-national workers were will come from developing companies already paid less than Irish workers for comparable work operating here. The enterprise development and there are no other relevant differentiating agencies are continuing to encourage companies features it may be appropriate to refer the matter into more sophisticated activities, reducing the to the Equality Authority for consideration under likelihood of our competitive advantage being equality legislation. eroded by cost based competition. Furthermore, in the event that there is infor- mation provided to the effect that the workers Labour Inspectorate. concerned were not in receipt of the statutory minimum rates of pay set out in legislation, for 142. Mr. M. Higgins asked the Minister for the particular economic sector in which they were Enterprise, Trade and Employment the progress employed, the labour inspectorate will investigate made to date in 2005 with regard to consideration the matter, in confidence. of the discussion document covering the oper- ation of the labour inspectorate; and if he will Economic Competitiveness. make a statement on the matter. [31602/05] 145. Mr. Penrose asked the Minister for Minister of State at the Department of Enterprise, Trade and Employment if he will Enterprise, Trade and Employment (Mr. make a statement on the recently published Killeen): Work has been progressing with regard annual competitiveness report; the steps he to the discussion document prepared in connec- intends to take to address the issues raised in the tion with the mandate and resourcing of the report; and if he will make a statement on the labour inspectorate. The social partners, together matter. [31613/05] with representatives from the Department of the Minister for Enterprise, Trade and Employ- Taoiseach and the Department of Finance, are ment (Mr. Martin): The National Competi- members of the Employment Rights Compliance tiveness Council’s, NCC, annual competitiveness Group, ERCG, that is considering the discussion report 2005 was published on 7 September. This document. report benchmarks Ireland’s competitiveness The group first met on 12 September this year relative to our 15 main trading partners and com- and has met four times since. Arising from the petitors using a compendium of 170 indicators. discussion document, and additional social part- The indicators contained in the report are pub- ner inputs, the group commenced its work with lished by a wide variety of international sources. an agenda that exceeded 40 topics embracing a The NCC expects to publish its annual com- range of issues including the implementation of a petitiveness challenge later in the autumn. That campaign of employment rights information dis- document, which will draw on the findings of the semination that will be delivered in a very annual competitiveness report, will highlight the focused and strategic fashion. The discussions are main issues facing the Irish economy and will now well advanced. Possible future models of identify policy options to address them. employment rights enforcement are next to be The NCC provides a valuable input to the for- considered. It is anticipated that ERCG’s deliber- mation of Government policies through its work ations will be concluded within the next three on competitiveness benchmarking as it highlights weeks. where the economy is strong in competitiveness terms but also warns us emerging or potential Question No. 143 answered with Question challenges. Upon publication of the competi- No. 140. tiveness challenge the Government will give care- 177 Questions— 2 November 2005. Written Answers 178 ful consideration to the policy options identified on the actions that the prosecutorial bodies, men- by the council. tioned above, may be considering. I was concerned that all Turkish workers would Question No. 146 answered with Question have access to the money that had been trans- No. 115. ferred to their bank accounts in Finansbank in Amsterdam. To that end, I and my officials met Employment Rights. with senior management from Gama Turkey and Gama Ireland, the legal advisers to Gama 147. Ms Lynch asked the Minister for Turkey, and a human resources consultant, Enterprise, Trade and Employment the position retained by Gama. At that meeting, I was assured regarding the investigation by the labour inspec- by these senior managers, their legal adviser and torate into allegations of very serious irregularit- the human resources consultant that all Gama ies in regard to the treatment of employees of a workers in Ireland, past and present, would have Turkish company, Gama, which has been full access to the money that had been transferred operating here; if all the workers have been given to their bank accounts in Finansbank. access to money held in accounts in a bank in I contacted the president of Finansbank. He Holland; his views on requesting the Garda to assured me that, provided the consent of the conduct an investigation into allegations that workers was forthcoming, his bank would co- money had been diverted into accounts to which operate in ensuring that my officials would have the workers previously had no access; and if he sight of relevant bank records in his bank so that will make a statement on the matter. [31603/05] they could be satisfied that all workers would have access to the money in their bank accounts. Minister of State at the Department of Officials from my Department travelled to Fin- Enterprise, Trade and Employment (Mr. ansbank on 14 April last. Killeen): Allegations of non-compliance with Following these meetings and contacts which labour legislation in respect of a major construc- my officials had with SIPTU and Deputy Higgins, tion firm were raised in the House on 8 February I am satisfied that a substantial number of last by Deputy Joe Higgins. Those allegations Turkish workers, who were in Ireland around last were that certain non-national construction April, received value for the funds that had been workers were required to work excessive hours transferred to their personal bank accounts in and that such workers were in receipt of pay of Finansbank. between \2 and \3 per hour in contravention of My Department wrote to Gama Turkey’s legal the statutory minimums applicable. advisers on 29 April seeking certain details on The labour inspectorate of my Department each current and former Gama employee, includ- undertook an investigation of these allegations. ing the money transferred to Finansbank and the That investigation was completed within six money transferred from Finansbank to their per- weeks and required the exclusive attention of sonal bank account in Isbank in Turkey. Despite three labour inspectors under the direction of two reminders to Gama Turkey’s legal advisers, and senior members of staff. A report on the investi- engagement with a PR company engaged by gation was prepared and circulated to relevant Gama, this information has not been supplied to parties, including the construction firm involved. date. Accordingly, I cannot assure the Deputy Subsequently, the Department was informed that all Gama workers in Ireland, both past and that the firm proposed seeking a judicial review present, have received value for the amounts that with regard to the investigation and inspector’s were transferred into their personal accounts in report. At an interlocutory hearing a judgement Finansbank. was given whereby the Department was In the meantime, there were ongoing contacts restrained from publication of the inspector’s between officials of my Department and the com- report but permitted to forward the document to pany. Matters were brought before the Labour relevant prosecutorial bodies. On foot of this out- Relations Commission and then the Labour come a copy of the inspector’s report was sent to Court. Arising from these actions substantial the Department of Social and Family Affairs, the transfers of money were secured for workers in Revenue Commissioners, the Office of the Direc- lieu of overtime worked. tor of Public Prosecutions, the Competition In addition, certain professional Gama Authority, the Office of the Director of Corpor- workers, in respect of whom transfers were not ate Enforcement and the Garda Commissioner. made into Dutch bank accounts, were also The inspector’s report was quashed in the awarded sums of money by the Labour Court. judgement that followed the full High Court Many of these Turkish workers have now hearing of the case. That decision is being returned home. appealed to the Supreme Court. Accordingly, I am unable to elaborate any further on the content Question No. 148 answered with Question of the inspector’s report or offer any observations No. 132. 179 Questions— 2 November 2005. Written Answers 180

Question No. 149 answered with Question investment in, and supporting, FDI companies in No. 119. the Shannon free zone; and the company will produce a new three year corporate plan to Industrial Development. reflect the new mandate and this will be reviewed annually. 150. Mr. Deenihan asked the Minister for All of the interested parties in the region agree Enterprise, Trade and Employment his plans to that Shannon Airport is vital to its economic well- break up a company (details supplied) and the being and that Shannon Development is ideally future role that the company will have in the mid- placed to support the new Airport Authority and west region; and if he will make a statement on to complement its activities. How this should be the matter. [31615/05] done will, however, have to await consideration by the Minister for Transport of the authority’s Minister for Enterprise, Trade and Employ- business plan. Similarly, any changes to Shannon ment (Mr. Martin): I have no plans to break up Development’s tourism remit will be decided by Shannon Development. On 28 July last, following the Minister for Arts, Sport and Tourism in con- detailed consultations with the board of the com- sultation with the company. pany, other stakeholders and regional interests, The Enterprise Strategy Group recommend- I announced a decision on a future mandate for ation, which is now Government policy, that the Shannon Development. This new mandate envis- company disengage from industrial development ages an active, focused role for the company, activities, which should be left to the national complementary to that of the national agencies, agencies, Enterprise Ireland and IDA Ireland, in the best interests of the economic development was central to my consideration of this issue. of the mid-west region. Shannon Development supported this recom- As I have indicated in response to previous mendation and other regional interests also fav- similar Da´il questions, there have been a number oured the streamlining of industrial development of recent developments that impact on the future functions in the region. role of Shannon Development, the most signifi- I recently met members of the board and I cant of which are: the proposed relocation of the believe there is both support for the new mandate headquarters of Enterprise Ireland to Shannon as and energy present to implement it. Discussions part of the decentralisation programme; the between departmental officials and the executive Enterprise Strategy Group recommendation that have also commenced in this regard. I am also Shannon Development should disengage from facilitating clarification of specific elements of the industrial development functions; and the estab- new mandate between my departmental officials lishment of an independent Shannon Airport and the main trade union, SIPTU. Authority. Discussions commenced with Shannon Question No. 151 answered with Question Development early last year and, in March 2005, No. 109. the company submitted proposals for a revised strategy for the company. These proposals pro- Company Liquidation. vided that the company would exit certain tour- ism and enterprise support activities and they 152. Ms Enright asked the Minister for would focus on strategic value added activities Enterprise, Trade and Employment the status of that would contribute to the economic develop- the liquidation of IFI; when its creditors will be ment of the region. Following an examination of paid; and if he will make a statement on the these proposals and after consultation with the matter. [31634/05] company and other stakeholders, I decided on the revised mandate for the company. The main Minister for Enterprise, Trade and Employ- features of the new mandate are: the company ment (Mr. Martin): The determination of any will place an increased focus on the regional payments due to creditors of IFI is a matter solely development aspects of its mandate and special for the liquidator. The position of unsecured emphasis will be placed on addressing the needs creditors can only be determined by the liqui- of the less-developed parts of the mid-west dator when all the assets of the company have region; the company will retain ownership of been realised and all liabilities established. In this industrial property in the Shannon region and regard, I understand the liquidator has made con- responsibility for managing the Shannon free siderable progress in realising the assets of the zone and will have responsibility for providing company and establishing the full extent of its appropriate property solutions for both indigen- liabilities. ous and overseas enterprises; the support func- At this stage, the main production sites at tions in relation to indigenous enterprises in the Arklow and Cork remain the principal assets yet Shannon region that are carried out by Shannon to be realised. Contracts have been signed for the Development on behalf of EI will revert to EI; sale of both these sites and I understand that it is the IDA will assume responsibility for promoting hoped to close the sales in the near future. The 181 Questions— 2 November 2005. Written Answers 182 main liability to be established at this stage staffing levels as announced by the Government relates to a claim made by the trustees of the in 2002 applies to all sectors of the public service. Richardsons superannuation scheme, covering The Department of Enterprise, Trade and the employees in Belfast. The liquidator has Employment and its agencies, including FA´ S, are accepted, in principle, that there is an admissible expected to contribute to this reduction. In the claim on the liquidation but the quantum of that case of FA´ S a reduction of 150 from a staffing claim remains to be established. The liquidator level of almost 2,400 over several years is con- is engaged in discussions with the trustees of the sidered appropriate and I do not propose to scheme with a view to agreeing the quantum of review the situation. the claim and hopes to do so in the near future. While it may take some more time to finalise Employment Rights. all outstanding matters, I understand the liqui- dator hopes to be in a position to make at least 156. Ms Shortall asked the Minister for an interim payment to creditors before the end of Enterprise, Trade and Employment the steps he the year. has taken and the proposals he has formulated to address concerns in relation to the protection of Question No. 153 answered with Question workers’ jobs, pay and conditions of employment No. 127. from displacement in favour of cheap labour involving the exploitation of non-national workers in view of trade union reluctance to enter Employment Rights. talks on a new social partnership agreement. 154. Ms Burton asked the Minister for [31619/05] Enterprise, Trade and Employment the progress made to date with regard to his consultations 167. Mr. Kehoe asked the Minister for regarding the possible establishment of a joint Enterprise, Trade and Employment the action he labour committee to protect the interests of intends to take on employment standards arising domestic workers, especially in view of evidence from the decision by Irish Ferries to outsource its of exploitation of domestic workers from abroad; workforce; and if he will make a statement on the and if he will make a statement on the matter. matter. [31633/05] [31586/05] Minister of State at the Department of Minister of State at the Department of Enterprise, Trade and Employment (Mr. Enterprise, Trade and Employment (Mr. Killeen): I propose to take Questions Nos. 156 Killeen): Legislation provides that an application and 167 together. for the establishment of a joint labour committee There is already a comprehensive body of can be made to the Labour Court by me, as Mini- employment rights legislation which has as its ster, a trade union or any organisation or group objective the protection of employees against of persons claiming to be representative of such arbitrary behaviour by employers, provision for workers or of such employers. In consultation the safety and health of workers and to foster with the Labour Court and the Labour Relations labour market harmony by promoting policies Commission my Department is considering the that minimise conflict and maximise fairness. practicalities of establishing a new JLC for While recognising the exceptional situation domestic workers. that has arisen in the maritime sector, it is The Labour Relations Commission com- important to remember that the full panoply of missioned the University of Limerick to carry out Irish employment law and social protection still a review of the JLC system in 2005. My Depart- applies to persons employed in Ireland regardless ment has held bilateral discussions with relevant of nationality. This body of law is, and will con- stakeholders regarding implementation of the tinue to be, enforced by my Department. recommendations in the review. The issue of a Following the announcement on 12 April last JLC for domestic workers is being considered in there are now 31 inspector posts sanctioned for this context also. the labour inspectorate. This represents almost a doubling of the complement of inspectors in the past 12 months and is indicative of my determi- Job Losses. nation to ensure compliance with employment 155. Mr. Naughten asked the Minister for rights legislation. Enterprise, Trade and Employment, further to Apart from the strengthening of staff Parliamentary Question No. 301 of 15 February resources, other initiatives are under way also. 2005, if he will review this policy; and if he will Arising from a commitment in Sustaining Pro- make a statement on the matter. [31341/05] gress, and to assist in the preparation of proposals for consideration by Government, a discussion Minister for Enterprise, Trade and Employ- document was prepared by the labour inspector- ment (Mr. Martin): The reduction of 5,000 in ate in relation to its mandate and resourcing. The 183 Questions— 2 November 2005. Written Answers 184

[Mr. Killeen.] There are two employment agreements relating discussion document covered the full dimension to the construction sector registered with the of issues that impact on the operation of the Labour Court: (1) pensions assurance and sick labour inspectorate ranging from the legislative pay; and (2) wages and conditions. Alleged framework right through to the operational breaches of registered employment agreements aspects and staff development. The discussion are considered by the Labour Court under pro- document has been well received among the cedures provided for under section 32 of the social partners and the parties are well advanced Industrial Relations Act 1946. in their consideration of the proposals that cur- According to the Labour Court Annual Report rently exceed 40. The objective is to formulate for 2004, the increase in referrals to the court in a set of recommendations for Government. It is 2004 was mainly attributable to an increase of intended that this process would feed into and more than 75% in the number of complaints complement any future partnership discussions. alleging non-compliance with the registered On 24 May last, I announced a programme of employment agreements for the construction action in response to the report and recommend- industry on pension, assurance and sick pay. This ations of the review group on the role and func- has resulted from increased monitoring of the tions of the employment rights bodies and follow- level of adherence to the agreement by both ing consultations with the various interested union and employer bodies in that industry. parties. This included the establishment of an employment rights group, ERG, comprising rep- Proposed Legislation. resentatives of my Department, the employment rights bodies and the social partners. The ERG is 158. Mr. Howlin asked the Minister for to consider how best to simplify and streamline Enterprise, Trade and Employment if it is his the complaint, appeal and enforcement pro- intention to introduce legislation to provide for cedures and documentation across all the various the creation of a new offence of corporate man- employment rights bodies. The ERG will also slaughter as suggested by the Law Reform Com- examine the extent to which common procedures mission in October 2003 and recommended by and a simplified approach to the conduct of hear- the commission in its recent report to which a ings-investigations can be adopted across all the draft Bill is appended; and if he will make a state- bodies, leading to procedural simplification and ment on the matter. [31582/05] improved customer service. Its work should be completed by the end of next year. Minister for Enterprise, Trade and Employ- The concerns in relation to the protection of ment (Mr. Martin): The issue of whether legis- workers’ jobs, pay and conditions of employment lation to provide for the creation of a new offence to which the Deputies refer raise complex legal of corporate manslaughter as suggested by the and policy issues. The Government is committed, Law Reform Commission in its recent report is however, to taking whatever steps are feasible, not a matter for me as Minister for Enterprise, through legislation or otherwise, to develop in Trade and Employment. partnership with congress and employers, a The main thrust of the recommendations are meaningful package in the area of enhanced at a much wider area of responsibility than that employment standards generally. These issues covered by my Department and consequently I can best be advanced through dialogue in the do not have a primary function in the matter. context of the partnership process. I launched the report at the request of the Law Reform Commission and at the time I made it Labour Court. clear that consideration of the report will now take place primarily at Government level by the 157. Mr. S. Ryan asked the Minister for Minister for Justice, Equality and Law Reform Enterprise, Trade and Employment the pro- in the context of his main responsibilities for the portion of the Labour Court’s increased case load criminal law system. in 2004 which consisted of complaints concerning the construction industry pension and sick pay Question No. 159 answered with Question schemes; and if he will make a statement on the No. 132. matter. [31625/05] Economic Competitiveness. Minister of State at the Department of Enterprise, Trade and Employment (Mr. 160. Mr. P. Breen asked the Minister for Killeen): The Labour Court is an independent Enterprise, Trade and Employment his views on statutory body that acts independently in carrying whether the level of investment in research and out its functions. The Deputy’s question relates development here is compatible with economic to an issue concerning the day-to-day operation goals and the goals set out in the Lisbon Agenda; of the court, and is one in which I have no and if he will make a statement on the matter. direct function. [31641/05] 185 Questions— 2 November 2005. Written Answers 186

Minister for Enterprise, Trade and Employ- Question No. 163 answered with Question ment (Mr. Martin): The process of comprehen- No. 132. sively addressing the research and development agenda was commenced by this Government Question No. 164 answered with Question under the current National Development Plan, No. 127. NDP, 2000-2006. Within the current NDP, STI has become a major plank of this Government’s National Consumer Agency. policy, underpinned by very significant resources. 165. Mr. M. Higgins asked the Minister for The importance of ensuring greater coherence in Enterprise, Trade and Employment the progress the development of the overall national system of made to date with regard to the establishment of innovation and the value of a whole of Govern- the new National Consumer Agency; if the mem- ment approach has also been recognised by this bership of the board of the agency has been Government. A cabinet sub-committee for STI, finalised; the number of meetings held by the serviced by an interdepartmental committee, is board to date in 2005; the number of full-time fully operational and active. staff the agency will have and the numbers Achievements have been made. Ireland is now appointed to date; and if he will make a statement in a period of catching up. Real annual average on the matter. [31601/05] growth in gross expenditure on research and development, GERD, for Ireland was 4.5% for Minister for Enterprise, Trade and Employ- 2001-03 rising to 4.8% for 2003-05. In GNP terms ment (Mr. Martin): As I advised the House in my the ratio for GERD to GNP has risen from 1.3% reply to a previous question, the core recom- in 2001 to 1.45% in 2005. mendation of the Consumer Strategy Group is However, this is not yet commensurate with that a new statutory body, the national consumer our ambitions to develop as a knowledge-based agency, be established to be an advocate on economy. The publication of Building Ireland’s behalf of consumers. The Government fully Knowledge Economy last year set out the chal- approved this recommendation and has agreed to lenges. The response to that document is cur- establish the new agency as soon as practicable. rently being prepared by my Department, in The establishment of the NCA will require association with other relevant Departments in primary legislation. My Department has already the interdepartmental committee on STI, and I commenced the necessary preliminary legislative will shortly be bringing forward a strategy on STI and organisational work to ensure that the NCA to 2013, which will drive this agenda forward. is established as soon as possible. I am conscious, As the Deputy will be aware, the Lisbon however, that establishing the new agency may Agenda is aimed at making Europe more com- take some time. For that reason, with the petitive and innovative on the world stage. There approval of the Government, I recently are very significant challenges ahead. Science, appointed a board to the national consumer technology and innovation in Ireland is still under agency to act in an interim capacity until such developed by comparison with our key global time as the agency is established on a statutory footing. The board, which is comprised of a chair- competitors and challenges are increasing from person and 12 other members, has held three locations such as China, Singapore and South meetings to date. Korea. Recent work by the EU Commission has Given its non-statutory status, the interim provided a timely review of progress towards board does not have any staff itself. It does, achieving the Lisbon objectives and provides a however, have the assistance of Forfa´s in carrying sobering reminder of the challenge that faces us out its activities. Forfa´s has currently assigned 4.5 all in our efforts to drive investment in research staff to assist the interim board in this regard. and development and innovation. This number will increase considerably in 2006 to We need to make the next quantum leap for- cater for the significant increase in activities ward. Making that vision a reality requires stra- which the interim board intends to undertake in tegic investment. We will continue to work to the course of next year. ensure that, within the next decade, Ireland With regard to the numbers of staff that the becomes internationally renowned for our NCA might have when formally established, it is research, generating and using new knowledge not possible to give a precise estimate of that for economic and social progress to the benefit number at this stage. It is the case, however, that of all. one of the interim board’s priority tasks is to pre- pare a detailed estimate of staffing, resource and Question No. 161 answered with Question budget requirements of a fully operational and No. 127. statutory based national consumer agency. I very much welcome the Government’s Question No. 162 answered with Question decision to approve the establishment of a No. 114. national consumer agency. I am certain the 187 Questions— 2 November 2005. Written Answers 188

[Mr. Martin.] provided with the best supporting and competi- agency will have a key role in advocating the con- tive environment, business and industry will sumer case and in the development of future con- develop to capitalise on investment and growth sumer policy. I am also of the view that the opportunities. It is the Government’s intention to appointment of an interim board until the NCA enable enterprise growth by policies tailored to is formally established is most important. The address the competitive pressures transforming interim board will ensure that the momentum of the global economy. the Consumer Strategy Group’s report is main- A key element of the Government’s strategy to tained, that the consumer’s voice will be heard help enterprise is to encourage increased levels of and that the construction of a fully operational investment in research, business related techno- NCA can begin. logical development and innovation across all enterprise sectors. These increased levels will Job Losses. assist firms to produce improved products and services with added value. In the longer term, this 166. Mr. Kenny asked the Minister for approach will provide both more sustainable and Enterprise, Trade and Employment the action he higher quality jobs. intends to take to reverse the continuing trend of While there has been a decrease in the number job losses in the manufacturing sector; and if he of jobs in manufacturing in recent times, there is will make a statement on the matter. [31627/05] consistent growth in job numbers in other areas. The most recent quarterly national household Minister for Enterprise, Trade and Employ- survey published by the Central Statistics Office ment (Mr. Martin): Job losses in the manufactur- on 14 September 2005 shows that there were ing sector are of ongoing concern and the 2,014,800 persons in the labour force, which rep- Government is doing all in its power to create resents an annual increase of 94,500 or 4.9%. This structures through its enterprise development and is the highest year on year increase since the sur- training agencies, which will facilitate those who vey began. have lost jobs to gain new ones, particularly ones that offer more opportunity both in terms of skills and permanence. Question No. 167 answered with Question No. 156. Ireland has a predominantly modern manufac- turing base which competes in a range of growth sectors. However, as with most other European Job Creation. countries, there are areas of activity in which 168. Mr. Eamon Ryan asked the Minister for Ireland’s competitiveness is seriously challenged. Enterprise, Trade and Employment his views on In the main, these are in areas where the avail- the fact that the additional 93,000 jobs created ability of lower cost locations is making cost the this year have not led to a pro-rata increase in the primary driver behind business decision making. expected tax take; if this is further indicative of It is inevitable that the investment decisions of increased casualisation of the Irish workforce; some companies will be influenced by the com- and if he will make a statement on the matter. petitive attractions of alternative geographic [31587/05] locations. Our focus is firmly concentrated on managing the current transition with the best pos- sible blend of policies to strengthen both national Minister of State at the Department of and firm level competitiveness. Enterprise, Trade and Employment (Mr. Manufacturing has been a key driver of pros- Killeen): The growth in employment by 93,000 in perity across the economy for many years and the year to the second quarter of 2005 is the high- enterprise policies will continue to emphasise the est annual growth rate recorded in five years. strategic importance of the sector to future econ- Full-time employment increased by 72,500 — omic growth. The Enterprise Strategy Group, males, 39,200 and females, 33,300. Part-time ESG, recognised the importance of the sector in employment increased by 20,600 — males, 5,800 providing a foundation of skills and technologies and females, 14,800 — compared with 6,000 in the on which to build a high performance, high value same period last year. Overall, since 1997, full- added and technologically orientated manufac- time employment has increased from 1,215,000 to turing sector into the future. 1,597,500 while part-time employment has My objective and that of the Government is to increased from 252,700 to 331,700. ensure that our economy remains a globally com- The construction and financial-business petitive, profitable and secure location for busi- services sectors accounted for more than 50% of ness. We can best help enterprise, including the the employment growth. Across all sectors, prac- manufacturing sector, by continuing to tically every occupational category experienced implement policies that are pro business and by an increase in employment with the largest implementing the right balance of enterprise sup- increases in the craft, clerical and secretarial ports and at the right time to help business. When occupations. 189 Questions— 2 November 2005. Written Answers 190

The latest quarterly economic commentary It is my intention to visit the Tralee and north from the ESRI has indicated that the growth rates Kerry area as soon as my departmental and in employment, as well as sustained economic parliamentary commitments permit and I look growth, have had a significant positive impact on forward to discussion with the local chambers of incomes. The reporting of tax receipts is the commerce and other interested groups about responsibility of the Minister for Finance. employment prospects specifically and economic development generally in the region. Question No. 169 answered with Question No. 114. Question No. 171 answered with Question No. 140. Job Losses. Ministerial Appointments. 170. Mr. Deenihan asked the Minister for Enterprise, Trade and Employment if he will 172. Mr. Costello asked the Minister for arrange a visit to County Kerry in the near future Enterprise, Trade and Employment the progress to discuss the job losses in IDA supported indus- made regarding his examination of the issues that tries over the past five years with the local cham- have arisen in relation to the academic qualifi- bers of commerce, SIPTU and other organis- cations of the person recently appointed as chief ations; and if he will make a statement on the science adviser; and if he will make a statement matter. [31616/05] on the matter. [31599/05]

Minister for Enterprise, Trade and Employ- Minister for Enterprise, Trade and Employ- ment (Mr. Martin): I visited Kerry on 21 July ment (Mr. Martin): I am continuing to examine 2005 with officials from my Department and the the issues raised in the House and in the media State development agencies. During the course of in relation to the academic qualifications of the this visit I met the Chamber of Com- chief science adviser. I have raised the specific merce, and representative organisations and busi- issues identified in the previous questions and nesses in Caherciveen, Killorglin and . representations from members of the House with Wide-ranging discussions were held concerning the chief science adviser and have sought his response. I have met the chief science adviser to economic development in the region. discuss the issues in question and following that IDA’s strategy for Kerry is to win high value meeting I have asked the chief science adviser to investments in the international services, engin- submit additional information. The issues raised eering and ICT sectors. IDA Ireland is pursuing are significant and it is vital that a full and diligent this strategy within the NSS, which has designated examination and consideration of them is under- Tralee and Killarney as linked hubs. While I may taken and that a determination is made only give general policy directives to the agency under when all of the issues are fully considered. the Industrial Development Acts, I am precluded from giving directives regarding individual under- takings or from giving preference to one area Labour Inspectorate. over others. 173. Ms McManus asked the Minister for However, I am informed that IDA Ireland is Enterprise, Trade and Employment the number actively marketing the region. At the end of 2004, of inspections carried out by the labour inspector- there were 2,022 people in permanent employ- ate and the number of prosecutions initiated by ment in 21 IDA supported companies in the the inspectorate in respect of the years 2002, county. The agency has now completed site 2003, 2004 and to date; and if he will make a development works on its business and tech- statement on the matter. [31605/05] nology park at Tiernaboul in Killarney. The site area totals 4.66 hectares and the work involved Minister of State at the Department of significant landscaping, access development and Enterprise, Trade and Employment (Mr. site clearance. This work has cost in the region of Killeen): The number of workplace inspections- \1 million. A local group of business people have visits undertaken by the labour inspectorate, dur- completed a new building of 14,716 sq.ft. on a site ing and after normal business hours, and pros- acquired from IDA on the this park. IDA is also ecutions initiated in respect of the years 2002, actively marketing the Kerry technology park 2003, 2004 and to date is set out in the following adjacent to the institute of technology in Tralee tabular statement. and the development centre. The primary function of the labour inspector- In addition to targeting potential new projects, ate is to seek compliance and rectification of any the agency is also working with its existing port- breaches identified, including payment of any folio of companies in the region, with a view to arrears due to employees. Inspectors pursue alle- supporting such companies with potential expan- gations of worker mistreatment and seek redress sions and diversification of activities. for the individual/s concerned and, if appropriate, 191 Questions— 2 November 2005. Written Answers 192

[Mr. Killeen.] Work-days Lost. a prosecution is initiated. Successful prosecution 175. Mr. Lowry asked the Taoiseach the can be dependent on adequate support from number of work-days lost to the economy as a witnesses. result of medical appointments in each year since 2002; and if he will make a statement on the Year Inspections/Visits Prosecutions matter. [31934/05] Initiated Minister of State at the Department of the 2002 8,323 25 Taoiseach (Mr. Kitt): The exact information 2003 7,168 20 requested by the Deputy is not available. The only information of this nature currently com- 2004 5,160 14 piled is statistics on working days lost due to 2005 3,811 24 work-related accidents and work-related illnesses. Statistics on days lost from work due to work- related accidents and illnesses are available for Question No. 174 answered with Question 2002 to 2004 from the quarterly national house- No. 115. hold survey and are set out in the following table:

Persons who suffered work-related injury or work-related illness and total number of days lost1

000s

Q2 1998 Q1 2002 Q1 2003* Q1 2004*

Injury Total persons suffering work-related injury 43.1 51.8 43.1 54.4 Rate per hundred 2.9 3.0 2.4 3.0 Days lost 769,200 857,300 610,400 782,909 Illness Total persons suffering work-related illness 26.1 33.0 38.1 46.3 Rate per hundred 1.7 1.9 2.2 2.5 Days lost 397,300 583,700 675,700 591,904 Total Incidence 69.2 84.8 81.2 100.7 Total days lost 1,166,500 1,441,000 1,286,100 1,374,813 *Figure relates to most recent injury only. 1 Days lost data should be interpreted with care as respondents may have included ‘potential’ days lost. Note: Data may be subject to sampling or other survey errors, which are greater in respect of smaller values or estimates of change.

EU Directives. having to defend actions against the Government 176. Mr. Quinn asked the Taoiseach the in relation to the non-compliance or non-appli- number of EU directives within his Department’s cation of European Union directives (details competency which have not been transposed into supplied). [30023/05] law; the number of warning letters received by his Department from the Commission or other EU The Taoiseach: The information set out as fol- bodies relating to non-transposed directives in lows shows the fees paid to counsel in regard to each of the years from 1997 and to date; the legis- each case. No other fees were paid out by the lation in each case; if that legislation has since office of the Chief State Solicitor which carries been transposed into Irish law or if it is still out- out this function under the aegis of the office of standing; if still outstanding, the date by which it the Attorney General. was meant to have been transposed; the title of the directive which has been waiting transposition Case Amount for the longest period in his Department; and if \ he will make a statement on the matter. [31334/05] C-67/99 19,538.96 C-117/00 5,400.00 The Taoiseach: There are no EU directives C-316/00 No fees paid* which come within my Department’s area of com- C- 67/02 No fees paid* petency which have not yet been transposed into C-494/01 30,120.90 law. C-257/03 1,261.17 177. Mr. Boyle asked the Taoiseach the costs C-120/01 No fees paid* involved to the office of the Attorney General in 193 Questions— 2 November 2005. Written Answers 194

Private Rental Properties. 178. Mr. Sargent asked the Taoiseach the Case Amount number of private rental properties and landlords in the county of Du´ n Laoghaire-Rathdown, the four Dublin counties, in the State in the figures C-282/02 5,808.00 available from Central Statistics Office from the C-392/96 No fees paid* most recent period for which figures are avail- C-410/02 5,000.00 able. [31411/05] C-330/02 No fees paid* 179. Mr. Cuffe asked the Taoiseach the number C-418/04 10,648.00 of private rental properties and landlords in the C-406/03 1,573.00 areas of Dun Laoghaire-Rathdown County C-256/03 No fees paid* Council, Dublin City Council and in the State in C-396/01 4,294.29 the last census from which figures are avail- able. [31412/05] C-413/03 5,000.00 C-461/99 No fees paid* Minister of State at the Department of the C-354/99 No fees paid* Taoiseach (Mr. Kitt): I propose to take Questions Nos. 178 and 179 together. * Where it states “no fees paid” this means that either no The most recent information is in respect of the external counsel was used or no demand for fees has been received as of yet. 2002 census and the relevant information is con- tained in the following table:

Private dwellings in permanent housing units in Dublin counties and the State, 2002

Occupancy Type Private rented Private rented furnished Total private rented unfurnished or part furnished

Dublin City and County 8,301 46,530 54,831 of which Dublin City 5,335 32,528 57,863 Du´ n Laoghaire-Rathdown 1,449 5,763 7,212 Fingal 768 4,173 4,941 South Dublin 749 4,066 4,815 State 25,883 115,576 141,459

Northern Ireland Issues. Public Relations Contracts. 180. Mr. Costello asked the Taoiseach when he 181. Mr. P. McGrath asked the Taoiseach the received the third report by Judge Barron into number and value of contracts awarded for public the murder of Mr. Seamus Ludlow; the reason for relations projects by his Department since the continued delay in referring the report to the December 2004. [31743/05] Joint Committee on Justice, Equality, Defence and Women’s Rights; when he proposes to make the report available for publication; and if he will The Taoiseach: No contracts have been make a statement on the matter. [31467/05] awarded by my Department in respect of public relations in the period December 2004 to The Taoiseach: Judge Barron’s third report October 2005. relates specifically to the murder of Seamus Ludlow and it was presented to the Government in October 2004. The Government wishes to see Ministerial Staff. the report published in the form that it was 182. Mr. P. McGrath asked the Taoiseach the received from Judge Barron. number of civil servants and other staff employed In that context, certain aspects of the report in his constituency office; and the grade and have required careful consideration and were the subject of legal advice, including on the protec- remuneration of each. [31758/05] tion of the rights of persons named in the report. The Government has now concluded its consider- The Taoiseach: The number of civil servants ation of this matter. The report will be brought and other staff currently employed in the before the Oireachtas Joint Committee on Taoiseach’s constituency office, their grade and Justice, Equality, Defence and Women’s Rights remuneration is set out in the following table. this week. 195 Questions— 2 November 2005. Written Answers 196

[The Taoiseach.] past five years; the details of the contracts involved; and if these projects have reached Grade Remuneration fruition. [31773/05] The Taoiseach: The number and value of con- \ tracts awarded to outside consultants by my Personal Assistant 46,691 Department in each of the last five years is given Personal Assistant 47,921 in Table 1. Details of the contracts and the cur- Personal Secretary 33,270 rent status are shown in table 2.

Executive Officer 26,618 Table 1. Staff Officer (Work-sharing) 18,098 Clerical Officer 26,203 Year Number of Contracts Total Value of Contracts Clerical Officer 21,245 Clerical Officer 21,245 \ 2001 12 1,113,547 2002 5 143,065 Consultancy Contracts. 2003 10 281,707 183. Mr. P. McGrath asked the Taoiseach the 2004 20 430,886 number and value of contracts awarded to out- 2005 6 108,588 side consultants by his Department in each of the

Table 2.

Department of the Taoiseach

Year of Supplier Purpose Total Current Contract Expenditure Status

\

2001 Hay Management Design and development of effective Consultants systems of feedback within the Performance Management and Development System (PMDS)2 45,774 Completed 2001 Dr. Jane Pillinger Research Report on Equality Diversity and Quality Customer Service2 38,700 Completed 2001 Arthur Andersen Management Information Framework 93,440 Completed 2001 Dr. Tom McCarthy, NUI Research for Consultation Document: Towards Better Regulation2 6,692 Completed 2001-2002 Sureskills Windows 2000 Implementation 147,908 Completed 2001-2002 Mr. Alex Matheson, Participation on Steering Group for the OECD Evaluation of the Strategic Management Initiative2 14,014 Completed 2001 PA Consulting Group Evaluation of the Strategic Management Initiative2 491,992 Completed 2001 Institute of Public Preparation of HR Strategy Guidelines Administration document2 18,284 Completed 2001-2002 Oracle Management Information Framework 229,623 Completed 2001 Deloitte & Touche Value for Money Audit of Mobile Phone services 7,618 Completed 2001 IBEC Review of Health & Safety 4,889 Completed 2001 Hosca Management Consultancy services for carrying out an Consultants Employee Opinion Survey 14,613 Completed 2002 Octagon IT Strategic Review 8,400 Completed 2002 Dr. Patrick Butler Evaluation of Customer Action Plans2 32,000 Completed 2002 Professor Philip Lane Commentary on Better Regulation Submissions2 4,500 Completed 2002 Peter White Consultancy regarding communications for the Civil Service modernisation programme 850 Completed 2002 KPMG Consulting Implementation of Human Resource (Bearing Point) Management System 97,315 Completed 197 Questions— 2 November 2005. Written Answers 198

Year of Supplier Purpose Total Current Contract Expenditure Status

\ 2003 Watson Wyatt Consultancy services for carrying out an Employee Opinion Survey 25,410 Completed 2003 Watson Wyatt Consultancy services for carrying out an Employee Opinion Survey — further reports 14,520 Completed 2003 Grayling Gilmore PR EU Presidency Logo Launch & Public Consultants* Relations Compaign 60,000 Completed 2003 Jacobs & Associates Consultancy on regulatory reform policy2 12,947 Completed 2003 Professor Martin Cave, Consultancy on regulatory reform policy2 Warwick Business School 575 Completed 2003 Fujitsu Services ECabinet Security Policy 15,730 Completed 2003 Lansdowne Market Irish Civil Service — Customer Satisfaction Research Survey report2 36,000 Completed 2003 NGM Market Research Communicating Change and Modernisation in the Civil Service report2 15,000 Completed 2003 Enterprise LSE London School of Economics to provide training course for Irish Officials in relation to regulation2 38,879 Completed 2003 Carr Communications Development and delivery of Phase II of the Department of the Taoiseach’s Career Development Programme 62,646 Completed 2004 Eurokom Security Review 7,650 Completed 2004 Red Dog Design EU Presidency Awareness Campaign 65,740 Completed 2004 Carr Communications Disability Bill 12,147 Completed 2004 Good Practice Ltd Tailoring of on-line toolkit for Department Intranet 33,350 Completed 2004 McCann Fitzgerald Research and preparation of report — Solicitors Redress for Civil Service Customers2 76,894 Ongoing 2004 Watson Wyatt Employee Opinion Survey 27,947 Completed 2004 The Design Consultancy Step by Step Guide to the PMDS System 4,719 Completed 2004 Grayling Gilmore PR re EU Presidency 21,023 Completed 2004 Red Dog Design EU Presidency Posters 2,060 Completed 2004 David Donaghy Day of Welcomes production 28,900 Completed 2004 Academic Conferences ECEG Conference Management Ltd 36,300 Completed 2004 Jacobs & Associates Preparation of report for EU Conference on Better Regulation2 18,876 Completed 2004 Dr. Patrick Paul Walsh, Preparation of report for EU Conference Trinity College Dublin on Better Regulation2 5,250 Completed 2004 HCM International Research on the integration of the Performance Management and Development System (PMDS) with HR policies and processes2 Nil (ongoing) Ongoing 2004 Zerflow ECabinet Security Assessment 5,929 Completed 2004-2005 Goodbody Economic Economic assistance to Consultants Departments/Offices piloting regulatory Impact Analysis2 21,054 ongoing Ongoing 2004 RTE EU Presidency Consultancy Services 35,256 Completed 2004 Elucidate eCabinet Design Summary Screen 8,546 Completed 2004-2005 Mercer Human Resource Review of the Performance Management Consulting and Development System (PMDS) Evaluation results for technical and professional staff2 15,125 Completed 2004 & 2005 Des Geraghty Promotion of the Affordable Housing Initiative 4,120 Completed 2005 IQ Content Usability & Accessibility Review of websites 19,239 Ongoing 2005 Tansey, Webster & Co Affordable Housing Proposal 9,680 Completed 2005 Pan Research Ltd Customer Service Evaluation Report 6,313 Completed 199 Questions— 2 November 2005. Written Answers 200

[The Taoiseach.]

Year of Supplier Purpose Total Current Contract Expenditure Status

\ 2005 Enterprise LSE London School of Economics to provide a training course for Irish Officials on regulation2 41,443 Completed 2005 Fitzpatrick Associates Research Project on the Special Initiatives under Sustaining Progress 18,603 Ongoing 2005 Institute of Public Research in relation to mapping of Administration regulatory framework2 13,310 to date Ongoing * Met from funds provided by Department of Foreign Affairs 1 Costs met from Information Society Fund, administered by the Department of Finance 2 Costs met from Change Management Fund, administered by the Department of Finance Note: Department of Finance guidelines for engagement of consultants in the Civil Service state that “in relation to Information and Communications Technologies (ICT), expenditure on software development, from analysis through to implementation and post-implementation, should not be classified as consultancy, irrespective of whether this expenditure is with individuals or with the consultancy houses”. Therefore expenditure in relation to such IT development projects have not been included in the data supplied.

Ministerial Staff. Grade Remuneration

184. Mr. P. McGrath asked the Taoiseach the \ number of civil servants and other staff in his Clerical Officer 13,101 press office; and the grade and remuneration of each staff member. [31788/05] Each press officer is normally required to be on The Taoiseach: The number of civil servants call one week in four, for which they receive an and other staff currently employed in the on-call allowance equivalent to five hours over- Government press office, their grade and time at double time rates per week. remuneration is set out in the following table. District Electoral Divisions. Grade Remuneration 185. Mr. P. McGrath asked the Taoiseach the \ population of each parish and district electoral division in counties and Westmeath in Government Press Secretary 120,117 each of the past 20 years. [31814/05] Press Officer-Assistant Principal 65,701 Press Officer-Higher Executive 47,921 Minister of State at the Department of the Officer Taoiseach (Mr. Kitt): The information requested Press Officer-Higher Executive 45,457 by the Deputy is contained in the following table Officer which is based on the results of censuses of popu- Press Officer-Higher Executive 47,921 Officer lation from 1981 to 2002. Electoral divisions are the smallest geographical area for which infor- Clerical Officer 25,209 mation is published from the census.

Population of each electoral division in counties Longford and Westmeath, censuses 1981-2002

County-Electoral Division 1981 1986 1991 1996 2002

Longford County 31,140 31,496 30,296 30,166 31,068 1. Longford No. 1 Urban 3,295 2,982 2,887 2,989 2,841 2. Longford No. 2 Urban 703 666 649 709 711 3. Agharra 382 360 322 358 331 4. 1,637 1,689 1,617 1,559 1,548 5. Cashel East 377 386 400 372 324 6. Cashel West 633 630 572 565 538 7. Doory 325 346 331 345 358 8. Forgney 418 421 383 380 393 9. Foxhall 409 394 352 373 431 10. Kilcommock 602 625 591 598 581 11. Kilglass 656 580 549 555 588 12. Ledwithstown 307 325 295 269 258 201 Questions— 2 November 2005. Written Answers 202

County-Electoral Division 1981 1986 1991 1996 2002

13. 279 274 285 280 245 14. Ballinalee 391 404 360 357 376 15. Ballymuigh 260 272 257 256 255 16. Bunlahy 177 172 148 166 167 17. Columbkille 673 682 645 596 596 18. Coolamber 296 276 261 261 263 19. Creevy 382 347 349 313 289 20. Crosagstown 205 205 219 208 226 21. Currygrane 127 101 116 109 126 22. Dalystown 186 174 185 175 170 23. Drummeel 138 135 108 111 127 24. Firry 137 117 129 149 172 25. Gelshagh 367 341 298 284 322 26. Rural 294 300 264 261 256 27. Granard Urban 1,285 1,338 1,221 1,173 1,013 28. Knockanbaun 152 153 136 124 132 29. Lislea 171 166 158 163 142 30. Meathas Truim 1,016 1,146 1,130 1,046 1,098 31. Milltown 335 343 329 329 323 32. Moatfarrell 152 167 131 124 158 33. Moyne 390 382 341 319 321 34. Mullanalaghta 309 304 287 301 292 35. Newgrove 62 56 59 50 37 36. Sonnagh 341 324 306 281 281 37. Aghaboy 535 509 488 492 509 38. Ardagh East 586 614 575 529 529 39. Ardagh West 372 340 333 343 397 40. East 549 577 539 485 464 41. Ballinamuck West 503 479 460 453 459 42. Breanrisk 643 656 601 604 642 43. Caldragh 721 857 917 1,127 1,269 44. 578 571 560 552 549 45. Cloonee 562 566 565 599 618 46. Corboy 347 355 350 361 395 47. Drumgort 539 511 447 430 416 48. 765 773 771 799 828 49. 254 249 239 235 234 50. 378 334 323 306 284 51. Longford Rural 3,280 3,676 3,685 3,576 4,317 52. Mountdavis 194 208 195 185 197 53. 510 538 549 566 557 54. Newtown Forbes 645 728 723 768 847 55. 1,310 1,372 1,306 1,248 1,268 1. East Urban 5,126 5,068 4,765 4,517 4,092 2. Athlone West Urban 4,318 3,747 3,405 3,174 3,262 3. Athlone East Rural 4,171 5,145 5,506 5,728 6,433 4. Auburn 436 474 468 486 534 5. Ballybroder 198 188 202 205 250 6. Bellanalack 267 292 335 358 431 7. Carn 475 488 499 580 706 8. 583 616 606 607 658 9. 555 665 700 745 816 10. 313 334 333 361 396 203 Questions— 2 November 2005. Written Answers 204

[Mr. Kitt.]

County-Electoral Division 1981 1986 1991 1996 2002

11. Killinure 244 263 313 324 337 12. 2,254 2,088 1,938 1,849 1,941 13. Mount Temple 398 433 418 438 507 14. Moydrum 1,444 1,749 1,845 1,986 2,136 15. Muckanagh 161 161 164 153 158 16. Tubbrit 511 568 549 569 635 17. Umma 260 268 261 282 267 18. Ardnagragh 346 373 388 384 400 19. 462 447 440 413 458 20. Doonis 203 209 215 192 199 21. 193 193 184 191 232 22. 241 265 271 289 323 23. Piercetown 117 122 109 114 98 24. Templepatrick 244 255 245 234 222 25. Winetown 143 141 137 118 129 26. Boherquill 138 135 99 92 107 27. Coole 251 260 229 235 209 28. Coolure 299 286 276 280 276 29. 264 269 259 256 260 30. Glore 196 137 113 106 169 31. Knockarrow 129 115 96 86 91 32. 289 280 284 301 325 33. Street 303 297 273 300 289 34. Ballinlough 165 156 140 130 136 35. Ballyhealy 182 176 170 176 249 36. Ballynaskeagh 246 214 189 203 215 37. Bracklin 185 186 183 180 217 38. 320 355 354 343 380 39. 292 300 313 319 326 40. Copperalley 248 219 191 187 225 41. 501 509 500 524 558 42. 198 237 220 209 225 43. Fore East 278 279 283 301 344 44. Fore West 318 285 253 281 289 45. Hilltown 260 270 240 209 205 46. Kilcumny 206 175 154 155 159 47. 557 573 534 519 708 48. 306 295 275 292 342 49. Kilpatrick 149 146 143 153 196 50. Kinturk 1,111 1,108 1,030 1,070 1,107 51. Riverdale 290 273 243 242 259 52. Rosmead 321 319 297 287 333 53. Ardnaglew 166 186 185 178 255 54. 435 504 444 453 490 55. Ballykilmore 520 520 520 496 623 56. Ballymorin 245 253 253 238 249 57. Ballynagore 435 464 472 500 497 58. Belvidere 491 506 582 673 835 59. Carrick 234 274 245 254 301 60. Castle 511 545 550 555 662 61. Castlelost 889 976 892 920 1,594 62. Castletown 627 644 587 590 671 205 Questions— 2 November 2005. Written Answers 206

County-Electoral Division 1981 1986 1991 1996 2002

63. Churchtown 228 230 229 228 214 64. Cloghan 223 253 228 246 260 65. 429 403 422 482 540 66. Clonlost 384 395 385 414 427 67. Derrymore 227 227 198 202 228 68. 229 223 235 231 230 69. Emper 243 232 206 192 203 70. Enniscoffey 298 292 297 298 337 71. Gaybrook 234 245 232 274 370 72. Glenlough 219 212 195 193 193 73. Greenpark 274 248 216 209 241 74. Griffinstown 359 359 370 436 493 75. Heathstown 481 523 495 534 642 76. Hopestown 348 378 437 468 531 77. Huntingdon 278 278 261 256 305 78. Jamestown 133 133 122 120 128 79. Kilbeggan 1,056 990 949 972 997 80. 541 546 544 535 586 81. 346 350 317 300 355 82. 725 777 793 827 1,028 83. Kinnegad 556 549 542 652 1,429 84. Knockdrim 454 432 425 420 478 85. 63 57 50 60 58 86. Lauree 197 176 176 171 181 87. Middleton 232 227 222 218 280 88. Milltown 268 246 260 282 315 89. Rural 4,104 4,413 4,157 4,747 7,012 90. Mullingar North Urban 3,935 4,352 4,243 4,274 5,366 91. Mullingar South Urban 3,919 3,725 3,760 3,766 3,458 92. 484 470 409 448 439 93. Newtown 211 232 225 208 203 94. Owel 399 471 403 451 494 95. 225 272 283 288 297 96. 325 416 436 422 488 97. 317 312 303 290 300 98. 253 285 285 295 294 99. Russellstown 312 319 342 381 436 100. Skeagh 199 204 211 214 189 101. Sonna 325 253 246 244 257 102. 184 184 172 167 188 103. Streamstown 297 318 324 330 338 104. 292 292 271 292 354 105. Tullaghan 232 291 315 361 389 106. Woodland 267 311 322 326 311

Domestic Violence. does not directly fund or co-ordinate health and 186. Mr. Ferris asked the Ta´naiste and Minister personal social services to victims of abuse. for Health and Children if she will ensure that Moneys are made available each year, formerly voluntary sector groups working in the area of through the health boards, and now through the domestic and sexual violence are adequately pro- Health Service Executive, for the provision of vided for in the upcoming estimates; and if she services to women victims of violence. In recent will make a statement on the matter. [31502/05] years there has been a substantial increase in funding so that now more than \12 million is pro- Minister of State at the Department of Health vided annually for the provision of such services. and Children (Mr. S. Power): My Department 207 Questions— 2 November 2005. Written Answers 208

[Mr. S. Power.] Ta´naiste and Minister for Health and Children The distribution of this funding is a matter for the (Ms Harney): The Deputy’s question relates to Health Service Executive. the management and delivery of health and per- The determination as to whether services sonal social services, which are the responsibility should be provided by Health Service Executive of the Health Service Executive under the Health employees or by the voluntary sector is also a Act 2004. Accordingly, my Department has matter for the Health Service Executive. requested the parliamentary affairs division of My Department has requested that the the executive to arrange to have this matter inves- parliamentary affairs division of Health Service tigated and to have a reply issued directly to the Executive reply directly to the Deputy on the Deputy. matters raised in his question. 190. Mr. Ring asked the Ta´naiste and Minister for Health and Children the locations in which Health Services. the 13 new specialist graduates in orthodontics 187. Mr. Ferris asked the Ta´naiste and Minister will be working within the Health Service Execu- for Health and Children if she will ensure that a tive; and if she will make a statement on the centre (details supplied) in County Kerry is matter. [31320/05] adequately provided for in the upcoming esti- mates; and if she will make a statement on the Ta´naiste and Minister for Health and Children matter. [31503/05] (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- sonal social services, which are the responsibility Minister of State at the Department of Health of the Health Service Executive under the Health and Children (Mr. S. Power): The Deputy’s ques- Act 2004. Accordingly, my Department has tion relates to the management and delivery of requested the parliamentary affairs division of health and personal social services, which are the the executive to arrange to have this matter inves- responsibility of the Health Service Executive tigated and to have a reply issued directly to the under the Health Act 2004. Accordingly, my Deputy. Department has requested the parliamentary affairs division of the executive to arrange to have 191. Mr. Ring asked the Ta´naiste and Minister this matter investigated and to have a reply issued for Health and Children the number of children directly to the Deputy. under treatment in each regional orthodontic department here. [31321/05] 188. Mr. P. McGrath asked the Ta´naiste and Minister for Health and Children her views on Ta´naiste and Minister for Health and Children the charging of student nurses by certain Dublin (Ms Harney): The Deputy’s question relates to hospitals for vaccinations which are obligatory for the management and delivery of health and per- that profession. [31318/05] sonal social services, which are the responsibility of the Health Service Executive under the Health Ta´naiste and Minister for Health and Children Act 2004. Accordingly, my Department has (Ms Harney): When the negotiations regarding requested the parliamentary affairs division of the transfer of undergraduate nursing education the executive to arrange to have this matter inves- to the third level sector were concluded it was tigated and to have a reply issued directly to the agreed that health screening and vaccinations Deputy. were issues for local health service agencies and should be dealt with accordingly. 192. Mr. F. McGrath asked the Ta´naiste and Minister for Health and Children the reason The Deputy’s question therefore, relates to the there is no occupational therapy service available management and delivery of health and personal for a person (details supplied) in Dublin 9; and if social services, which are the responsibility of the she will work with the Health Service Executive Health Service Executive under the Health Act, on this matter. [31323/05] 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive Minister of State at the Department of Health to arrange to have the matter investigated and to and Children (Mr. T. O’Malley): The Deputy’s have a reply issued directly to the Deputy. question relates to the management and delivery of health and personal social services, which are 189. Mr. Ring asked the Ta´naiste and Minister the responsibility of the Health Service Executive for Health and Children if the 13 new specialist under the Health Act 2004. Accordingly, my graduates in orthodontics are all contracted to a Department has requested the parliamentary three year commitment to their respective Health affairs division of the executive to arrange to have Service Executive; and if she will make a state- this matter investigated and to have a reply issued ment on the matter. [31319/05] directly to the Deputy. 209 Questions— 2 November 2005. Written Answers 210

Medical Cards. Cancer Screening Programme. 193. Mr. Perry asked the Ta´naiste and Minister 196. Mr. Fleming asked the Ta´naiste and Mini- for Health and Children the number of persons ster for Health and Children when a nationwide in County Sligo who hold medical cards; the cervical cancer screening programme will be in number of persons who held cards in County operation; and if she will make a statement on Sligo in 1995; and the number of medical card the matter. [31359/05] holders in the county for the years 1995 and to date in 2005. [31348/05] 197. Cecilia Keaveney asked the Ta´naiste and Minister for Health and Children the efforts being made to roll out a nationwide cervical can- Ta´naiste and Minister for Health and Children cer screening service on a systematic call or recall (Ms Harney): The Deputy’s question relates to programme; the timescale involved; and if she the management and delivery of health and per- will make a statement on the concept of early sonal social services, which are the responsibility detection being better than surgery. [31363/05] of the Health Service Executive under the Health Act 2004. Accordingly, my Department has Ta´naiste and Minister for Health and Children requested the parliamentary affairs division of (Ms Harney): I propose to take Questions Nos. the executive to arrange to have this matter inves- 196 and 197 together. tigated and to have a reply issued directly to the National population based screening prog- Deputy. rammes for cancer are only considered where clear evidence exists of the benefit to the whole Hospital Services. population to be screened. Population based scre- ening programmes for cervical screening have 194. Dr. Cowley asked the Ta´naiste and Mini- demonstrated their efficacy internationally. A ster for Health and Children the reason a person pilot cervical screening programme commenced (details supplied) in must travel to in October 2000 and is available to eligible Merlin Park Hospital, three times per women resident in the HSE mid-western region. week for kidney dialysis; and if she will make a Under the programme, cervical screening is being statement on the matter. [31354/05] offered, free of charge, to approximately 74,000 women in these three counties in the 25 to 60 age Ta´naiste and Minister for Health and Children group, at five year intervals. I am committed to (Ms Harney): The Deputy’s question relates to the national roll out of the cervical screening the management and delivery of health and per- programme in line with international best sonal social services, which are the responsibility practice. of the Health Service Executive under the Health An international expert examined the feasi- bility and implications of a national roll out of a Act 2004. Accordingly, my Department has cervical screening programme. The examination requested the parliamentary affairs division of included an evaluation of the current pilot prog- the executive to arrange to have this case investi- ramme, quality assurance, laboratory capacity gated and to have a reply issued directly to the and organisation and the establishment of Deputy. national governance arrangements. Following the publication of this report my Department under- Hospital Accommodation. took a consultative process with relevant pro- fessional and advocacy stakeholders. The con- 195. Mr. Perry asked the Ta´naiste and Minister sultative process is completed and my for Health and Children if she will intervene on Department will now discuss options for the roll behalf of a person (details supplied) in County out of the programme with the Health Service Sligo and have a public bed made available for Executive, including indicative timeliness. them; and if she will make a statement on the matter. [31356/05] Proposed Legislation. Minister of State at the Department of Health 198. Ms McManus asked the Ta´naiste and and Children (Mr. S. Power): The Deputy’s ques- Minister for Health and Children if new legis- tion relates to the management and delivery of lation relating to nursing homes is being contem- health and personal social services, which are the plated by her Department; and if she will make a statement on the matter. [31377/05] responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the 199. Ms McManus asked the Ta´naiste and Department has requested the parliamentary Minister for Health and Children if a review of affairs division of the executive to arrange to have nursing homes legislation has been carried out by this matter investigated and to have a reply issued her Department; and if she will make a statement directly to the Deputy. on the matter. [31378/05] 211 Questions— 2 November 2005. Written Answers 212

200. Ms McManus asked the Ta´naiste and 1990, set out the standards to which private nurs- Minister for Health and Children the person or ing homes must adhere. The Health Service organisations who participated in any such Executive currently carries out inspections in departmental review of existing legislation which private nursing homes. In the context of the governs the nursing homes sector; and if she will Health Bill 2005, the process has begun to review make a statement on the matter. [31379/05] the current system with a view to strengthening the powers available to those involved in 201. Ms McManus asked the Ta´naiste and inspecting facilities and to extend a strengthened Minister for Health and Children if the prep- inspection system to public facilities. aration of new nursing homes legislation was pre- It is also intended that the Bill will provide for ceded by a departmental review of existing legis- the setting and monitoring of standards for resi- lation which governs that sector; and if she will dential facilities for older people. To this end, the make a statement on the matter. [31380/05] Department has commenced a review of the Nursing Homes (Care and Welfare) Regulations 202. Ms McManus asked the Ta´naiste and 1993, and will be working in conjunction with the Minister for Health and Children the stage at HSE, the SSI and other relevant bodies, with the which the preparation of new nursing homes intention of developing a new set of standards legislation is; and if she will make a statement on that would apply to all residential services for the matter. [31381/05] older people. The Department is also currently working on 203. Ms McManus asked the Ta´naiste and primary legislation to expand the policies and Minister for Health and Children the aims and principles of the subvention scheme to facilitate core objectives of planned new legislation gov- implementation of the scheme by the HSE erning nursing homes; and if she will make a throughout the country, and it is the intention to statement on the matter. [31384/05] bring this legislation before the Oireachtas in the near future. It is also intended to increase the 204. Ms McManus asked the Ta´naiste and thresholds contained in the Nursing Homes Minister for Health and Children when new and (Subvention) Regulations 1993. These thresholds substantive legislation governing nursing homes have not been updated since being set in 1993 and will be enacted; and if she will make a statement increasing them will render an increased number on the matter. [31385/05] of people eligible for subvention.

208. Ms McManus asked the Ta´naiste and Health Services. Minister for Health and Children if a set of stan- dards designed to be applicable to all nursing 205. Mr. Ring asked the Ta´naiste and Minister homes has been developed; if not, the stage the for Health and Children the resources which are development of such standards is presently at; available to help persons, especially elderly per- and if she will make a statement on the sons, in rural areas with the provision of transport matter. [31407/05] to hospital for outpatient appointments or admis- sions especially those who have no means of 209. Ms McManus asked the Ta´naiste and transport, insufficient resources to hire transport Minister for Health and Children the way in and cannot avail of the public transport system which it is envisaged that any new legislation in due to a lack of service in their areas; and if she this area will interact with a set of standards to will make a statement on the matter. [31404/05] be applicable to all nursing homes; and if she will make a statement on the matter. [31408/05] Minister of State at the Department of Health and Children (Mr. S. Power): The Deputy’s ques- Minister of State at the Department of Health tion relates to the management and delivery of and Children (Mr. S. Power): I propose to take health and personal social services, which are the Questions Nos. 198 to 204, inclusive, and 208 and responsibility of the Health Service Executive 209 together. under the Health Act 2004. Accordingly, the It is the intention of the Department to put in Department has requested the parliamentary place a more robust regulatory system as quickly affairs division of the executive to arrange to have as possible to protect vulnerable older people and this matter investigated and to have a reply issued to provide for the highest possible standards of directly to the Deputy. care for older people in long-stay facilities. It is intended that the Health Bill 2005 will Mental Health Services. establish both the HIQA and the SSI on a statu- tory basis and will contain provisions to underpin 206. Ms McManus asked the Ta´naiste and a more robust inspectorial system. The Nursing Minister for Health and Children what plans she Homes (Care and Welfare) Regulations 1993, has under way to develop specialist mental health made under the Health (Nursing Homes) Act services, especially for eating disorders at a com- 213 Questions— 2 November 2005. Written Answers 214 munity and primary care level for young persons Ta´naiste and Minister for Health and Children here; and if she will make a statement on the (Ms Harney): The Deputy’s question relates to matter. [31405/05] the management and delivery of health and per- sonal social services, which are the responsibility 207. Ms McManus asked the Ta´naiste and of the Health Service Executive under the Health Minister for Health and Children if, in view of the Act 2004. Accordingly, my Department has fact that eating disorders are disabling conditions requested the parliamentary affairs division of which have a higher mortality rate than any other the executive to arrange to have the matter inves- psychiatric illness; her views on whether an eating tigated and to have a reply issued directly to the disorder will be covered under the Disability Bill Deputy. 2004 (details supplied); and if she will make a statement on the matter. [31406/05] Hospital Waiting Lists. 211. Mr. P. Breen asked the Ta´naiste and Mini- Minister of State at the Department of Health ster for Health and Children when a person and Children (Mr. T. O’Malley): I propose to (details supplied) in County Clare will receive an take Questions Nos. 206 and 207 together. ear and throat appointment; and if she will make Responsibility for the management and treat- a statement on the matter. [31417/05] ment of a person with an eating disorder rests with the individual patient’s clinician. However, Ta´naiste and Minister for Health and Children persons presenting with eating disorders are gen- (Ms Harney): The Deputy’s question relates to erally treated through the local psychiatric the management and delivery of health and per- services. Outpatient psychiatric services are pro- sonal social services, which are the responsibility vided from a network of hospitals, health centres, of the Health Service Executive under the Health day hospitals and day centres. Act 2004. Accordingly, my Department has Under the new Disability Act, the definition of requested the parliamentary affairs division of disability is based on the degree of disability and the executive to arrange to have this case investi- not on the type of illness. This means that all sev- gated and to have a reply issued directly to the ere and enduring, or chronic, mental illnesses Deputy. would be covered. It is most likely therefore that the severity of the eating disorder and the Health Services. patient’s prognosis would determine eligibility for 212. Mr. Stanton asked the Ta´naiste and Mini- services under the Act. ster for Health and Children if the Health Service An expert group on mental health policy is cur- Executive will pay for special footwear for chil- rently preparing a new national framework for dren who are prescribed same; and if she will the further modernisation of the mental health make a statement on the matter. [31420/05] services, updating the 1984 policy document Plan- ning for the Future. The expert group has a Ta´naiste and Minister for Health and Children number of sub-groups looking at specialist issues (Ms Harney): The Deputy’s question relates to in mental health services, including the develop- the management and delivery of health and per- ment of services and facilities for the treatment of sonal social services, which are the responsibility eating disorders. The report of the expert group is of the Health Service Executive under the Health expected to be published early in 2006. Act 2004. Accordingly, my Department has requested the parliamentary affairs division of Questions Nos. 208 and 209 answered with the executive to arrange to have this matter inves- Question No. 198. tigated and to have a reply issued directly to the Deputy.

Health Services. Irish Blood Transfusion Service. 210. Ms McManus asked the Ta´naiste and 213. Ms Lynch asked the Ta´naiste and Minister Minister for Health and Children if, in view of for Health and Children the position regarding the fact that efforts are being made to encourage the promised blood transfusion centre for the former nurses to return to the profession and Munster area; if the design team has been some of these nurses may be required to partici- appointed; if the capital funding is in place; the pate in refresher courses and that in some start date for the project; when the project will be instances there is limited availability of places on completed; and if she will make a statement on the courses, the number of courses available the matter. [31424/05] nationwide; the number of places available each year; the take-up and the numbers waiting to par- Ta´naiste and Minister for Health and Children ticipate in such courses; and if she will make a (Ms Harney): In 2004 the Irish Blood Transfusion statement on the matter. [31414/05] Service invested more than \3 million in the 215 Questions— 2 November 2005. Written Answers 216

[Ms Harney.] reflect the current qualifications required of per- refurbishment of its Cork centre to ensure com- sons recruited as psychologists within the public pliance with good manufacturing practice stan- health service as, since 2002, psychologists dards. As The House was informed last April, recruited to the public health service have been there is provision in the Capital Investment required to hold a post graduate qualification. Framework 2005 — 2009 for the appointment of a The qualification set out in the Bill for psychol- design team and commencement of the planning ogists under the transitional arrangements is process for a new Cork centre. This project is the instead designed to take proper account of those subject of ongoing consultations between the practitioners previously recruited to the public IBTS and my Department. health service and also those who are practising elsewhere who may not hold a post graduate Psychological Service. qualification. The current provisions in the Bill for the regis- 214. Mr. Connolly asked the Ta´naiste and tration of practising psychologists are appropriate Minister for Health and Children if her attention in the context of a transitional period and having has been drawn to the fact that her Department’s regard to arrangements in the public health minimum requirements for the practise of psy- service prior to 2002. I am conscious that any chology as set out in her 2002 declaration and as registrant — whether registered under the trans- recommended by the Psychological Society of itional provisions or otherwise — who does not Ireland are seriously undermined by the current meet the standard of proficiency and competence Health and Social Care Professionals Bill 2004, expected of registered professionals will be sub- which stipulates that a recognised university ject to the complaints, inquiries and disciplinary degree or diploma obtained with first or second procedures set out in the Bill. The Bill represents class honours in which psychology was taken as a a significant step forward in the protection of major subject, and honours obtained in that sub- the public. ject is sufficient to be included on the register of psychologists with no reference to a postgraduate qualification in psychology; and if she will make Health Services. a statement on the matter. [31425/05] 215. Mr. Connolly asked the Ta´naiste and Minister for Health and Children the locations of Ta´naiste and Minister for Health and Children facilities for the fitting of prostheses for patients (Ms Harney): The Health and Social Care Pro- who have undergone mastectomy surgery; her fessionals Bill 2004 provides for the establishment proposals to provide such facilities in the Health of a system of statutory registration for certain Service Executive north east region; and if she health and social care professionals, including will make a statement on the matter. [31426/05] psychologists, whether they are employed in the public service, the private health sector or are self Ta´naiste and Minister for Health and Children employed. Under section 38, responsibility for (Ms Harney): The Deputy’s question relates to the approval of qualifications attesting to the the management and delivery of health and per- standard of proficiency required for registration sonal social services, which are the responsibility will rest with the psychologists’ registration board of the Health Service Executive under the Health to be established under the Bill. Act 2004. Accordingly, my Department has The qualifications referred to by the Deputy requested the parliamentary affairs division of are those listed for existing practitioners as part the executive to arrange to have this matter inves- of the transitional arrangements set out in the Bill tigated and to reply directly to the Deputy. for their registration. These arrangements will apply for a period of two years from the establish- General Medical Services Scheme. ment of a register and include the provision that practitioners who hold a stated qualification and 216. Mr. Wall asked the Ta´naiste and Minister who have been in practice at any time during a for Health and Children the reason a person period of five years before the establishment of a (details supplied) in County Kildare in receipt of register shall be granted registration. A prac- a medical card has to pay for a doctor to complete titioner must also satisfy the registration board an application form for a driver’s licence; and if that he or she is a fit and proper person to engage she will make a statement on the matter. in the practice of that profession. [31466/05] The stated qualification for psychologists under the transitional arrangements for the registration Ta´naiste and Minister for Health and Children of existing practitioners is a recognised university (Ms Harney): Under the terms of the general degree or diploma obtained with first or second medical services scheme contract, participating class honours in which psychology was taken as a general practitioners undertake to provide a major subject and honours obtained in that sub- range of treatments and general practitioner ject. As indicated by the Deputy, this does not services for the patients on their GMS panel. 217 Questions— 2 November 2005. Written Answers 218

Their GMS contract obliges them to provide the Official Engagements. first and last certificates to explain work absence 221. Mr. Morgan asked the Ta´naiste and Mini- for their patients. All other requested certificates ster for Health and Children when she will hon- in respect of requirements for driving licences or our a commitment she made to Dundalk town life or assurance policies may incur charges. councillors on 18 May 2005 to visit the Louth County Hospital, Dundalk. [31506/05] Health Services. 217. Mr. J. Higgins asked the Ta´naiste and Ta´naiste and Minister for Health and Children Minister for Health and Children if her attention (Ms Harney): As the Deputy will be aware, I met has been drawn to the fact that Beaumont a delegation from Dundalk Town Council and local Oireachtas members last May at which a Hospital has discontinued enhanced external number of service issues relating to Louth County counter pulsation treatment. [31479/05] Hospital were discussed. I indicated to the del- egation my intention of visiting the hospital and 218. Mr. J. Higgins asked the Ta´naiste and hope to be in a position to do so shortly. Minister for Health and Children the reason enhanced external counter pulsation treatment has been discontinued at Beaumont Hospital. Health Services. [31480/05] 222. Mr. Morgan asked the Ta´naiste and Mini- ster for Health and Children if a similar financial 219. Mr. J. Higgins asked the Ta´naiste and proposition will be offered to Louth County Minister for Health and Children the location at Hospital, Dundalk, as was offered to Bantry which angina sufferers can avail of enhanced Hospital, wherein she would match each euro external counter pulsation treatment due to the raised through voluntary subscription towards the fact that this service has been discontinued at purchase of a CT scanner; and the further assist- Beaumont Hospital. [31481/05] ance she will offer in support of provision of necessary services at Louth County Hospital. Ta´naiste and Minister for Health and Children [31507/05] (Ms Harney): I propose to take Questions Nos. 217 to 219, inclusive, together. Ta´naiste and Minister for Health and Children The Deputy’s questions relate to the manage- (Ms Harney): The Deputy’s question relates to ment and delivery of health and personal social the management and delivery of health and per- services, which are the responsibility of the sonal social services, which are the responsibility Health Service Executive under the Health Act of the Health Service Executive under the Health 2004. Accordingly, my Department has requested Act 2004. Accordingly, my Department has the parliamentary affairs division of the executive requested the parliamentary affairs division of to arrange to have this matter investigated and to the executive to arrange to have this matter inves- have a reply issued directly to the Deputy. tigated and to have a reply issued directly to the Deputy. Hospital Staff. 223. Caoimhghı´nO´ Caola´in asked the Ta´naiste 220. Mr. Morgan asked the Ta´naiste and Mini- and Minister for Health and Children when a ster for Health and Children if a consultant sur- reply will issue from the Health Service Executive geon (details supplied) who has been suspended to Parliamentary Question No. 78 of 29 on full pay from Louth County Hospital, Dun- September 2005. [31514/05] dalk and whom a rights commissioner decided is entitled to a permanent position, will be re- Ta´naiste and Minister for Health and Children instated at the Louth County Hospital; if so, (Ms Harney): I have been advised by the Health when; and if she will make a statement on the Service Executive that a reply dated 28 October matter. [31505/05] 2005 issued directly to the Deputy.

Ta´naiste and Minister for Health and Children 224. Caoimhghı´nO´ Caola´in asked the Ta´naiste (Ms Harney): The Deputy’s question relates to and Minister for Health and Children when a the management and delivery of health and per- reply will issue from the Health Service Executive sonal social services, which are the responsibility to Parliamentary Question No. 79 of 29 of the Health Service Executive under the Health September 2005. [31515/05] Act 2004. Accordingly, my Department has requested the parliamentary affairs division of Ta´naiste and Minister for Health and Children the executive to arrange to have this matter inves- (Ms Harney): My Department is advised by the tigated and to have a reply issued directly to the Health Service Executive that a reply to Question Deputy. No. 79 of 29 September 2005, concerning 219 Questions— 2 November 2005. Written Answers 220

[Ms Harney.] fact that many people are seeking essential help Monaghan General Hospital, was issued to the from the clinic; the steps she has taken to ensure Deputy on 28 October 2005. that the extra financial resources requested by the clinic are allocated through the channels for Nursing Home Charges. which she has ultimate responsibility; and if she will make a statement on the matter. [31526/05] 225. Mr. Haughey asked the Ta´naiste and Mini- ster for Health and Children the reason 10 Minister of State at the Department of Health December 1998 was selected as the cut off point and Children (Mr. S. Power): The Deputy’s ques- for claims for refunds arising out of illegal charges tion relates to the management and delivery of collected from nursing home residents; if she will health and personal social services, which are the review this date; and if she will make a statement responsibility of the Health Services Executive on the matter. [31520/05] under the Health Act 2004. Accordingly, my Ta´naiste and Minister for Health and Children Department has requested the parliamentary (Ms Harney): The Government has agreed the affairs division of the executive to arrange to have key elements of a scheme for the repayment of this matter investigated and to have a reply issued long stay charges for publicly funded residential directly to the Deputy. care. On the basis of advice from the office of the Attorney General, my Department instructed the Hospital Waiting Lists. former health boards to immediately cease charging all fully eligible persons in receipt of in- 228. Ms McManus asked the Ta´naiste and patient services in publicly funded long stay insti- Minister for Health and Children her views tutions with effect from 9 December 2004. regarding a patient who has requested an ENT The decision to limit repayments to the estates appointment with a consultant at Beaumont of those who died in the past six years reflects the Hospital and received a letter confirming that at reference in the Supreme Court judgment to the the present time there is an average waiting time Statute of Limitations, “the State has available to of approximately four years; and if she will make it a defence of the Statue of Limitations, i.e. a 6 a statement on the matter. [31528/05] year limit”. The Government has had regard to what the Supreme Court said about the Statute Ta´naiste and Minister for Health and Children of Limitations in order to limit the scale of total (Ms Harney): The Deputy’s question relates to repayments which today’s taxpayer must fund the management and delivery of health and per- and I am satisfied the scheme strikes a fair sonal social services, which are the responsibility balance. The date 10 December 1998 is six years of the Health Service Executive under the Health prior to 9 December 2004. Act 2004. Accordingly, my Department has requested the parliamentary affairs division of Community Employment Schemes. the executive to arrange to have this matter inves- tigated and to have a reply issued directly to the 226. Mr. Haughey asked the Ta´naiste and Mini- Deputy. ster for Health and Children if she will main- stream the services currently provided through community employment schemes in centres run Health Services. by the Irish Wheelchair Association; the con- 229. Mr. Lowry asked the Ta´naiste and Mini- sideration which has been given to this issue to ster for Health and Children if her attention has date; and if she will make a statement on the been drawn to the crisis in speech therapy and matter. [31521/05] psychological services in the mid-western region; her proposals to improve the speech therapy and Minister of State at the Department of Health psychological services in the mid-western region; and Children (Mr. T. O’Malley): The main- and if she will make a statement on the streaming of community employment schemes matter. [31558/05] providing services for people with disabilities will be considered by my Department in the context Minister of State at the Department of Health of the Estimates process for 2006. and Children (Mr. T. O’Malley): The Deputy’s question relates to the management and delivery Health Services. of health and personal social services, which are 227. Mr. Quinn asked the Ta´naiste and Mini- the responsibility of the Health Service Executive ster for Health and Children if she has received under the Health Act 2004. Accordingly, my representations from persons seeking to ensure Department has requested the parliamentary that adequate financial resources are given to the affairs division of the executive to arrange to have weight management clinic at Loughlinstown this matter investigated and to have a reply issued Hospital; if her attention has been drawn to the directly to the Deputy. 221 Questions— 2 November 2005. Written Answers 222

230. Mr. Lowry asked the Ta´naiste and Mini- 234. Mr. Lowry asked the Ta´naiste and Mini- ster for Health and Children the number of nurs- ster for Health and Children the number of ing staff employed in each hospital in the mid- ambulance patient transfers from St. Joseph’s western region and nationally, each month from Hospital, Nenagh, County Tipperary, to other January 2002 to date in 2005; and the total hospitals in each month from January 2002 to monthly salary bill for same. [31559/05] date; and the hospitals to which transfers were made; and if she will make a statement on the Ta´naiste and Minister for Health and Children matter. [31563/05] (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- Ta´naiste and Minister for Health and Children sonal social services, which are the responsibility (Ms Harney): The Deputy’s question relates to of the Health Service Executive under the Health the management and delivery of health and per- Act 2004. Accordingly, my Department has sonal social services, which are the responsibility requested the parliamentary affairs division of of the Health Service Executive under the Health the executive to arrange to have the matter inves- Act 2004. Accordingly, my Department has tigated and to have a reply issued directly to the requested the parliamentary affairs division of Deputy. the executive to arrange to have this matter inves- tigated and to have a reply issued directly to the 231. Mr. Lowry asked the Ta´naiste and Mini- Deputy. ster for Health and Children the number of agency nursing staff employed in each hospital in Hospital Accommodation. the mid-western region and nationally, each month from January 2002 to date; and the total 235. Mr. Lowry asked the Ta´naiste and Mini- monthly salary bill for same. [31560/05] ster for Health and Children the average number of beds reserved at the Mid-Western Regional Hospital, Limerick, for patients transferring from Ta´naiste and Minister for Health and Children St. Joseph’s Hospital, Nenagh, County Tipperary; (Ms Harney): The Deputy’s question relates to the number reserved per month from January the management and delivery of health and per- 2002 to date in 2005; and if she will make a state- sonal social services, which are the responsibility ment on the matter. [31564/05] of the Health Service Executive under the Health Act 2004. Accordingly, my Department has Ta´naiste and Minister for Health and Children requested the parliamentary affairs division of (Ms Harney): The Deputy’s question relates to the executive to arrange to have the matter inves- the management and delivery of health and per- tigated and to have a reply issued directly to the sonal social services, which are the responsibility Deputy. of the Health Service Executive under the Health Act 2004. Accordingly, the Department of Health 232. Mr. Lowry asked the Ta´naiste and Mini- and Children has asked the parliamentary affairs ster for Health and Children the number of man- division of the HSE to arrange to have the matter agement staff employed in the mid-western investigated and for a reply to issue directly to region each month from January 2002 to date; the Deputy. and the total monthly salary bill for same. [31561/05] Ambulance Service. 233. Mr. Lowry asked the Ta´naiste and Mini- 236. Mr. Lowry asked the Ta´naiste and Mini- ster for Health and Children the number of ster for Health and Children the number of administrative staff employed in the mid-western ambulances reserved for patient transfers only in region each month from January 2002 to date; the mid-western region; the number of emer- and the total monthly salary bill for same. gency ambulances at each base in the region; and [31562/05] if she will make a statement on the matter. [31565/05] Ta´naiste and Minister for Health and Children (Ms Harney): I propose to take Questions Nos. Ta´naiste and Minister for Health and Children 232 and 233 together. (Ms Harney): The Deputy’s question relates to The Deputy’s questions relate to human the management and delivery of health and per- resource management issues within the Health sonal social services, which are the responsibility Service Executive. As these are a matter for the of the Health Service Executive under the Health executive under the Health Act 2004, my Depart- Act 2004. Accordingly, the Department of Health ment has requested the parliamentary affairs div- and Children has asked the parliamentary affairs ision of the executive to arrange to have these division of the HSE to arrange to have the matter matters investigated and to have a reply issued investigated and for a reply to issue directly to directly to the Deputy. the Deputy. 223 Questions— 2 November 2005. Written Answers 224

Hospital Waiting Lists. number of regions, including the mid-west, hav- ing regard to agreed priorities. As the continuing 237. Mr. Ring asked the Ta´naiste and Minister development of such services is a matter for the for Health and Children when a person (details HSE, having regard to available funding, accord- supplied) in County Mayo will be called for ingly, the Department of Health and Children physiotherapy in Ballina. [31642/05] will ask the parliamentary affairs division of the Ta´naiste and Minister for Health and Children HSE to arrange to have the matter investigated (Ms Harney): The Deputy’s question relates to and for a reply to issue directly to the Deputy. the management and delivery of health and per- sonal social services, which are the responsibility Hospital Waiting Lists. of the Health Service Executive under the Health 240. Ms O’Sullivan asked the Ta´naiste and Act 2004. Accordingly, the Department of Health Minister for Health and Children if she will pub- and Children has asked the parliamentary affairs lish details including demographic profiles of all division of the HSE to arrange to have the matter those currently waiting for orthodontic treatment investigated and for a reply to issue directly to in Limerick city and county; and if she will make the Deputy. a statement on the matter. [31645/05] 238. Mr. Ring asked the Ta´naiste and Minister for Health and Children when a person (details Ta´naiste and Minister for Health and Children supplied) in County Mayo will be called for an (Ms Harney): The Deputy’s question relates to urgent MRI scan. [31643/05] the management and delivery of health and per- sonal social services, which are the responsibility Ta´naiste and Minister for Health and Children of the Health Service Executive under the Health (Ms Harney): The Deputy’s question relates to Act 2004. Accordingly, the Department of Health the management and delivery of health and per- and Children has asked the parliamentary affairs sonal social services, which are the responsibility division of the HSE to arrange to have the matter of the Health Service Executive under the Health investigated and for a reply to issue directly to Act 2004. Accordingly, the Department of Health the Deputy. and Children has asked the parliamentary affairs division of the HSE to arrange to have the matter Health Services. investigated and for a reply to issue directly to 241. Ms Harkin asked the Ta´naiste and Mini- the Deputy. ster for Health and Children her plans to locate a satellite radiation oncology unit in Sligo; and if Health Service Staff. this unit will be in place by 2011. [31646/05] 239. Ms O’Sullivan asked the Ta´naiste and Minister for Health and Children her plans to Ta´naiste and Minister for Health and Children progress the appointment of a neurologist and (Ms Harney): The national radiation oncology associated resources for the mid-west region; and plan, which I announced last July, provides for an if she will make a statement on the matter. integrated network of radiation oncology services [31644/05] that will ensure equitable access for patients throughout the country. Patients in the north- Ta´naiste and Minister for Health and Children west, including Sligo, are currently being referred (Ms Harney): Under the Health Act 2004, which for radiation oncology treatment to the recently established the Health Service Executive on 1 commissioned radiation oncology department at January 2005, the HSE is responsible for manag- University College Hospital Galway and to St. ing and delivering, or arranging to be delivered Luke’s Hospital in Dublin. The new radiation on its behalf, health and personal social services. oncology centre, which is being provided at Beau- Therefore, it is responsible for the provision of mont Hospital on the north side of Dublin city as neurology services. part of the national radiation oncology services The Comhairle report on neurology and neuro- network, will cater for the needs of patients in the physiology, which was published in April 2003, north-west, including Sligo. The precise patient recommended significant enhancement of such referral pattern, which will be a matter for the services, including the appointment of consultants Health Service Executive, will be factored into in Limerick. Following the publication of the the planning of the national network. report, my predecessor, Deputy Martin, endorsed The Government is considering the option of the report’s recommendations and wrote to the facilitating access for patients in the north-west, health boards to urge them to progress the mainly County Donegal, to radiation oncology recommendations as the funding available per- services as part of North-South co-operation on mitted. Additional revenue funding was made cancer. I have met the Minister for Health for available in 2005 to support the development of Northern Ireland, Mr. Shaun Woodward MP, to neurology and neurophysiology services in a discuss access by patients mainly in the north- 225 Questions— 2 November 2005. Written Answers 226 west to radiation oncology services in Belfast City and Children has asked the parliamentary affairs Hospital. A state-of-the-art facility is scheduled division of the HSE to arrange to have the matter to open in Belfast in March 2006. I will meet the investigated and for a reply to issue directly to Northern Ireland Minister, Mr. Woodward, again the Deputy. to make further progress on the Government’s position on radiation oncology. Officials from the Drugs Payment Scheme. Department of Health and Children will soon meet officials from the Northern Ireland Depart- 245. Dr. Upton asked the Ta´naiste and Mini- ment of Health, Social Services and Public Safety. ster for Health and Children if the entitlement of a person (details supplied) in County Dublin to 242. Mr. P. Breen asked the Ta´naiste and Mini- be included in their parents’ entitlement to the ster for Health and Children when a person drugs refund scheme will be reviewed. (details supplied) in County Clare will be facili- [31650/05] tated with a lift; and if she will make a statement on the matter. [31647/05] Ta´naiste and Minister for Health and Children (Ms Harney): The statutory basis for the drug Minister of State at the Department of Health payment scheme is section 59(2) of the Health and Children (Mr. S. Power): The Deputy’s ques- Act 1970, which states that the HSE will make tion relates to the management and delivery of arrangements to meet the balance of the cost, or health and personal social services, which are the a portion thereof, for expenditure on drugs, medi- responsibility of the Health Service Executive cines and medical and surgical appliances for the under the Health Act 2004. Accordingly, the treatment of a person or his or her dependants. Department of Health and Children has asked Family expenditure covers the nominated adult, the parliamentary affairs division of the HSE to his or her spouse, including a person with whom arrange to have the matter investigated and for a he or she is living as husband or wife, and chil- reply to issue directly to the Deputy. dren under the age of 18. Dependants over the age of 18 and under the age of 23 who are in full- time education may also be included. A depend- Hospital Services. ant with a physical disability or a mental handicap 243. Mr. Ferris asked the Ta´naiste and Minister or illness who cannot maintain himself or herself for Health and Children her views on the state- fully and does not hold a current medical card ment made by a person (details supplied) at may be included in the family expenditure under Kerry General Hospital regarding their frus- the scheme. I have no plans to amend the con- tration at the lack of adequate staffing and ditions of the scheme. resources in the hospital. [31648/05] Food Labelling. Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to 246. Mr. Timmins asked the Ta´naiste and Mini- the management and delivery of health and per- ster for Health and Children the position regard- sonal social services, which are the responsibility ing labelling requirements for country markets; of the Health Service Executive under the Health and if additional requirements, similar to those Act 2004. Accordingly, the Department of Health imposed on big commercial enterprises, are not and Children has asked the parliamentary affairs imposed on these market suppliers. [31705/05] division of the HSE to arrange to have the matter investigated and for a reply to issue directly to Minister of State at the Department of Health the Deputy. and Children (Mr. S. Power): The general label- ling of foodstuffs in this country is controlled under the European Communities (Labelling, Hospital Waiting Lists. Presentation and Advertising of Foodstuffs) 244. Mr. Hogan asked the Ta´naiste and Mini- Regulations 2002 to 2005. The regulations apply ster for Health and Children when an operation to the labelling of pre-packaged foodstuffs for will be carried out for a person (details supplied) sale to the ultimate consumer or for supply to in County at Waterford Regional mass caterers. The principle underlying food Hospital; and if she will make a statement on the labelling is that the purchaser must not be misled. matter. [31649/05] Therefore, pre-packaged food sold at markets is not exempt from the labelling requirements Ta´naiste and Minister for Health and Children which apply to such food sold by other means. (Ms Harney): The Deputy’s question relates to However, foodstuffs sold loose — without pre- the management and delivery of health and per- packaging — such as olives sold from drums or sonal social services, which are the responsibility cheese sliced at the request of the consumer need of the Health Service Executive under the Health only indicate the name of the food, either on the Act 2004. Accordingly, the Department of Health label or displayed on a notice near the food. 227 Questions— 2 November 2005. Written Answers 228

Hospital Waiting Lists. Public Relations Contracts. 247. Mr. Fleming asked the Ta´naiste and Mini- 250. Mr. P. McGrath asked the Ta´naiste and ster for Health and Children when a person Minister for Health and Children the number and (details supplied) in County Laois will undergo value of contracts awarded for public relations surgery. [31712/05] projects by her Department since December 2004. [31744/05] Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to Ta´naiste and Minister for Health and Children the management and delivery of health and per- (Ms Harney): The information requested is being sonal social services, which are the responsibility collated in the Department of Health and Chil- of the Health Service Executive under the Health dren and will be forwarded directly to the Deputy Act 2004. Accordingly, the Department of Health as soon as possible. and Children has asked the parliamentary affairs division of the HSE to arrange to have the matter Ministerial Staff. investigated and for a reply to issue directly to 251. Mr. P. McGrath asked the Ta´naiste and the Deputy. Minister for Health and Children the number of civil servants and other staff employed in her con- Care of the Elderly. stituency office; and the grade and remuneration of each. [31759/05] 248. Caoimhghı´nO´ Caola´in asked the Ta´naiste and Minister for Health and Children the steps Ta´naiste and Minister for Health and Children she is taking to have the long promised and much (Ms Harney): Three civil servants and two needed senior citizen day care service established officers who are not civil servants are employed at a centre (details supplied) in County Cavan; if in my constituency office. The personal assistant proposals are under active consideration within employed in the office is paid \52,921 per annum. the Health Service Executive to have the service The personal secretary employed in the office is in place within a short period of time; if the paid \47,561 per annum. The three clerical service being considered is a five-day Monday to officers employed in the office are paid \33,436, Friday service; and if she will make a statement \30,168 and \29,177 per annum, respectively. on the matter. [31727/05] Consultancy Contracts. Minister of State at the Department of Health and Children (Mr. S. Power): The Deputy’s ques- 252. Mr. P. McGrath asked the Ta´naiste and tion relates to the management and delivery of Minister for Health and Children the number and health and personal social services, which are the value of contracts awarded to outside consultants responsibility of the Health Service Executive by her Department in each of the past five years; under the Health Act 2004. Accordingly, the the details of the contracts involved; and if these Department of Health and Children has asked projects have reached fruition. [31774/05] the parliamentary affairs division of the HSE to arrange to have the matter investigated and for a Ta´naiste and Minister for Health and Children reply to issue directly to the Deputy. (Ms Harney): The information requested is being collated in the Department of Health and Chil- dren and will be forwarded directly to the Deputy Services for People with Disabilities. as soon as possible. 249. Mr. Stagg asked the Ta´naiste and Minister for Health and Children the reason for the delay Ministerial Staff. in supplying a new wheelchair to a person (details 253. Mr. P. McGrath asked the Ta´naiste and supplied) in County Kildare; and if she will make Minister for Health and Children the number of a statement on the matter. [31739/05] civil servants and other staff in her press office; and the grade and remuneration of each staff Minister of State at the Department of Health member. [31789/05] and Children (Mr. T. O’Malley): The Deputy’s question relates to the management and delivery Ta´naiste and Minister for Health and Children of health and personal social services, which are (Ms Harney): Five civil servants and one officer the responsibility of the Health Service Executive who is not a civil servant are employed in my under the Health Act 2004. Accordingly, the press office. The press officer in the office is paid Department of Health and Children has asked \106,575 per annum. The higher executive officer the parliamentary affairs division of the HSE to in the office is paid \46,558 per annum. The two arrange to have the matter investigated and for a executive officers in the office are paid \43,897 reply to issue directly to the Deputy. and \30,067 per annum, respectively. The two 229 Questions— 2 November 2005. Written Answers 230 clerical officers in the office are paid \30,168 and long stay charges for publicly funded residential \29,594 per annum, respectively. care. The full details of the scheme have yet to be finalised. Those who were charged and are still Health Service Staff. alive and the estates of all those who were charged and died in the six years prior to 9 254. Mr. Ring asked the Ta´naiste and Minister December 2004 will have the charges repaid in for Health and Children the names of the persons full. The scheme will not allow for repayments to employed as drivers for Westdoc; the numbers be made to the estates of those who died more that are employed at present; the location of the than six years before that date. The repayments advertisements for this work; if they were placed will include the actual charge paid and an amount in newspapers; the number of persons who sub- to take account of inflation, using the consumer mitted applications for this work; the number of price index, in the time since the person in ques- persons who were interviewed for these positions; tion was charged. the number who were successful in securing such The HSE has informed the Department of work; if it was a criterion that a person had to be Health and Children that an outside company retired from another job to be recruited as a with experience in handling mass claims will be driver for Westdoc; and if she will make a state- ment on the matter. [31809/05] engaged by the end of the month to provide an independent input into the design and admini- Ta´naiste and Minister for Health and Children stration of the scheme. I intend to bring legis- (Ms Harney): The Deputy’s question relates to lation before the Oireachtas in the next the management and delivery of health and per- parliamentary session. Repayments should com- sonal social services, which are the responsibility mence shortly after the Bill is approved and of the Health Service Executive under the Health signed into law. Act 2004. Accordingly, the Department of Health and Children has asked the parliamentary affairs Hospital Accommodation. division of the HSE to arrange to have the matter investigated and for a reply to issue directly to 257. Mr. Kehoe asked the Ta´naiste and Mini- the Deputy. ster for Health and Children when a facility (details supplied) in County Wexford will be con- sidered for funding; and if she will make a state- Hospital Services. ment on the matter. [31866/05] 255. Ms O. Mitchell asked the Ta´naiste and Minister for Health and Children if she will 271. Mr. Kehoe asked the Ta´naiste and Mini- increase the resources of the weight management ster for Health and Children when a facility clinic in Loughlinstown Hospital to ensure more (details supplied) in County Wexford will be suitable premises and an ability to treat more granted funding for new accommodation; and if patients. [31810/05] she will make a statement on the matter. [31984/05] Minister of State at the Department of Health and Children (Mr. S. Power): The Deputy’s ques- Minister of State at the Department of Health tion relates to the management and delivery of and Children (Mr. S. Power): I propose to take health and personal social services, which are the Questions Nos. 257 and 271 together. responsibility of the Health Service Executive The Deputy’s question relates to the manage- under the Health Act 2004. Accordingly, the ment and delivery of health and personal social Department of Health and Children has asked services, which are the responsibility of the the parliamentary affairs division of the HSE to Health Service Executive under the Health Act arrange to have the matter investigated and for a 2004. Accordingly, the Department of Health and reply to issue directly to the Deputy. Children has asked the parliamentary affairs div- ision of the HSE to arrange to have the matter Nursing Home Subventions. investigated and for a reply to issue directly to 256. Mr. Timmins asked the Ta´naiste and Mini- the Deputy. ster for Health and Children the position in relation to repayments to residents of publicly International Agreements. funded long stay care homes for a person (details supplied) in County Wicklow; if payment will be 258. Ms McManus asked the Ta´naiste and made; and if she will make a statement on the Minister for Health and Children the status of matter. [31812/05] ratification with regard to the Framework Con- vention on Tobacco Control; the reason for the Ta´naiste and Minister for Health and Children delays in ratifying this convention; her plans for (Ms Harney): The Government has agreed the ratification going forward; and if she will make a key elements of a scheme for the repayment of statement on the matter. [31867/05] 231 Questions— 2 November 2005. Written Answers 232

Minister of State at the Department of Health menting the arrangements for dealing with and Children (Mr. S. Power): I intend to bring a parliamentary questions within the wider HSE. I motion before the Oireachtas tomorrow seeking am satisfied that the HSE is continuing to approval for the ratification by Ireland of the develop its structures and its capacity for dealing Framework Convention on Tobacco Control. The with parliamentary affairs as a matter of priority. convention is an initiative of the World Health It is fully committed to enhancing its performance Organisation in response to the global epidemic in providing timely replies to Members of the of tobacco addiction. The treaty, which was Oireachtas. I have been advised by the adopted unanimously by the World Health parliamentary affairs division of the HSE that a Assembly in May 2003 and signed by Ireland in reply was recently issued in respect of the ques- September 2003, provides an agreed approach to tion referred to by the Deputy. I regret that the tobacco control at a global level. It will be the HSE did not reply, in this instance, at an earlier first binding international treaty that addresses all date. The Department will be bringing this delay aspects of tobacco control, including the tradit- to the attention of the HSE. ional health interventions such as advertising and sponsorship bans, passive smoking and retail Ambulance Service. licensing, economic and trade issues such as tax- ation policy, international trade and smuggling 260. Mr. Gormley asked the Ta´naiste and Mini- and other areas such as product specification and ster for Health and Children if her attention has issues of compensation and liability. been drawn to the fact that ambulance drivers in Ireland, which is a strong advocate of effective the Dublin area must fill out a patient care report; tobacco control policies and the Framework Con- her views on whether the information required vention on Tobacco Control, has consistently on this report is too comprehensive and imposes pressed certain policies nationally and inter- a huge burden on ambulance drivers; and if she nationally to protect public health and reduce will raise this matter with the Health Service deaths from tobacco related illnesses. Ratification Executive or other relevant bodies; and if she will by 40 states is necessary to enable the treaty to make a statement on the matter. [31869/05] come into force. This figure was achieved at the end of last year. Ireland is committed to effective Ta´naiste and Minister for Health and Children tobacco control policies. Its smoke-free work- (Ms Harney): The Department of Health and place initiative, which commenced in March 2004, Children has been advised that following wide has drawn favourable comment from public consultation, and with support from the chief health authorities throughout the world as an ambulance officers of the former health boards, effective public health instrument in tackling the the patient report form that is in use by the negative health effects of tobacco smoking. A ambulance sector in the Dublin area was pro- number of other jurisdictions are using the Irish duced by the chief fire officer of Dublin Fire experience as a basis for health interventions of Brigade, SIPTU, ATGWU and the Pre-Hospital a similar nature. Emergency Care Council, which is the association of ambulance personnel. The council’s principal remit is the development of standards in pre- Health Services. hospital emergency care and the accreditation of 259. Mr. Gormley asked the Ta´naiste and Mini- institutions which provide training to ambulance ster for Health and Children further to Question personnel. No. 129 of 22 June 2005, if her attention has been The purpose of the form is to provide accurate, drawn to the fact that this Deputy has received robust and timely data on the continuum of care no reply from the Health Service Executive; her to the patient between the pre-hospital emer- views on whether the parliamentary affairs div- gency care provider and the receiving health care ision of the executive is not operating effectively; professionals in hospitals. The Department has and if a reply to the question will issue; and if she been advised by the council that the information will make a statement on the matter. [31868/05] collected is similar to that collected by other pre- hospital emergency care services around the Ta´naiste and Minister for Health and Children world, including those in the UK, USA and (Ms Harney): The Department of Health and Australia. The Department has referred the Children is working closely with the Health Deputy’s question to the Pre-Hospital Emer- Service Executive to develop a parliamentary gency Care Council for a more detailed reply. affairs division, under the chief executive, to dis- tribute parliamentary questions and to track them Hospital Services. within the HSE to the point of reply. The HSE’s parliamentary affairs division, which commenced 261. Ms McManus asked the Ta´naiste and operations at the beginning of April when a cen- Minister for Health and Children the status of the tral office was established, has done a great deal sub-committee to deliver transport solutions to of good work to date in devising and imple- ensure equal access to cancer treatment for 233 Questions— 2 November 2005. Written Answers 234 patients nationwide; and if she will make a state- Health Service Executive. As the HSE is respon- ment on the matter. [31870/05] sible for such issues under the Health Act 2004, the Department of Health and Children has Ta´naiste and Minister for Health and Children asked the parliamentary affairs division of the (Ms Harney): As I have previously indicated in HSE to arrange to have the matter investigated the House, appropriate transport arrangements and for a reply to issue directly to the Deputy. for patients requiring radiotherapy should be made available, where necessary, by the Health Health Services. Service Executive. The Department of Health and Children asked the HSE last May to ensure 263. Dr. Twomey asked the Ta´naiste and Mini- that appropriate transport arrangements are put ster for Health and Children if Question No. 66 in place on a national basis for patients who are of 29 June 2005 was sent to the Health Service required to travel to obtain radiotherapy. Trans- Executive parliamentary affairs division for reply port solutions are a feature of the current pro- as stated in her reply to same; the reason the vision of radiation oncology services. The Depart- parliamentary affairs division of the HSE has no ment has asked the HSE to advise the Deputy record of receiving the parliamentary question; if directly about current and proposed transport she will answer this parliamentary question arrangements for radiation oncology patients directly; and if she will make a statement on the throughout the country. matter. [31899/05] Last July, I announced the Government’s plan for a national network of radiation oncology Ta´naiste and Minister for Health and Children services to be put in place by 2011 and commen- (Ms Harney): It appears that the normal pro- cing in 2008. The network will consist of four cedure for the referral by the Department of large centres in Dublin, Cork and Galway and Health and Children to the Health Service two integrated satellite centres at Waterford Executive of the original question raised by the Regional Hospital and Limerick Regional Deputy was not followed through in this case. I Hospital. The Government considers that the regret that such a failure occurred. I propose that best option in terms of improving geographic the question will be answered directly, as access for patients in the north-western area is requested by the Deputy. Unfortunately, the to facilitate access for those patients to radiation Department does not routinely collect the infor- oncology services as part of North-South co-oper- mation requested and it is not possible to provide ation on cancer. Appropriate transport arrange- the information sought within the timeframe for ments will form part of the planning and imple- this reply. I will write to the Deputy in the near mentation of this plan, given the significant future to give him my response to his request increase in capacity involved. The national radi- for information. ation oncology co-ordinating group advises the Department and the HSE on radiotherapy. In Departmental Funding. that light and given that under the Health Act 2004, the HSE is responsible for the management 264. Mr. Carey asked the Ta´naiste and Minister and delivery of health and personal social for Health and Children if there is any source of services, the group does not intend to prepare a funding within her Department which would specific report on transport. The group, which has assist CASA to have a secure funding stream to met three times this year, is finalising quality support the running of its two break houses as standards for the provision of radiation oncology currently only 2.3% of the organisation’s income services for public patients. I expect the standards comes from public funds (details supplied); and if to be submitted to me shortly. she will make a statement on the matter. [31920/05] Health Service Allowances. Minister of State at the Department of Health 262. Mr. Crawford asked the Ta´naiste and and Children (Mr. T. O’Malley): The Deputy’s Minister for Health and Children her views on question relates to the management and delivery the fact that persons who provide home help and of health and personal social services, which are home care have to wait over a year to receive the responsibility of the Health Service Executive payment of their travel expenses; if she will take under the Health Act 2004. Accordingly, the the action necessary to ensure that persons who Department of Health and Children has asked carry out this service are given their allowance in the parliamentary affairs division of the HSE to a reasonable and proper time; and if she will arrange to have the matter investigated and for a make a statement on the matter. [31895/05] reply to issue directly to the Deputy.

Ta´naiste and Minister for Health and Children Medical Cards. (Ms Harney): The Deputy’s question relates to human resource management issues within the 265. Mr. McGuinness asked the Ta´naiste and 235 Questions— 2 November 2005. Written Answers 236

[Mr. McGuinness.] Ta´naiste and Minister for Health and Children Minister for Health and Children if an application (Ms Harney): As the Deputy’s question relates to form for a medical card in the name of persons the operation of the National Treatment Pur- (details supplied) will be expedited; and if she will chase Fund, the Department of Health and Chil- make a statement on the matter. [31928/05] dren has asked the chief executive of the fund to respond to the Deputy in respect of the infor- Ta´naiste and Minister for Health and Children mation requested. (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- Medical Aids and Appliances. sonal social services, which are the responsibility 269. Mr. P. Breen asked the Ta´naiste and Mini- of the Health Service Executive under the Health ster for Health and Children further to Question Act 2004. Accordingly, the Department of Health No. 269 of 28 September 2005, when a person and Children has asked the parliamentary affairs (details supplied) in County Clare will be facili- division of the HSE to arrange to have the matter tated with a designed bed; and if she will make a investigated and for a reply to issue directly to statement on the matter. [31951/05] the Deputy. Minister of State at the Department of Health Health Services. and Children (Mr. T. O’Malley): The Deputy’s question relates to the management and delivery 266. Mr. Lowry asked the Ta´naiste and Mini- of health and personal social services, which are ster for Health and Children the status of an the responsibility of the Health Service Executive application; and when a payment will be made to under the Health Act 2004. As the Deputy is a person (details supplied) in County Cork. aware, the specially designed bed was ordered by [31930/05] the HSE on behalf of the person in question. The Department of Health and Children has asked Minister of State at the Department of Health the parliamentary affairs division of the HSE to arrange to have the matter investigated and for a and Children (Mr. S. Power): The Deputy’s ques- reply to issue directly to the Deputy. tion relates to the management and delivery of health and personal social services, which are the 270. Mr. P. Breen asked the Ta´naiste and Mini- responsibility of the Health Service Executive ster for Health and Children further to under the Health Act 2004. Accordingly, the Parliamentary Question No. 342 of 28 September Department of Health and Children has asked 2005, when a person (details supplied) in County the parliamentary affairs division of the HSE to Clare will be facilitated with a special chair; and arrange to have the matter investigated and for a if she will make a statement on the matter. reply to issue directly to the Deputy. [31952/05]

Minister of State at the Department of Health Legal Definitions. and Children (Mr. S. Power): The Deputy’s ques- 267. Mr. Lowry asked the Ta´naiste and Mini- tion relates to the management and delivery of ster for Health and Children the legal definition health and personal social services, which are the of the term general hospital. [31931/05] responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary Tanaiste and Minister for Health and Children ´ affairs division of the executive to arrange to have (Ms Harney): The Health Acts define the term this matter investigated and to have a reply issued “institution” as meaning a hospital, sanatorium, directly to the Deputy. maternity home, convalescent home, preventor- ium, laboratory, clinic, health centre, first aid Question No. 271 answered with Question station, dispensary or any similar institution. No. 257. However, the terms “hospital” and “general hospital” are not themselves defined in the Acts. Medical Cards. 272. Mr. Kenny asked the Ta´naiste and Mini- National Treatment Purchase Fund. ster for Health and Children the cost of providing doctor only medical cards to 200,000 persons; and 268. Mr. Lowry asked the Ta´naiste and Mini- if she will make a statement on the matter. ster for Health and Children the number and cost [31985/05] of each type of operation carried out from 2004 to date in 2005 under the National Treatment Ta´naiste and Minister for Health and Children Purchase Fund; the amount spent by the National (Ms Harney): The estimated cost of providing Treatment Purchase Fund on operations in the 200,000 GP visit cards is in the region of \50 mil- same period; and if she will make a statement on lion in a full year. GP visit cards will be granted the matter. [31932/05] to individuals and families based on income 237 Questions— 2 November 2005. Written Answers 238 guidelines 25% over the medical card income relation to a new location for the General Regis- guidelines. However, the Health Service Execu- trar Office, GRO, research facility. A suitable tive, HSE, has discretion to grant a GP visit card location has been identified in Dublin city centre to persons whose income is in excess of the guide- and a draft feasibility study was recently com- lines but for whom, in the opinion of the HSE, it pleted. Further discussions are required between would be unduly burdensome to meet the cost of GRO and OPW to progress the matter. It is general practitioner services. hoped to eventually provide an on-line research facility and the financing options for such a 273. Mr. Kenny asked the Ta´naiste and Mini- facility will be considered in due course. ster for Health and Children the number of per- sons with intellectual and physical disabilities Health Service Staff. with a medical card; the estimated number of per- sons with intellectual and physical disabilities 275. Mr. McGinley asked the Ta´naiste and without a medical card; and if she will make a Minister for Health and Children the position statement on the matter. [31986/05] regarding home helps employed by the Health Service Executive who, when going on their Ta´naiste and Minister for Health and Children holidays, do not receive any holiday pay; and if (Ms Harney): The Deputy’s question relates to she will make a statement on the matter. the management and delivery of health and per- [32010/05] sonal social services, which are the responsibility of the Health Service Executive under the Health Ta´naiste and Minister for Health and Children Act 2004. Accordingly, my Department has (Ms Harney): The Deputy’s question relates to requested the parliamentary affairs division of human resource management issues within the the executive to arrange to have this matter inves- Health Service Executive. As this is a matter for tigated and to have a reply issued directly to the the executive under the Health Act 2004, my Deputy. Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued Civil Registration. directly to the Deputy. 274. Ms C. Murphy asked the Ta´naiste and Minister for Health and Children the position 276. Ms C. Murphy asked the Ta´naiste and regarding the relocation of the Lombard House Minister for Health and Children the number of based civil registration research facility; if she speech therapists, occupational therapists and intends to provide an on-line research facility physiotherapists employed by the Health Service when the records are fully computerised; if con- Executive and the areas in which they are sideration has been given to such a facility being located. [32011/05] self-financing; and if she will make a statement on the matter. [31987/05] Ta´naiste and Minister for Health and Children (Ms Harney): The information requested by the Ta´naiste and Minister for Health and Children Deputy is set out in the following table. The table (Ms Harney): The administration of the system reflects the numbers employed at end-June, 2005 of civil registration, including research, is statu- and figures are expressed as wholetime equiv- torily a matter for an tArd-Chla´raitheoir, Regis- alents. The Deputy may wish to note, however, trar General, of births, marriages and deaths. I that these grades are also employed by other have made enquiries with an tArd-Chla´raitheoir agencies in the public health service. Information and he informs me that discussions with the on the numbers employed by these agencies is Office of Public Works, OPW, are ongoing in also shown.

Physiotherapists (all grades).

Health Service Executive Health Service Executive Intellectual Disability Voluntary Total Area (direct employees) Services Hospitals

Eastern 169 80 356 605 Midland 95 1 96 Mid-Western 84 5 3 92 North-Eastern 100 1 100 North-Western 83 2 85 South-Eastern 119 2 122 Southern 140 20 17 177 Western 101 14 115

Total 892 124 376 1,392 239 Questions— 2 November 2005. Written Answers 240

[Ms Harney.]

Occupational Therapists (all grades)

Health Service Executive Health Service Executive Intellectual Disability Voluntary Total Area (direct employees) Services Hospitals

Eastern 155 56 142 353 Midland 54 54 Mid-Western 27 7 34 North-Eastern 56 56 North-Western 60 60 South-Eastern 46 46 Southern 62 14 4 80 Western 58 6 64

Total 518 83 145 747

Speech & Language Therapists (all grades)

Health Service Executive Health Service Executive Intellectual Disability Voluntary Total Area (direct employees) Services Hospitals

Eastern 90 40 67 198 Midland 45 1 45 Mid-Western 27 3 30 North-Eastern 38 38 North-Western 28 2 30 South-Eastern 50 1 51 Southern 48 25 4 77 Western 38 11 49

Total 364 83 71 519 Source: Health Service Personnel Census.

Health Services. person in the at risk group for influenza to be charged a consultant fee where the vaccine is 277. Ms C. Murphy asked the Ta´naiste and administered by a nurse attached to a family Minister for Health and Children the amount doctor’s practice and the person does not have a spent each year since the Government took office medical card; and if she will make a statement on on modernising facilities including residential for the matter. [32035/05] those with an intellectual disability who require residential care; the extent of applications for places in such facilities; and if she will make a 279. Mr. O’Shea asked the Ta´naiste and Mini- statement on the matter. [32012/05] ster for Health and Children her proposals to waive the consultation fee for patients who are in the at risk groups relating to influenza and who Minister of State at the Department of Health do not have a medical card on the basis that this and Children (Mr. T. O’Malley): The Deputy’s question relates to the management and delivery consultation fee can prove to be a deterrent for of health and personal social services, which are those who would otherwise avail of the free vac- the responsibility of the Health Service Executive cine; and if she will make a statement on the under the Health Act, 2004. Accordingly, my matter. [32036/05] Department has requested the parliamentary affairs division of the executive to arrange to have 280. Mr. O’Shea asked the Ta´naiste and Mini- this matter investigated and to have a reply issued ster for Health and Children if her views on directly to the Deputy. whether the Health Service Executive leaflet on the influenza vaccine is misleading in that it indi- cates that the vaccine is free to all persons in the Vaccination Programme. at risk groups when this is effectively only the 278. Mr. O’Shea asked the Ta´naiste and Mini- case for medical card holders; and if she will ster for Health and Children if it is in order for a make a statement on the matter. [32037/05] 241 Questions— 2 November 2005. Written Answers 242

Ta´naiste and Minister for Health and Children Garda Vetting Unit. (Ms Harney): I propose to take Questions Nos. 282. Ms O’Sullivan asked the Ta´naiste and 278 to 280, inclusive, together. Minister for Health and Children the categories The vaccine is available free of charge from of persons working in a paid or voluntary capacity general practitioners to medical cardholders who under the aegis of her Department or for agencies are deemed to be at risk of serious illness as a or organisations funded by her Department who result of contracting the disease. Persons in the at are currently subject to Garda vetting to protect risk group who do not have a medical card can against possible child abuse; the timeframe to obtain the vaccine free of charge but the fee for introduce vetting for all such persons who work administering the vaccine in such cases is a matter with children and are currently not vetted; and if between the general practitioner and the patient. she will make a statement on the matter. The at risk groups include persons aged 65 years [32063/05] or older, those with specific chronic illness such as chronic heart, lung or kidney disease, and Ta´naiste and Minister for Health and Children those with a suppressed immune system. For per- (Ms Harney): Garda vetting services are available sons in the at risk groups, complications arising in respect of public health service employees with from influenza such as pneumonia are common substantial unsupervised access to children and and can be fatal particularly in the elderly. vulnerable adults, including employees of agen- Private patients who request flu vaccine and cies funded by the Health Service Executive. In are not in the at risk group receive a prescription line with the recommendations of the working from their general practitioner and purchase the group on Garda vetting, it is planned that all vaccine from a pharmacy for administration by organisations that recruit and select persons who the general practitioner. All flu vaccinations would have substantial unsupervised access to should be given either by a general practitioner children should avail — and should be entitled to or under their supervision. It is the decision of avail — of the vetting services of the Garda cen- the general practitioner to determine what tral vetting unit. To this end, the number of staff administration fee will be charged when a person employed in the central vetting unit run by the does not have a medical card. I expect the new Garda Sı´ocha´na is being doubled to ensure that GP visit cards to benefit, among others, older they can handle a greater volume of requests people on modest incomes who have not yet from employers. The further expansion of the reached 70, at which age they are automatically service will allow the vetting of volunteers. The entitled to a medical card. People in the 65 to 69 unit will commence the augmentation of its exist- year age bracket, and who are therefore at risk ing vetting arrangements upon its decentralis- from influenza, and holding a medical card or a ation which is targeted from mid-November this GP visit card, will in future be able to receive year. the influenza vaccine free of charge from general Ensuring the protection, health and welfare of practitioners who hold a contract under the children and other vulnerable people is a key con- general medical services scheme. cern for the Government and I think it is important in that context to make one further Health Services. point. While criminal record checking of people with substantial unsupervised access to children 281. Mr. McGinley asked the Ta´naiste and is a vital component of a well developed child Minister for Health and Children if her attention protection system, there are other elements. has been drawn to the medical condition known Good recruitment and employment practices and as lymph oedema; the estimated number of the checking of references are also an integral patients here who are suffering from that con- part of such a system. dition; if there are trained personnel to treat patients with the condition; the benefits that are available to these patients; and if she will make a State Property. statement on the matter. [32051/05] 283. Ms Burton asked the Minister for Finance the situation in relation to the acquisition by his Ta´naiste and Minister for Health and Children Department of the old Allied Irish Bank on Main (Ms Harney): The Deputy’s question relates to Street, Blanchardstown; if the premises has been the management and delivery of health and per- sold by his Department; if so, the value realised sonal social services, which are the responsibility or are the premises to be used for some other of the Health Service Executive under the Health purpose, if so, the purpose of same; and the cost Act 2004. Accordingly, my Department has of the acquisition of the premises including all requested the parliamentary affairs division of legal fees and any security maintenance or other the executive to have this matter investigated and charges involved in holding the premises. to have a reply issued directly to the Deputy. [31368/05] 243 Questions— 2 November 2005. Written Answers 244

Minister of State at the Department of Finance the number following the proposed expansion of (Mr. Parlon): I can confirm that the former Allied the Garda station; and if he will make a statement Irish Bank, Main Street, Blanchardstown was on the matter. [31824/05] acquired by the Office of Public Works on behalf of the Probation and Welfare Service on 15 April Minister of State at the Department of Finance 2002. The total cost of the purchase was \1.5 mil- (Mr. Parlon): The Commissioners of Public lion, including VAT. The premises has not been Works can confirm that there are currently 37 sold and is being considered for alternative official car spaces at Mullingar Garda station. On Government use. There are no charges involved completion of the proposed extension the official in holding the premises, however since the pur- number of car spaces will be 34 of which one will chase, minimal works have been carried out to be designated for disabled persons. ensure the maintenance and security of the prem- ises while it is unoccupied. Stamp Office.

Decentralisation Programme. 287. Mr. Gormley asked the Minister for Fin- ance his views on whether delays for solicitors 284. Mr. P. McGrath asked the Minister for and others who have had a deed stamped in Finance the developments which have been made Dublin Castle are becoming intolerable; his plans on the decentralisation programme with specific to deal with this problem; and if he will make a reference to Mullingar; if planning permission has statement on the matter. [31872/05] been applied for in this case; the costs of accom- modation for his Department which have been Minister for Finance (Mr. Cowen): Iam agreed; and the projected timeframe for the informed by the Revenue Commissioners that transfer of the civil servants to Mullingar. three stamping services are provided in the stamp [31741/05] office in Dublin Castle — two dealing with per- sonal callers and the third a postal service. Instru- Minister of State at the Department of Finance ments presented by personal callers for over-the- (Mr. Parlon): The Office of Public Works has counter stamping are, subject to the docu- identified a suitable site in Mullingar town centre mentation being correct, processed immediately and negotiations to acquire it are underway. Plan- at the time of presentation. For those personal ning permission will be applied for when a site callers who do not require immediate processing, has been formally acquired. A firm estimate of a drop-in service is provided with a five day turn- the cost of constructing the decentralised office for the Department of Education and Science will around. A postal stamping service is also avail- only become available when the construction ten- able to deal with instruments originating within dering process has been completed. At this point the geographic areas for which the Dublin stamp- in time, the latest decentralisation implemen- ing district has responsibility. I am also informed tation group report of June 2005 specifies an by the Revenue Commissioners that the oper- indicative timeframe of building completion to be ation of the Dublin Castle stamping service is second quarter 2008. constantly monitored and reviewed by the Dublin stamping district management at regular periods throughout each day. This is an extremely busy Garda Stations. and highly pressurised office as staff deal with 285. Mr. P. McGrath asked the Minister for increasing volumes of often very complex legal Finance if a site has been procured for a Garda instruments. For example, the volume of such station in Athlone; if so, the location of this site; instruments processed by this office in the first the details of the design; the timeframe for the nine months of 2005 was up by 27% over the completion of this project; and if he will make a equivalent period last year. statement on the matter. [31822/05] Every attempt is made to provide an efficient service to solicitors, their agents and the public, Minister of State at the Department of Finance having regard to the number of available stamp- (Mr. Parlon): The Commissioners of Public ing machines and staff resources, and delays are Works will acquire a suitable site for a new Garda kept to an absolute minimum. However, delays Station in Athlone in accordance with the priority can sometimes occur, particularly when a large list supplied by the Department of Justice, number of personal callers attend the office — all Equality and Law Reform and taking into con- seeking to have their instruments stamped over sideration the particular requirements of the the counter. In such instances, callers are encour- Garda Sı´ocha´na at this location. aged to use the five day drop-in service in order to avoid waiting, but many choose to wait for 286. Mr. P. McGrath asked the Minister for same day stamping. I am assured that the Rev- Finance the number of car parking spaces that enue Commissioners will continue to monitor are on site currently at Mullingar Garda station; their Dublin stamp office customer service per- 245 Questions— 2 November 2005. Written Answers 246 formance to ensure it consistently achieves its provide detailed information on the flooding risk service standards. and its impacts with an engineering assessment of the most likely causes and possible solutions, before it decides whether it should be further Garda Stations. involved with the matter. 288. Ms Shortall asked the Minister for Finance if he will intervene in the case of the long delay Departmental Offices. in accessing temporary accommodation for the Ballymun Garda station; if his attention has been 291. Ms Burton asked the Minister for Finance drawn to the fact that this delay is jeopardising if his attention has been drawn to the plight of the complete redevelopment of the Ballymun civil servants working on the north side of Dublin shopping centre because the existing station is on in locations such as Garda headquarters in the site of the proposed redevelopment; if his Dublin 7 and the Department of Defence, Dublin attention has further been drawn to the avail- 9; if his attention has further been drawn to the ability of a suitable premises for a temporary fact that many of the civil servants who are opting station while a new station is being built; and if for family, personal and work reasons to remain he will provide the necessary approvals for these in the north Dublin area are being threatened to premises. [31885/05] be moved to city centre areas, usually on the south side of Dublin; if his attention has further Minister of State at the Department of Finance been drawn to the traffic and access problems for (Mr. Parlon): Terms have been agreed between persons commuting from the north side to the the Commissioners of Public Works and south side especially persons working part-time Ballymun Regeneration Limited in relation to or job share; his proposals to provide acquisition of a site at Main Street, Ballymun for decentralised offices on the north side of Dublin a new Garda station and Government offices. which would allow civil servants on the north side The temporary relocation of the Garda station to continue working on the north side. will not proceed as the costs involved cannot be [31351/05] justified due to the prohibitive level of State expenditure required for a short-term relocation. Minister for Finance (Mr. Cowen): The Office In the meantime, preparations for the planning of Public Works is responsible for both property and procurement of the replacement station are procurement and disposal. The overall objective at an advanced stage. is to ensure that property being acquired at a regional level is matched as closely as possible, 289. Mr. Crawford asked the Minister for Fin- both in time and in cost terms, by the disposal ance the position regarding the former customs of property currently held in the Dublin region, house in Swanlibar, County Cavan; if it is for sale; whether held on lease or otherwise. No decisions if it will be made available for community pur- have been made yet on the disposal, retention or poses; and if he will make a statement on the re-allocation of office buildings in Dublin, post matter. [31889/05] decentralisation. The Office of Public Works will bear in mind the particular requirements of Minister of State at the Department of Finance Departments remaining in Dublin and the need (Mr. Parlon): The former customs house in Swan- to ensure that all office space remaining in Dublin linbar adjoins the existing Garda station and mar- is utilised in the most cost effective manner ried quarters. When the future accommodation possible. requirements of the gardaı´ in the town have been Civil and public servants who do not wish to established, a decision on the future of the former transfer to a decentralised location will be customs house will be taken. assigned to an alternative public service post in Dublin. Each individual will be able to indicate via his or her personnel section the organisations Flood Relief. remaining in Dublin which would interest them. 290. Mr. Morgan asked the Minister for Fin- As people are appointed from the Central Appli- ance if funding will be made available to carry out cations Facility to decentralising locations, vac- the flood protection work on the River Dargle in ancies become available in Dublin and these Bray (details supplied). [31989/05] posts will be available to be filled by people who wish to remain in Dublin. Consultations will be Minister of State at the Department of Finance held with the public service unions on an ongoing (Mr. Parlon): The OPW had no involvement in basis to address the concerns of all staff affected the implementation of flood relief works in Bray by the programme. in 1986 and therefore has no maintenance responsibility for the Dargle river. OPW normally Tax Collection. requires a local authority wishing to advance a flood protection scheme to, at a minimum, 292. Mr. Perry asked the Minister for Finance 247 Questions— 2 November 2005. Written Answers 248

[Mr. Perry.] rowed with the commencement of the mortgage; if he will waive the interest charges imposed on a if the financial regulator will make available the person (details supplied) in County Sligo in view survey of the market which has been undertaken of extenuating medical circumstances; and if he to ascertain the number of policies which are in will make a statement on the matter. [31353/05] the position of not being able to pay off mort- gages; if persons will be invited who have con- Minister for Finance (Mr. Cowen): While I cerns regarding the under performance of their appreciate the circumstances surrounding the endowment mortgage to register same with the Deputy’s request, this is a matter for the Revenue financial regulator and the financial institution; Commissioners. In this regard, I am informed by and if he will make a statement on the matter. the Revenue Commissioners that they will be in [31383/05] contact with the person concerned to discuss a timescale for payment that will have due regard Minister for Finance (Mr. Cowen): The Deputy to all the circumstances of the case. may wish to note that my Department has been informed by the financial regulator that the finan- Public Appointments. cial regulator has conducted a survey of the 293. Mr. Perry asked the Minister for Finance endowment mortgage market with a view to when a decision will be made on an appointment ascertaining the likely number of policies that as driver tester for a person (details supplied) in may experience a shortfall on maturity. It is County Sligo. [31355/05] understood that the main findings of the survey will be made available to my Department and the Minister for Finance (Mr. Cowen): A compe- Joint Oireachtas Committee on Finance and the tition for posts of contract driver tester was Public Service shortly. recently advertised in the media and on the As the Deputy is aware, the financial regu- Public Appointments Service, PAS, website with lator’s consumer director has encouraged people a closing date of 13 October 2005. All applicants to come forward if they are concerned about the will be invited to sit a written test scheduled for possibility of having been mis-sold an endowment early-mid December 2005. Applicants who qual- mortgage. The financial regulator has emphasised ify in the written test will be placed in an order the importance of bringing complaints, in the first of merit based on their qualifying marks. Inter- instance, to the financial institution from which views will be held in January 2006 confined to the policy was purchased to seek to resolve the a group of the highest qualifiers, and successful matter. candidates will undergo a six week training pro- As I stated in my reply to the Deputy on 28 cess in the February-March period before taking September last, there are no plans at present to up their posts with the Department of Transport amend the Central Bank and Financial Services as contract driver testers. In view of the statutor- Authority of Ireland Act 2004, with regard to the ily independent role of the Public Appointments time limit for making complaints to the Financial Service, I am not in a position to comment on Services Ombudsman. The retrospection limit of cases of applicants. six years was put in place following careful exam- ination in the context of the consideration of the Decentralisation Programme. 2004 Act. It is consistent with best practice stan- dards, including the approach adopted for the 294. Ms Shortall asked the Minister for Finance Pensions Ombudsman Scheme. the offices of his Department which are situated on the northside of Dublin; the locations where each of them are scheduled to relocate to under Freedom of Information Act 1997. decentralisation and when; those that are not yet 296. Mr. M. Higgins asked the Minister for Fin- assigned a location; and those that will be ance if his attention has been drawn to the fact retained in their present location. [31366/05] that the Information Commissioner, in her annual report 2004 published on 9 June 2005, called for a Minister for Finance (Mr. Cowen): There is no review of the fees introduced by the Government section of my Department currently situated on regarding the Freedom of Information Act 1997; the northside of Dublin. if he has instituted such a review; when this review will be completed; and if he has not Financial Services Regulation. instituted such a review, his reasons for refusing 295. Mr. Quinn asked the Minister for Finance same. [31386/05] if he will reconsider his decision not to extend the six year limit for lodging complaints with the Minister for Finance (Mr. Cowen): I am aware financial regulator regarding the failure of of the views expressed by the Information Com- endowment mortgages to meet the obligations missioner in relation to charges that apply under outstanding in relation to the sum of money bor- the Freedom of Information Acts. 249 Questions— 2 November 2005. Written Answers 250

I am satisfied that the charges currently in timely delivery of capital projects. The aim of the operation strike the correct balance between the new contracts is to help ensure that there is a fair burden and cost to the taxpayer of administering sharing of risks and that contractors take on those the FOI Act, and the need to allow people to con- risks that they are able to manage and control. tinue to have access to information. I have no New conditions for the employment of construc- plans to initiate a general review of these charges. tion consultants are designed to ensure that pro- fessional fees do not escalate with project costs. National Lottery. A suite of four new standard forms of construc- tion contract and new conditions for the engage- 297. Mr. Gogarty asked the Minister for Fin- ment of construction consultants have been ance the status of the National Lottery Monitor- drafted with input from the Government con- ing Committee on community and voluntary sec- tracts committee for construction and technical tor engagement; and if he will report on its support from legal drafters and external technical activities to date in 2005. [31410/05] expertise. A process of consultation with the con- struction industry on the draft contracts and Minister for Finance (Mr. Cowen): The related material is currently in train and, follow- National Lottery beneficiary fund monitoring ing final completion of this process, my intention committee was established by my Department to is to have the new contracts available for use in oversee implementation of the recommendations early 2006. of the 1997 report of the National Lottery review group. The monitoring committee ceased to exist when it was subsequently decided that the recom- Tax Code. mendations of the review group could better be 300. Ms Shortall asked the Minister for Finance pursued within the broader context of the then his views on the suggestion from child seat Department of Social, Community and Family retailers (details supplied) that a reduction in Affairs on the White Paper on a Framework for VAT would allow parents from poorer back- Supporting Voluntary Activity and for grounds to purchase new seats instead of buying Developing the Relationship between the State them second hand; and if he will make a state- and the Community and Voluntary sector, rather ment on the matter. [29063/05] than via a separate committee. The White Paper was published in 2000; responsibility for its imple- Minister for Finance (Mr. Cowen): The posi- mentation now rests with the Department of tion is that the VAT rating of goods and services Community, Rural and Gaeltacht Affairs. is subject to the requirements of EU VAT law with which Irish VAT law must comply. Under Tax Collection. the sixth VAT directive, member states may 298. Mr. Wall asked the Minister for Finance if retain the zero rates on goods and services which the tax affairs of a person (details supplied) in were in place on 1 January 1991, but cannot County Kildare is up to date; if tax arrears are extend the zero rate to new goods and services. owed to this person; and if he will make a state- As children’s car seats were not subject to the ment on the matter. [31465/05] zero rate on 1 January 1991 it is not possible to apply the zero rate to the supply of such products. Minister for Finance (Mr. Cowen): The Rev- However, member states are permitted to apply enue Commissioners have confirmed to me that, a reduced rate to those goods and services, which based on all information available to them at this are set out in annex H of the EU sixth VAT time, the tax affairs of the taxpayer are up to date directive. Children’s car seats are listed under cat- and that no tax arrears are owed. egory 4 in annex H. It would therefore be pos- sible to apply a reduced rate of VAT to children’s car seats. Ireland operates a single reduced rate Infrastructural Development Funding. of 13.5%. 299. Ms Shortall asked the Minister for Finance In relation to the benefit of a VAT reduction his proposals in respect of the introduction of being passed on to the consumer which is nor- fixed price contracts for infrastructure devel- mally the main reason given for VAT reductions opments; and his target date for their introduc- or refunds, experience shows that there is no tion. [29073/05] guarantee that moving products to the reduced rate would necessarily be reflected in the retail Minister for Finance (Mr. Cowen): The price of products. In addition, a reduction along Government decided in May 2004 to reform con- the lines suggested would only bring about a struction procurement to help ensure that tax- reduction of approximately \6 for every \100 payers are protected from the financial con- spent on a child car seat. Therefore such a sequences of unnecessary delays and, in turn, cost reduction, even if passed on, would not necess- over runs on capital projects. At the heart of the arily bring about an increase in the sales of new reforms is an attempt to ensure cost effective and car seats. 251 Questions— 2 November 2005. Written Answers 252

[Mr. Cowen.] requested, to the local authorities and health Finally, it is not customary for me to comment boards, the Garda Sı´ocha´na and any other public on any possible changes to the VAT rate applied service body. to such products which may, or may not, arise in Recruitment competitions run by the PAS are the context of the forthcoming budget. advertised in one or more of the national papers and on its website at www.publicjobs.ie. Appli- Tax Collection. cation forms, together with all relevant details, are only available when competitions are 301. Mr. Timmins asked the Minister for Fin- announced. Potential candidates can register ance if a P21 will be issued to a person (details their interest in a position on the PAS website supplied) in County Wicklow. [31517/05] and will be notified by e-mail when the compe- tition is announced. Anyone can apply for a posi- Minister for Finance (Mr. Cowen): Iam tion in the Civil Service but candidates must fulfil informed by the Revenue Commissioners that a the eligibility requirements and criteria of the P21 in respect of the year 2004 issued to the grade or post being filled. named person on September 6, 2005. A duplicate Under the Act, recruitment to the Civil Service copy was issued on October 26, 2005. is to established posts, unestablished posts and to posts covered by Schedule 1 of the Act. Recruit- Public Appointments. ment to established posts is carried out under 302. Mr. Haughey asked the Minister for Fin- licence as set out above. All temporary posts in ance the procedures in place for the recruitment the Civil Service are filled on an unestablished of all types of staff to the civil service on a tem- basis. Recruitment to unestablished posts takes porary or permanent basis; the provisions in place under licence but may also be the subject relation to canvassing by public representatives; of an excluding order. The Act provides for the and if he will make a statement on the matter. issuing to Departments by the CPSA of an [31522/05] excluding order for a limited period, for the filling of certain positions on a temporary basis, on con- Minister for Finance (Mr. Cowen): Recruit- ditions other than those set out in the codes of ment to the Civil Service is governed by the practice. Public Service Management (Recruitment and Schedule 1 of the Act — Scheduled Occu- Appointments) Act 2004 which applies to the pations — covers appointments to posts such as recruitment of non-industrial civil servants to services officer, services attendant, night-watch- established and unestablished posts. man, cleaner or analogous employment in the Recruitment of State industrial employees is Civil Service. The Schedule also covers employ- carried out by individual Departments by way of ment outside the State in a clerical or ancillary competitive interview depending on specific capacity in offices of the Department of Foreign needs and the nature of the employment position Affairs. Recruitment under Schedule 1 is carried on offer. Applications are received from individ- out by individual Departments by way of com- uals, and on behalf of individuals from, for petitive process. Applications may be made ´ instance, FAS and public representatives. directly by individuals, through registration with In respect of the recruitment of civil servants FA´ S or as result of communications from public to established and unestablished posts, the Public representatives. Service Management (Recruitment and As regards provisions in relation to canvassing, Appointments) Act 2004 provides for the estab- section 34(2) of the Public Service Management lishment of the Commission for Public Service (Recruitment and Appointments) Act 2004 stipu- Appointments, CPSA, and of the Public Appoint- lates that the Public Appointments Service is ments Service, PAS. independent in the exercise of its functions. The Among its functions, the CPSA establishes the standards of probity, equity, fairness, selection on Act also provides that, inter alia, canvassing is an offence attracting penalties including fines of up the basis of merit, protection of the public \ interest, implementation of best practice and to 10,000 and-or imprisonment for up to two good governance and other principles as it con- years. Anti-canvassing provisions are also siders appropriate, to be followed, in the selection expressly set out in section 4 of the CPSA code and recruitment of persons for positions in the of practice on external recruitment for appoint- Civil Service and other public bodies. The stan- ment to positions in the Civil Service. dards are set out in codes of practice to be fol- lowed in recruitment to positions in the Civil Child Care Funding. Service. The CPSA also has responsibility for the issuing of recruitment licences to the Secretaries 303. Mr. Boyle asked the Minister for Finance General of Departments of State and to other the cost to the Exchequer of introducing a designated officers in the public service. refundable child care tax credit of \150 per The PAS provides a centralised recruitment, month for parents of children up to three years assessment and selection body for the Civil and \100 per month for those aged four to 12, Service and provides a similar service, where who are in the 20% tax band. [31537/05] 253 Questions— 2 November 2005. Written Answers 254

Minister for Finance (Mr. Cowen): I assume that what the Deputy has in mind are refundable Year \m tax credits of \150 per month per child for chil- dren up to three years and \100 per month per 1997 187.6 child for those aged four to twelve years. On the 1998 238.7 basis of this assumption, it is tentatively estimated 1999 161.2 that the full year cost of refundable tax credits to income earners who are charged tax at or below 2000 386.0* the standard rate, including those who are 2001 228.0 exempt, would be in the region of \461 million. 2002 206.0 2003 153.0 304. Mr. Boyle asked the Minister for Finance 2004 144.0 the cost to the Exchequer of the introduction of \ two weeks’ paid paternity leave. [31538/05] * The figure quoted for 2000 includes 215.7 million which was a result of the DIRT look-back audits.

Minister for Finance (Mr. Cowen): This is a The amount of DIRT due to be paid each year is matter for the Departments directly concerned in dependent on the amount of monies on deposit the first instance — variously the Departments and the rates of interest applying to such deposits of Justice, Equality and Law Reform, Social and rather than on the number of accounts involved. Family Affairs and Health and Children. The cost I am informed by the Revenue Commissioners to the Exchequer of two weeks’ paternity leave that the statutory return of DIRT filed by the fin- would depend on the model involved, for ancial institutions requires details only of the rel- example, whether it would be PRSI based, the evant amount of interest paid in the year and the take-up and whether it would be at full pay or appropriate tax in relation to the payment of that whether there would be a contribution. interest. Such DIRT returns are subject to audit There is currently no statutory entitlement to by the Revenue Commissioners. paid paternity leave in this country. The Civil Service provides three days’ paid paternity leave 307. Mr. Bruton asked the Minister for Finance on the birth or adoption of a child. In 2003 the number of cases in which refunds of DIRT approximately 300 fathers in the Civil Service have been claimed; and the aggregate amount of availed of paternity leave. Based on these figures refunds made. [31555/05] the cost of two weeks’ paid paternity leave on full pay in the Civil Service would be in the region of Minister for Finance (Mr. Cowen): Iam \1million per year. Additional costs would arise informed by the Revenue Commissioners that the if the officers concerned were replaced. most recent relevant information available is that the total amount of DIRT repaid in 2004 was \2.1 305. Mr. Boyle asked the Minister for Finance million and the number of such repayments was the cost to the Exchequer for the introduction of 1,003. universal access to one year of pre-school. [31540/05] 308. Mr. Bruton asked the Minister for Finance the number of persons claiming the age exemp- Minister for Finance (Mr. Cowen): Depending tion limit in their tax returns. [31556/05] on the details of the proposal, this is a matter for the Departments directly concerned — Health Minister for Finance (Mr. Cowen): I advised and Children, Justice, Equality and Law Reform by the Revenue Commissioners that some 36,000 and Education and Science. The Deputy, in put- income earners are estimated to qualify for the ting the relevant question down under this head- age exemption or the associated marginal relief ing, should specify the type of model he has in in 2005. This figure is provisional and likely to be mind in terms of duration, location, content of revised. A married couple who has elected or has curriculum, staffing and other supports, including been deemed to have elected for joint assessment capital costs and state whether contribution is counted as one tax unit. arrangements would be applicable for parents. Tax Code. Tax Collection. 309. Mr. Bruton asked the Minister for Finance 306. Mr. Bruton asked the Minister for Finance the effective tax rate paid by taxpayers in each the amount of DIRT collected in the most recent decile by range of total income in 1997, 1998, year for which information is available; the trend 2001, 2002 and in the most recent years for which in DIRT receipts since 1997 and the number of an estimate is available; and the aggregate tax accounts involved. [31554/05] paid by each decile in the respective years. [31557/05] Minister for Finance (Mr. Cowen): The follow- ing table sets out the net yield from DIRT col- Minister for Finance (Mr. Cowen): Iam lected from 1997 to 2004: informed by the Revenue Commissioners that the most recent data available on incomes and tax by 255 Questions— 2 November 2005. Written Answers 256

[Mr. Cowen.] employees but not by the self-employed; includes income decile is in respect of the income tax income of individuals whose total income falls year 2002. below the exemption limits; does not include cer- The information requested is set out in the fol- tain other income which is not income for tax lowing tables for the income tax years 1997-98, purposes or is exempt from tax such as profits or 1998-99, 2001 “short” year and 2002. gains from stallion fees, profits from commercial The 2001 short income tax year was a short forestry and certain income from patent royalties, transitional tax “year” running from 6 April to certain investment income arising from personal 31 December 2001 which preceded the first full injuries, child benefit, maternity benefit and calendar tax year 1 January 2002 to 31 December unemployment assistance paid by the Depart- 2002. It should be noted that as PAYE taxpayers ment of Social, Community and Family Affairs, were charged to tax on their earnings in the certain earnings of writers, composers and artists, period from 6 April to 31 December 2001 and bonus or interest paid under instalment savings self-employed taxpayers were assessed to tax for schemes operated by An Post, interest on certain the short “year” on 74% of the profits earned in Government securities, certain foreign pensions a 12 month accounting period, the income figures which are exempt from tax in the foreign paying will not be directly comparable with those of earl- country, portion of certain lump sums received ier or later years. by employees on cessation of their employment, To assemble the figures by decile the total statutory redundancy payments and certain military pensions; and does not include or not number of income earners on the income tax fully include other income sources such as record for each year was broken down into ten interest income that does not need to be declared equal groups and distributed over ten income or is not recorded, but from which tax has been ranges in ascending order of gross income. The deducted, unemployment benefit and disability figures for effective tax rate and aggregate tax benefit, non-recording of non-taxable amounts liability were then established for each decile and of amounts taxed by restriction of repay- group as appropriate. As both the income levels ments or indirectly through employers in the and the numbers of income earners changed each PAYE system, and the incomes of certain self- year the income tranches representing the differ- employed persons, including some farmers, as ent deciles also vary from year to year. It should well as some individuals in receipt of pensions, be noted that the tax liability in any of the income who are not processed annually on tax records deciles shown also includes a liability to DIRT. because their incomes are below the income tax In the lower deciles, this is likely to be the only thresholds. The information on incomes is based tax liability arising. on income returns on Revenue records at the The income ranges referred to in this examin- time the data were compiled for analytical pur- ation relate to gross income. Gross income is poses, representing 90% or more of all returns income which: is prior to deductions for capital expected. allowances, interest paid, losses, allowable A married couple who has elected or has been expenses, retirement annuities etc; is after deemed to have elected for joint assessment is deduction of superannuation contributions by counted as one tax unit.

Income Tax (including DIRT) — distribution of effective tax rate and tax liability by income decile.

1997-1998 1998-1999 2001 2002

Income Effective Tax Tax Effective Tax Tax Effective Tax Tax Effective Tax Tax Decile Rate Rate Rate Rate Group *

% \m%\m%\m%\m

1 0.1 0.1 0.1 0.2 0.1 0.3 0.1 0.5 2 0.5 2.8 0.5 3.0 0.1 1.0 0.1 1.4 3 5.7 58.7 5.1 57.7 1.6 22.3 0.7 13.0 4 8.8 129.5 8.1 132.4 4.4 83.1 3.3 89.9 5 12.0 227.6 11.1 233.7 6.6 159.1 5.7 196.7 6 14.6 345.4 13.6 358.2 8.3 245.9 7.6 321.6 7 17.7 520.2 16.9 551.9 10.7 388.1 9.6 504.1 8 20.5 767.8 19.5 812.5 13.8 626.1 13.0 856.0 9 22.1 1,099.9 21.2 1,175.3 16.2 979.5 16.2 1,409.1 10 29.0 2,850.7 28.7 3,315.5 24.6 3,156.0 23.6 4,415.2

6,002.9 6,640.3 5,661.4 7,807.4 * The lowest incomes are represented by group number 1. Higher group numbers reflect higher income levels. 257 Questions— 2 November 2005. Written Answers 258

310. Mr. Naughten asked the Minister for Fin- open competition, to a number of ICT posts at ance the amount of moneys taken in since 2002 executive officer level in various Departments. by his Department from capital gains tax and These posts will be filled from a Public Appoint- stamp duty from transfers of farm property; and ments Service competition advertised in mid- if he will make a statement on the matter. October 2005. [31703/05] Agreement was not reached on number of other posts identified in the survey, at the levels Minister for Finance (Mr. Cowen): Iam of higher executive officer and assistant principal informed by the Revenue Commissioners that the officer. These posts were the subject of an arbi- precise information requested by the Deputy is tration finding, as result of which further dis- not available. cussions are required to identify the best method of progressing recruitment to these posts as pro- Public Appointments. vided for under the Sustaining Progress provisions. 311. Ms McManus asked the Minister for Fin- ance if, in view of the waste of public money and Apart from the foregoing, in the context of the problems some Departments have had with supporting the needs of decentralising Depart- regard to contracting in information communi- ments or offices, consideration is also being given cation technology consultants from the private to centralised arrangements for recruiting and sector, it is still the policy of the Civil Service training ICT staff, including the possible need to Commission not to recruit staff who have qualifi- recruit ICT staff from outside the Civil Service. cations and expertise to do this work at the Recruitment of information and communication appropriate grade with recognition of their quali- technology, ICT, staff for the Civil Service and fications, as are other professions in the Civil the appropriate level at which such posts should Service; and if he will make a statement on the be filled is kept under review in the light of busi- matter. [31737/05] ness needs of Departments and offices. The Deputy may wish to note that, from time Minister for Finance (Mr. Cowen): The Public to time, open recruitment has taken place to fill Appointments Service, PAS, acts as the central- individual ICT posts at management level in cer- ised recruitment, assessment and selection body tain offices. Examples include posts filled at the for the Civil Service, acting at the behest of indi- Garda Headquaters and Ordnance Survey vidual Departments and offices. Ireland. Civil servants assigned to ICT work in the Civil Service are in general service grades. Staff in 312. Mr. P. McGrath asked the Minister for these grades can be directly assigned to ICT work Finance the number and value of contracts or as a result of specially organised competitions, awarded for public relations projects by his at either departmental or interdepartmental level. Department since December 2004. [31745/05] Such competitions are held at clerical officer, executive officer and higher executive officer lev- Minister for Finance (Mr. Cowen): My Depart- els respectively. Subsequent to an assignment, ment has not awarded any contracts for public whether direct or by competition, specialised relations projects since December 2004. training is provided. Other than recruitment of a small number of administrative officers for ICT work a number of Ministerial Staff. years ago, it has not been the practice to specifi- 313. Mr. P. McGrath asked the Minister for cally recruit ICT staff from outside the Civil Finance the number of civil servants and other Service. However, officers recruited from open staff employed in his constituency office; and the competitions have regularly been assigned by grade and remuneration of each. [31760/05] Departments or offices to ICT work as a result of their having significant prior experience in ICT or an ICT qualification. 315. Mr. P. McGrath asked the Minister for The Sustaining Progress agreement includes a Finance the number of civil servants and other provision to directly recruit staff where it is iden- staff in his press office; and the grade and tified that certain skills and expertise are in short remuneration of each staff member. [31790/05] supply. Departments or offices were surveyed and skills shortages were identified for a number Minister for Finance (Mr. Cowen): I propose of posts in the ICT area. The posts in question to take Questions Nos. 313 and 315 together. were at the levels of executive officer, higher The staffing, grade and remuneration of my executive officer and assistant principal officer. constituency office and press office is set out as The implementation of this provision was sub- follows. The actual pay of individuals is not given ject to consultation and agreement was reached as this is deemed to be personal information. with all Civil Service unions on recruitment, by 259 Questions— 2 November 2005. Written Answers 260

[Mr. Cowen.] my Department is compiling the information in Constituency Office — Dublin that format and it will be forwarded to the Deputy shortly. Grade / Title Number Salary Range

\ Question No. 315 answered with Question No. 313. Executive Officer 1 26,618-42,238 Staff Officer 1 30,428-40,628 Tax Collection. 316. Mr. P. McGrath asked the Minister for Constituency Office — Tullamore Finance his views on allegations that the road haulage sector generally is operating in the black Grade / Title Number Salary Range economy; the number of haulage companies registered with the Revenue Commissioners; the \ number of these that are tax compliant; the amount of arrears of tax and PRSI contributions Personal Secretary 1 20,187-38,948 outstanding in the sector; and if he will make a Personal Assistant 1 40,543-51,463 statement on the matter. [31815/05]

Minister for Finance (Mr. Cowen): Iam Press Office informed by the Revenue Commissioners that there are approximately 5,000 road hauliers regis- Grade / Title Number Salary Range tered with them — this figure includes both com- \ panies and individuals. Revenue have advised me that it is not pos- Press Officer (Assistant 1 63,293-79,143 sible, in the time available, to get detailed infor- Principal) (in receipt of mation on the amount of arrears of tax and PRSI allowance equivalent to contributions outstanding from cases in this sec- 10% of salary) tor. However, I am informed that during 2004, Higher Executive Officer 1 43,000-53,191 198 Revenue audits were carried out on road hau- liers resulting in additional tax, interest and pen- Executive Officer 1 26,618-42,238 alties of \1.36 million being recovered from 73 of Clerical Officer 1 21,245-34,448 those cases, 125 audits were non-yielding. Also in 2004, Revenue detected 250 hauliers using In addition to the above there are four clerical marked gas oil and 26 hauliers using “laund- officers, salary range \21,245-\34,448, who ered” diesel. provide typing and administrative support The Deputy will be aware that where a haulier services to my private office, the constituency is carrying goods for hire or reward, a road freight office and to the Department of Finance press carrier’s licence is required from the Department office. Two of these clerical officers work-share. of Transport. In order to obtain or renew such a licence, evidence of compliance in the form of a Consultancy Contracts. tax clearance certificate must be produced to the Department of Transport. This tax clearance 314. Mr. P. McGrath asked the Minister for requirement helps considerably in improving Finance the number and value of contracts compliance in this sector. awarded to outside consultants by his Depart- While the haulage sector does pose some ment in each of the past five years; the details of special tax compliance risks — and as already the contracts involved; and if these projects have indicated, these include the illegal use by some reached fruition. [31775/05] operators of laundered or marked diesel—Iam advised that Revenue are vigorously pursuing Minister for Finance (Mr. Cowen): I would non-compliance in this sector and remain alert to refer the Deputy to replies to two previous the emergence of any increasing risks. parliamentary questions about this topic, copies of which are being forwarded to him. These are of 17 February 2004 and 28 June 2005, and Decentralisation Programme. together they give details of the purpose and 317. Ms C. Murphy asked the Minister for Fin- recipient of my Departments consultancies in the ance the issues which have arisen following the years he mentions, along with the payments made risk analysis being conducted on his Depart- in each year. As the Deputy will appreciate, given ment’s decentralisation programme; the way in the amount of information they contain it has not which it is intended to address these issues; the been possible, in the time available for answering projected cost of resolving these issues; the over- the present question, to compile the information all cost of his Department’s decentralisation in the format sought by him, i.e., showing the cost programme; and if he will make a statement on by contract rather than by year and showing also the matter. [31971/05] which contracts have reached fruition. However, 261 Questions— 2 November 2005. Written Answers 262

Minister for Finance (Mr. Cowen): Risk analy- the Deputy recently, No. 541 of 28 September. I sis and ameliorating measures are addressed in would draw the Deputy’s attention to the reply I my Department’s decentralisation implemen- gave to that question and would add that the facts tation plan and I have arranged for a copy to be and conclusions given in that reply remain forwarded to the Deputy. unchanged. In relation to non-property aspects of the decentralisation programme, a report was pre- Fishing Industry Development. pared at the request of the decentralisation implementation group and is available on my 320. Mr. Perry asked the Minister for Department’s decentralisation website at Communications, Marine and Natural Resources www.decentralisation.gov.ie. This report provided when a decision will be made on whether the a model for identifying non-property costs and findings of the report on the three-year exper- savings that might arise both during the relo- iment into monofilament nets in Cork Harbour cation phase and in the context of a post- will be taken on board for the 2006 season decentralised Civil Service. While my Depart- (details supplied); when a final decision will be ment is making arrangements to identify costs in issued; and if he will make a statement on the accordance with this model, expenditure to date matter. [31349/05] has been limited. The costs associated with the provision of accommodation in Tullamore and Minister of State at the Department of Kildare will be met from the Office of Public Communications, Marine and Natural Resources Works Vote. (Mr. Gallagher): I have recently received a report from the South Western Regional Fisheries Board on the final year of a three-year exper- Mobile Phone Masts. iment carried out since 2003 to assess the effec- 318. Mr. F. McGrath asked the Minister for tiveness and efficiency of alternative methods of Communications, Marine and Natural Resources draft net fishing, in particular the use of monofila- the position regarding health implications for ment netting, for wild salmon in Cork Harbour. residential areas and schools near mobile phone In forwarding this report to me the chief execu- antennas; if schools are excluded from the sched- tive officer advised that the South Western ule of public buildings on which mobile phone Regional Fisheries Board has, by majority masts may be installed; and to make a statement decision, decided to endorse the findings in the on this public safety issue. [31485/05] report and to recommend that monofilament and other operational changes be legalised for draft Minister for Communications, Marine and net fishing within the harbour. Natural Resources (Mr. N. Dempsey): My I am examining the report submitted to me and Department’s involvement in matters concerning assure the Deputy that I will make a decision, the health effects of non-ionising radiation, which having considered all relevant issues involved and includes radio frequency emissions from mobile bearing in mind that any legislative changes phone base stations is guided by advice from which may be required will need to be put in national and international health authorities place in good time before the commencement of which include the World Health Organisation of the next draft net fishing season in Cork Harbour the United Nations. I am advised that there is to in May 2006. date, no scientific evidence which shows a direct causal link between non-ionising radiation and Harbours and Piers. ill health. The erection of masts on Government property 321. Mr. McHugh asked the Minister for is a matter for the Minister for Finance together Communications, Marine and Natural Resources with the public sector organisation which is the if funding will be made available for a project direct owner of the property concerned. (details supplied) in County Galway; and if he will make a statement on the matter. [31409/05] Offshore Exploration. Minister of State at the Department of 319. Dr. Cowley asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources (Mr. Gallagher): Parkmore Pier, Kinvara, is if, in view of the example of the Norwegian owned by Galway County Council and responsi- Government, he will consider establishing an oil bility for its maintenance and development is a and gas exploration company here; if his atten- matter for the owner in the first instance. The tion has been drawn to the benefit this would county council forwarded proposals in December have on the economy and the effect it could have 2001 and again in 2003 to the Department for on other Departments; and if he will make a Exchequer funding under the national fishery statement on the matter. [31731/05] harbour development programme for improve- ment works to the pier, estimated to cost \88,300. Minister for Communications, Marine and No funding was available for these works. The Natural Resources (Mr. N. Dempsey): This ques- question of providing funding for works at Park- tion is almost identical to one I answered from more Pier will depend on the amount of 263 Questions— 2 November 2005. Written Answers 264

[Mr. Gallagher.] projects with a combined capacity of 21.5 MW Exchequer funding available for works at fishery have so far been constructed under this prog- harbours generally and overall national priorities. ramme. A further two projects with a combined The Department has not received a proposal capacity of 2 MW are also proceeding having from Galway County Council regarding the con- been successful in the AER VI competition. struction of a breakwater at Parkmore Pier. Biomass landfill gas projects will be eligible to enter in the renewable energy feed in tariff — Decentralisation Programme. REFIT — programme which I put out to public consultation recently. 322. Mr. Crawford asked the Minister for Communications, Marine and Natural Resources the position regarding efforts to decentralise his Departmental Staff. Department to Cavan town; if a site has been pur- 324. Mr. Sargent asked the Minister for chased to provide office accommodation; the Communications, Marine and Natural Resources number of persons who have applied to move to the title and role of all officers of his Department Cavan; when staff will be in place and oper- who accepted corporate hospitality by attending ational; and if he will make a statement on the sporting events during the past two years as matter. [31475/05] guests of parties engaged in the development of the Corrib gas field; the date of attendance of Minister for Communications, Marine and each officer at such events and the title of such Natural Resources (Mr. N. Dempsey): The events. [31510/05] acquisition of sites and procurement of property for decentralisation are matters dealt with by the Minister for Communications, Marine and Office of Public Works. Interaction with the Natural Resources (Mr. N. Dempsey): Public ser- OPW on these elements is well established in my vants are required to complete a return under the Department, informed by site visits and a thor- Ethics in Public Office Acts 1995 and 2001 each ough ongoing consultative process. The latest year and this is a matter of public record. There report from the OPW indicated that negotiations has never been sufficient corporate hospitality by on the purchase of a suitable site in Cavan are any licensee involved in offshore exploration to progressing. My Department has already pro- warrant the necessity for a declaration under the vided an outline specification of our accommo- Acts. dation requirements to the Office of Public Works and will provide a detailed brief when required by the OPW. Freedom of Information. The latest information from the Public 325. Mr. Sargent asked the Minister for Appointments Service is that 171 expressions of Communications, Marine and Natural Resources interest have been received for 378 Department the person who briefed his press officer to inform posts in Cavan. The process of reassigning a person (details supplied) that his Department Department staff who made a CAF application would not answer questions concerning corporate to relocate with the Department to , hospitality, if any, accepted by staff of the pet- Drogheda or Cavan is under way. In addition, in roleum administration division from developers line with the centrally agreed protocols contact of the Corrib gas field; and if the named person has been made by my Department with relevant wanted such information it should be sought Departments regarding their staff who wish to under the Freedom of Information Act 1997. move with the Department to these decentralised [31511/05] locations. The Department’s move to Cavan is scheduled to take place at the end of 2009. Arrangements to have staff in place and oper- Minister for Communications, Marine and ational in line with that schedule will continue to Natural Resources (Mr. N. Dempsey): In this be progressed. instance my Department was endeavouring to advise the inquirer of the rights available under the Freedom of Information Acts which might be Alternative Energy Projects. of assistance. This advice is not attributable to 323. Mr. Sargent asked the Minister for any particular individual within my Department. Communications, Marine and Natural Resources the programmes in place or planned for the use Coastal Erosion. of methane from landfill for energy generation purposes here; and if he will make a statement on 326. Mr. Gilmore asked the Minister for the matter. [31500/05] Communications, Marine and Natural Resources the assessment which has been made of erosion of Minister for Communications, Marine and the coastline between Killiney and Woodbrook, Natural Resources (Mr. N. Dempsey): Biomass County Dublin; the plans that exist for coastal landfill gas is one of the technology categories for protection works along this stretch of coastline; which support was available under the alternative the funding which has been or is being made energy requirement — AER — programme. Nine available to the local authority for coastal protec- 265 Questions— 2 November 2005. Written Answers 266 tion works; and if he will make a statement on of the European Commission in January 2002 to the matter. [31516/05] grant additional capacity of 14,055 gross tonnes and 14,400 kilowatts in respect of the Irish pelagic Minister of State at the Department of fleet segment to take account of fishing oppor- Communications, Marine and Natural Resources tunities in Mauritanian and other west African (Mr. Gallagher): Funding was made available to waters. The European Commission’s decision fol- Du´ n Laoghaire Rathdown County Council for lowed negotiations with the Commission on a the commissioning of consultancy studies of coas- legitimate application by the company which tal erosion on the stretch of coast at Killiney, owns the vessel, under EU legislation in place at County Dublin, in the years 1995 to 1996 amount- that time, which provided for the introduction of ing to a total of \219,030. Arising from these additional capacity into the fleet where additional studies, coast protection works were funded in fishing opportunities were identified. The capa- the years 1999 to 2004 amounting to a total of city allocated by the European Commission was \321,763. In the current year an amount of additional capacity over and above the existing \303,750 has been offered to Du´ n Laoghaire EU capacity limits for the Irish fleet. Rathdown County Council for coastal protection As part of the overall agreement, the company works in the Killiney area. which owns the vessel has permanently with- The stretch of coast between Killiney, County drawn its other vessel from the Irish-EU fishing Dublin, and Carnsore Point, County Wexford, is fleet. The package agreed allowed the company the subject of a detailed pilot study as part of the to retain the annual quota and fishing entitle- national coastal protection strategy study. Vul- ments in EU waters of the withdrawn vessel. It nerability of the coastline to erosion is one of the should be noted that the vessel is only allowed to matters being examined. It is expected the results fish in EU waters to the same degree, in terms of of the pilot study will be available in 2006. The catch limits and fishing effort, as the withdrawn question of funding coast protection works in the vessel was allowed. The withdrawal of this vessel Killiney area in 2006 will depend on the amount also enabled Ireland to resolve long-standing of Exchequer funding available for coast protec- engine power over-capacity in the pelagic tion works and overall national priorities. segment.

Fishing Vessel Licences. Communications Masts. 327. Mr. Ferris asked the Minister for 329. Mr. Sargent asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources if he proposes to introduce changes to the licens- if he intends to locate the Loran C mast on Loop ing regime covering mussel dredging vessels; if so, Head or any other Irish location; the cost of pur- if such changes will distinguish between sea-going chasing the mast; the legal costs associated with vessels and inshore vessels; the expected impact the project; the cost of purchasing and leasing of such changes in terms of the number of vessels land at Loop Head; the amount of land involved; affected; and if he will make a statement on the the costs of storage of the mast, giving a break- matter. [31536/05] down of the storage costs over the past five years as well as its location; and if there is any proposal Minister of State at the Department of to dispose of the mast. [31701/05] Communications, Marine and Natural Resources (Mr. Gallagher): There are currently no pro- posals to make any changes to the licensing Minister for Communications, Marine and regime covering mussel dredging vessels in so far Natural Resources (Mr. N. Dempsey): The Loran as it relates to the mussel seed resource. C mast will not be erected on Loop Head or any other Irish location. Ireland, along with Norway, 328. Mr. Perry asked the Minister for the Netherlands, Denmark and Germany, has Communications, Marine and Natural Resources denounced the North West Europe and North the reason stark distinctions were allowed to be Atlantic Loran C System — NELS — Agree- made between the treatment of a vessel (details ment. Denunciation takes legal effect from 31 supplied) and other Irish vessels, which had to December 2005. provide full replacement capacity; the reason this The mast, consisting of the antenna and trans- vessel is allowed to fish in EU waters; if, at the mitter, cost \1.9 million and was purchased by time this vessel was seeking a licence, there was France and the Netherlands as per the inter- an overhang in Ireland’s pelagic replacement national agreement. The legal costs associated capacity and kilowatts became an issue between with the project amounted to \561,000, which Ireland and the EU; and if he will make a state- includes legal fees for the planning appeal. The ment on the matter. [31700/05] land at Loop Head, totalling 137 acres, was pur- chased for \479,000. Lease of the land for grazing Minister of State at the Department of rights has generated \13,530 in revenue over the Communications, Marine and Natural Resources past three years. Cost of storage for the mast (Mr. Gallagher): The licensing and registration of amounted to \326,000. The mast was stored at the vessel referred to was facilitated by a decision Pacy-Sur-Eure, near Paris, France. A breakdown 267 Questions— 2 November 2005. Written Answers 268

[Mr. N. Dempsey.] the number and value of contracts awarded for of the storage costs over the past five years is as public relations projects by his Department since follows: December 2004. [31746/05]

Year Amount Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey): My \ Department has not awarded any contracts for public relations projects since December 2004. 2001 59,909 2002 47,108 Ministerial Staff. 2004 47,476 331. Mr. P. McGrath asked the Minister for 2005 27,829 Communications, Marine and Natural Resources the number of civil servants and other staff Ownership of the mast was transferred to France employed in his constituency office; and the grade in April this year, with the agreement of the and remuneration of each. [31761/05] Netherlands. Ownership of the site remains with Ireland. Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey): The number of civil servants and other staff currently Public Relations Contracts. employed in my constituency office and infor- 330. Mr. P. McGrath asked the Minister for mation on the grade and remuneration of these Communications, Marine and Natural Resources staff is set out in the following table.

Title Number Grade/ Grade Equivalent Remuneration

Personal Assistant 1 Higher Executive Officer HEO salary scale \40,543 (min) to \51,463 (2nd long service increment) Personal Secretary 1 Secretarial Assistant Secretarial Assistant salary scale \20,187 (min) to \38,948 p.a. (2nd long service increment) Executive Officer 1 Executive Officer EO salary scale (full PRSI) \28,021(min) to \44,458 (2nd long service increment) Clerical Officer 1 Clerical Officer CO salary scale (full PRSI) \21,245 (min) to \34,448 (2nd long service increment)

Consultancy Contracts. Ministerial Staff. 332. Mr. P. McGrath asked the Minister for 333. Mr. P. McGrath asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources the number and value of contracts awarded to the number of civil servants and other staff in his outside consultants by his Department in each of press office; and the grade and remuneration of the past five years; the details of the contracts each staff member. [31791/05] involved; and if these projects have reached fruition. [31776/05] Minister for Communications, Marine and Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey): The Natural Resources (Mr. N. Dempsey): In the time number of civil servants and other staff currently available, it has not been possible to identify and employed in the press office, which covers the assemble the information requested. My Depart- Minister, Minister for State and Department gen- ment is compiling the data sought by the Deputy erally, and information on the grade and in this regard and I shall forward it to him as soon remuneration of these staff is set out in the fol- as possible. lowing table.

Title Number Grade/Grade Equivalent Remuneration

Press Adviser 1 Principal Officer PO salary scale \75,036 (min) to \92,813 (2nd long service increment) Administrative Officer 1 Administrative Officer AO salary scale (full PRSI) \30,593 (min) to \54,173 p.a. (2nd long service increment) Executive Officer 1 Executive Officer EO salary scale (full PRSI) \28,021 (min) to \44,458 (2nd long service increment) Clerical Officer 1 Clerical Officer CO salary scale (full PRSI) \21,245 (min) to \34,448 (2nd long service increment) 269 Questions— 2 November 2005. Written Answers 270

Decentralisation Programme. additional expenditure over and above that already planned for these initiatives. The Depart- 334. Ms C. Murphy asked the Minister for ment has carried out a preliminary assessment of Communications, Marine and Natural Resources the possible costs associated with decentralisation the issues which have arisen following the risk in terms of both once off costs over the period of analysis being conducted on his Department’s relocation and ongoing annual costs post relo- decentralisation programme; the way in which it cation. Further comprehensive analysis is under is intended to address these issues; the projected way to underpin fully quantified estimates of cost of resolving these issues; the overall cost of these costs. his Department’s decentralisation programme; The major capital costs related to the decentra- and if he will make a statement on the matter. lisation of my Department to Cavan, Clonakilty [31972/05] and Drogheda relate to the acquisition of sites and building of facilities. These costs are being Minister for Communications, Marine and borne centrally and my Department is liaising Natural Resources (Mr. N. Dempsey): The risks closely with the Office of Public Works to ensure identified and strategies to mitigate their impact quality facilities are delivered commensurate with are set out in my Department’s decentralisation the value for money imperative. implementation plan. These risks cover the major areas of business and service continuity, partic- Passports for Investment Scheme. ularly significant staff turnover, financial manage- 335. Mr. Costello asked the Minister for For- ment and control, customer service and the logis- eign Affairs if his attention has been drawn to tics of relocation. Plans for managing and reports emerging from a court case in the Bah- mitigating the impacts of the process on the amas that a person (details supplied) who Department’s business and staff encompass a received an Irish passport under the passports for comprehensive knowledge management initiat- investment scheme has six Irish passports; the ive, human resource strategies and training and date on which the original passport was issued; development plans, ICT strategies aimed at the date on which each subsequent passport was enhancing the quality and benefits of automated issued; the location from which it was issued; the systems and maintenance of mission critical busi- circumstances in which it was issued; and if he ness areas and service levels. will make a statement on the matter. [31501/05] On the costs of implementing strategies to address the issues, the knowledge management Minister for Foreign Affairs (Mr. D. Ahern): It initiative, ICT strategy and training and develop- is important to state that the person in question ment strategies pre-date the decentralisation holds only one valid Irish passport. His first pass- programme. These initiatives have been port was issued in 1995 following the granting of synchronised with the decentralisation prog- citizenship through naturalisation to him by the ramme as major planks of our risk mitigation then Minister for Justice, Deputy Nora Owen. plans and have not to date resulted in material His passport history is set out as follows:

Place of Issue Date of Issue Status

Passport 1 Dublin 26/04/1995 Cancelled Passport 2 Dublin 18/01/1996 Cancelled Passport 3 Dublin 06/02/1997 Cancelled Passport 4 Dublin 08/04/1998 Lost Passport 5 Dublin 09/11/1999 Cancelled Passport 6 Dublin 26/07/2000 Valid

The first three passports were each returned for Minister and Deputy First Minister in Northern cancellation and new passports issued in their Ireland; if the document has the potential to place. The fourth passport was reported as lost provide the basis for a new policy and strategic and, as a result, a limited validity passport was framework for good relations between all com- issued in its place. This latter passport was munities in Northern Ireland; the Government’s returned in due course for cancellation and a view on the document; if he will act on its recom- replacement passport to full validity was issued. mendations; if he has raised the document with the Secretary of State for Northern Ireland; and if he will make a statement on the matter. Northern Ireland Issues. [31344/05] 336. Mr. Quinn asked the Minister for Foreign Affairs his response to the A Shared Future Minister for Foreign Affairs (Mr. D. Ahern): document published by the Office of the First The importance of building trust and improving 271 Questions— 2 November 2005. Written Answers 272

[Mr. D. Ahern.] however, to monitor progress in implementing community relations, tackling sectarianism and commitments arising from the joint declaration in addressing segregation in Northern Ireland was the area of improving community relations. We specifically acknowledged in the rights, identity keep in touch with the position at community and community section of the joint declaration level through engagement with local representa- published by the two Governments in 2003. tives on the ground, members of the NGO and Accordingly, the British Government was man- academic community and representatives of the dated to review good community relations and relevant official bodies. During my own frequent bring forward a strategic and integrated good visits to Northern Ireland, I make a point of relations policy. meeting individuals and community representa- The shared future document referred to by the tives from both traditions to hear their concerns. Deputy, A Shared Future — Policy and Strategic We will also maintain our dialogue with the Framework for Good Relations in Northern British Government on improving community Ireland, was published by the then Minister of relations, including issues arising from the docu- State for Northern Ireland, Mr. John Spellar, on ment, A Shared Future, and the forthcoming 21 March 2005. It sets out practical steps and action plan within the framework of the British- actions aimed at achieving a shared and inclusive Irish Intergovernmental Conference and at society. The new policy was informed by an earl- official level. ier report on community relations policy by Dr. Jeremy Harbison and drew on responses gener- Ministerial Representations. ated by a consultation document launched in January 2003. It includes such policy objectives 337. Mr. Gormley asked the Minister for For- as the elimination of sectarianism and racism, the eign Affairs if, in view of the recent appeal reduction of tension at interface areas, integrated against the prison sentence of a person (details education, mixed housing, the promotion of cul- supplied) in Denmark regarding the leaking of tural diversity, shared workplaces and community confidential threat assessments regarding Iraq to development and tackling disadvantage. a Danish newspaper, he has had talks with his The document lays out a comprehensive counterpart in Denmark regarding same; and if approach to the promotion of good relations he will make a statement on the matter. between all communities in Northern Ireland. [31382/05] The implementation of the strategy on the ground will be key in terms of ensuring this work Minister for Foreign Affairs (Mr. D. Ahern): I is ultimately successful. In that context we under- understand the person concerned was found stand that, arising from a comprehensive consul- guilty by a Danish court in November 2004 of the tation process, the British Government is due to unauthorised disclosure of confidential official publish a triennial action plan associated with the information. He was sentenced to six months shared future document in the coming months. imprisonment, under the Danish penal code. On This will further develop the aims and objectives appeal to the High Court in Denmark in set out in the document and specify detailed September this year, the sentence was reduced to actions to be taken by public authorities in four months. This is a matter for the Danish legal Northern Ireland to achieve them. system, and I have not discussed it with the For- The new shared future document contains eign Minister of Denmark. much that is welcome and timely. At the general level, we welcome the new policy’s recognition of Public Relations Contracts. the centrality of equality in creating the basis for good relations. At the more specific level, we also 338. Mr. P. McGrath asked the Minister for welcome, for example, the commitment in the Foreign Affairs the number and value of con- document to tackling the visible manifestations of tracts awarded for public relations projects by his sectarianism and racism, in particular inappropri- Department since December 2004. [31747/05] ate and aggressive displays of flags and emblems. I had a useful discussion on this issue with Sec- Minister for Foreign Affairs (Mr. D. Ahern): retary of State Peter Hain at the most recent No public relations contracts have been awarded meeting of the British-Irish Intergovernmental by my Department since December 2004. In the Conference on 19 October last. We are hopeful interest of completion, I mention that in the new policy, as elaborated in the forthcoming November 2004, following an open tender pro- action plan, could facilitate effective handling of cess, Development Co-operation Ireland this issue. employed the Cork based company, Real Event The recommendations contained in the docu- Solutions, to design, organise and manage a ment relate to actions to be taken by Depart- primary school competition around the theme of ments, agencies and public authorities in international development and the UN millen- Northern Ireland. They are, therefore, not nium development goals. The competition had a directed at the Government. We continue, public relations aspect aimed at encouraging 273 Questions— 2 November 2005. Written Answers 274 school participation, both at a regional and other staff employed in his constituency office; national level, and cost \17,204, including VAT. and the grade and remuneration of each. [31762/05]

Ministerial Staff. Minister for Foreign Affairs (Mr. D. Ahern): The following table sets out the number of per- 339. Mr. P. McGrath asked the Minister for sonnel in my constituency office, their positions Foreign Affairs the number of civil servants and and salary scales:

Grade/Position Number Salary scale

Personal Assistant (non-established) 1 Higher Executive Officer scale \40,543-\51,463 Executive Officer 1 Executive Officer scale \28,021-\44,458 Clerical Officer 2 Clerical Officer scale \21,245-\34,448 Clerical Officer 1 Clerical Officer scale \20,181- \32,728

Total 5

Consultancy Contracts. ment’s information technology infrastructure at headquarters and in our missions abroad and to 340. Mr. P. McGrath asked the Minister for the development of an automated passport pro- Foreign Affairs the number and value of con- duction system, APS. The upgrading of the tracts awarded to outside consultants by his Department’s information technology infrastruc- Department in each of the past five years; the ture commenced in 2002 and covered a broad details of the contracts involved; and if these pro- range of technologies which required specialised jects have reached fruition. [31777/05] expertise in a number of areas. No fixed contract was agreed with a single supplier or contractor. Instead, rates were agreed for specialised expert- Minister for Foreign Affairs (Mr. D. Ahern): ise with several contractors and these were util- The Department of Foreign Affairs is responsible ised on a draw-down basis, as and when required. for two Votes — Vote 28, foreign affairs, and The information relating to Vote 29, develop- Vote 29, international co-operation. The Depart- ment co-operation, is set out in Table B. The vast ment commissions consultancies where special- majority of these consultancies have been com- ised knowledge and-or skills are not available pleted. Those with an asterisk (*) beside them within the Department and, particularly in the represent ongoing assignments. Consultancies case of the Development Co-operation Ireland, undertaken by Development Co-operation DCI, programme, where an independent eval- Ireland cover a wide range of sectors, including uation of programmes and projects is required. HIV-AIDS, education, health and rural develop- The awarding of the contracts referred to below is ment. A high proportion of these concern the done at official level and I have had no personal monitoring, review and evaluation of develop- involvement in the process. ment programmes and projects commissioned at The information requested by the Deputy for headquarters to ensure quality and value for Vote 28 is set out in Table A. The majority of money. These consultancies are almost always expenditure on consultancies during the period in based on a daily rate of payment with a maximum question relates to the upgrading of the Depart- number of days stipulated in the contract.

Table A Vote 28 Consultancies — 2000

Company Service Provided Actual Cost Status

\

Padraig White To advise the Garvaghy Roads Residents Coalition on broad issues of strategy with particular reference to economic development. 15,240.00 Ongoing Prof. Gerard Quinn Compulsory State Report required for the submission under the Council of Europe Framework Convention for the Protection of National Minorities 6,348.00 Completed ECA International Review of Foreign Services Allowances 775.00 Completed Raphael Siev Legal Consultancy Services 495.20 Completed Eugene Downes Cultural Programme Co-ordinator 24,685.70 Completed Noel Dorr Intergovernmental Conference Representative 3,809.21 Completed in 2002 275 Questions— 2 November 2005. Written Answers 276

[Mr. D. Ahern.]

Vote 28 Consultancies — 2001

Company Service Provided Actual Cost Status

\

RITS Review of firewall design 3,750.00 Completed Price Waterhouse Coopers Report on the viability of the Irish Centre at Digbeth, Birmingham St£19,387.50 Completed Padraig White To advise the Garvaghy Roads Residents Coalition on broad issues of strategy with particular reference to economic issues 17,526.00 Ongoing Farrell, Grant Sparks Procurement and Tendering advice regarding the proposed Automated Passport Production System (APS) 42,250.00 Completed in 2002 Dr. Tom Hardiman Ireland’s Representative on the Board of Governors of the Asia Europe Foundation (ASEF) 18,812.00 Ongoing Mazaars Consulting Ltd. Implementation of a new payroll system 148,498.41 Completed Eugene Downes Cultural Programme Co-ordinator 50,494.41 Completed Noel Dorr Intergovernmental Conference Representative 40,227.77 Completed in 2002 Fiach MacChongail Programme Manager, Irish Cultural Centre Paris 39,519.35 Completed in 2003

Vote 28 Consultancies — 2002

Company Service Provided Actual Cost Status

\

Cap Gemini Ernst & Young Consultancy in respect of the development of the Department’s ICT Strategy 155,101.26 Completed in 2003 Cara Review of Global Network Services 27,553.71 Completed Crannog Technical services to assist upgrade of e-mail system 20,534.75 Completed in 2004 DSS Technical resources to assist upgrade of ICT infrastructure and provision of resources for ICT Helpdesk services 147,818.64 Ongoing Octogon EU Scrutiny Website development 9,876.63 Completed RITS ICT Security services to assist delivery of ICT Programmes 15,395.00 Ongoing Padraig White To advise the Garvaghy Roads Residents Coalition on broad issues of strategy with particular reference to economic development 7,683.50 Ongoing Price Waterhouse Coopers Cross-Border mobility study 47,870.00 Completed Indecon Review of “Encounter” organisation 31,097.00 Completed Farrell, Grant Sparks Procurement and Tendering advice regarding the proposed Automated Passport Production System (APS) 44,130.00 Completed Clifford Associates Project Management Advice — APS Due for completion 14,240.00 in early 2006 Bearingpoint Main Contractor in the development of the Due for completion delivery of the APS 4,390,760.00 in early 2006 Mason Hayes and Curran Contract and Legal Advice — APS Due for completion 268,600.00 in early 2006 Dr. Tom Hardiman Ireland’s Representative on the Board of Governors of the Asia Europe Foundation (ASEF) 43,464.79 Ongoing Declan Ryan Consultancy Consultation on beverage provisions (including procuring, discounts and stocking) 4,000.00 Completed 277 Questions— 2 November 2005. Written Answers 278

Company Service Provided Actual Cost Status

\ William Schabas Representation of Ireland at meetings of the Council of Europe’s Special Committee on the Legal Status of NGOs 1,370.00 Completed Anglia Polytechnic Study of the existing sources of information/analysis about Irish emigrants and Irish communities abroad. 58,041.53 Completed McCann Fitzgerald Review of the Department of Foreign Affairs’ practices in the payments of Foreign Service allowances and entitlements to staff serving abroad in the context of existing equality and employment legislation. 15,427.50 Completed Drury Communications Advice on a comprehensive communications strategy aimed at improving the transmission of information about the EU to the Irish public. 62,999.86 Completed Eugene Downes Cultural Programme Co-ordinator 33,478.64 Completed Fiach MacChongail Programme Manager, Irish Cultural Centre Paris 52,306.87 Completed in 2003 Geraldine Skinner Legal Consultancy Services 3,990.58 Completed Noel Dorr Intergovernmental Conference Representative 5,079.97 Completed

Vote 28 Consultancies — 2003

Company Service Provided Actual Cost Status

\

Cap Gemini Ernst & Young Consultancy in respect of the development of the Department’s ICT Strategy 22,732.88 Completed Cara Technical resources to assist upgrade of ICT infrastructure 333,773.98 Ongoing Crannog Technical services to assist upgrade of e-mail system 41,143.70 Completed in 2004 DSS Technical resources to assist upgrade of ICT infrastructure and provision of resources for ICT Helpdesk services 643,470.32 Ongoing Hewlett Packard Technical resources to assist upgrade of ICT infrastructure 45,980.74 Completed in 2004 Microsoft Technical design of ICT Infrastructure 30,461.75 Completed in 2004 RITS ICT Security services to assist delivery of ICT Programmes 300,359.26 Ongoing Centre for Cross-Border Cross-Border mobility study Studies 19,440.00 Completed Cornwell (formerly Clifford (1) Project Management Advice — APS (1) Due for completion Associates) (1) 106,000.00 in early 2006 (2) Technical advice on the technical architecture for APS (2) 137,764.64 (2) Completed 2004 Bearingpoint Main Contractor in the development of the Due for completion in delivery of the APS 14,936,500.00 early 2006 Mason Hayes and Curran Contract and Legal Advice — APS Due for completion in 9,500.00 early 2006 Dr. Tom Hardiman Ireland’s Representative on the Board of Governors of the Asia Europe Foundation (ASEF) 39,687.86 Ongoing Front Line Study on possible EU Guidelines on Human Rights Defenders 25,000.00 Completed Eugene Downes Cultural Programme Co-ordinator 20,470.42 Completed Fiach MacChongail Programme Manager, Irish Cultural Centre Paris 103.40 Completed Michael Barsanti Text for international Joyce exhibition 1,000.00 Completed Labyrinth Design of Ireland’s EU Presidency Website 257,889.49 Completed in 2004 Amas Design of Youth section of Presidency website and search engine optimisation 53,280.51 Completed in 2004 279 Questions— 2 November 2005. Written Answers 280

[Mr. D. Ahern.]

Company Service Provided Actual Cost Status

\ Red Dog Design Design of the EU Presidency logo, the branding of the Presidency and other project management costs for campaigns to promote regional awareness of the Presidency and to promote the Presidency website. Also includes ancillary production charges relating to costs incurred on technical issues such as printing, display units and backdrops etc. 49,419.12 Completed in 2004

Vote 28 Consultancies — 2004

Company Service Provided Actual Cost Status

\

Cara Technical resources to assist upgrade of ICT infrastructure and provision of resources for ICT Helpdesk services from October 2004 827,394.84 Ongoing Crannog Technical services to assist upgrade of e- mail system 53,542.50 Completed DSS Technical resources to assist upgrade of ICT infrastructure and provision of resources for ICT Helpdesk services up to October 2004 1,234,630.47 Ongoing Hewlett Packard Technical resources to assist upgrade of ICT infrastructure 39,023.41 Completed Microsoft Technical design of ICT Infrastructure 9,044.99 Completed RITS ICT Security services to assist delivery of ICT Programmes 321,164.31 Ongoing Will Taylor Technical services to assist delivery of ICT Programmes 190,904.59 Completed Cornwell (formerly Clifford (1) Project Management Advice — APS (1) Due for completion Associates) (1) 314,000.00 in early 2006 (2) Technical advice on the technical architecture for APS (2) 229,546.68 (2) Completed Bearingpoint Main Contractor in the development of the Due for completion in delivery of the APS 14,358,000 early 2006 Mason Hayes and Curran Contract and Legal Advice — APS Due for completion in 9,971.00 early 2006 Dr. Tom Hardiman Ireland’s Representative on the Board of Governors of the Asia Europe Foundation (ASEF) 31,694.40 Ongoing Declan Ryan Consultancy Consultation on beverage provisions for EU Presidency 2,500.00 Completed Deirdre Donohue Organisation of December 2004 DFA/NGO Human Rights Forum 1,292.46 Completed Labyrinth Design of Ireland’s EU Presidency Website 245,829.31 Completed Amas Design of Youth section of Presidency website and search engine optimisation 81,340.18 Completed Fusio Upgrade of Departmental Website 11,188.30 Completed Red Dog Design Design of the EU Presidency logo, the branding of the Presidency and other project management costs for campaigns to promote regional awareness of the Presidency and to promote the Presidency website. Also includes ancillary production charges relating to costs incurred on technical issues such as printing, display units and backdrops etc. 251,363.15 Completed 281 Questions— 2 November 2005. Written Answers 282

Company Service Provided Actual Cost Status

\ Balcombe Helicopters Provision of technical advice regarding helicopter transport for the EU Enlargement Day events in Dublin, 1 May, 2004 4,235.00 Completed Melt design Design and type setting of publication entitled “Growth, Jobs and Social Cohesion: What Europe is Doing for You” 1,940.84 Completed A&L Goodbody Expenditure Review Report on the Department’s EU Accession Training Programmes 4,878.42 Completed Eugene Downes Cultural Programme Co-ordinator 24,126.33 Completed Dr. Renata Dwan Research in relation to the link between civilian crisis management and development assistance 15,000.00 Completed Declan Kiberd Editorial Advice on international Joyce exhibition and Beckett-related project work 900.00 Completed Laura Weldon Beckett-related project work 1,750.00 Completed

Vote 28 Consultancies — 2005 (to date)

Company Service Provided Actual Cost Status

\

Cara Technical resources to assist upgrade of ICT infrastructure and provision of resources for ICT Helpdesk services 1,466,897.97 Ongoing DSS Technical resources to assist upgrade of ICT infrastructure 725,237.60 Ongoing RITS ICT Security services to assist delivery of ICT Programmes 258,021.02 Ongoing Version1 Technical resources to assist delivery of ICT Programmes 288,807.90 Ongoing Cornwell (formerly Clifford (1) Project Manager and Acceptance (1) Due for completion in Associates) Testing — APS (1) 87,060.00 early 2006 (2) Technical advice on the preparation of request for tenders for a new Automated Visa System (2) 45,323.58 (2) Completed (3) Performance review of APS (3) 43,763.28 (3) Completed Bearingpoint Main Contractor in the development of Due for completion in early the delivery of the APS 497,300.00 2006 Mason Hayes and Curran Contract and Legal Advice — APS Due for completion in early 20,780.00 2006 Dr. Tom Hardiman Ireland’s Representative on the Board of Governors of the Asia Europe Foundation (ASEF) 40,698.47 Ongoing Ronan Daly Jermyn, Legal Advice in connection with Solicitors contracts 3,025.00 Completed Declan O’Neill Evaluation of e-payments solution for the Department 4,000.00 Completed ECA International Examination of the structure of foreign service allowances and other entitlements available to officers serving overseas 3,418.00 Completed Eugene Downes Cultural Programme Co-ordinator 25,029.12 Ongoing Declan Kiberd Editorial Advice on international Joyce exhibition and Beckett-related project work 1,250.00 Completed Ronan McDonald Beckett-related project work 2,000.00 Completed 283 Questions— 2 November 2005. Written Answers 284

[Mr. D. Ahern.]

Company Service Provided Actual Cost Status

\ Padraig White To advise the Garvaghy Roads Residents Coalition on broad issues of strategy with particular reference to economic development 22,282.15 Ongoing

Table B — Development Cooperation Directorate Consultancy Costs 2000

Consultant Consultancy Title Amount

\

Centre for Adult and Community Fellowship Policy guidelines & Application / Selection Criteria Education Fellowship Policy 2,475.99 Timothy O’Dempsey Participation in Roll Back Malaria Meeting, WHO Geneva 2,350.5 John Kevany Appraisal of International AIDS Vaccine Initiative (IAVI) Proposal 10,221.39 Desiree Dietvorst Presentation at Like-minded meeting on SWAPs Dublin 3,573.09 The Economic & Social Research DAC Capacity Network meeting Dublin April 2000 Institute 3,313.18 Moss McCormack Programme Document for Ireland Aid Assistance to Health Sector, Lesotho 3,739.7 Robert Smith Appraisal of Ireland Aid Support to Jimma University, Ethiopia 8,033.61 Vivienne Forsythe Appraisal of Ireland Aid Support to Jimma University, Ethiopia 11,265.04 Mary Jennings Review of Save the Children Micro Credit Project, Palestine, March 2000 6,162.85 John Grindle Attendance at Expert Group Meeting on Economic Vulnerability, Paris 1,168.12 Jim Kinsella Bethel Evaluation, Lesotho, March 2000 6,911.12 Educational Research Centre Assessing Quality of Teaching in Primary Schools, Kibale District, Uganda, March 2000 6,012.59 Centre for Adult and Community Report on meeting of like minded Donors on SWAPS — March 2000 Education 3,174.35 Ruairi Brugha Joint Ministry of Health/ Partners Review of Health Plan of Action, Tanzania March 2000 7,445.78 Ann Bourke Garcia Preparation of Programme of support in Health Sector for Ireland Aid Tanzania 12,804.9 Cathy Gaynor Preparation of Report for the World Conference on Education for All, Dakar, Finalisation of Education Guidelines, Attendance at Regional Advisers’ Workshop on Education March-September 2000 15,236.86 Monica Gorman Seminar on A Environmental Best Practice in Development Programmes @ Report, 23 March 2000 571.38 Deloitte & Touche Review of Ireland Aid Procurement Procedures, March- June 2000 57,083.09 IAAC/ Prof. John Jackson Attendance at the United Nations Commission on Population and Development 5,743.41 Dr. Timothy O’Dempsey Participation in Operational Research Workshop, Ethiopia, Phase 1, March 2000 2,539.22 Peit Jan Zijlstra/ CDP Consultants Evaluation of Area-Based Programmes, Dublin March April 2000 60,176.48 Orlaith McCaul Evaluation of Area Based Programmes, Dublin March-April 2000 5,889.93 Swithun Goodbody Attendance at IFPRI Workshop in Malawi — March-April 2000 4,646.8 Andrew O’Connell Strategy and Guidelines for Ireland Aid support to Health Component in the District Development Programmes-April 2000 5,715.46 Nick Chisholm Preparation of Ireland Aid Policy & Guidelines on Agriculture 12,597.59 Peadar Cremin Curriculum Development and Implementation for Palestinian Ministry of Education: April 2000 5,401.44 David O’Grady Curriculum Development and Implementation for Palestinian Ministry of Education: April 2000 5,291.99 Eamonn Brehony Feasibility Study on the proposed Mungwi Council Sugar Cane Out- Growers Scheme, Zambia, April-May 2000. 4,826.12 Nick Chisholm Attendance at the Preliminary Appraisal Committee and the pre-Project Appraisal and Evaluation Group Meetings April 2000-March 2001 4,441.07 285 Questions— 2 November 2005. Written Answers 286

Consultant Consultancy Title Amount

\ Noel Whelan Attendance at the Preliminary Appraisal Committee and the pre-Project Appraisal and Evaluation Group Meetings April 2000-March 2001 6,148.22 Mike FitzGibbon Desk Study re Accounting Database in District Development Programmes, Tanzania 1,976.26 David McKevitt Programme Aid Seminar May 2000 1,100.01 Bannock Consulting Programme Aid Seminar May 2000 1,100.81 Vivienne Forsythe Strategy and Sector Guidelines in Emergency Humanitarian Assistance, Emergency Preparedness and Post Emergency Rehabilitation 3,656.85 Conor Ward Support to the Bethlehem 2000 Palestinian Heritage Centre at Bethlehem University — May 2000 3,669.85 Nils Boesen, AS Denmark Review of NGO Block Grant Muiti-annual Funding — May-June 2000 27,297.43 Swithun Goodbody Evaluation of Ireland Aid support to IFAD and CGIAR — May-June 2000 18,143.38 Colin O’Sullivan Member of CSC Interview Board for IT Specialist, Development Cooperation Division 1,269.74 Terence George Baker Development of the Curriculum for a Diploma course in Medlab Science 13,764.94 John Kevany Attendance at EU HIV/AIDS Vaccine Task Team Meeting: Brussels May 2000 1,608.24 Andrew Burke Review of Education Support to Northern Province, South Africa 8,063.1 REPIM Ltd Programme Aid Seminar May 2000 2,296.74 Cathal Higgins Review of Education Support to Northern Province, South Africa 8,122.53 Tom Dolan, ODT Development Reviewing Plans and Programme to Reform the Justice Cluster in South Consultancy Africa 6,557.52 John Grindle Background Paper on Political and Economic Developments, SA in preparation for Country Strategy Review — June 2000 4,357.7 Lars P Christensen Evaluation of Ireland Aid Contributions to UNDP,UNICEF & UNFPA June-Sept 2000 11,500.3 Nedworc Foundation Evaluation of Ireland Aid Contributions to UNDP,UNICEF & UNFPA June-Sept 2000 2,765.59 Piet Jan Zijlstra / CDP Consultants Evaluation of Area-based Programmes, Ethiopia/Tanzania/Mozambique/Tanzania: Phase 11 — June/July & Sept 2000 10,602.85 Orlaith McCaul/ Development Evaluation of Area-Based Programmes-Phase 2 — Tanzania/ Studies Centre Amsterdam/Tanzania 23,365.61 Liverpool School of Tropical Mid-term Review of the Reproductive Health Services Project, Northern Medicine Province, Zambia June 2000 14,972.15 Brenda Corcoran Review of the National Tuberculosis Programme, Tanzania June 2000 9,208.14 Matthew Jowett Attendance at WHO meeting on partnership in Health and Poverty, Geneva 12-14 June 2000 2,353.45 Thomas Kellaghan Issues Paper for Attendance at International working Group on Education — Florence, June 2000 2,623.37 Nick Chisholm DAC Environmental Meeting June 2000 1,091.59 Mike Scott Member of Civil Service Commission Interview Board forDCD Accountant, June 2000 1,269.4 David Lovegrove Foreign Investment Advisory Mission to Laos 8,610.78 John Kevany EU Health Aids Population Experts Meeting Brussels 1,404.75 Sean Courtney Increase Management Capacity of the Ireland Aid Country Programme, Tanzania, July-October 2000 15,236.86 Bernard Mc Loughlin Appraisal of Inception Report on the Establishment of an ED-SDP Pooled Fund, Tanzania 444.41 Seamus McGuinness Mid-term Review/ Evaluation of the Whole School Development in Tanzania July/August 2000 3,300.05 Bernadette Crawford Participation In Ireland Aid Education Seminar Aug 2000 2,631.16 Iain Atack Review of 3-year Programme 1998-2000 on Human Rights, Democratisation and Good Governance — August 2000 2,365.84 Mary Jennings Participation in Regional HIV/AIDS Workshop, Uganda, Sept 00 5,845.73 Vivienne Forsythe Review of CHAL-RHDP Project Lesotho Sept 00 7,552.73 287 Questions— 2 November 2005. Written Answers 288

[Mr. D. Ahern.]

Consultant Consultancy Title Amount

\ Mike Ratcliffe (HRDC) Evaluation of Trocaire Block Grant Projects in Central America Aug 00 19,141.92 Grant Thornton Review of DCO Administration Budgets and Budgeting Procedures — Aug-Oct 2000 23,568.74 Centre for Arid Zone Studies, Review of Agriculture Programme in Ethiopia, Aug-Sept00 University of Wales 19,166.29 UCD (Dept. of Agribusiness Sokoine Extension Programme Tanzania, Sept 00 Extension & RD) 8,226.84 John Grindle Evaluation of Tanga Coastal Zone Programme — Phase II 12,315.25 Bernadette Crawford Strategic Approach to Health and Education SWAps in the Priority Countries — Sept-Nov 00 2,285.53 Moss McCormack Attendance at WHO Seminar on Quality Improvement Strategies for Middle & Low Income Countries September 2000 963.67 Nick Chisholm DAC Environmental Conference-Amsterdam 2,130.51 John Kevany Inter Agency Group Meeting on SWAPs Geneva 2,478.35 John Kevany Ireland Aid Health Policy/ Programme Development: September- December 2000 13,558.01 Sean Courtney Increase Management Capacity of the Ireland Aid Country Programme, Tanzania 16,760.54 Iain Atack To attend SIDA Workshop A Promoting a Human Rights Approach in Development Cooperation @ Stockholm October 2000 2,632.76 Nick Chisholm To attend CGIAR Annual Centres Week Washington, October 2000 3,330.76 Therese Dooley Review of Primary Schools Construction & Bursary Project for Participation of Education Sector Support Programme for Lesotho October Nov 2000 6,610.88 Roger Avenstrup Review of Primary Schools Construction & Bursary Project for Preparation of Education Sector Support programme for Lesotho Nov-Dec 2000 & Jan 01 15,505.05 Roger Avenstrup Ethiopia ESDP Mid-term Review 10 February-4 March 2001 18,658.66 Dr. Shane Allwright Appraise the desirability of Ireland Aid support for the Mwanza Intervention Trial, Tanzania 3,718.39 Moss McCormack Health Sector Review Lesotho November 2000 3,889 Bernadette Crawford Health Sector Consultation November 2000 406.91 Vivienne Forsythe Health Sector Consultation November 2000 540.38 Dr. Maura Connolly Health Sector Consultation November 2000 903.98 Dr. Bert Schreuder Health Sector Consultation November 2000 1,223.19 Philip Ryan / Precept consulting Management Review, Maputo 15,465.52 Kim Forss /Andante Consultants Participation in Health SWAP Meeting Amsterdam, November 2000 AB 4,295.12 Diarmuid McClean Technical Support to UNICEF, Ghana, re Ireland Aid supported HIV/Aids programme: Nov-Dec 2000 5,947.77 Moss McCormack Mid term Review of Medlabs Project Zambia December 2000 (paid in 2002) Edward O’Loughlin Production of an Ireland Aid Administrative procedures and Operations manual(s) December-June 2001 14,220.17 Deloitte & Touche Quality Review of the Evaluation and Audit Unit. Dec 2000-Feb 01 40,966.58 COWI Evaluation of Ireland Aid Contributions to the UN 45,858.94

Development Cooperation Directorate Consultancy Costs 2001

Consultant Consultancy Title Amount

\

Aidan Pender/PA Consulting Facilitator to the Ireland Aid Review Committee Group 31,452.35 Andrew Burke Co-ordination of study visit to Ireland by Education officials from Uganda, Ethiopia, Zambia Mozambique and S A (Nov 2001) 9,885.68 Bernard McLoughlin Sidama Area Based Programme Evaluation: Ethiopia (March 2001) 12,914.90 289 Questions— 2 November 2005. Written Answers 290

Consultant Consultancy Title Amount

\ Bernard McLoughlin Review of Financial Control Capacities and Elaboration of Programme Expansion Proposals (June, 2001) 13,093.88 Brian Barr Roads Consultancy for Ireland Aid — Ethiopia Programme 11,381.32 Cathal Higgins Participation in ongoing monitoring and review of Ireland Aid Education Programmes (Jan-Dec 2001) 46,659.36 CDP Consultants Participation of Mr. Taco Kooistra in the evaluation of NGO Block Grant Scheme: Bangladesh and India (Feb & Mar 2001) 22,431.20 CDP Consultants Participation in Sidama Area-based Programme Evaluation — Ethiopia (Feb -Apr 2001) 24,966.46 CDP Consultants Souther Nations, Nationalities and Peoples Regional State (SNNPRS) Needs Assessment- Ethiopia (Nov 2001) 5,249.76 Centre for Arid Zone Studies Support to Review of IFSP and Preparation of Position Paper — (CAZS) Ethiopia (Sep 2001) 14,525.14 CHL Consulting Group Ex-Post Evaluation of Hotel and Tourism Training — Zambia (Oct- Nov 2001) 13,123.09 COWI Evaluation of Ireland Aid Contributions to UNHCR and OHCHR (Sep-Nov 2001) 7,488.00 Deloitte & Touche Study to Develop a Risk Management Process in Ireland Aid. 33,492.16 Development Studies Centre Participation of Ms Orlaith McCaul in the Sidama Area-based Programme Evaluation — Ethiopia (Feb-Apr 2001) 16,297.33 Diarmuid McClean Participation in ongoing support to Ireland Aid in the Health Sector (Feb-Jul 2001) 4,072.93 Diarmuid McClean Health — Programme Support and Development (Oct 01-Mar 02) 2,886.63 Dr. Albert de Groot/ Netherlands Macro-economic Support to Mozambique (Mar-Apr 01) Economic Institute 13,717.13 Dr. Ian Robinson — Centre for Participate in workshop in Dublin re. developing an Ireland Aid Arid Zone Studies, University of Policy and Guidelines for Agriculture Wales, Bangor 1,851.88 Dr. Jim Phelan Attendance at Agriculture Workshop — Tanzania (May 2001) 2,744.86 Dr. Timothy O’Dempsey Participation in Operational Research Workshop (Ethiopia); March 2001 939.06 Edward O’Loughlin Production of an Ireland Aid Administrative procedures and Operations manual(s) December — June 2001 20,320.00 Eric Woods Review of Teacher Education in the Context of the Education Sector Development Programme — Ethiopia, November 2001 3,657.60 Gavin Olney Assessment of Microfinance Sector in Kibale, Kiboga, and Kumi — Uganda 10,203.51 HELM Corporation Ltd Review of Current Practice in Lesson Learning from Evaluations at Country Level. October -November 2001 24,126.76 Horwath Bastow Charlton Review of Financial Management Systems of NGOs 40,327.97 IG Harmond Associates Review of Ireland Aid Support to the Rural Access Sector — Lesotho (Aug-Sep 2001) 12,617.28 John Grindle Participation in workshop on developing an Ireland Aid Policy and Guidelines for Agriculture: Agriculture Conference, Dublin (10- 11 January 2001) 6,200.14 John Grindle Assistance to the Czech and Lithuanian Foreign Ministries (April- June 2001) 9,106.70 John Grindle On-going review of Ireland Aid’s policy on debt (May 2001-April 2002) 17,207.23 John Grindle Review of the Ireland Aid Country Programme-Lesotho (Oct-Nov 2001) 2,000.25 John McKinnon Seminar on proposal to provide General Budget Support to Uganda — Dublin (4 April 2001) 689.71 John Telford / EMMA Ltd. Review of NGO activities in Gujarat, India (April-June 2001) 7,297.51 Kevin Carroll Support to IA’s Health Advisers (Sep 01-Aug 02) 8,336.57 Kevin Carroll Preparation of Discussion Paper on Governance/ Civil Society for Programme Officers Meeting (Nov. 2001) 1,905.00 Kevin Carroll Workshop on Sector Wide Approaches (SWAPs)-Lesotho (Oct 2001) 4,493.95 Liverpool School of Tropical Participation of Ms Monica Burns in Mid-term Review of the Medicine HSDP — Ethiopia (February-March 2001) 30,081.70 291 Questions— 2 November 2005. Written Answers 292

[Mr. D. Ahern.]

Consultant Consultancy Title Amount

\ Liverpool School of Tropical Participation of Mr Peter Petit in Mid-term Review of the HSDP Medicine Ethiopia (February-March 2001) 21,836.14 London School of Hygeine and Participation of Dr. Ruairi Brugha in Joint Ministry of Tropical Medicine Health/Partners Review of Health Plan of Action — Tanzania (March 2001) 15,580.01 Mary Oduka Member of Ireland Aid Interview Board for Programme Officer (October 2001) 1,270.00 Michael Kelly Participation in facilitation of workshop on HIV/AIDS and presentation of paper on HIV/AIDS (February-March 2001) 2,698.98 Michael Scott Assessment of the operations of AMSCO (April-June 2001) 5,043.63 Monica Burns, LATH Annual Review Meeting of HSDP — Ethiopia (June 2001) 12,265.60 NEDWORC Participation of Mr Henk Mutsaers at the Agriculture Conference Workshop on Developing an Ireland Aid Policy and Guidelines for Agriculture: Dublin (11-12 January 2001) 3,140.20 Niall McDermott , Barry Mozambique Road Sector Analysis (June 2001) International Consulting Engineers 20,550.60 Nick Chisholm Attendance at the Preliminary Appraisal Committee and the pre- Project Appraisal and Evaluation Group Meetings ( April 2000- March 2001) 6,020.69 Nick Chisholm Participation in workshop on developing an Ireland Aid Policy and Guidelines for Agriculture: Agriculture Conference, Dublin (10- 11 January 2001) 977.09 Nick Chisholm Ongoing Attendance at Meetings of DAC Working Party on Environment (March 2001 to March 2002) 3,993.39 Nick Chisholm Seminar on proposal to provide General Budget Support to Uganda — Dublin (4 April 2001) 563.25 Nick Chisholm Agriculture Position Paper in preparation for the Country Strategy Paper, Ethiopia ( August 2001) 9,096.92 Noel Molony Review of Current Support to Rwanda -Phase 1 (December 2001) 1,143.00 Olga McDonagh Administrative arrangements between Ireland Aid and ICOS (March-April 2001) 4,445.00 Overseas Development Institute, Participation of Mr. Mick Foster in Joint Donor Budget Support London Mission (PRSC) — Uganda (January 2001) 21,689.77 Philip Ryan Member of Ireland Aid Interview Board for Human Resources and Outsourcing Manager (October 2001) 2,743.20 Philip Ryan / Precept Consulting Consultancy report to DCD for the Ireland Aid Review April (July 2001) 13,716.00 Prof. John Kevany Health — Intermittent Specialist Support (October 2001-March 2002) 4,014.56 Prof. John Kevany Participation in ongoing monitoring on draw-down basis of Ireland Aid support to the International AIDS Vaccine Initiative — IAVI (2001-2002) 8,840.69 Prof. John Kevany Global Health Initiatives Stockholm 2,123.94 Pyramid Consulting Ltd. Information & Communication Technology (ICT) and Development (1-16/2/2001) 5,715.00 Seamus O hUllachain Facilitator for Study Visit to Ireland (Nov 2001) 3,810.00 Sean Courtney Increase management capacity of the Ireland Aid Country Programme, Tanzania (17 January-16 March 2001) 11,582.40 Sean Courtney Support to the Ireland Aid Country Programme, Tanzania (April- July 2001) 16,154.40 Sean Courtney Support to the Ireland Aid Country Programme, Tanzania (Aug- Oct 2001) 15,240.00 Sean Courtney Support to the Ireland Aid Country Programme, Tanzania (01 November 2001-31 January 2002) 4,572.00 Sorcha Corcoran Production of the Ireland Aid Annual Report 8,628.38 Susan Bragdon CGIAR/IPGRI Speak at a workshop on Genetic Resources for Agriculture Dublin (8-9 Jan 2001) 833.63 293 Questions— 2 November 2005. Written Answers 294

Consultant Consultancy Title Amount

\ Swithin Goodbody Participation in Agriculture Conference Workshop on developing an Ireland Aid Policy and Guidelines for Agriculture (Dublin); 11&12/1/2001 (classified as an extension of contract for Evaluation of Ireland Aid support to IFAD and CGIAR (May- June 2000) 1,263.56 T & B Consult Review of Ireland Aid’s support to the Development Studies Centre, Kimmage Manor (Sep-Nov 2001) 6,229.35 Therese Dooley Participation in the Facilitation of workshop on Monitoring and Evaluation (February-March 2001) 1,524.00 Therese Dooley EU Water Experts Meeting Stockholm (23-24 April 2001) 2,325.19 Therese Dooley Water & Sanitation sector, SA & Zambia (June-July 2001) 16,360.08 Therese Dooley Global Health Fund Meeting Geneva (Jun 01). Global Fund for AIDS & Health Brussels (Jul 01) 4,103.50 Therese Dooley Preparation for Formulation of CSP-Ethiopia, Water Sector (Sep- Oct 2001) 11,986.73

Development Cooperation Directorate Consultancy Costs 2002

Consultant Consultancy Title Amount

\

Avenstrup, Roger Review of IA support to Education Sector — Lesotho (Dec 2001) 8,956.05 McGuinness, Seamus Mid-term review/evaluation of Whole School Development — Tanzania (Jul-Aug 2000) 10,681.75 Courtney, Sean Support to the IA Country Programme — Tanzania (Nov 01 to Jan 02) 10,668.00 Sugrue, Ciaran Joint External Appraisal of MoE Strat Plan — Zambia (Jul-02) 5,522.71 Long, Jean Evaluation of the Copperbelt Maternity Clinics & the Northern Province Reproductive Health Projects — Zambia (Jul-Aug-02) 9,776.42 Crawford, Bernie Development of a Sector Strategy Paper for Urban Development (POCMUS) — Zambia (Jul-Aug-02) 8,740.96 McDowell, Moore Preparation in the GoZ /WB workshop on “Deeping Economic Diversification in Zambia” — Zambia (Jun-02) 9,710.38 McCormack, Moss Mid-term review of the Medlabs Project — Zambia (Jul-02) 6,800.00 Riverine Consulting Good Governance Northern Province Needs Assessment — Zambia (Jul-Aug 02) 3,291.00 Mtonga, V Review of the Cooperbelt Reproductive Health — Zambia (Jul- Aug-02) 1,524.00 Milimo, J Water Northern Province KAP Survey — Zambia (Jul-Aug-02) 5,515.00 RuralNet HIV/AIDS Capacity Needs Assessment OVC Programme Copperbelt — Zambia (Jul-Aug-02) 4,010.00 Sikwibele, A Northern Province Education BTL Review — Zambia (Jul-Aug-02) 4,995.00 Burke, Andrew Review of IA support to Primary Education Reform Programme — Uganda (Jul-Aug-02) 15,031.98 Dolan, Tom Justice Law & Order Sector Review — Uganda (April-May 01) 13,205.54 Dolan, Tom Preparation of PAEG Documents (2001) 2,795.82 Dolan, Tom Justice Law & Order Sector & Anti Corruption — Uganda (May- Jun 01) 33,023.43 Dolan, Tom Visit of Uganda CRC to Ireland, Preparatory Work (Jan-02) 1,766.84 Dolan, Tom Justice Law & Order Sector Review- Uganda (Nov 01) 12,457.06 O’Sullivan, Margo Review of IA support to Primary Education Reform Programme — Uganda (Jul-Aug-02) 10,059.00 Avenstrup, Roger Review Teacher Education — Ethiopia (Nov-01) 15,658.8 Avenstrup, Roger ESDP Annual Review — Ethiopia (April-02) 8,379.2 CDP Consultants SNNPRS Needs Assessment — Ethiopia (Feb-Apr) 15,108.45 CDP Consultants SNNPRS Needs Assessment Phase II — Ethiopia (May-02) 11,808.87 Higgins, Cathal Assessment of Teacher Education — Ethiopia (2001) 5,731.00 295 Questions— 2 November 2005. Written Answers 296

[Mr. D. Ahern.]

Consultant Consultancy Title Amount

\ Phelan, Jim Technical Needs Assessment for ORCB Project — Ethiopia (Sep- 02) 7,465.07 Woods, Eric Provision of Technical support to Joint Task Force on teacher Education — Ethiopia (Jan-Jun-02) 22,914.78 Woods, Eric Review of Teacher Education in the context of ESDP (Nov-2001) 9,694.21 Gaynor, Cathy Training Assignment — Ethiopia (October-02) 11,094.11 CDP Consultants SNNP Regional Integrated Plan — Ethiopia (September 02) 31,005.68 Dolan, Tom Appraisal of E-justice Programme — South Africa (Oct-2001) 13,535.48 Dolan, Tom IA support to Good Governance, Democracy & Human Rights — South Africa (Jul-Sep-02) 7,854.00 Gordon, Adele Bursary Support Evaluation — South Africa 1,553.18 Corbett Development Service Technical Assistance to oversee Water Project’s Implementation — South Africa 8,516.88 Khulisa Man. Serv. Id current & future funding in Education Sector in Limpopo Prov. — South Africa 28,588.30 Int. Org. Develop. Support for NGOs working in HIV/AIDS — South Africa 10,335.86 Int. Org. Develop. Assistance in Organisational restructuring of DoE, Limpopo Province (Phase 1) — South Africa 3,924.08 Chisholm, Nick PAC & Pre-PAEG Meeting Jan/Mar/April 02 4,079.45 Chisholm, Nick Ongoing Attendance at DAC Working Party on the Envir. Meetings 2,380.48 Chisholm, Nick PAC & Pre-PAEG Meetings (May-Dec 02) 4,183.90 Core Financial Systems Annual Support/Maintenance/Product Licence for Sunsystems for seven missions 22,149.64 Core Financial Systems Various on-site consultancies 6,897.20 Core Financial Systems On-site Development of Sun to reflect changes to Subheads in 7 Embassies (Mar-Apr-02) 23,958.00 Grant Thornton Preparation of Financial Statements Refugee Agency (2001-02) 4,800.00 Jackson, John Member of the IA Interview Board for Principal & Senior Development Specialists, Dublin (Sep-Oct-02) 6,215.68 Ainscow, Robert Member of the IA Interview Board for Principal & Senior Development Specialists, Dublin (Sep-Oct-02) 14,018.56 Fell, Art Member of the IA Interview Board for Principal & Senior Development Specialists, Dublin (Sep-Oct-02) 7,748.34 Ryan, Philip IA Review of IAAC & NCDE (2001) 6,856.58 Saville & Holdsworth Ltd Interviewing for IO & Edu. Specialist (Nov & Dec-2001) 7,867.93 S&H Ltd Feedback to M. O’Connor & T.Dignan 772.2 S&H Ltd Compentencies & Application Form Design (Mar-02) 2,395.8 Sheils, John External support in compilation of Job Descriptions for IA 5,793.6 T&B Consult Review of IA’s support to the DSC Kimmage (2001) 16,877.82 Whelan, Noel Pre-PAEG Meetings Jan 01-Jan-02 11,084.31 Whelan, Noel Pre-PAEG Meetings Feb-Dec 02 6,750.78 Grindle, John Debt: Ongoing Review of IA’s policy on Debt (01-02) 7,554.97 Grindle, John Debt: Ongoing Review of IA’s policy on Debt (May 02-Apr 03) 7,178.39 Grindle, John Multi-annual Programme Scheme (MAPS) — (Apr-Dec-02) 13,000.00 Jennings, Mary Multi-annual Programme Scheme (MAPS) — (Apr-Dec-02) 14,346.00 Gaynor, Cathy Multi-annual Programme Scheme (MAPS) — (Apr-Dec-02) 13,580.00 Grindle, John Assessment & expert input to Eastern Europe Aid Committee (Feb-Dec-02) 8,500.00 Carroll, Kevin Evaluation of in-country micro-projects, Phase I 15,881.49 Carroll, Kevin Eval micro-projects (Phase II) Nigeria 10,487.67 Carroll, Justin Evaluation of in-country micro-projects, Phase I 27,566.00 Carroll, Justin Eval micro-projects (Phase II) 10,503.00 CDP Consultants Evaluation of NGO Block Grant Scheme in Kenya, Uganda & Malawi (Jun-2001) 12,162.24 297 Questions— 2 November 2005. Written Answers 298

Consultant Consultancy Title Amount

\ COWI Evaluation of IA contributions to UNHCR & OHCHR (Sep-Nov 2001) 33,469.52 Deloitte & Touche Study to develop a Risk Management Process for IA (2Sep-Nov 2001) 5,762.02 Deloitte & Touche Risk Management Pilot Phase — Zambia (Jun-02) 40,999.22 Grindle, John Review — Ethiopia (Aug-Sep-02) 10,484.82 HELM Corporation Ltd Review of current practice in Lesson Learning from evaluations at country level (expenses 2001) 737.00 Horwath Bastow Charleton Review of Financial Management Systems of 5 NGOs (Sep-Dec 2001) 9,680.00 Molony, Noel Review of current support to Rwanda Phase 2 (Jan-02) 7,357.59 Molony, Noel Review of current support to Rwanda Phase 1 (Dec-2001) 2,987.24 Mullan, Mark Review of current support to Rwanda Phase 1(Dec-2001) 2,987.24 Mullan, Mark Review of current support to Rwanda Phase 2 (Jan-02) 6,350.00 Shannon Development Review of FIAS (Apr-May-02) 11,313.50 Deloitte & Touche Role out of Risk Management to 6 Missions (Oct 02 — Jan 03) 65,200.81 Scott, Mike Support to EAU (Feb-May-02) 14,685.00 Carr, Bronagh Assessment of Proposals under EHAF/EPPR Scheme — (Apr-Dec 02) 11,324.40 Molony, Noel Assessment of Proposals under EHAF/EPPR Scheme — (Apr-Dec 02) 7,260.00 Telford, John Assessment of Proposals under EHAF/EPPR Scheme — (Apr-Dec 02) 15,000.00 Michelson Institute Review of IA’s Human Rights & Democratisation Scheme — (May- Aug 02) 79,356.70 Carr, Bronagh Develop new instruments for channelling of funds to Irish NGOs for HIV/AIDS Programme- (Jan-Mar-02) 15,240.00 Carr, Bronagh Assist IA in managing NGO-HAPS — (Apr-Dec 02) 13,831.50 McClean, Diarmuid Ongoing support HIV/AIDS: SA & Mozambique (2001) 7,046.91 McClean, Diarmuid Health Prog Support & Development: HIV Strategy — Tanzania 14,305.00 Crawford, Bernie Member of the Approvals Committee of the NGO-HAPS (Apr-Dec 02) 5,488.90 Hogan, Mark Member of the Approvals Committee of the NGO-HAPS (Apr-Dec 02) 6,135.00 Manchester, Joanne Member of the Approvals Committee of the NGO-HAPS (Apr-Dec 02) 4,050.00 McMullan, Pat Ongoing support to IA funding of IFAD (Jan-Dec-02) 29,827.10 Lee, Carol Photographic assignments — Advance on fees (2001-02) 11,062.85 Red Dog Graphics Publications: Design IA Annual Report 01 10,000.00 Bourke-Garcia, Ann Attendance at the XIV AIDS Conference — Barcelona (July-02) 4,909.79 Carroll, Kevin Programming Support to IA Edu. & Health Advisers — (Sep-01 to Aug 02) 10,596.61 Carroll, Kevin Programming Support to Health & Edu Advisers — (Mar-Jul 02) 6,480.97 Cremin, Peter Co-ordination of study visit to Ireland by Education Officials from Uganda (Nov-2001) 6,497.18 Dooley, Teresa Intermittant Specialist Support to Water & Sanitation Sector (2001- 02) 23,496.15 Grindle, John Review of IA Country Programme — Lesotho (Oc-Nov 2001) 6,067.73 Kevany, John On-going monitoring of IA support to IAVI (01-02) 9,113.94 Kevany, John Intermittent Specialist Support to the Health Sector — (Oct-01 to Mar-02) 13,227.99 Kevany, John Intermittent Specialist Support to the Health Sector — (Jun to Dec 02) 12,655.55 London School of Hygiene & Attendance at Dep. For Intern’ Medical Research Council Meeting Tropical Medicine London — (Feb-02) 1,300.00 McClean, Diarmuid Ongoing support: SA April 01& Ethiopia Jul-01 15,066.57 299 Questions— 2 November 2005. Written Answers 300

[Mr. D. Ahern.]

Consultant Consultancy Title Amount

\ McClean, Diarmuid Health Programme Support & Development (Mar-Aug-02) 23,841.51 Ni Duibhir, Denise Preparation of Edu Fact Sheets & Guidelines Desk Study (2001-02) 2,785.73 O’Donovan, Diarmuid Technical Consultant to the Board of the European Malaria Vaccine Initiative 8,233.19 St. Patricks Educational Centre Technical Support to Ugandan National Examinations Board (UNEB) for their National Conference (Feb-Mar-02) 5,852.14 Dundalk Institute of Technology On-going participation in the Intern’ Working Group & Formulation on policy & incentives for the ASEM Initiative on Lifelong Learning (Nov 2001- Sep 02) 62,296.35 IMCL Country Financial Accountability Assessment, Ethiopia (Sep-Oct 02) 44,840.53 LSHTM Tracking Study for Global Fund for AIDS, TB & Malaria (end 02- mid 04) 55,570.08 Heneveld, Ward Facilitator for Seminar on Monitoring Education Quality, Dublin Oct 02 5,207.23 Gaynor, Cathy Monitoring and Evaluation Consultancy, Ethiopia Oct-Nov 02 11,094.11 Kelly, Michael J. Facilitator for Seminar on Monitoring Education Quality, Dublin 2,981.36 Carroll, Kevin Facilitate the Development of an interim CSP for East Timor, Nov 02 7,044.56 Fraser, Susan Identify the most appropriate funding strategies that could be considered by IA for Palestine in 2003, Oct 02 5,053.86 Cremin, Peadar Assessment of Ministry of Education Proposal for Technical Assistance to Teacher Training Curriculum Reform, Ethiopia, Oct-Nov 02 7,006.25 Crawford, Bernie Strategic Approach to Health & Education SWAps in the Priority Programmes, Sep-Nov 02 7,618.42 Scott, Mike Participation in the Risk Management Process, Uganda Nov 02 3,582.13

Development Cooperation Directorate Consultancy Costs 2003

Consultant Consultancy Title Amount

\

ECORYS Teacher Education Unit Costings Study, Jan-Feb 03 24,063.54 T&B Consult Public Expenditure Review — Mozambique Jan-Feb 03 27,365.01 Carroll, Kevin HIV/AIDS Review Tanzania -Review of the Mema Kwa Vijana Project, Feb-Mar 03 16,640.26 T&B Consult Review of Ireland Aid support to Gender Equality, Jan-Apr 03 77,902.02 Wirak, Anders 2002 Joint Review Mission ESDP, Ethiopia, Feb-Mar 03 23,378.68 Arekibo Website Redesign and Build, Jan — Apr 03 60,633.00 McClean, Diarmuid HIV/AIDS Review Tanzania -Review of the Mema Kwa Vijana Project 16,808.90 O’Donovan, Diarmuid Technical Consultant to the Board of the European Malaria Vaccine Initiative, Jan-Dec 03 8,793.97 Carroll, Kevin Assistance in Programming Support to the Education and Health/HIV/AIDS Advisers, Jan-Dec 03 30,644.56 Carr, Bronagh Support to the Emergency and Rehabilitation Unit, Mar-Dec 03 22,797.30 CATZ (University of Wales, Technical Assistance for a Programme of Operational Research and Bangor) Capacity Building for Food Security & Sustainable Livelihoods (Ethiopia), Apr 03-04 366,158.71 Sugrue, Ciaran Finalize the Teacher Development and Management Plan (TDMP) Phase II, Uganda 22,862.19 Grindle, John Attendance at the United Nations Commission on Population and Development, New York, Mar-Apr 03 6,595.64 Grindle, John Assessment of Proposals submitted under the Eastern European Fund, Mar-Dec 03 8,366.92 Carr, Bronagh Provision of Technical Support to Ireland Aid in the management of the HIV/AIDS Partnership Scheme for NGOs, March to December 2003 11,033.79 301 Questions— 2 November 2005. Written Answers 302

Consultant Consultancy Title Amount

\ Chisholm, Nick Participation in the PAEG Meetings, Mar-Dec 03 6,030.80 Whelan, Noel Participation in the PAEG Meetings, Mar -Dec 03 6,130.00 Leen, Maura Participation in the PAEG Meetings, Mar-Dec 03 3,600.00 CDP Consultants Review of the Government of Ireland-Government of South Africa Development Cooperation, Mar-May 03 40,864.25 IMCL Re-Modeling of Area-Based Programmes, Ethiopia Apr-May 03 32,947.22 CDP Review District Development Programmes (2000-03), Tanzania 42,624.96 Grindle, John Tanga Coastal Zone Conservation & Development Programme, Tanzania 4,000.00 Mulkeen, Aidan ICT in Education Study in Uganda 11,760.34 Hurley, John Feasibility Study and Project Formulation for Hospice Uganda Pilot Project 8,650.00 O’Sullivan, Margo TDMS — Evaluation of CCT Performance, Uganda 17,585.77 Heneveld, Ward Education Quality Review, Uganda 34,244.49 Cremin, Peader Assessment of MoE Proposal for TA to Teacher Training Curriculum Reform, Ethiopia (undertaken in 2002) 7,006.25 CDP SNNPRS Needs Assessment — Phase III/IV, Ethiopia 18,307.66 DECO — Wirak, Anders 2002 Joint Review Mission ESDP, Ethiopia 23,378.68 Woods, Eric Technical Support to Steering Committee of Task Force for Teacher Development, Ethiopia (Oct 02-Sep 03) 30,380.22 DECO — Wirak, Anders Education Joint Review Mission (JRM) 2003, Ethiopia 21,625.69 Durkan, Joseph Preparation of a paper examining the most appropriate means to encourage and support an enterprise culture within the Ireland Aid Programme in South Africa, May 2003 16,096.37 Moore, Kevin Briefing for the Office of the President on promoting Private Sector Development in Timor-Leste 10,241.15 Chisholm, Nick Attendance at DAC Meetings (2002-04) 5,151.72 PAI Management Needs Analysis 92,757.70 Crawford, Bernie Appraisal of Fellowships 945.00 Jackson, John Interview Board Member 2,712.05 O’Donnell, B Interview Board Member 1,085.00 Uwakwe. Pamela Review and Update of Financial Policies, Guidelines and Procedures 26,620.00 Carroll, Kevin Evaluation of In-country Microprojects Scheme (expenses) 919.60 McClean, Diarmuid Mid-term Review of IA Support to HIV/AIDS Activities in Zimbabwe & Zambia, (Oct-Nov 02) 9,178.44 Deloitte & Touche Rollout of Risk Management System to Ethiopia, Mozambique, Uganda, Tanzania, Lesotho and South Africa Programmes, and Production of a Risk Management Booklet (2002-03) 15,914.94 Boyle, Richard ERI — Quality Review of IA Reports 2,420.00 Annesley Resource Partnership ERI — Quality Review of IA Reports 1,815.00 Carr, Bronagh Malawi — Evaluate Emergency Response (2002-03) 21,457.76 Hall, Nick Review the Financial Procedures in NGO Partners during the 2002 to 2003 Emergency Response in Malawi, November 2000 9256.50 Salephera Consulting Ltd. Team Member to Evaluate the 2002 to 2003 Emergency Response in Malawi, November 2003 6,000.00 BDO Simpson Xavier Financial Management Systems Review of GOAL under MAPS Funding, Dublin — November 2003 18,634.00 Mokoro Evaluation of the Uganda Country Programme 2000-2003 95,339.26 Grindle, John Evaluation of DCI (Balkans & CIS) Desk Top Study 2003-04 10,000.00 Ni Duibhir, Denise Preparation of Edu Fact Sheets & Guidelines Desk Study Advance (2001-2002) 6,573.41 Dooley, Teresa Intermittent Specialist Support to Water & Sanitation Sector (2001- 2002) 23,496.15 McClean, Diarmuid Health Programme Support & Development (March-Dec 02) 7,158.27 Carroll, Kevin Support to IA Health/Education Advisers (2002) 5,398.25 Regan, Colm (80:20) Civic Education Zambia (2002) 12,875.34 Kevany, John Intermittent Specialist Support to the Health Sector — Jan-Dec 03 7,985.63 303 Questions— 2 November 2005. Written Answers 304

[Mr. D. Ahern.]

Consultant Consultancy Title Amount

\ McClean, Diarmuid Provision of Technical Support in Health to the Technical Support Unit, Dublin — April 03 to March 2004 60,143.59 O’Donovan, Diarmuid Technical Consultant to the Board of the European Malaria Vaccine Initiative, Jan-Dec 03 8,793.97 Phelan, Jim Uganda Field visit (Membership of the Taskforce on Private Sector & Agriculture) 2,890.22 ODI Prep. Strategy on ICT & Development 24,980.12 Cremin, Peader Attendance at Europe-wide Global Education Conference (Nov 02) 2,232.04 Brugha, Ruairi (LSHTM) Attendance at ’A Confidential Briefing on the Results of the MKV Project’ Meeting 1,573.00 Peberdy, Max Facilitator for a three day Workshop on the Technical Section’s Strategic Plan — Dublin 3,834.49 Kinsella, Jim (UDC) Attendance at DAC PovNet Meeting, Florence, Oct 03 3,568.94 O’Dwyer, Jerry Support to Global Fund to fight AIDS, TB & Malaria, Oct-Dec 03 8,589.72 Crawford, Bernie Member of the Approvals Committee of the NGO-HAPS 2,296.00 Hogan, Mark Member of the Approvals Committee of the NGO-HAPS 4,070.00 Manchester, Joanne Member of the Approvals Committee of the NGO-HAPS 1,089.00 Gaynor, Cathy Provision of Advice on the Development of a Monitoring Framework for Civil Society Section 1,350.00 Jennings, Mary Multi-Annual Programme Scheme (MAPS) (2002) 758.00 Grindle, John Multi-Annual Programme Scheme (MAPS) (2002) 2,500.00 Jennings, Mary Goal Strategy Planning/MAPS Development 750.00 Grindle, John Evaluation of Bothar Projects (2003-04) 7,000.00 Carr, Bronagh Provision of Technical Support to Ireland Aid in the management of the HIV/AIDS Partnership Scheme for NGOs, March to December (2002) 3,800.00 LSHTM Tracking Study for Global Fund for AIDS, TB & Malaria 55,570.08 Honan, Annette DEVED Grants Committee Member Mollaghan, Mary Production of a Guide to Teaching Resources for DevED 2,970.00 Grindle, John Assessment of Proposals submitted under the Eastern European Fund (2003-04) 8,000.00 Hayes, Mahon Constitutional Expert for the Palestinian Authority 5,876.29 Scott, Mike Ireland Aid-AMSCO Partnership Review 9,147.39 McMullan, Pat Support to IA funding of IFAD (2002) 4,145.52 McMullan, Pat Support to IA funding of IFAD (2003-04) 15,893.76 Carr, Bronagh Identify most appropriate funding strategies for Ethiopia (Nov-Dec 2002) 5,152.03 Telford, John Support to the Emergency and Rehabilitation Unit 13,794.00 Smillie, Ian Background Paper on and Mission to Sierra Leone 23,882.52 Grindle, John Ongoing Review & Analysis of IA’s Policy on Debt, 2002-03 10,366.92

Development Cooperation Directorate Consultancy Costs 2004

Consultant Consultancy Title Amount

\

Gaynor, Cathy Facilitation of Strategic Planning CSP 2005-07 8,450.53 Jennings, Mary Facilitation of Strategic Planning CSP 2005-07 8,481.43 Grindle, John Tanga Coastal Zone Conservation & Development Programme 6,372.33 McClean, Diarmuid Development of Stat Plan on HIV/AIDS 04-06 15,672.56 Phelan, Jim Task Force No 3 on Agricultural Services Agricultural Sector Development Programme — Preparation Mission, Tanzania — February 2004 10,159.07 Ockelford, Jeremy Evaluation of Northern Province Rural Water Supply and Sanitation Programme 2000-2002, Zambia — March to April 2004 23,975.99 305 Questions— 2 November 2005. Written Answers 306

Consultant Consultancy Title Amount

\ LATH Review of the Northern Province Reproductive Health Programme and Ex Post Evaluation 65,382.96 Hurley, John Feasibility Study and Project Formulation for Hospice Uganda Pilot Project 9,689.50 Heneveld, Ward Education Quality Review 15,215.04 Heneveld, Ward Education Quality Review Phase II 20,950.19 HSLP Finalise a Strategic Framework for Uganda AIDS Commission Secretariat (UACS), Uganda 65,442.86 Roedde, Gretchen Mid-term review of the National Primary Health Care Programme, Uganda — September to October 2004 18,475.57 Mulkeen, Aidan Development of Operational Plan for the integration of ICT in Teacher Education Pilot Project in Rwenzori, Uganda (July to December 2004) 9,467.07 Mulkeen, Aidan ICT & EDU Follow up visit 4,403.14 Cronin, Patricia Uganda Law Reform Commission Consultancy 7,000.00 Gaynor, Cathy Strengthening mainstreaming HIV/AIDS 9,938.29 Jennings, Mary Strengthening mainstreaming HIV/AIDS 9,971.44 CATZ, Bangor Technical Assistance for a Programme of Operational Research and Capacity Building for Food Security & Sustainable Liveelihoods (Ethiopia) 235,669.32 Hockley, Tom Relief to Development in Ethiopia, March-April 2004 17,686.34 Polhemus, James Review of the Centre for Study of Violence and Reconciliation, South Africa — November to December 2004 14,520.00 PAI Management Needs Analysis 50,057.70 Whelan, Noel Participation in the PAEG Meetings 1,021.54 Uwakwe, Pamela Review and Update of Financial Policies, Guidelines and Procedures 20,916.27 Chisholm, Nick Participation in the PAEG Meetings 2,718.50 Leen, Maura Participation in the PAEG Meetings 1,900.00 Whelan, Noel Participation in the PAEG Meetings 2,120.00 Fell, Arthur Participation in the PAEG Meetings 8,884.26 McKeown, Mary Participation in the PAEG Meetings 5,770.81 Leen, Maura Participation in the PAEG Meetings 4,250.00 Crawford, Bernie External Member of Fellowships Selection Committee, May-June 2004 2,582.95 O’Regan, Johnny Evaluation of Internal Financial Controls, September to December 2004 12,100.00 Hall, Nick Review the Financial Procedures in NGO Partners during the 2002 to 2003 Emergency Response in Malawi, November 2003 12,132.82 Salephera Consulting Ltd. Team Member to Evaluate the 2002 to 2003 Emergency Response in Malawi, November 2003 13,812.15 Grindle, John Evaluation of DCI (Balkans & CIS) Desk Top Study 5,000.00 Cosgrave, J PER — Support to Afghanistan 24,154.62 Deloitte & Touche Facilitation of Risk Management Workshops 12,826.00 O’Regan, Johnny Audit Support to the E&A Unit (March-May) 28,283.02 O’Regan, Johnny Audit Support to the E&A Unit (June-August) 38,478.00 ECORYS-NEI Evaluation of Phase 3 of the Debt Sustainability Capacity Building Programme for HIPCs 245,523.85 Woods, Eric Desk Study for Development Cooperation Ireland of Support to the Education Sector in Zambia and Uganda 2000-2003, April to June 2004 23,398.29 Agulhas An Assessment of the Lesotho Country Programme 199-2004, May — July 2004 60,527.82 Uwakwe, Pamela Provision of Audit Management Support to Evaluation and Audit Unit, June to August 2004 16,940.00 ETC East Africa Evaluation of the Kilosa District Programme and a Community Level Evaluation of the Kilosa District Programme,Tanzania 64,255.84 CDP Evaluation of the Area Based Programme in Niassa Province, Mozambique — June to July 2004 44,154.96 Bannock Consulting Value for Money Study and Transaction Audit, August — November 2004 65,395.99 307 Questions— 2 November 2005. Written Answers 308

[Mr. D. Ahern.]

Consultant Consultancy Title Amount

\ Petrus Consulting Expenditure Review Initiative — Quality Review of Development Cooperation Ireland Report (Review of DCI Support to Afghanistan), November 2004 3,176.26 Mokoro Evaluation of the ETH Country Strategy Paper 71,889.15 McLoughlin, Bernard Financial Capacity Assessment for Programme Support — Lesotho, October 2004 9,191.68 BDO Simpson Xavier Goal Assignment 1,089.00 McCormack, Moss Mid-term review of the Medlabs Project,Zambia 6,863.30 O’Donovan, Diarmuid Technical Consultant to the Board of the European Malaria Vaccine Initiative 8,369.66 T&B Consult Review of IA Support to Gender Equality 54,749.17 Kinsella, Jim (UDC) Attendance at DAC PovNet Meeting, Florence, Oct 03 1,416.00 O’Dwyer, Jerry Support to Global Fund to fight AIDS, TB & Malaria, Oct-Dec 03 4,277.50 O’Dwyer, Jerry Support to Global Fund to fight AIDS, TB & Malaria, Oct-Dec 03 30,542.45 Shine, Tara Support on Climate Change 39,738.56 McClean, Diarmuid Support to Technical Section — Health 5,667.87 Moore, Kevin Review of Ugandan Investment Authority (UIA) 5,036.21 Brugha, Ruairi Attendance at Confidential Briefing on Results of MKV Project 1,573.00 Chisholm, Nick Attendance at DAC Meetings (Working Party on Environment) 4,450.68 Cremin, Peadar 541.84 Gaynor, Cathy Report Writing for EFA Global Report Launch 2/4/04 369.00 Jennings, Mary Report Writing for EFA Global Report Launch 2/4/04 401.55 O’Brien, William The Private Sector and Agriculture Study, Dublin — February 2004 6,665.75 Kinsella, Jim (UDC) Technical Support for follow up of PovNet Working Group on Agriculture, March to December 2004 5,085.17 Brugha, Ruairi (LSHTM) Attendance at ‘Combating Diseases associated with Poverty: Financing Strategies for Product Development and the Potential Role of Public- Private Partnerships’, London — 15 to 16 April 2004 3,932.50 McClean, Diarmuid Participation in Consultative Meeting on Reproductive Health and HIV/AIDS in Montreux, Switzerland, 3-4 May 2004 6,432.50 Shine, Tara Development of an Environment Policy for Development Cooperation Ireland — July to November 2004 25,751.49 Fitzgerald, Margaret Attendance at Meeting ‘Programme Coordination Board Meeting of the United Nations Joint Programme on HIV/AIDS (UNAIDS), Geneva — June 2004 2,637.96 Leen, Maura Provision of technical Support in Trade Policy and Capacity Building, July-October 2004 8,750.00 Gaynor, Cathy Support for the Development of Education Policy Revision Process, September to December 2004 14,000.00 John Snow Review of DCI’s Regional HIV/AIDS Programme 28,000.92 Scott, Mike Assistance with the work of the Private Sector Forum, Sept to Dec ’04 12,776.11 McClean, Diarmuid Provision of Technical Support in Health and HIV/AIDS to the Technical Support Unit, September to December 2004 15,087.62 Cremin, Peadar Engagement with Educational Institutions in Ireland regarding Education for All (EFA) including Representation of DCI at a UNESCO Conference in Paris, November — December 2004 5,000.00 Wirak, Anders (DECO) Background paper on DCI engagement with UNESCO, November 2004 5,505.50 Manchester, Joanne Member of the Approvals Committee of the NGO-HAPS 4,356.00 Grindle, John Evaluation of Bothar Projects 5,804.47 Santos Marinho, G Participation in Evaluation of ADRA Projects 5,967.07 Alves Maia, Maria L Participation in Evaluation of ADRA Projects 5,950.09 Jennings, Mary Team leader for the Evaluation of ADRA Projects 10,705.80 Anderson,Ian Evaluation of Refugee Trust Projects 12,105.58 Jennings, Mary MAPS monitoring visit by DCI to GOAL’s programme in Angola, September 2004; and an Assessment of GOAL=s performance in relation to agreed benchmarks, September to December 2004 17,805.63 309 Questions— 2 November 2005. Written Answers 310

Consultant Consultancy Title Amount

\ Smith, Marie Appraisal and Monitoring Support for Civil Society and Assistant Desk Officers, August to December 2004 8,147.45 Costigan, Aine Assist DCI in appraising and approving proposals under the HAPS Supplementary Grant, September 2004 2,000.00 Crawford, Bernie Assist DCI in appraising and approving proposals under the HAPS Supplementary Grant, September 2004 3,000.00 Farrell, Deirdre Member of the Development Education Grants Committee, March to September 2004 5,000.00 Grindle, John External Evaluator for Development Cooperation Ireland Project Proposals for the Balkans and CIS, January to December 2004 2,000.00 Grindle, John External Evaluator for Development Cooperation Ireland Project Proposals for the Balkans and CIS, January to December 2004 12,500.00 Annesley Resource Partnership Real-time Evaluation of IPA Training Programme 10,890.00 Whelan, Noel Member of Eastern European Aid Committee Feb-Dec 2002 5,005.23 Grindle, John Evaluation of DC in the Balkans & CIS — Desk Top Study 8,000.00 Brunel University Policy Study on Good Practice in Child Care in Eastern Europe and the Russian Federation 31,629.95 Scott, Mike Ireland Aid-AMSCO Partnership Review 2,910.82 McMullan, Pat Support to IA funding of IFAD 20,000.00 Enterplan Limited Review of Projects Supported by AMSCO/Stichting, April-July 2004 30,925.20 Scott, Mike Private Sector Resource Specialist, April to December 2004 21,260.31 OPM (Anne Thomson) Review of DCI Support to IFAD 21,711.43 Goodbody, Swithun Review of DCI Support to CGIAR 10,000.00 Godden, Kate Independent Consultants for the EHAF-EPPR Funding Committee 1,210.00 Mokoro Preparation of Country Strategy for Palestine 2004-2007, November 2003 to January 04 50,628.14 Telford, John Support to Emergency Section 10,373.15 ODI External Facilitator at the HAC Meeting, Dublin March 2004 23,021.10 Ngunyi, Mutahi Monitoring of DCI Recovery Programme, Kenya Mar-Dec 04 10,648.00 Conroy, Anne Monitoring of DCI Recovery Programme, Malawi Mar-Dec 04 10,648.00 Cosgrave, John Independent Consultants for the EHAF-EPPR Funding Committee 302.50 Blewitt, Richard External Facilitator at the HAC Meeting, Dublin March 2004 2,324.37 Telford, John External Facilitator at the HAC Meeting, Dublin March 2004 7,289.75 Telford, John Independent Consultants for the EHAF-EPPR Funding Committee 8,388.93 ODI Good Humanitarian Donorship and the European Union — A study on good practice and recent initiatives, June to October 2004 36,126.97 Corbett, Mary Independent Consultants for the EHAF/EPPR Funding Committee, June 2004 — December 2005 740.00 Madsen, Camilla Independent Consultants for the EHAF/EPPR Funding Committee, June 2004 — December 2005 1,270.50 Willitts-King, Barnaby Support on Development of DCI Humanitarian Policy, October 2004 — early January 2005 13,132.86 Grindle, John Attendance at Global Bio-Technology Forum 9,317.57 Jackson, John 10 Year Review of ICDP, New York 4,551.31 Grindle, John Attendance at Crime Commission & IDB Meetings 10,823.11 Meenan, Nahor Attendance at the UNCTAD International Policy Dialogue in Konigswinter, Germany, 25-26 February 2004 3,387.30 Hayes, Mahon Attendance at United Nations Relief Works Agency (UNRWA) Conference on Palestine, Geneva — June 7-8 2004 3,159.89 Dr. John Cassidy/Roland Berger Survey of the leading European transnational corporations (TNCs) and Strategy Consultants their strategies in the area of off-shoring of services 25,000 311 Questions— 2 November 2005. Written Answers 312

[Mr. D. Ahern.] Development Cooperation Directorate Consultancy Costs 2005

Consultant Consultancy Title Amount

\

LATH Review of the Northern Province Reproductive Health Programme and Ex Post Evaluation 59,829.51 Cassidy, Paul Assessment of the current staffing levels and future requirements at Development Cooperation Ireland Headquarters 42,433.36 Courtney, Sean Temporary Assignment as Programme Coordinator of Development Cooperation Ireland Development Assistance Activities in Northern Province, Zambia — December 2004 to March 2005 69,115.00 Hurley, John Feasibility Study and Project Formulation for Hospice Uganda Pilot Project 7,892.65 Cronin, Patricia Uganda Law Reform Commission Consultancy 5,906.31 Gaynor, Cathy Workshop on Strengthening Capacity to mainstream within the DCI Programme Uganda, February 2005 30,670.87 Jennings, Mary Workshop on Strengthening Capacity to mainstream within the DCI Programme Uganda, February 2005 14,329.62 Mokoro Study to identify Financing Options to Support ESDP, Ethiopia — January to February 2005 40,593.93 Mokoro Provision of input into Poverty Reduction Support Credit/Direct Budget Support Workshop 34,755.28 Polhemus, James Review of the Centre for Study of Violence and Reconciliation, South Africa — November to December 2004 23,687.94 Marsh, Carolyn East Timor 3-year Training Strategy Capacity Development Co- ordination Unit Feb-Apr 2005 44,797.83 Higgins, Cathal Review of Timor-Leste Education Sector 8,439.11 PAI Management Needs Analysis 50,285.42 McKeown, Mary Participation in the Project Appraisal and Evaluation Group Meetings 4,925.68 O’Regan, Johnny Evaluation of Internal Financial Controls,September to December 2004 16,656.00 RMI Preparation & Presentation for Heads of Missions meeting Dec ’04 1,210.00 Brindley Advertising Advertising Costs to update Register of Consultants 11,542.27 Petrus Consulting Expenditure Review Initiative — Quality Review of Development Cooperation Ireland Report (Review of DCI Support to Afghanistan), November 2004 1,312.50 ETC East Africa Evaluation of Kilosa District Development Programme — ext. to contract for Workshop in Dublin 9,278.68 INTRAC Evaluation of DCI’s Multi-Annual Programme Scheme 2003-2005, January to x 2005 309,113.00 ARP (John Shiels) Quality Review of DCI Report 13,086.15 Cosgrave, John Evaluation Workshop on Afghanistan & Malawi 22,049.07 CDP Workshop on Area-based Programmes in Dublin 10-11 Feb ’05 3,809.21 Agulhas Reimbursement of Withholding Tax 108.90 CDP Evaluation of Operational Research and Capacity Building for Food Security and Sustainable Livelihoods Programme in Ethiopia, February to April 2005 27,653.34 Oxford Policy Management Evaluation of DCI’s Zambia Country Programme 2000-2004 77,302.67 O’Dwyer, Jerry Support to Global Fund to fight AIDS, TB & Malaria, 23,005.00 Brugha, Ruairi (LSHTM) Attendance at’ Combating Diseases associated with Poverty: Financing Strategies for Product Development and the Potential Role of Public- Private Partnerships’, London — 15 to 16 April 2004 3,932.50 McClean, Diarmuid Participation in Consultative Meeting on Reproductive Health and HIV/AIDS in Montreux, Switzerland, 3-4 May 2004 3,932.50 Shine, Tara* Support to Environment May05- May06 20,000.00 Shine, Tara Development of an Environment Policy for Development Cooperation Ireland — July to November 2004 9,250.02 Gaynor, Cathy Support for the Development of Education Policy Revision Process, September to December 2004 9,863.20 Scott, Mike Assistance with the work of the Private Sector Forum, Sept to Dec ’04 11,303.58 313 Questions— 2 November 2005. Written Answers 314

Consultant Consultancy Title Amount

\ Cremin, Peadar Engagement with Educational Institutions in Ireland regarding Education for All (EFA) including Representation of DCI at a UNESCO Conference in Paris, November — December 2004 8,713.44 Jennings, Mary Reporting on EU Development Transport Experts Meeting, 30 November — 2 December 2004 4,411.45 Brugha, Ruairi (LSHTM) Review of DCI engagement with Global Health Partnerships (GHPs), November 2004 — January 2005 12,740.50 Wirak, Anders Background paper on DCI engagement with UNESCO, November 2004 3,250.00 Higgins, Cathal Rapporteur for Education Meeting at DCD, 10-13 January 2005 3,390.00 Broadreach Healthcare Facilitator DCI meeting Mozambique Nov ’04 1,708.39 Jennings Mary Preparation of an overview paper on poverty impact orientation and target settings for InfraPoor, January — April 2005 13,300.00 Anderson, Ian Evaluation of Refugee Trust Projects 6,879.99 Smith, Marie Appraisal and Monitoring Support for Civil Society and Assistant Desk Officers, August to December 2004 2,961.45 Crawford, Bernie Assist DCI in appraising and approving proposals under the HAPS Supplementary Grant, September 2004 3,051.00 Crowley, Tom Scoping Mission to Central America 9,955.00 Smith, Marie* Appraisal and Monitoring Support for Civil Society and Assistant Desk Officers, August to December 2005 16,166.80 Grindle, John Internship Feasibility Study, February 2005 2,500.00 Farrell, Deirdre Member of the Development Education Grants Committee, March to September 2004 5,000.00 Grindle, John External Evaluator for Development Cooperation Ireland Project Proposals for the Balkans and CIS, January to December 2004 6,000.00 Brunel University Policy study on good practice in child care in Eastern Europe and the Russian Federation 38,272.24 Horgan, Geraldine Production of a Report on National Structures for the Support, Funding and Coordination of Development/Global Education in Ireland 4,300.00 Grindle, John* External Evaluator for Development Co-operation Ireland Project Proposals for the Balkans and CIS, January to December 2005 16,500.00 ARP (John Shiels)* External Evaluator for DCI Organisational Development Grant Scheme, January to December 2005 4,083.75 McMullan, Pat Support to IA funding of Intl. Fund for Agricult. Devl. 10,400.00 Scott, Mike Private Sector Resource Specialist 25,056.24 Goodbody, Swithun Review of DCI Support to Consultative Group Intl. Agricult. Research 1,898.17 Ngunyi, Mutahi Monitoring of DCI Recovery Programme, Kenya Mar-Dec 04 18,121.00 Conroy, Anne Monitoring of DCI Recovery Programme, Malawi Mar-Dec 04 7,453.60 Telford. John Independent Consultants for the EmergencyHumanitarian Assist.Fund/Emerge. Preparedness and Post Emerg. Rehabilit- EHAF/EPPRFunding Committee 13,410.07 ODI Good Humanitarian Donorship and the European Union — A study on good practice and recent initiatives, June to October 2004 29,050.65 Willitts-King, Barnaby Support on Development of DCI Humanitarian Policy, October 2004 — early January 2005 9,787.61 Willitts-King, Barnaby * Support on Development and Implementation of Humanitarian & Recovery Policy 16,937 Holmes, Anne* Provision of Technical Support for Emergency and Recovery Section; Consultant Specialist for Tsunami Follow-up, March 2005 to March 2006 36,591.00 Jackson, John Attendance at and Participation in the International Conference on Population and Development, New York — April 2005 5,880.00 Tara Shine SupportE&RUnit 9,620.37 Bannock Consulting Evaluation of MAPS 12,124.20 Conor Brady Facilitator for White paper Conf on Dev. Co-operation 8564.56 Aine Costigan* Support on HIV AIDS 40,000.00 Johnny O’ Regan* Provision of Audit Management Support 10,164.00 Una Murray* Support Implementation of Gender Equality 10,734.50 315 Questions— 2 November 2005. Written Answers 316

[Mr. D. Ahern.]

Consultant Consultancy Title Amount

\ Mary Mollaghan* Production of Guide to Development Education Resources 3,960.00 John Snow International* Provision of Technical Support for HIV/AIDS 19,349.00 HELM *Corporation Provision of Audit Management Support 34750 ECORYS* Training in Public Finance Management 15,726.92 Achilles Procurement Services* Provision of Procurement Services 2005/2006 48,000.00 Fell, Arthur* Project Appraisal and evaluation Group Meetings May04- Dec 05 5,270.00 International .* Dev. Ireland Private Sector Devl. Mission — Uganda 44,200.00 Mary Jennings Draft of Memo of Understanding between DCI and Dochas Apr 05 7,000.00

Ministerial Staff. Minister for Foreign Affairs (Mr. D. Ahern): 341. Mr. P. McGrath asked the Minister for The following table sets out the number of per- Foreign Affairs the number of civil servants and sonnel in the Department’s press office, their other staff in his press office; and the grade and grades and pay scales: remuneration of each staff member. [31792/05]

Grade/Position Number Salary Scale

\

Press Adviser (non-established) 1 Principal Officer scale 75,036-92,813 Press Officer (First Secretary) 1 First Secretary scale 57,630-71,859 Third Secretary 2 Third Secretary scale 30,593-54,173 Clerical Officer 2 Clerical Officer scale 21,245-34,448

Total 6

Development Co-operation. for millions of Zimbabweans. The Government is funding the provision of food assistance and 342. Mr. Lowry asked the Minister for Foreign focusing on school feeding programmes. A sum Affairs his plans to assist aid agencies and native of \900,000 has been provided in 2005 for this civil society organisations in Zimbabwe in view of purpose and additional funding is under active the recent currency crash. [31923/05] consideration. During the recent visit of Mr. James Morris, executive director of the WFP to Minister of State at the Department of Foreign Ireland, I discussed with him the food security Affairs (Mr. C. Lenihan): The political, economic situation in Zimbabwe and how best to address and humanitarian situation in Zimbabwe con- the food deficits in a very difficult operating tinues to deteriorate. The economy has contrac- environment. ted by approximately 40% in recent years and Zimbabwe is also one of the countries most devaluation of the currency is a function of this affected by HIV-AIDS, with an estimated 25% economic crisis. Continuous devaluation fuels of the population infected. Life expectancy has inflation and puts basic necessities further out of fallen below 40 years. This year Ireland has com- the reach of the poor. Poverty and vulnerability mitted \1 million to mitigate the impact of the are worsening and the current political climate is pandemic, through partnerships with aid agencies extremely difficult for donors and aid agencies. and civil society organisations. Since 2004, Zimbabwe has now slipped from 117th on the Ireland has committed approximately \7 million United Nations human development index, HDI, in aid to Zimbabwe. Despite the difficult to 145th in 2005. operating environment, we will continue to Ireland continues to assist many of the poorest deliver assistance directly to those most in need and most vulnerable communities in Zimbabwe. through a broad range of civil and aid organ- Our support is delivered through UN agencies isations. and NGOs with a proven track record of meeting the needs of the poorest. We have, for instance, been supporting the World Food Programme, Decentralisation Programme. WFP, Concern, Goal, Tro´ caire, missionary and 343. Ms C. Murphy asked the Minister for For- local groups and other agencies. eign Affairs the issues which have arisen follow- Zimbabwe was once the breadbasket of south- ing the risk analysis being conducted on his ern Africa but hunger is now a daily experience Department’s decentralisation programme; the 317 Questions— 2 November 2005. Written Answers 318 way in which it is intended to address these issues; staff from the central applications facility, CAF, the projected cost of resolving these issues; the in May 2005. Already, 26 staff for Limerick — overall cost of his Department’s decentralisation 21% — are in place in the directorate and the programme; and if he will make a statement on Department will accelerate the process of the matter. [31973/05] importing staff from the CAF from next January onwards, with a view to having as many as pos- Minister for Foreign Affairs (Mr. D. Ahern): sible of the staff in place by the autumn of next Under the Government’s decentralisation prog- year, well in advance of the move. ramme the development co-operation directorate The Department recognises it is important to of the Department of Foreign Affairs, currently take steps to ensure continuity of service to based in Dublin, is scheduled to decentralise to clients and stakeholders, including the NGOs, by Limerick. This will involve the relocation to minimising the disruption to the directorate. Limerick of 123 posts and is scheduled to take Departmental officials are finalising strategies for place during the first quarter of 2007. The decen- the preservation of the corporate memory of the tralisation of the Development Co-operation directorate, through the development of effective Directorate will take place during a period of sig- knowledge management systems and by ensuring nificant growth in the overseas development aid the provision of appropriate induction and budget. The Taoiseach announced at the UN Mil- ongoing training programmes and adequate lennium Review Summit in New York on 14 hand-over periods for new staff. High quality September that the Government would reach the communications facilities between the directorate target of spending 0.7% of GNP on official in Limerick and the rest of the Department and development assistance by 2012. Interim targets missions will also be provided. of 0.47% of GNP in 2006 and 0.5% in 2007 have The Office of Public Works, OPW, is respon- also been agreed. The 2006 Estimates process is sible for the provision of office accommodation under way and the allocation to the Vote of the for the directorate in Limerick and will bear its Department of Foreign Affairs for international rental costs. The Department is working closely co-operation, Vote 29, will be agreed in the con- with the OPW to identify suitable accommo- text of the Estimates negotiations. On the basis dation in Limerick and it is hoped to select a of anticipated growth rates, total overseas premises in the very near future. Pending this, it development aid is expected to be of the order of is not possible to estimate the level of costs which \675 million in 2006 and \793 million in 2007. the Department will incur in the provision of the Risk analysis carried out by the directorate in information and communications technology this context has identified the following as the infrastructure and in other areas. Salary and main risk factors, for which appropriate risk miti- training costs, which can be attributed to the gation strategies are being implemented: finan- decentralisation programme, are estimated at cial, including accountability and control; human \550,000 for the three-year period March 2004 to resources, including loss of expertise and insti- March 2007. tutional memory; communications between the directorate and internal and external stake- Public Relations Contracts. holders; and associated operational and repu- 344. Mr. P. McGrath asked the Minister for tational risks. The risks associated with the decen- Arts, Sport and Tourism the number and value tralisation are considered in detail in the of contracts awarded for public relations projects Department’s decentralisation implementation by his Department since December 2004. plan which has been published on the Depart- [31748/05] ment’s website. www.dfa.ie . To avoid a high level of staff turnover in the Minister for Arts, Sport and Tourism (Mr. months immediately preceding the decentralis- O’Donoghue): The information sought by the ation, the Department commenced importing Deputy is set out in the following table.

Consultancy Purpose/Report Month and Contract Value Year

\

Murray Consultants PR Consultants for Department Dec 2004 70,414 Mahon O’Neill PR work in relation to James Joyce and March 2005 65,289 Yeats exhibitions and other special events.

Ministerial Staff. vants and other staff employed in his constituency office; and the grade and remuneration of 345. Mr. P. McGrath asked the Minister for each. [31763/05] Arts, Sport and Tourism the number of civil ser- 319 Questions— 2 November 2005. Written Answers 320

Minister for Arts, Sport and Tourism (Mr. Arts, Sport and Tourism the number and value O’Donoghue): Currently six staff are employed of contracts awarded to outside consultants by his in my constituency office: two executive officers; Department in each of the past five years; the one personal secretary at Oireachtas secretarial details of the contracts involved; and if these pro- assistant level; and three clerical officers. jects have reached fruition. [31778/05] All the staff are paid at the appropriate Civil Service rates. In addition, my personal secretary is paid a 10% attraction allowance in respect of her current position. Minister for Arts, Sport and Tourism (Mr. O’Donoghue): The information sought by the Consultancy Contracts. Deputy regarding my Department since its estab- 346. Mr. P. McGrath asked the Minister for lishment in June 2002 is set out as follows:

Consultancy Purpose or Report Year Contract Cost Project completed Yes/No/Ongoing

\

Eugene Downes Advice on framing new 2003 18,000 Yes international arts and cultural policy Richard Wakeley Commissioner for the Irish 2002-04 115,500 plus Yes Festival of Arts and Culture extension 51,334 in China 2004 Donal Shiels Irish Festival in China Festival 2003-04 62,500 plus Yes Manager extension 25,000 Red Dog Design Consultants Irish Festival in China Provision 2003-04 73,000 Yes of graphic design services Kate Bowe PR Limited Irish Festival in China Provision 2003-04 72,834 Yes of public relations management services Eamon Fox Irish Festival in China Provision 2003-04 40,000 Yes of production and technical services Sheenagh Gillen Relations management services 2004 7,000 Yes for Irish China Festival Fiach Mac Conghail EU Presidency Cultural 2003-04 49,964 Yes Programme Commissioner for the EU Cultural Programme Fiach Mac Conghail Arts adviser to the Department 2002-05 Per diem rate Yes linked to Principal Officer scale Tony Sheehan Arts adviser to the Department 2005 Per diem rate Ongoing linked to Principal Officer scale Janice Mc Adam EU Presidency cultural 2003-04 37,494 Yes programme manager Siobha´n Colgan EU Presidency cultural 2003-04 26,143 Yes programme public relations management services Peter Sirr Curator of Irish Literature 2003 10,000 Yes Exhibition in Brussels Event Ireland Limited EU Presidency cultural 2003-04 73,200 Yes programme provision of exhibition design and management services Fe´ilte Dhuibh Linne Teoranta EU Presidency cultural 2004 82,000 Yes programme Development and organisation of Presidency events Audrey Behan Press assistant services 2004 3,200 Yes Red Dog Design Consultants Advertising and marketing Day 2004 150,000 Yes of Welcomes Kern European Affairs To assist in staging the 2002-05 59,760 Yes “Creative Financing and Music” seminar 321 Questions— 2 November 2005. Written Answers 322

Consultancy Purpose or Report Year Contract Cost Project completed Yes/No/Ongoing

\ G. P. O’Brian Projects under Section 481 2004 11,729 Yes (Films) CHL Consulting Review of Irish Manuscripts 2004 44,165 Yes Commission Laura Weldon National Co-ordinator of 2004 50,000 p.a. Yes ReJoyce 2004 Marie Claire Sweeney Fund-raising services ReJoyce 2004 15,000 Yes 2004 Red Dog Design Consultants Design and advertising ReJoyce 2004 120,000 Yes 2004 Big Top Multimedia Web design ReJoyce 2004 2004 20,000 Yes Kate Bowe PR services ReJoyce 2004 5,000 Yes Fleishman Hilliard Saunders PR services ReJoyce 2004 125,000 Yes CHL Consulting Review of the viability of the 2005 18,150 Yes James Joyce Centre Red Dog Design Consultants Provision of graphic design 2005 9,680 Yes services for Culture Ireland Sarah Glennie Irish Commissioner and Curator 2004-05 25,000 Yes of Venice Artist Biennale 2005 Jenny Haughton Co-ordination of Irish 2004 8,000 Yes participation at the Sao Paulo Artist Biennale, 2004 Jenny Haughton Co-ordination of Irish 2003 9,930 Yes participation at the Venice Artist Biennale, 2003 Richard Wakely Exploring co-operation between 2005 8,417 Ongoing Hong Kong, Singapore and Ireland in field of culture Eugene Downes Consultancy for the draft 2003 2,000 Yes cultural relations committee on the international arts Jenny Haughton Co-ordination of Irish 2002 8,000 Yes participation at the Venice Artist Biennale, 2002 Mr. G. D. Bye Review of news plan 2002 4,000 Yes microfilming unit, National Library of Ireland Higher Education Digitisation Review of digitisation, National 2003 10,500 Yes Service, University of Library of Ireland Hertfordshire Coyle Hamilton Insurance consultancy, National 2004 7,500 Yes Library of Ireland Paul Boksberger Advisory Consultancy services regarding 2004 3,000 Yes Service new coffee shop, National Library of Ireland Baker Tully O’Hare Provision of specialised advice 2005 11,821 No regarding certain financial issues associated with the establishment of the NLI board Marketing Edge Limited Evaluation of service offered to 2002 2,220 Yes the public by the National Archives (survey) Compilation of safety statement and production of report, National Archives Ergo Consultancy Limited Compilation of safety statement 2002 2,072-2,381 Yes and production of report Colman McLaughlin Enhancement of the National 2003 5,000 Yes Archives website 323 Questions— 2 November 2005. Written Answers 324

[Mr. O’Donoghue.]

Consultancy Purpose or Report Year Contract Cost Project completed Yes/No/Ongoing

\ Mahon O’Neill Media relations in support of 2003 5,506 Yes launch of “Counties in Time” CD, National Archives Mahon O’Neill PR work regarding the launch 2004 7,792 Yes of the online exhibition entitled “Views of Four Presidencies”, National Archives. Colman McLaughlin Enhancement of National 2004 7,500 Yes Archives website, National Archives Newmarket Solutions Provision of advice and 2002-04 Awarded on per Yes assistance in implementing diem rates as financial management system, service required FMS, National Museum of Ireland, NMI HELM Corporation Provision of financial or 2004-05 62,668 Yes accounting services in NMI Drury Communications Market research, NMI 2002-04 114,825 Yes Alf Longhurst Security assessment and 2002 1,812 Yes recommendations regarding NMI’s collections James Cavanaugh Fire safety inspections, advice 2002-03 5,173 Yes and training, NMI Achilles Procurement Services Advice on procurement of 2002-03 4,663 Yes security services, NMI Elaine Shields Report and advice on access by 2003 4,250 Yes disabled to NMI Aidan Walsh NMI Business Planning advice 2002 10,732 Yes and assistance Sutton Vane Survey and recommendations 2003 12,300 Yes on flight levels in the Natural History Museum Compass Informatics Limited Report with recommendations 2003 5,000 Yes on the generation and storage of both graphical and digital data, NMI Anne Gallagher Evaluation of an aspect of the 2004-05 15,000 Yes education and outreach programme, NMI SMT Consultants To prepare risk assessments of 2004-05 11,889 Ongoing NMI sites and provide assistance in drawing up NMI safety statement and generally advice on safety issues Leonard Pole Assessing or reporting on the 2004 4,108 Yes documentation of the ethnographical collection, NMI Menyma Public Relations PR for re-launch of Afterdark 2003 5,000 Yes programme and for two specific Afterdark events, NMI Lisney Property valuation report 2004 4,235 Yes Gar Holohan Assessment of the feasibility 2003 12,000 Yes and cost, including ongoing running costs, of the Morton Athletic Stadium Raymond Burke Consulting External evaluation of sports 2003 4,060 Yes capital programme expenditure review report Fitzpatrick Associates Evaluation of local sports 2005 54,450 Ongoing partnership programme 325 Questions— 2 November 2005. Written Answers 326

Consultancy Purpose or Report Year Contract Cost Project completed Yes/No/Ongoing

\ Institute of Leisure and List all public and private sector 2004 6,050 Yes Amenity Management, swimming pool facilities in ILAM Ireland Capita Financial management system 2003 5,748 Yes V3 assessment Mr. John Travers Chair of the tourism policy 2003 to date 100,000 Ongoing review group and tourism action plan implementation group Murray Consultants PR consultants for Department 2003 to date 166,980 Ongoing PriceWaterhouse Cooper External adviser on steering 2004-05 10,000 Yes committee for Irish Film Board expenditure review Webfactory Feasibility, costs and challenges 2005 6,563 Ongoing involved in developing a composite calendar of events to facilitate the joint marketing of activities and events by agencies and bodies under the aegis of the Department Wendy Williams Design Graphic design consultant 2003 195,752 Ongoing Military History Exhibition, NMI Theta ETA Advisers Advice to NMI on corporate 2005 4,937 Yes governance in the context of impending NMI autonomy Coyle Hamilton Willis Advice on post-autonomy 2005 12,000 Yes insurance requirements of NMI Magahy & Co. Project management services for 2004-05 90,000 Ongoing Military History Exhibition, NMI Magahy & Co. Project management services for 2005 13,000 Ongoing Temporary Exhibitions (Shackleton and Philip Tracey Hats), NMI Mahon O’Neill Project management services for 2002-03 33,635 Yes events programme (including Museum Outdoors event) Deloitte Financial management system 2003-04 75,293 Yes specification and selection Deloitte Audit work for 1994-99 tourism 2004-05 321,677 Yes operational programme Mahon O’Neill PR work regarding James Joyce March 2005 65,289 Ongoing and Yeats exhibitions and other special events.

Ministerial Staff. Grant Payments. 347. Mr. P. McGrath asked the Minister for 348. Mr. Wall asked the Minister for Arts, Sport Arts, Sport and Tourism the number of civil ser- and Tourism if a grant will be made available for vants and other staff in his press office; and the a business (details supplied) in County Tipperary; grade and remuneration of each staff member. if the business is not eligible, if it is in breach of competition laws in view of the fact that another [31793/05] company, a direct competitor, was financed from Europe and the Exchequer; and if he will make a Minister for Arts, Sport and Tourism (Mr. statement on the matter. [31896/05] O’Donoghue): Currently three members of staff are employed in my press office. The breakdown Minister for Arts, Sport and Tourism (Mr. is as follows: one higher executive officer; one O’Donoghue): I am not aware of the company in executive officer; and one clerical officer. All are question having sought funding from my Depart- paid at the appropriate Civil Service rates. ment. As my Department does not directly dis- burse tourism grants to individual enterprises, 327 Questions— 2 November 2005. Written Answers 328

[Mr. O’Donoghue.] Minister of State at the Department of neither the company in question nor any other Enterprise, Trade and Employment (Mr. tourism enterprise would be able to obtain fund- Killeen): Officers of the Labour Inspectorate met ing from my Department. Tourism Ireland, like- some of the workers in June 2005 to discuss their wise, does not operate a grants support scheme. concerns. The employees concerned were advised As a public agency, it works with trade and indus- of the relevant bodies to which their complaints try, on a co-operative basis, in promotional should be addressed. In that regard they were efforts overseas. Fa´ilte Ireland offers some advice told that matters relating to allegations of work- and support to individual tourism enterprises place bullying are dealt with by the Health and under a variety of initiatives, and it is up to the Safety Authority, Temple Court, 10 Hogan Place, company concerned to contact Fa´ilte Ireland in Dublin 2. I understand several employees have that regard. made formal complaints to the authority. The Deputy should be aware that Tourism They were also advised that matters relating to Ireland is not a commercial enterprise. Tourism dismissal generally are more appropriately put to Ireland is the North-South agency, established either the rights commissioner service of the within the framework of the Good Friday peace Labour Relations Commission or the Employ- agreement, to perform the public-good function ment Appeals Tribunal under the Unfair Dis- of marketing the island of Ireland as a tourism missals Acts or Industrial Relations Acts and that destination and, thereby, contribute to the overall complaints relating to changes to terms and con- peace, harmony and development of the island ditions of employment or delays in pay should and its people. It is funded by the Exchequers, also be addressed to the rights commissioner North and South. It does not receive or disburse service of the Labour Relations Commission. EU funds. Regarding issues concerning P35 and P60, the employees were advised that the appropriate Decentralisation Programme. authority for such issues is the Revenue Com- missioners. 349. Ms C. Murphy asked the Minister for Arts, With regard to breaches of the Payment of Sport and Tourism the issues which have arisen Wages Act 1991, it is the responsibility of the following the risk analysis being conducted on his employee to present his or her complaint to a Department’s decentralisation programme; the rights commissioner. The legislation does not give way in which it is intended to address those me, as Minister, the power to present complaints. issues; the projected cost of resolving those issues; With regard to the scheduling or hearing of cases the overall cost of his Department’s decentralis- by a rights commissioner, this is a matter solely ation programme; and if he will make a statement for the management of the rights commissioner on the matter. [31974/05] service of the Labour Relations Commission. In addition, some employees expressed con- Minister for Arts, Sport and Tourism (Mr. cern regarding their pay slips. The Payment of O’Donoghue): In the context of giving effect to Wages Act 1991 provides that employers must the Government’s decision to decentralise my give to each employee with every wage packet Department to Killarney, a decentralisation a written statement of gross wages, or pay slip, implementation plan has been prepared. The itemising each deduction. The Labour Inspector- main risks identified in the plan relate to the loss ate is responsible only for monitoring compliance of expertise and corporate knowledge owing to with that specific provision, and in that regard the the high turnover of staff. The provision of appro- Labour Inspectorate is currently investigating the priate and timely training for new staff will be matter. The inspectorate has been in contact with key in addressing the issue. representatives of the company to inspect the rel- The main costs of the decentralisation of my evant records. The Deputy will appreciate that Department will be those relating to the acquis- this task is difficult in circumstances where the ition of the site in Killarney and the construction company is now closed, and the company is of the new building. Those costs will be borne unable at present to gain access to the premises and monitored by the OPW, which has been in which the records are retained. However, every charged with the responsibility of providing the effort is being made to gain access to the rel- office accommodation for my Department. It is evant records. not possible to project the overall cost of my Regarding any suppliers of the company who Department’s decentralisation programme at this are owed money by the company, they should stage, but all relevant costs will be carefully pursue that issue through the legal channels avail- monitored. able to them.

Company Closures. Question No. 351 answered with Question No. 122. 350. Mr. F. McGrath asked the Minister for Enterprise, Trade and Employment the reason a Unemployment Levels. company (details supplied) closed, leaving staff and suppliers without their payments; and the 352. Mr. Eamon Ryan asked the Minister for action taken against this company. [31719/05] Enterprise, Trade and Employment the failure of 329 Questions— 2 November 2005. Written Answers 330 the employment services policy unit to address Enterprise, Trade and Employment the measures the problem of long-term unemployment in he has taken to meet the \15 million reduction recent years, which is at the same level now as it from the European Social Fund; and the steps he was in 2000, and represents more than one third has taken to redress the departmental irregularit- of the overall unemployment rate. [32016/05] ies that led to the decrease. [32017/05]

Minister for Enterprise, Trade and Employ- Minister for Enterprise, Trade and Employ- ment (Mr. Martin): Since 1997 more than 450,000 ment (Mr. Martin): As a consequence of a Com- new jobs have been created. There has also been \ a significant fall in unemployment, from 10.4% to mission audit decision in 2000, 15.6 million of 4.2% at present. European Social Fund moneys were withheld Long-term unemployment fell from 5.5% in from Ireland. The sum involved represents less 1997 to 1.6% in 2000, and that very low level has than 1% of the amount allocated to the three been maintained — it is now at 1.4%. That long- operational programmes for the period 1994-99. term unemployment rate compares very favour- The Commission decision was contested by my ably with the EU average of 4% and ranks Department, and that resulted in a hearing before fourth-lowest among the 25 EU member states. the European Court of Justice this year. On 15 However, we are not complacent about that September 2005, the European Court of Justice level of long-term unemployment, and to reduce agreed with the European Commission’s opinion it a range of initiatives has been introduced. that Ireland had overclaimed the contribution ´ In addition to the FAS and local employment due from the ESF. That was owing to a technical services and the community employment, social issue in the manner in which Ireland presented economy and job initiative programmes, the most ESF claims. significant measure has been the national employment action plan referral process. That It should be noted that the Commission accepts involves early intervention by FA´ S with unem- that all expenditure incurred under the prog- ployed people. It seeks to help the unemployed rammes in question was eligible and that no alle- to re-integrate into the labour market as quickly gation of fraud was made. as possible by providing them with the necessary Of the \15.6 million withheld after the Com- skills and supports to improve their mission decision in 2000, \7.2 million was with- employability. held from the funding allocated to mine and the Under that process, since 2003 anyone who has following Departments: Education and Science; been on the live register for six months, and all Health and Children; Community, Rural and persons not previously referred and on the live Gaeltacht Affairs; and Justice, Equality and Law register for more than six months, were referred Reform. to FA´ S for interview. The majority of such The remaining \8.4 million of funding was paid referrals were long-term unemployed. Since June from Exchequer resources to what was then the 2003, approximately 27,000 long-term unem- ployed clients have been referred to FA´ S. Since National Training Development Institute, which the introduction of the NEAP in September 1998, was a non-governmental organisation. The action a total of 247,000 clients have been referred to required to be taken in respect of those funds is FA´ S for assistance. currently under consideration, in consultation An external evaluation of the NEAP preven- with the relevant Departments. tive strategy, which is due to be released shortly, Irregularities of the types which have caused concludes “that the NEAP process has been a this claw-back are very unlikely to recur regard- success”. ing the current operational programmes period Other innovative responses developed by my because of the additional management and finan- Department and FA´ S to assist unemployed per- cial controls implemented within the funding cas- sons have included: the pathways programme, cade structure as a result of the expertise gained which identifies the most appropriate develop- from the previous period of funding from 1994 ment pathway to assist clients to obtain employ- to 1999. ment; the high supports process, which assists clients on a multi-agency basis to address per- sonal barriers to employment; and the customised Job Creation. training fund to meet training needs of the unem- 354. Dr. Cowley asked the Minister for ployed flexibly. We are therefore continuing to engage with Enterprise, Trade and Employment if his atten- those in long-term unemployment through a wide tion has been drawn to the immediate need for range of labour market measures and activities to industry in the town of Ballina, County Mayo; if help them return to employment. his attention has further been drawn to the fact that this Mayo town desperately needs an employment injection to ensure its survival rather EU Funding. than decline; and if he will make a statement on 353. Mr. Eamon Ryan asked the Minister for the matter. [31413/05] 331 Questions— 2 November 2005. Written Answers 332

355. Dr. Cowley asked the Minister for developing the business infrastructure in the Enterprise, Trade and Employment if his atten- county through its community enterprise centre tion has been drawn to the fact that it is more programme. Enterprise Ireland has supported a than six years since the IDA created employment total of ten community enterprise centres in in Ballina; if his further attention has been drawn County Mayo. In addition, it has committed fund- to the fact that industrial employment is severely ing of over \0.7 million to Moy Valley Resources reduced in this ever-developing town; if he will IRD Group for the development of enterprise consider establishing industry in Ballina in view space in Ballina. That centre, which was com- of the fact that there is a new IDA industrial park pleted at the end of 2004, is currently being in the pipeline; and if he will make a statement marketed to potential clients. on the matter. [31343/05] Since January 2004 Mayo CEB has approved grant aid totalling \85,000 in favour of five separ- Minister for Enterprise, Trade and Employ- ate micro-enterprise projects in Ballina. In ment (Mr. Martin): I propose to take Questions addition, during 2005, the board provided train- Nos. 354 and 355 together. ing support to 36 people on courses also based Support for job creation and investment in in Ballina. individual counties is a day-to-day operational I am confident the policies and strategies being matter for the development agencies as part of pursued by the development agencies, together their responsibility under the Industrial Develop- with the ongoing commitment and support from ment Acts. While I may give general policy Government, will bear fruit in sustainable directives to the agencies, I am precluded under additional investment and jobs for the people of the Acts from giving directives regarding individ- Mayo, including Ballina. ual undertakings or from giving preference to one area over others. In line with the national spatial Health and Safety Regulations. strategy, a key goal for the agencies is the achievement of balanced regional development. 356. Mr. Ferris asked the Minister for Enterprise, Trade and Employment if his atten- IDA Ireland, the agency charged with the tion has been drawn to the fact that the person attraction of foreign direct investment, FDI, to who made a written complaint to the Health and Ireland, has assured me that it is actively market- Safety Authority in July 2005 regarding a centre ing and promoting the linked hub towns of Bal- (details supplied) in County Kerry was sacked as lina, Castlebar and Westport for new greenfield a direct result of having made the complaint; and investment. At the end of 2004, there were 22 if he will make a statement on the matter. IDA Ireland-supported companies in Mayo, [31702/05] employing 3,213 people. The agency is actively working with those clients with a view to encour- Minister of State at the Department of aging them to grow and expand. Enterprise, Trade and Employment (Mr. To underpin those efforts, they are working Killeen): I provided details to the House in with local groups, utility providers and other regard to certain other aspects of this case in my agencies to ensure that Ballina has the appro- reply to a question on 25 October last. priate infrastructure to support growth and Section 27 (3) of the Safety, Health and Wel- attract new projects. In that regard, IDA Ireland fare at Work Act 2005, which came into effect on has been deeply involved with local partners in 1 September 2005, states that the development of regional planning guidelines, and negotiations are at an advanced stage to An employer shall not penalise or threaten acquire 27 acres of land on the Sligo Road in Bal- penalisation against an employee for ... making lina that will be developed into a high-quality a complaint or representation to his or her business and technology park. safety representative or employer or the Auth- Enterprise Ireland is the agency which concen- ority, as regards any matter relating to safety, trates on the development of indigenous indus- health or welfare at work... tries. Since 2003 Enterprise Ireland has approved For the purposes of this Act, “penalisation” funding support of over \4.6 million and paid includes dismissal within the meaning of the more than \2.4 million to companies in County Unfair Dismissals Acts. Mayo. Of that amount, Enterprise Ireland client Accordingly, the employee concerned may companies in the Ballina area have been have recourse to a rights commissioner of the approved funding of almost \1 million. That fin- Labour Relations Commission under the above ancial support will enable the companies to fund Act. Alternatively, the employee may be entitled their plans for innovation and new product to take a case for unfair dismissal under the development. Unfair Dismissals Acts. To take such a case, an Enterprise Ireland also works with local com- employee must, with certain specific exceptions, munities and the county enterprise board in have one year’s continuous service with the 333 Questions— 2 November 2005. Written Answers 334 employer who dismissed him or her. Further expected that the insurance industry would information in that regard is contained in my ensure that reductions in insurance costs translate Department’s Guide to Labour Law, which is into significant reductions in premia to consumers available from the employment rights infor- on a quid pro quo basis. mation unit of my Department (Lo-call 1890 I understand there was a reduction of 23.5% 201615) or by e-mailing [email protected] between October 2002, when the reform prog- Department’s website also contains detailed ramme was launched, and August 2005 in motor explanatory information on the various pieces of insurance, according to the figures of the Central employment rights legislation administered by my Statistics Office. Clearly, competition in the Department. Information and clarification of market is driving premia downward. My Depart- rights and entitlements may also be obtained ment does not collect any figures in respect of from the employment rights information unit, public or employers’ liability. should the employee concerned wish to enquire It must be noted that EU law prevents Govern- into his or her entitlements in this regard. ments from intervening regarding premium levels or risks that insurers are prepared to underwrite. Insurance Industry. Insurers generally make decisions about whether they are prepared to quote for a particular risk, 357. Mr. Howlin asked the Minister for and if so, at what premium level, based on their Enterprise, Trade and Employment if, in view of underwriting experience or assessment of that the recent huge profits revealed for the insurance risk in the market. sector, he has satisfied himself that the industry is passing on the benefits of reduced claims to Public Relations Contracts. consumers; and if he will make a statement on the matter. [25440/05] 358. Mr. P. McGrath asked the Minister for Enterprise, Trade and Employment the number Minister for Enterprise, Trade and Employ- and value of contracts awarded for public ment (Mr. Martin): The financial regulator, under relations projects by his Department since the aegis of the Minister for Finance, is respon- December 2004. [31749/05] sible for the financial supervision of insurance companies here. Before the establishment of the Minister for Enterprise, Trade and Employ- financial regulator, my Department regulated and ment (Mr. Martin): No contracts for public supervised insurance undertakings. I had minis- relations projects have been awarded by my terial responsibility, and my Department had Department since December 2004. access to detailed statutory returns which would have allowed my Department to make judge- Ministerial Staff. ments relating to levels of reserves and profits in 359. Mr. P. McGrath asked the Minister for insurance undertakings. The financial regulator Enterprise, Trade and Employment the number now receives those statutory returns and has of civil servants and other staff employed in his responsibility for protecting consumer interests constituency office; and the grade and remuner- regarding insurance. ation of each. [31764/05] The insurance reform programme brought about improvements in the functioning of the Minister for Enterprise, Trade and Employ- Irish insurance market, and very real reform has ment (Mr. Martin): Two civil servants and three been delivered. The reform programme, no other staff are employed in my Department’s doubt, has contributed to recent improvements in constituency office. Details regarding grade and profitability in the insurance sector. It was remuneration are outlined in the following table.

Grade Breakdown Salary Scale

2 Personal Assistants (1 work-sharer) \21,245- \34,448 Class A PRSI \20,181-\32,728 Class B PRSI 1 Personal Secretary \20,187-\38,948 3 Clerical Officers (1 work-sharer) \21,245-\34,448 Class A PRSI \20,181-\32,728 Class B PRSI

In addition, two individuals receive allowances Consultancy Contracts. personal to them. The total annual remuneration 360. Mr. P. McGrath asked the Minister for for staff in my constituency office for 2005 is Enterprise, Trade and Employment the number \156,270. and value of contracts awarded to outside con- 335 Questions— 2 November 2005. Written Answers 336

[Mr. P. McGrath.] Ministerial Staff. sultants by his Department in each of the past 361. Mr. P. McGrath asked the Minister for five years; the details of the contracts involved; Enterprise, Trade and Employment the number and if these projects have reached fruition. [31779/05] of civil servants and other staff in his press office; and the grade and remuneration of each staff Minister for Enterprise, Trade and Employ- member. [31794/05] ment (Mr. Martin): I understand the Deputy has confirmed that he is seeking details of contracts Minister for Enterprise, Trade and Employ- which have a total value of \10,000 or more. That ment (Mr. Martin): There are five civil servants information cannot be provided within the time- and one press adviser in my Department’s press scale available. office. Details of grade and remuneration are out- Officials of my Department are currently com- lined in the table below. piling the information, and it will be forwarded to The principal officer undertakes other duties in Deputy McGrath as soon as it is available. addition to his role in the press office.

Grade Breakdown Salary Scale

1 Press Adviser \78,985-\97,698 Class A PRSI \75,036-\92,813 Class B PRSI 1 Principal Officer (part-time) \78,985-\97,698 Class A PRSI \75,036-\92,813 Class B PRSI 1 Higher Executive Officer \42,676-\54,173 Class A PRSI \40,563-\51,463 Class B PRSI 1 Executive Officer \28,021-\44,458 Class A PRSI \26,61-\42,238 Class B PRSI 2 Clerical Officers \21,245-\34,448 Class A PRSI \20,181-\32,728 Class B PRSI

The total annual remuneration for staff in the period as set out in section 49 of the PIAB Act press office for 2005 is \317,101. 2003. It is also worth noting that this nine-month Health and Safety Regulations. assessment period compares very favourably with the litigation system, where claims take on aver- 362. Mr. Connaughton asked the Minister for age three years to be settled. Enterprise, Trade and Employment if the Per- sonal Injuries Assessment Board has received a personal injury claim from a person (details Community Employment Schemes. supplied) in County Galway; if so, the reason it is 363. Mr. Crawford asked the Minister for taking so long to process the claim; and if he will Enterprise, Trade and Employment the number make a statement on the matter. [31892/05] of workers involved through FA´ S and community employment schemes on a county basis for each Minister for Enterprise, Trade and Employ- of the past five years; his views on whether there ment (Mr. Martin): The Personal Injuries Assess- are quite a number of persons in long-term unem- ment Board, PIAB, was established by ministerial order on 13 April 2004. From 1 June 2004, all ployment over the age of 50 who might be better personal injury claims arising from workplace employed under those schemes rather than claim- accidents where an employee is seeking compen- ing social welfare; and if he will make a statement sation from his or her employer, must be referred on the matter. [31893/05] to the Personal Injuries Assessment Board before legal proceedings are issued. From 22 July 2004, Minister for Enterprise, Trade and Employ- all motor liability and public liability claims must ment (Mr. Martin): Following a review of FA´ S also be referred to the Personal Injuries Assess- employment schemes, I announced on 10 ment Board before legal proceedings are issued. November 2004 that the three-year cap for par- The issue of individual claims being handled by ticipants on CE was to be raised to six years for the PIAB is a day-to-day operational matter for those over the age of 55. which the CEO of the PIAB is responsible. The FA´ S CE programme is available for the However, I have been informed by the PIAB that unemployed and persons experiencing disadvan- the named person currently has a personal injury tage who wish to return to the labour market. case before them. The case was first notified to Therefore, these arrangements could be of the PIAB on 16 June 2005. Therefore, the case is benefit to persons in the age group mentioned by well within the nine-month statutory assessment the Deputy. 337 Questions— 2 November 2005. Written Answers 338

The following tabular statement gives the ment, CE, schemes on a county-by-county basis numbers of participants on community employ- for each of the past five years.

County 2005* 2004 2003 2002 2001

Dublin 5,796 5,615 4,795 5,968 7,397 Carlow 329 333 302 384 470 Cavan 237 267 222 292 358 Clare 564 561 534 743 970 Cork 2,076 2,059 2,011 2,412 3,190 Donegal 1,098 1,066 963 1,168 1,338 Galway 1,419 1,358 1,248 1,653 1,980 Kerry 884 897 789 1,046 1,301 Kildare 613 601 573 701 836 Kilkenny 397 399 360 450 561 Laois 317 344 264 354 423 Leitrim 132 144 129 202 232 Limerick 1,205 1,212 1,172 1,407 1,698 Longford 296 313 246 320 358 Louth 717 726 629 780 980 Mayo 752 765 737 996 1,273 Meath 410 389 317 412 561 Monaghan 369 338 280 351 415 Offaly 378 394 311 383 490 Roscommon 303 264 211 244 319 Sligo 394 422 428 491 615 Tipperary 1,081 1,077 970 1,212 1,479 Waterford 577 598 516 657 762 Westmeath 498 541 457 569 633 Wexford 781 821 737 952 1,186 Wicklow 694 690 647 822 1,021 *2005 figures are as at 31 October 2005.

EU Funding. expected that the revised regional aid guidelines will be approved by the end of 2005. 364. Mr. Lowry asked the Minister for As the Deputy is aware, the purpose of Enterprise, Trade and Employment the position regional aid is to assist the development of the regarding the negotiations with the EU Com- most disadvantaged regions by supporting invest- mission regarding changes to the Border, mid- ment and job creation in a sustainable context. It lands and western region; and if he will make a promotes the expansion, rationalisation, modern- statement on the matter. [31933/05] isation and diversification of the economic activi- ties of enterprises located in the less-favoured 365. Mr. Lowry asked the Minister for regions and encourages firms to set up new estab- Enterprise, Trade and Employment the steps he lishments there. The new draft regional aid guide- is taking to ensure that north Tipperary will be lines stress that regional aid should only be used included in the expanded Border, midlands and sparingly and proportionately and should be con- western region; and if he will make a statement centrated on the most disadvantaged regions of on the matter. [31935/05] the European Union. Given Ireland’s economic performance in recent years, we can no longer be Minister for Enterprise, Trade and Employ- classed as being among the most disadvantaged ment (Mr. Martin): I propose to take Questions regions. Therefore, regional aid is being phased Nos. 364 and 365 together. out in the most prosperous regions of the EU, The current regional aid guidelines are due to including the BMW area. The new rates being expire at the end of 2006. Negotiations regarding proposed for the BMW are attached. No changes the revised regional aid guidelines covering the are proposed to the designation of the BMW period 2007 to 2013 have been ongoing with the region. European Commission. Ireland has taken part in Under the proposed draft guidelines for two multilateral meetings of state aid experts and regional aid, the southern and eastern region will also in a bilateral with senior officials of the Com- no longer automatically qualify for regional aid. mission to discuss the new guidelines. It is However, as a result of our negotiations regard- 339 Questions— 2 November 2005. Written Answers 340

[Mr. Martin.] draft guidelines with regard to unemployment ing the proposed revised guidelines, the Com- rates and GDP. It must be noted that, given the mission is proposing to retain the safety net higher GDP and employment rates in the south- whereby no member state will lose more than ern and eastern region, aid rates in those 50% population coverage. As a consequence, it is additional areas will be much lower than likely that we will be able to designate 23.4% of available in the BMW region. No aid will be population from the southern and eastern region available for large firms, while small and medium in addition to the BMW region. In selecting the firms can receive aid of up to 30% and 20% 23.4%, we must comply with the provisions of the respectively.

BMW 2007-13

Large firms Medium firms Small firms

01.01.07 01.01.09 01.01.11 01.01.07 01.01.09 01.01.11 01.01.07 01.01.09 01.01.11 30% 20% 10% 45% 35% 20% 45% 35% 30%

Job Creation. and consumer products. IDA Ireland is confident that the strategies and policies being pursued in 366. Mr. Lowry asked the Minister for the county, together with the ongoing commit- Enterprise, Trade and Employment the steps he ment to regional development, will bear fruit in is taking to enhance employment opportunities in County Tipperary; and if he will make a state- overseas investment and jobs. ment on the matter. [31936/05] Enterprise Ireland is the national agency responsible for the development of indigenous Minister for Enterprise, Trade and Employ- industry, and Shannon Development acts as its ment (Mr. Martin): The issue of job creation is agent in the mid-west region, which includes a day-to-day operational issue for the industrial north Tipperary. Since the beginning of 2002, development agencies under the remit of my Enterprise Ireland has approved funding of over \ \ Department and not one in which I, as Minister, 4.9 million and made payments of over 5 mil- have direct involvement. lion for client companies in Tipperary South. IDA Ireland has responsibility for the attrac- Enterprise Ireland also has a range of services tion of foreign direct investment, FDI, to Ireland. offerings to encourage high-tech, high-oppor- The attractiveness of Tipperary for inward invest- tunity indigenous enterprise such as: project- ment has to be seen in a regional context and, in building; mentoring; training; space; patent pro- that regard, IDA Ireland’s regional strategy tection advice and business angels. Community- reflects the national spatial strategy, NSS, with an based enterprise centres are also a crucial part of emphasis on the gateway and hub locations. In the drive to create new regional enterprise and addition, IDA actively promotes the county Enterprise Ireland has provided support of over \ towns of Thurles, Clonmel and Tipperary. 700,000 for community enterprise centres in IDA recognises the need to provide high-value Carrick-on-Suir, Tipperary town and Clonmel. employment opportunities in Tipperary that Shannon Development supports the indigenous provide sustainable long-term jobs and is conse- sector in north Tipperary through a range of sup- quently targeting companies and projects which port programmes. The ICT sector is not well rep- are more knowledge-intensive and have a higher resented in North Tipperary, and Shannon skill requirement. Development has initiated several initiatives Fundamental to regional success is the quality, focusing in particular on the development of calibre and drive of the third level education Tipperary technology park in Thurles. There are infrastructure in the region, and IDA Ireland currently eight companies operating out of continues to work closely with the Tipperary Tipperary technology park, five based in the incu- Institute, the universities of Limerick and Cork, bator innovation works. Those companies are and the Cork and Limerick institutes of tech- involved in e-commerce, digital cinema, software nology in the development of new areas of oppor- development and health and safety. tunity through its strategic business group, SBG, Shannon Development initiated the establish- and towards greater industry collaboration and ment of a Thurles marketing group representing research through its education, skills and Thurles Town Council, Tipperary Institute, research, ESR, group. Leader, the county enterprise board, Thurles At the end of 2004, there were 2,805 people Chamber of Commerce and Shannon Develop- in permanent employment in 18 IDA-supported ment to promote the attractiveness of Thurles as companies in County Tipperary. There is a an investment location. diverse range of companies located in County Shannon Development has also acquired a 29- Tipperary representing several industry sectors acre site adjacent to the N7 in Roscrea with a such as pharmaceuticals, health care, engineering view to the development of a business park 341 Questions— 2 November 2005. Written Answers 342 appropriate to the needs of the area. Shannon the possible transfer of the programme to that Development is also involved in Newport as part Department. of its e-towns pilot project. That project is part of a pilot of demonstration locations to develop a Job Creation. template for the renewal or improvement of smaller communities in multiple locations. 368. Mr. McHugh asked the Minister for Tipperary North Riding and Tipperary South Enterprise, Trade and Employment the efforts Riding County Enterprise Boards were estab- his Department is making in conjunction with a lished in October 1993 to provide a source of sup- company (details supplied) to create the climate port in County Tipperary for small businesses for improved job opportunities in the town of with ten employees or fewer. In 2004 the two Tuam; the progress being made on the construc- boards assisted in the creation of 101 net jobs and tion of factory units in the IDA Ireland park in paid out \454,608 in grant assistance to 36 pro- Tuam, County Galway; and the efforts being jects in the region. Up to the end of 2004, both made to attract tenants for same. [31953/05] CEBs contributed to the creation of 1,190 net jobs and delivered over \6.7 million in grant pay- Minister for Enterprise, Trade and Employ- ments to 761 projects in the county as a whole. ment (Mr. Martin): IDA Ireland is the agency For the remainder of 2005, both Tipperary with statutory responsibility for the attraction of north and south riding CEBs will continue to be foreign direct investment to Ireland. While I may proactive in ensuring that all available funds are give general policy directives to the agency, I am targeted to maximise entrepreneurial develop- precluded under the Industrial Developments ment in the micro-enterprise sector throughout Acts from giving directives regarding individual the county. undertakings or from giving preference to one area over others. Community Employment Schemes. IDA Ireland is working closely with several public and private bodies, including Enterprise 367. Mr. Lowry asked the Minister for Ireland, which is concentrating on the develop- Enterprise, Trade and Employment the steps he ment of the indigenous sector, the County is taking to amend the social economy prog- Enterprise Board, which has responsibility for ramme and the community employment scheme; supporting the micro-enterprise sector, the if the community employment scheme will be county council, county development board and operated going forward by another agency; and if major infrastructure and utility providers to he will make a statement on the matter. improve the business environment of the town. [31937/05] I understand from IDA Ireland that phase 1 of the development of the new Tuam business and Minister for Enterprise, Trade and Employ- technology park was substantially completed in ment (Mr. Martin): The main purpose of the com- 2003 and that a minor estate access road and munity employment programme operated by FA´ S is to provide work experience and training associated landscaping have recently been for the long-term unemployed and disadvantaged completed. groups and thereby enable participants to The next stage of the project will be the build- advance successfully to employment in the open ing of “advance technology units”. The park will labour market. initially accommodate four units, two 5,000 sq. ft. Following a review of FA´ S employment units and two units of 7,500 sq. ft., for which plan- schemes — the community employment, job ning permission has been obtained from Galway initiative and social economy programmes — on County Council. 10 November 2004 I announced that the three- Planning permission is also currently being year cap for participants on community employ- sought for a new “advance technology building” ment would be raised to six years for those over on a site adjacent to the park entrance. This 55 to ensure the maintenance of essential com- 20,000 sq. ft. building will be designed to accom- munity services particularly in rural areas where modate manufacturing type operations but can it had been found that difficulties existed in find- also be converted to office based activity, if ing replacement participants. required. I have no plans at present to make any further Although the construction of an initial advance changes of that type to the community employ- unit is not immediately planned, I understand ment scheme. that the park is actively being marketed to poten- A review of the social economy programme tial overseas investors by IDA Ireland through its highlighted the valuable role that it plays in the network of overseas offices and project divisions. delivery of community services throughout the I have no doubt that the availability of the flag- country. Discussions are currently taking place ship park, together with the planned associated between my Department and the Department of buildings, will enhance the attractiveness of the Community, Rural and Gaeltacht Affairs about area to potential overseas investors. 343 Questions— 2 November 2005. Written Answers 344

[Mr. Martin.] prospects offered by existing export markets and I am confident that the strategies and policies newer markets such as central and eastern being pursued by IDA Ireland, together with the Europe will also be important for future growth. ongoing commitment of the Government to regional development, will bear fruit in additional Work Permits. sustainable investment and jobs for the people of Tuam. 371. Mr. Durkan asked the Minister for Enterprise, Trade and Employment the number of work permits issued in each of the past 12 World Trade Negotiations. months; the way in which this compares with the 369. Mr. Durkan asked the Minister for prevailing situation in the previous 12 months; Enterprise, Trade and Employment the number and if he will make a statement on the matter. and location of new countries with which trade or [31961/05] other import and export agreements have been established in the past five years; and if he will Minister for Enterprise, Trade and Employ- make a statement on the matter. [31959/05] ment (Mr. Martin): The work permits section of my Department issued 29,532 work permits appli- Minister of State at the Department of cations in the 12 months from 1 October , 2004 Enterprise, Trade and Employment (Mr. M. to 30 September, 2005 of which 7,634 were new Ahern): Ireland has not entered into any trade permits. This compares with 36,400 for the period agreements with any new countries in the past 1 October, 2003 to 30 September, 2004 for which five years. That is because international trade 12,398 were new work permits. Following is a policy matters are a Community, and not solely detailed monthly breakdown. a national, competence. As such, the European The Deputy may wish to note, for his con- Union negotiates as a single entity on the basis venience, that the information outlined is avail- of proposals made by the European Commission, able from my Department’s website, which are developed and agreed by the EU www.entemp.ie. Council of Ministers. However, the European Union has not in the past five years entered into Month Issued Month Issued bilateral trade agreements with third countries, given that it was a period in which the Com- Oct 2004 3,705 Oct 2003 4,992 munity conducted extensive multilateral trade Nov 3,478 Nov 4,115 negotiations under the Doha development Dec 1,918 Dec 2,327 agenda with our WTO partners following the Jan 2005 1,936 Jan 2004 2,774 launch of the WTO trade round, in Doha, in Feb 1,637 Feb 3,102 November 2001. Mar 2,265 Mar 4,437 Apr 3,467 Apr 2,726 Economic Competitiveness. May 1,852 May 2,133 370. Mr. Durkan asked the Minister for Jun 2,406 Jun 2,382 Enterprise, Trade and Employment if he has July 2,216 July 2,522 satisfied himself that adequate new export Aug 2,307 Aug 2,620 markets are available for Irish manufactured Sep 2,345 Sep 2,270 goods; and if he will make a statement on the matter. [31960/05] Total 29,532 Total 34,600

Minister of State at the Department of Enterprise, Trade and Employment (Mr. M. 372. Mr. Durkan asked the Minister for Ahern): While considerable effort is devoted to Enterprise, Trade and Employment the number developing and enhancing Ireland’s traditional of applications for work permits refused in each existing markets for exports, with Northern of the past 12 months; and if he will make a state- Europe remaining our biggest market, there have ment on the matter. [31962/05] been considerable achievements in opening up new markets in recent years. Last year, Asia, a Minister for Enterprise, Trade and Employ- relatively new export market for Irish companies ment (Mr. Martin): The work permits section of showed the largest growth in exports for my Department refused 1,429 work permits appli- Enterprise Ireland client companies, increasing cations in the 12 months from 1 October, 2004 to by almost 20%. That region continues to demon- 30 September, 2005. Following is a detailed strate great potential. Pursuing the targets set out monthly breakdown. The Deputy may wish to note, for his convenience, that the information in the Government’s Asia strategy is a priority outlined is available from my Department’s web- for the next five years. In addition, exploiting the site, www.entemp.ie. 345 Questions— 2 November 2005. Written Answers 346

Another area of concern arising from the ACR Month Refused 2005, involves the significant discrepancies in the productivity performance as between different Oct 2004 116 sectors of the economy. Superior productivity Nov 173 growth has been concentrated in a small number of sectors, with evidence of much weaker pro- Dec 193 ductivity growth in sectors of the economy less Jan 2005 158 exposed to international competition such as Feb 76 retail, construction, general services and in some Mar 78 sectors of indigenous manufacturing. The Apr 105 enterprise agencies of my Department have been mandated to adjust their support strategies to the May 94 needs of their clients in the modern global econ- Jun 60 omy. For example Enterprise Ireland has July 88 launched a \20 million productivity improvement Aug 148 fund, which will assist Irish firms in their drive for Sep 140 higher efficiency and international competi- tiveness. Total 1,429 The Government is determined to ensure that Ireland’s competitiveness and the conditions for businesses operating here are as favourable as possible. In this context it looks forward to Economic Competitiveness. receiving the NCC’s Competitiveness Challenge 373. Mr. Durkan asked the Minister for Report 2005, which is due to be published later Enterprise, Trade and Employment his plans to this year. improve the competitiveness of the economy; and if he will make a statement on the matter. Job Losses. [31963/05] 374. Mr. Durkan asked the Minister for Minister for Enterprise, Trade and Employ- Enterprise, Trade and Employment the coun- ment (Mr. Martin): According to the World termeasures he proposes to take to address the Economic Forum’s Global Competitiveness issue of manufacturing or service job relocation Report 2005-2006, Ireland has moved up four to lower wage economies; and if he will make a places from 30th to 26th out of 117 countries. This statement on the matter. [31964/05] improvement in Ireland’s national competi- tiveness is further supported by the findings of 375. Mr. Durkan asked the Minister for the National Competitiveness Council’s Annual Enterprise, Trade and Employment the number Competitiveness Report 2005. This report high- of jobs which have relocated from here to lower lights several encouraging statistics, which show wage economies in the past five years; and if he that we are broadly implementing the right mix will make a statement on the matter. of policies. In 2004, the number of people in [31965/05]I employment in Ireland grew strongly with almost 1.9 million in employment by the end of the year. Minister for Enterprise, Trade and Employ- Consumer inflation stabilised, Government ment (Mr. Martin): I propose to take Questions finances remained healthy and our investment in Nos. 374 and 375 together. infrastructure, which stands at 5% of GDP, is It is not possible to determine the number of approximately twice the EU average. However, manufacturing or service jobs that have relocated the ACR 2005 also highlights two principal areas to lower wage economies in the past five years. where Ireland’s performance could be improved. Relocation is just one factor in the many The first is our price and cost competitiveness, enterprise-related issues that determine employ- which has been eroded in recent years. This, com- ment levels. Firms invest in different regions for bined with a weak dollar exchange rate, means a variety of reasons and while there is little doubt that Ireland is now an expensive production that some firms establish themselves primarily to location relative to several of our trading take advantage of reduced costs in lower wage partners. economies this is often not the only factor in A key factor in improving cost competitiveness deciding where to invest. is robust consumer and competition policies. The Where relocation has occurred to date, it has Government has already put in place the neces- largely been limited to relatively low-technology, sary measures to establish a national consumer labour-intensive manufacturing activities. The agency to advocate the consumer’s case. It has service sectors in Ireland are holding firm, and as also implemented a successful reform process of the country grows increasingly economically the insurance sector and increased the powers sophisticated, services are likely to become a and the resources of the Competition Authority, much more important source of wealth and to aid it in tackling any anti-competitive practices employment creation. This is an economic fact of in the economy. 347 Questions— 2 November 2005. Written Answers 348

[Mr. Martin.] within trading partners here; and if he will make life and one which policy makers have to work a statement on the matter. [31968/05] with and not against. We have consistently recog- nised the value and potential of services to propel Minister for Enterprise, Trade and Employ- economic growth. This is reflected in changes to ment (Mr. Martin): I propose to take Questions tax rules to promote the location of corporate Nos. 376 and 378 together. head quarters or to encourage more R&D The National Competitiveness Council, NCC, activity to take place here, as well as expanding in its Annual Competitiveness Report 2005 found the range of service industries that can be grant that of the 16 countries benchmarked, Irish aided. At the same time, we must recognise that expenditure on non-life insurance was the fourth lower cost locations abroad will prove attractive highest. However, the NCC also found that the to some companies whose margins are tighter, rate of growth in the cost of insurance has slowed which is often the case with basic manufacturing. down substantially in recent years. This can be The sustainability of employment levels in our attributed to the series of initiatives the Govern- companies, operating in both manufacturing and ment has pushed through to reform the insurance internationally traded services, is heavily tied to sector. The action taken by Government to the sustainability of their competitiveness both in ensure healthy competition in the insurance sec- terms of delivering products and services in tor had already seen benefits for consumers. Ireland and in export markets. Sub-indices calculated from the all-items con- Sustainable employment will be linked to com- sumer price index at mid-September 2005 show panies that have higher profitability, are more that since the insurance reform programme began technologically advanced and thereby prove a in October 2002, there has been a reduction of better fit with the competitive characteristics of 23.5% in car insurance. My Department does not our economy. Such companies are less likely to have data in relation to public liability insurance. move on the basis of simple cost influences. The The Personal Injuries Assessment Board, enterprise development agencies have a clear PIAB, which was one of the key initiatives of the mandate to align their operations around this Government’s insurance reform programme, policy objective, and are working to source new published it first annual report on 13 September investment by a combination of developing exist- 2005. This shows that PIAB assessments to date ing clients and new investors in existing or new have been delivered approximately three times activities or sectors. The enterprise development faster and at a delivery charge four times cheaper agencies will attract and support such growth by than under the litigation system. As well as being providing funding for innovation development, a major benefit to victims of accidents this is a upskilling within client companies, developing significant reduction in the cost to insurance com- export opportunities in overseas markets, and panies for the delivery of compensation and providing advice and referrals for clients to hence facilitates reductions in liability premiums. improve their competitive position. Supervision of insurance undertakings is the The Government is committed to developing a responsibility of the Financial Regulator, for- competitive economy that can meet the challenge merly known as the Irish Financial Services from the competitive pressures of today’s global Regulatory Authority. The Financial Regulator economy. This involves maintaining a pro busi- has a wide regulatory remit covering consumer ness environment that will provide firms with a protection and prudential supervision of practi- solid stable platform from which they can success- cally all of the financial services industry, includ- fully compete on both domestic and international ing insurance, and the services provided by it. The markets, helping to make Ireland one of the most Financial Regulator comes under the aegis of my attractive locations in the world from which to colleague the Minister for Finance. do business. Employment Support Services. Insurance Industry 377. Mr. Durkan asked the Minister for 376. Mr. Durkan asked the Minister for Enterprise, Trade and Employment if adequate Enterprise, Trade and Employment if he has funds are available to meet the requirements of satisfied himself that public liability insurance the various social employment schemes through- costs here are competitive with those applicable out the country; and if he will make a statement in other European countries; and if he will make on the matter. [31967/05] a statement on the matter. [31966/05] Minister for Enterprise, Trade and Employ- 378. Mr. Durkan asked the Minister for ment (Mr. Martin): The allocation to all FA´ S Enterprise, Trade and Employment if he has employment schemes in 2005 is \395 million, an satisfied himself that insurance costs here are increase of 8% over the 2004 budget. This level of favourably comparable with those applicable funding will be adequate to meet requirements. 349 Questions— 2 November 2005. Written Answers 350

Question No. 378 answered with Question Minister for Social and Family Affairs (Mr. No. 376. Brennan): Entitlement to maternity benefit is contingent on entitlement to maternity leave, legislation for which is the responsibility of the Decentralisation Programme. Minister for Justice, Equality and Law Reform. 379. Ms C. Murphy asked the Minister for Significant improvements have been made in Enterprise, Trade and Employment the issues the maternity benefit scheme over the recent which have arisen following the risk analysis years. As recently as 2001, improvements were being conducted on his Department’s decentralis- made to increase core maternity leave, which ation programme; the way in which it is intended attracted an entitlement to maternity benefit, to address these issues; the projected cost of from 14 to 18 weeks. The period of unpaid resolving these issues; the overall cost of his maternity leave was also increased from four to Department’s decentralisation programme; and if eight weeks, bringing the total period of he will make a statement on the matter. maternity leave to which a woman is entitled to [31975/05] 26 weeks. Based on the current average number of recipients and average rate of payment, a Minister for Enterprise, Trade and Employ- further increase in the duration of maternity ment (Mr. Martin): My Department has com- benefit by eight weeks would cost approximately \ pleted a comprehensive risk assessment of the 60.9 million in a full year. decentralisation programme. This assessment, There would also be additional Exchequer which is included in the Department’s most costs arising from the payroll costs of the many recent decentralisation plan submitted to the public servants who do not pay full PRSI contri- Decentralisation Implementation Group, iden- bution. While there are no immediate plans to tifies specific actions to deal with risks in the extend the period for which maternity benefit is areas of HR-staffing, training, business conti- paid, this issue is being kept under review. nuity, IT, customer service and accommodation. Decentralisation is now central to my Depart- Pension Provisions. ment’s corporate decision making and business 381. Mr. O’Connor asked the Minister for planning process. Specific actions in place to Social and Family Affairs his plans to change minimise the risks associated with decentralis- regulations to better facilitate returning mission- ation are factored into the day-to-day business of aries who have social welfare needs; and if he will the Department. These include proper manpower make a statement on the matter. [32161/05] and succession planning, implementation of enhanced records management policies, con- 387. Mr. Healy asked the Minister for Social tinued improvement in customer services, includ- and Family Affairs if the habitual residency rule ing the availability of online services and the will be waived in respect of Irish missionaries at establishment of internal committees and struc- home on holiday in order to allow them to avail tures to progress specific aspects of the decentra- of the old age pension in cases in which they com- lisation programme, such as ICT, knowledge ply with the various other criteria. [31533/05] management and communications. The actions progressed to date are, by their nature, part of Minister for Social and Family Affairs (Mr. day-to-day management and governance. It is dif- Brennan): I propose to answer Questions Nos. ficult therefore to quantify the cost involved. 381 and 387 together. It is not possible at this stage to put an overall The requirement to be habitually resident in cost on the decentralisation of the Department. Ireland was introduced as a qualifying condition My officials are currently developing a decentra- for certain social assistance schemes and child lisation costing framework, which will be used to benefit with effect from 1 May 2004. The old age produce reports to the Department of Finance on non-contributory pension scheme is one of the a quarterly basis. To date, approximately \51,000 schemes affected. has been spent directly on decentralisation within The basis for the restriction contained in the the Department. The costs incurred in the acquis- new rules is the applicant’s habitual residence. ition and development of the site and building in The restriction is not based on citizenship, Carlow will be met centrally. nationality, immigration status or any other factor. The effect of the restriction is that a per- Social Insurance. son whose habitual residence is in the United States, Europe, Africa or elsewhere is not paid 380. Mr. Boyle asked the Minister for Social certain social welfare payments, including old age and Family Affairs the cost to the Exchequer for non contributory pension, on arrival in Ireland. the extension of maternity leave to 26 weeks. The question of what is a person’s habitual resi- [31539/05] dence is decided in accordance with European 351 Questions— 2 November 2005. Written Answers 352

[Mr. Brennan.] people living in the State aged 66 years, or over, Court of Justice case law, which sets out the to all carers in receipt of carer’s allowance and to grounds for assessing individual claims. carers of people in receipt of constant attendance Each case received for a determination on the or prescribed relative’s allowance. It is also avail- habitual residence condition is dealt with in its able to people under age 66 who are in receipt of own right and a decision is based on application certain disability type welfare payments, such as of the guidelines to the particular individual cir- disability allowance, invalidity pension and blind cumstances of each case. Any applicant who dis- person’s pension. agrees with the decision of a deciding officer has The estimated cost of extending the household the right to appeal to the social welfare appeals benefits package and the free travel scheme to office. all widows and widowers irrespective of their age The habitual residence condition does not would be some \45 million. A range of proposals, affect missionaries returning to Ireland on a per- including those referred to by the Deputy, have manent basis. They still qualify immediately for been made to extend the coverage of the house- an old age pension or any other social welfare hold benefits package and the free travel scheme. support on the same basis as heretofore if they These proposals are kept under review in the con- meet the standard criteria. The application of the text of the objectives of the scheme and budget- habitual residence condition has to be compatible ary resources. with EU law and other international and national legal obligations and it is not possible, in applying Cost of extending the Free Schemes to Widow/ers the condition, to discriminate in favour of any Value of the Free Schemes particular group or nationality. It is not possible to waive the habitual residence requirement in Cost respect of Irish missionaries who return home on holiday. \ The habitual residence condition is being Electricity Allowance 332.67 operated in a very careful manner to ensure that Free Television Licence 152.00 Ireland’s social welfare system is not open to Telephone Allowance 296.40 everyone who is newly arrived in Ireland, while at the same time ensuring that people whose Total 781.07 cases are appropriate to the Irish social welfare Free Travel Pass (standard) 89.10 system have access to the system when they need it. Total (incl. Free Travel) 870.17

Social Welfare Benefits. Total no. of widows in the State (Census 382. Mr. Ring asked the Minister for Social and 2002) 186,860 Family Affairs if he will extend the household benefits package and free travel scheme to all No. widows aged 70+ (i.e. getting FT & HBs) (Census 2002) 120,823 widows and widowers irrespective of their age; the estimated costs of such a proposal; and if he No. widows u/70 66,037 will make a statement on the matter. [31396/05] No. widows age 66 — 69 (i.e. receiving FT) 18,391 No. widows u/66 47,646 Minister for Social and Family Affairs (Mr. No. u/66 receiving FT (PSO) 3,074 Brennan): The household benefits package, No. u/66 not receiving FT 44,572 which comprises the electricity/gas allowance, Cost of extending FT u/66 widows \3.98 million telephone allowance and television licence No. u/70 receiving HB package 13,234 schemes, is generally available to people living permanently in the State, aged 66 years or over, No. u.70 not receiving HB package 52,803 who are in receipt of a social welfare type pay- Cost to extend HB package \41.2 million ment or who satisfy a means test. The package is also available to carers and people with dis- abilities under the age of 66 who are in receipt of 383. Mr. Ring asked the Minister for Social and certain welfare type payments. People aged over Family Affairs the number of persons in receipt 70 years of age can qualify regardless of their of the farm assist payment on a county basis; and income or household composition. the comparative figure for this time last year. Widows and widowers aged from 60 to 65 [31401/05] whose late spouses had been in receipt of the household benefits package retain that entitle- Minister for Social and Family Affairs (Mr. ment to ensure that households do not suffer a Brennan): The information requested by the loss of entitlements following the death of a deputy is contained in the following tabular spouse. The free travel scheme, is available to all statement. 353 Questions— 2 November 2005. Written Answers 354

Table: Number of Recipients of Farm Assist by County, 2004 Minister for Social and Family Affairs (Mr. and 2005 Brennan): The Christmas bonus will again be paid this year to all recipients of long-term social County September 2004 September 2005 welfare payments, at a rate equivalent to 100% of the person’s normal weekly payment, subject Carlow 61 56 to a minimum payment of \30. This measure will \ Cavan 312 284 cost an estimated 139.3 million in 2005 and will benefit some 1.2 million persons comprising Clare 471 416 835,000 recipients and 384,000 dependents. Cork 605 548 The estimated cost of extending the Christmas Donegal 1,194 1,123 bonus to all persons in receipt of short-term pay- Dublin 11 9 ments, that is, short-term unemployment pay- Galway 906 857 ments, disability benefit, maternity benefit, carers benefit, family income supplement and basic sup- Kerry 668 624 plementary welfare allowance, is \31 million. Kildare 49 42 Approximately 198,000 persons are currently Kilkenny 128 120 receiving these short-term payments. Laois 89 84 I am satisfied that the Christmas bonus pay- ment is effectively and appropriately targeted. Leitrim 245 227 The focus of the bonus has always been on per- Limerick 216 203 sons who rely on the social welfare system for Longford 108 96 financial support over the long-term. There are Louth 67 64 no plans to extend entitlement to the short-term Mayo 1,627 1,452 schemes, having regard to the resources available and the significant cost which would be involved. Meath 57 54 Monaghan 416 403 385. Mr. Ring asked the Minister for Social and Offaly 82 75 Family Affairs the average processing time for each claim or payment within his Department at Roscommon 345 304 present. [31403/05] Sligo 355 327 Minister for Social and Family Affairs (Mr. Tipperary 220 191 Brennan): My Department is committed to pro- Waterford 47 39 viding quality customer service to all its Westmeath 89 78 customers. This includes ensuring that appli- Wexford 176 151 cations are processed and that decisions on Wicklow 57 53 entitlement are issued as expeditiously as possible having regard to the eligibility conditions which Total 8,601 7,880 apply. These conditions vary from scheme to scheme and may include establishment of the customer’s social insurance record, the provision of medical certificates of incapacity, verification 384. Mr. Ring asked the Minister for Social and of a customer’s identity, satisfying residency con- Family Affairs if he will extend the Christmas ditions and an assessment of means where appro- bonus to include persons on short-term payments priate. In some cases there is an unavoidable time such as short-term unemployment payments, dis- lag involved in making the necessary enquiries to ability, maternity benefit and carers benefit; the enable decisions to be made. Time can also elapse estimated cost of extending the scheme; the cur- where the applicants do not supply all the neces- rent cost to the Exchequer of the scheme; the sary information in support of their claim. Details number of persons approximately who are in of the average processing times for new claims for receipt of short-term payments and, therefore, the month of September 2005, and year to date are currently excluded from the Christmas bonus including figures to the end of September, on a payment; and if he will make a statement on the scheme by scheme basis, are set out in the follow- matter. [31402/05] ing tabular statement.

Average Weeks to Award Social Welfare Claims

Scheme September 2005 Year to Date 2005

Old Age Contributory Pension 6.21 7.52 Retirement Pension 5.70 6.74 Widow/er’s Contributory Pension 3.62 4.62 Old Age Non Contributory Pension 8.95 8.47 Widow/er’s Non Contributory Pension 7.17 5.41 One Parent Family — Separated 11.16 15.89 355 Questions— 2 November 2005. Written Answers 356

[Mr. Brennan.]

Scheme September 2005 Year to Date 2005

One Parent Family — Unmarried 6.05 11.81 Household Benefits (Free Schemes) 5.58 6.57 Unemployment Benefit 2.13 2.03 Unemployment Assistance 3.79 3.36 Disability Benefit 0.71 0.82 Child Benefit 1.52 1.26 Family Income Supplement 4.82 4.21 Invalidity Pension 9.13 7.83 Disability Allowance 13.98 12.49 Bereavement Grant (Longford) 2.50 2.71 Bereavement Grant (PSO) 4.06 3.68 Carer’s Allowance 8.81 9.32

public service card in line with its existing Identity Cards. responsibilities, for issue in 2007. This will be compatible with the SAFE standards and the 386. Mr. Kehoe asked the Minister for Social emerging policy. The card will include identifi- and Family Affairs his plans to introduce photo cation features which could include a photograph identification on cards issued by his Department; but this will depend on the policy adopted. and if he will make a statement on the matter. [31523/05] Question No. 387 answered with Question No. 381. Minister for Social and Family Affairs (Mr. Brennan): My Department, together with the Social Welfare Code. Department of Finance, is managing a prog- ramme of work to develop a framework within 388. Mr. Lowry asked the Minister for Social which public service cards can be deployed. The and Family Affairs the procedures for a person (details supplied) to obtain a PPS number. programme of work is known as the standard [31684/05] authentication framework environment, SAFE. Following approval from Government, an Minister for Social and Family Affairs (Mr. interdepartmental steering group was established Brennan): The personal public service, PPS, in September 2004 to develop the framework. number is a unique reference for people who The steering group comprised representatives have dealings with Departments of Government from 12 Departments and the Reach agency. The and public bodies. A PPS number issues auto- term “framework” is being used to emphasise matically to children born in Ireland. In all other that a single public service card is not necessarily cases, a person seeking a PPS number must apply envisaged but rather a standard within which at one of my Department’s local offices. individual initiatives can operate. One of the It is necessary to have effective controls around objectives of SAFE is to facilitate convergence the PPS number registration process to guard over time of existing cards and other tokens against fraud and to protect the integrity of data under a single branded scheme. The individual under the Department’s control. It is important will benefit from a reduction in the number of therefore, that a person receives only one PPS tokens required and will give them enhanced con- number and that it is allocated on information trol of the use of their data. Agencies can benefit that is accurate and verified. To ensure the secur- from the streamlining of existing schemes and ity of the system, certain procedures are set down sharing of administrative costs. by my Department when dealing with appli- The first phase of this work was completed by cations. Evidence of identity is a vital element of June of this year and the business principles for the allocation process. When applying for a PPS the framework were agreed. It was recognised number, applicants are asked to complete an that any framework needed to operate in a application form and to supply documentation to defined policy environment and my Department establish their identity. In the case of a US citi- and the Department of Finance are engaged in zen, he or she will be asked to provide a current the necessary technical research to bring forward valid passport and evidence of residence in this recommendations on such a policy. This will be country — for example, a copy of a tenancy accompanied by a parallel stream of work to agreement or a public utility bill. Once the pro- define a detailed functional architecture to sup- cess is satisfactorily completed, the PPS number port SAFE. My department intends to develop a will issue in most cases by post within five days. 357 Questions— 2 November 2005. Written Answers 358

Where queries arise, staff in the client identity has improved the income situation of welfare services section of my Department will provide recipients considerably in real terms relative to advice and assistance to an applicant, or someone solid fuel cost increases and to price inflation gen- acting on his or her behalf. erally. For example, a single person on a con- tributory old age pension has received an increase Social Welfare Benefits. of \32 per week over the last three budgets when fuel allowances were held constant. This is 389. Mr. P. Breen asked the Minister for Social approximately double the amount required to and Family Affairs the reason persons (details compensate for all inflation, including fuel price supplied) in County Clare has not received the inflation. supplementary welfare allowance; and if he will make a statement on the matter. [31725/05] Some 274,000 customers — 151,000 with basic fuel allowance and 123,000 with smokeless fuel Minister for Social and Family Affairs (Mr. supplement — benefit under the scheme at a cost \ Brennan): The supplementary welfare allowance of 85.4 million in 2005. In addition to fuel allow- scheme is administered on my behalf by the com- ance, over 320,000 pensioners and their house- munity welfare division of the Health Service holds qualify for electricity or gas allowances Executive. Neither I nor my Department has any through the household benefits package, payable function in determining entitlement to a sup- towards their heating, light and cooking costs plement in individual cases. The mid-western throughout the year, at an overall cost of \108.8 region of the HSE has advised that the person million in 2005. As currently structured, these concerned is in receipt of full entitlements. The allowances are linked to unit energy consump- person applied for a diet supplement in 2001 and tion, so that recipients are protected against unit was awarded an amount based on the household price increases. There is also a facility available income at the time and the application of the diet through the supplementary welfare allowance supplement scheme rules. scheme to assist people in certain circumstances The rate of diet supplement in payment was who have special heating needs. based on his income from disability allowance. I consider it important to continue the policy The person concerned subsequently transferred of concentrating available budget resources to to an old age pension and his entitlement to diet providing real increases to these primary social supplement was reviewed to take account of the welfare rates and to move towards the targets set increase in his income, in accordance with the out in the national anti-poverty strategy. This is scheme rules. Following the review, his diet sup- aimed at ensuring that people who depend on plement was reduced in June 2005. social welfare income support will have adequate The Health Service Executive is not aware of income to meet their normal living expenses, any outstanding application by the person con- including their heating costs. This approach will cerned for supplementary welfare allowance. involve compensating them fully for all price inflation, including fuel price inflation, and pro- Security for the Elderly. viding additional increases over and above that in 390. Dr. Cowley asked the Minister for Social their year round weekly payments. and Family Affairs if he intends to amend the However, I am keeping the fuel allowance current fuel allowance rate; if not, the reason under active review. Any change to the scheme therefor; and if he will make a statement on the would have very significant cost implications and matter. [31730/05] would have to be considered in the context of the budget and in the light of the resources available Minister for Social and Family Affairs (Mr. to me for improvements in social welfare Brennan): In recent years the Government has generally. concentrated on increasing primary social welfare payment rates by amounts far in excess of Public Relations Contracts. inflation. This approach, although more costly than increasing fuel allowances, delivers a better 391. Mr. P. McGrath asked the Minister for outcome for pensioners and others by substan- Social and Family Affairs the number and value tially increasing their real income over the of contracts awarded for public relations projects whole year. by his Department since December 2004. Since 2002, pensioners and other eligible [31750/05] groups have received cumulative increases of between 33.6% and 37.3% in their primary social Minister for Social and Family Affairs (Mr. welfare payment rates. These higher rates of Brennan): The Department of Social and Family primary payments are payable for the full 52 Affairs has not awarded any contracts for public weeks of the year as opposed to the 29 weeks for relations projects since December 2004. which the fuel allowance is paid. This approach 359 Questions— 2 November 2005. Written Answers 360

Ministerial Staff. Year Total Paid

392. Mr. P. McGrath asked the Minister for \ Social and Family Affairs the number of civil ser- 2003 1,975,000 vants and other staff employed in his constituency office; and the grade and remuneration of 2004 2,822,000 each. [31765/05] 2005 (to end of September) 2,209,565

Minister for Social and Family Affairs (Mr. These amounts exclude Reach and the civil regis- Brennan): There are a total of six full-time tration modernisation programme which, administrative staff assigned to deal with matters although facilitated by my Department, are in my constituency office. There are four estab- financed as interdepartmental projects from the lished civil servants, one executive officer on a information society fund. The detailed infor- payscale of \26,618 to \42,238 and three clerical mation sought by the Deputy about the details of officers on a payscale of \21,245 to \34,448. the contracts involved and the current status of I have also appointed, on a contract basis for the projects is being compiled. A letter will issue my term of office, two non-established civil ser- to the Deputy in the near future. vants, a personal secretary and a personal assist- ant. The annual salary for my personal secretary is \38,948. My personal assistant is on Ministerial Staff. secondment from the Department of Education 394. Mr. P. McGrath asked the Minister for and Science. That Department will recoup from Social and Family Affairs the number of civil ser- my Department on an annual basis the cost of vants and other staff in his press office; and the a replacement teacher’s salary, allowances, PRSI grade and remuneration of each staff member. contributions and superannuation contributions. [31795/05] This will be in the region of \34,400. Minister for Social and Family Affairs (Mr. Consultancy Contracts. Brennan): There are three staff in the Depart- ment’s press office, including the press officer 393. Mr. P. McGrath asked the Minister for who is a higher executive officer on a payscale of Social and Family Affairs the number and value \40,543 to \51,463 and the deputy press officer of contracts awarded to outside consultants by his who is an executive officer on a payscale of Department in each of the past five years; the \28,021 to \44,458. The third member of staff, details of the contracts involved; and if these pro- who is awaiting re-assignment following pro- jects have reached fruition. [31780/05] motion to executive officer, served as a clerical officer on a payscale of \21,245 to \34,448. I have Minister for Social and Family Affairs (Mr. also appointed a press advisor on a contract basis Brennan): The activities of the Department of for my term of office. The salary for this position Social and Family Affairs require the engagement is \80,750 to \93,599 together with a private pen- of a range of consultancy expertise. Broadly, sion contribution of 10% of salary. expertise is sought under three main headings: support with a number of strategic multi-annual programmes aimed at enhancing the delivery of Social Welfare Benefits. the Department’s services, for example, the 395. Mr. Gregory asked the Minister for Social service delivery modernisation programme; tech- and Family Affairs the dietary allowance for dia- nical consultancies relating to the ongoing betics who are old age pensioners; the reason this development of information technology systems; amount has not increased in more than 15 years; consultancy assistance in other areas, including and if he will review this matter for categories of policy development, advertising and information. persons such as old age pensioners. [31883/05] In the year 2005, there are over 50 projects underway involving a consultancy element. The Minister for Social and Family Affairs (Mr. figures for 2004, 2003, 2002 and 2001 were 39, 43, Brennan): Diet supplements are provided 53 and 22 respectively. The amounts paid by the through the supplementary welfare allowance Department on the engagement of consultants scheme which is administered on my behalf by each year since 2000 is as follows: the community welfare division of the Health Service Executive, HSE. They are intended to Year Total Paid meet any shortfall that may exist between the cost of a special diet and the amount it would be \ reasonable to expect a person to pay towards 2000 £1,876,000 their food costs. These diet supplement payments 2001 3,605,000 are not confined to pensioners. Any person who receives a social welfare or HSE payment, has 2002 4,704,000 been prescribed a special diet as a result of a 361 Questions— 2 November 2005. Written Answers 362 specified medical condition and is unable to on low incomes to meet the identified extra cost provide for his or her food needs from within his of medically-recommended special diets if they or her own resources may qualify for a diet sup- need them. In the meantime, diet supplements plement under the supplementary welfare allow- continue to be provided for existing recipients ance scheme. and new applicants as heretofore. Diet supplements are subject to a means test. Under the existing scheme, the amount of sup- Decentralisation Programme. plement payable in individual cases depends on the income of the individual and his or her 396. Ms C. Murphy asked the Minister for dependants and which of two categories of diet, Social and Family Affairs the issues that have low-cost or high-cost, has been prescribed by the arisen following the risk analysis being conducted applicant’s medical advisor. The basis for calcu- on his Department’s decentralisation programme; lating the amount of diet supplement remained the way in which it is intended to address these unchanged between 1996 and 2004. Increases in issues; the projected cost of resolving these issues; social welfare rates and in the cost of special diets the overall cost of his Department’s decentralis- since 1996 had not been taken into account in ation programme; and if he will make a statement assessing entitlement in individual cases. With on the matter. [31976/05] effect from 1 January 2004, the diet supplement scheme was restructured to take account of Minister for Social and Family Affairs (Mr. increases in both social welfare payment rates Brennan): My Department is due to decentralise and the rate of food inflation since 1996. Due to all its headquarters sections remaining in Dublin the fact that increases in the social welfare pay- to six locations throughout the country, involving ment rates were higher than food price inflation some 1,300 staff. It is scheduled to decentralise to since 1996, the shortfall needing to be met by the Sligo and Carrick-on-Shannon early in 2007, to diet supplement is less than in the past. People Carrickmacross in 2008, and to Drogheda, who were in receipt of a diet supplement prior to Donegal and Buncrana in 2009. the introduction of the revised regulations on 1 January 2004 continue to receive their existing My Department has submitted implementation rate of supplement until such time as there is a plans to the decentralisation implementation change in their circumstances which warrant a group, one feature of which is the identification review of their cases. The amount of supplement of the potential risks to the Department’s oper- for new applicants, at \44 for lower-cost diets or ations in completing the decentralisation prog- \57 for higher-cost diets, less one third of the ramme. The Department has extensive experi- applicant’s income or one sixth of the joint ence of decentralisation having already income in the case of a couple, is now based on established decentralised offices in Letterkenny, increased up-to-date diet costs. Sligo, Longford, Waterford and Dundalk. These In order to inform a reappraisal of the scheme, moves were completed with minimum disruption my Department commissioned a study by an to the service of the Department and the experi- expert from the Irish Nutrition and Dietetic ence gained will assist us in the current Institute. The study examined the special diets programme. prescribed in legislation for which assistance is The Department has established a project available through the existing diet supplement board to oversee the process and is taking steps scheme. The study also considered the appro- to mitigate the risks associated with the moves. priate level of assistance required to cater for any These include management of the movement of additional costs involved in providing for neces- staff, adequate training of all staff before the sary special diets, relative to the cost of a normal moves take place, co-ordination of the accommo- healthy eating diet. dation and information technology requirements The findings of this research study have been in a timely manner, and identification of the com- assessed by my Department to determine how the munication strategies required, both during and diet supplement scheme should be developed. after the moves have taken place. Development of a new scheme is complex, as the Early estimates of the costs associated with the expert advice is that certain diet conditions programme were based on a roll-out of the prog- covered under the existing scheme should be ramme over the three-year timeframe and adjusted to reflect the latest medical and dietary included staffing, travel and subsistence, over- thinking, and the increasing availability of the time, furniture, and information technology and standard food products that are suitable for telecommunications costs. These estimates will be people with special dietary needs. refined on an ongoing basis as the longer time- My Department is making arrangements to frame is implemented. Risk mitigation strategies publish the research study. In finalising the associated with the decentralisation programme revised scheme and regulations, I want to make will form part of the general estimated figures. sure that any new supplement coverage and pay- The Department will track the costs associated ment rates put in place continue to enable people with the programme on an ongoing basis. 363 Questions— 2 November 2005. Written Answers 364

Driving Tests. the Department of the Environment, Heritage and Local Government, is set out in the following 397. Mr. J. O’Keeffe asked the Minister for table. That Department is responsible for the Transport the situation regarding reciprocal national vehicle and driver file, which contains recognition of driving licences as between the driver records on which penalty points are Ireland, the United Kingdom, Australia and New recorded. Zealand. [31317/05] Penalty points awarded from 1 October 2004 to 30 September Minister for Transport (Mr. Cullen): Irish driv- 2005 by county ing licence regulations are required to operate within the framework of a harmonised EU County Number of penalty point system. The criteria essential for recognition of notices issued licences from other countries are testing and licensing regimes that meet the requirements of Carlow 1,133 the EU directive and reciprocal recognition of Cavan 1,167 Irish licences. Clare 2,036 A person who holds a driving licence issued by a member state of the European Union or of the Cork 8,230 European economic area, which includes Iceland, Donegal 2,197 Liechtenstein and Norway, is permitted to drive Dublin 28,042 in Ireland for so long as that licence remains Galway 3,820 valid. Where such persons take up normal resi- dence in Ireland, they may exchange their licence Kerry 2,702 for an Irish licence without taking a driving test. Kildare 5,099 In addition, Australia, Isle of Man, Japan, Jer- Kilkenny 1,602 sey, South Africa, South Korea and Switzerland Laois 1,292 are recognised states for the purpose of driving Leitrim 468 licence exchange under the terms of Article 30(7) of the Road Traffic (Licensing of Drivers) Regu- Limerick 3,650 lations 1999. Under these regulations, persons Longford 811 holding a valid driving licence from a recognised Louth 3,895 state may exchange their licence for an Irish driv- Mayo 1,848 ing licence where they take up residence here, without the need for a driving test. However, a Meath 5,081 holder of a New Zealand licence, on taking up Monaghan 1,340 residence here, would be required to obtain an Offaly 1,471 Irish driving licence by undergoing both the Roscommon 1,103 theory and practical tests. Sligo 913 Tipperary 2,980 EU Directives. Waterford 1,814 398. Mr. F. McGrath asked the Minister for Westmeath 1,512 Transport if he will provide an environmental Wexford 3,296 report on pipelines (details supplied) or proposed pipelines along Griffith Avenue, Dublin 9; and if Wicklow 3,321 he will make a statement on the matter. No driver number 18,041 [31438/05] Total 108,864 Minister for Transport (Mr. Cullen): This is a matter for my colleague, the Minister for the Environment, Heritage and Local Government. I Driving Tests. understand any such pipeline would require an environmental impact assessment, EIA, under 400. Ms O. Mitchell asked the Minister for the EIA directives and regulations. Transport the outcome of the conciliation hearing at the Labour Relations Commission in regard to Road Traffic Offences. proposed changes to the driving testing working arrangements held on 21 October 2005; and if he 399. Ms O. Mitchell asked the Minister for will make a statement on the matter. [31345/05] Transport the breakdown of the number of pen- alty points awarded on a county basis in the past Minister for Transport (Mr. Cullen): The con- 12 months; and if he will make a statement on the ciliation hearing has been adjourned until 25 matter. [31657/05] November to allow a detailed examination by both parties of the feasibility of having tests car- Minister for Transport (Mr. Cullen): The infor- ried out by staff redeployed on a short-term basis mation requested by the Deputy, as supplied by from outside the Department of Transport. The 365 Questions— 2 November 2005. Written Answers 366

Department will also explore issues around the Road Traffic Regulations. outsourcing proposal during this period. 403. Mr. Ring asked the Minister for Transport if a national road freight carrier’s licence will be Rail Services. transferred from the licence holder to his nephew or if this person’s nephew’s name will be included 401. Ms O. Mitchell asked the Minister for on the licence; and the procedure for same. Transport the amount in total that was allocated [31388/05] to the DART upgrade programme; the amount that has been drawn down to date; the amounts Minister of State at the Department of Trans- allocated and drawn down in regard to the port (Mr. Callely): A road freight carrier’s licence upgrade works and to the purchase of rolling is non-transferable, except in the case of the stock for this project; and if he will make a state- death or incapacitation of the holder of the ment on the matter. [31346/05] licence, in which case it is transferable for one year only. In the case to which the Deputy refers, Minister for Transport (Mr. Cullen): The both parties could apply for a road freight car- DART upgrade project involved the extension of rier’s licence as a partnership. In that case, the platforms to cater for longer trains, the provision current licence holder would need to surrender of full accessibility, where possible, for mobility the licence held specifically in his name. As a and sensory impaired customers at DART further option, the nephew could apply for a sep- stations, the enhancement of overhead line com- arate licence in his own name. Under the legis- ponents and the insertion of further sub-stations lation, it is not possible to enter additional names along the route. The approved budget for the on an existing licence. project was \176 million. At the end of October, \141.4 million has been drawn down for the pro- ject. The project will be completed, on time, at Driving Tests. the end of this year and I understand from 404. Mr. Neville asked the Minister for Trans- Iarnro´ dE´ ireann that the total cost is now esti- port the details of the recruitment campaign for mated at \165 million. driver testers, including the number of vacancies In addition to the DART upgrade project, a and the number of applicants to date in 2005; total of \70.11 million has been provided from when it is planned to complete interviews and the Exchequer for the purchase of 40 new DART when appointments will commence and be com- railcars. All of this funding has been drawn down. pleted. [31441/05] The railcars are now in use on the DART lines from Greystones and Bray to Howth and Mala- Minister for Transport (Mr. Cullen): The com- hide. With the completion of the DART upgrade petition in question is being managed by the project and the introduction of the new railcars, public appointments service, PAS, to which I the capacity on DART services will have refer the Deputy for more detail. My Department increased by 100% since 2000. has been informed by the PAS that it hopes to schedule the first stage of the recruitment pro- 402. Ms O. Mitchell asked the Minister for cess, a written practical exam, in mid December. Transport if he has received a request for funding The PAS has indicated it hopes to offer successful from the Railway Procurement Agency to facili- candidates offers of appointment, on completion tate the provision of increased carriage on exist- of all the stages of recruitment, by April 2006. ing Luas line services; if so, the amount sought; if There are ten driver tester vacancies within my this funding will be forthcoming from his Depart- Department. ment; and if he will make a statement on the matter. [31372/05] State Airports. 405. Mr. Gormley asked the Minister for Trans- Minister for Transport (Mr. Cullen): Responsi- port the number to date in 2005 of passengers bility for the development of specific proposals travelling through Shannon Airport; the number for the expansion of Luas services lies with the of these passengers who were on transatlantic Railway Procurement Agency, RPA. My Depart- journeys; the number which were United States ment is discussing proposals for a capacity troops; and if he will make a statement on the enhancement programme on the Tallaght Luas matter. [31472/05] line with the RPA. An outline business case for this programme has been approved by the board Minister for Transport (Mr. Cullen): Dublin of the RPA and submitted to my Department. Airport Authority has supplied the figures Financial provision has been made for this capa- requested by the Deputy for Shannon Airport city enhancement of the Luas network in Trans- from 1 January to 30 September 2005. Total pass- port 21, the capital investment framework engers at Shannon Airport numbered 2,504,357. announced yesterday. Of these 547,836 were transatlantic terminal pass- 367 Questions— 2 November 2005. Written Answers 368

[Mr. Cullen.] Rail Services. engers and 493,079 were transatlantic transit pass- 408. Mr. Sargent asked the Minister for Trans- engers. The latter figure includes 234,852 United port his views on the call from the communities States troops. The figures for October 2005 were of Donabate and Portrane for the proposed not available when this reply was prepared. metro via Dublin Airport and Swords to be extended to Donabate in order to allow connec- Public Transport. tions with the Dublin-Belfast rail service (details 406. Ms Shortall asked the Minister for Trans- supplied). [31735/05] port further to Parliamentary Question No. 88 of 19 October 2005, if he will provide a further Minister for Transport (Mr. Cullen): The trans- breakdown of the spending on integrated ticket- port investment framework announced yesterday ing under each of the three categories mentioned includes a provision for a metro line from the city in his reply, with particular reference to the centre to Swords via Dublin Airport. This does amount spent on market research; the reason the not include an extension to Donabate, nor was procurement procedure proved inconclusive; such a link envisaged in the Dublin Transpor- when he expects integrated ticketing to be pro- tation Office’s strategy, A Platform for Change. vided to the public; and if he will make a state- It is intended that the metro line will terminate ment on the matter. [31519/05] north of Swords at Lissenhall. However, there is a major park and ride site planned at the terminus, Minister for Transport (Mr. Cullen): Statutory which will benefit people from Donabate, Por- responsibility for the delivery of a multi-operator trane and other areas of north Dublin, Meath and system of integrated ticketing rests with the Rail- Louth travelling to the airport or onwards to the way Procurement Agency, RPA. The agency has city centre. It will be possible to park at the ter- advised my Department that the \8.5 million minus and take the metro line to the airport or spent to date on the integrated ticketing project onwards to the city centre. The metro journey comprises RPA costs, \4.166 million; systems time from the terminus to the airport will be less design and developments, \2.582 million; oper- than ten minutes. The journey time from the air- ator equipment contribution, \916,000; other port to the city centre will be less than 20 minutes. third-party professional fees, \668,000; marketing and branding, \129,000; and market research, Road Traffic Regulations. \75,000. 409. Ms Shortall asked the Minister for Trans- Earlier this year, the RPA informed my port further to Parliamentary Question No. 42 of Department that arising from a procurement pro- 12 May 2005, the progress made in agreeing cedure for the selection of an integrated ticketing measures on the retrofitting of blind spot mirrors provider and operator, a procedure that was to existing heavy goods vehicles; if he has pre- undertaken in accordance with European public pared legislation in this regard; if so, when same procurement directives, no solution appropriate will be published; the response he has had from for integrated ticketing in this State emerged. Fol- the IRHA, SIMI and other representative groups; lowing this inconclusive procurement procedure, if he has received the approval of the European the RPA commenced work on a revised procure- Commission; the position regarding the matter ment strategy and has submitted a draft to my with that body; and the target date for the com- Department. The finalisation of that procurement mencement of statutory obligations in this strategy is being assisted by an informal tripartite regard. [31738/05] group representing the RPA, Dublin Bus and my Department. The work of the group will assist the RPA in determining a revised target implemen- Minister of State at the Department of Trans- tation timescale for the phased roll-out of inte- port (Mr. Callely): My Department has been advised by the European Commission that the grated ticketing. question of a Community initiative in regard to retrofitting existing heavy goods vehicles, HGVs, Driving Tests. with mirrors systems to address the issue of blind stops is being considered by it in the context of 407. Mr. Wall asked the Minister for Transport its mid-term review of the European road safety when a person (details supplied) in County action plan 2001-10. I must await the outcome of Kildare will receive a driving test date; and if he the Commission’s consideration of this matter will make a statement on the matter. [31723/05] before proceeding further on the development of national legislation in this area. However, I pro- Minister for Transport (Mr. Cullen): An appli- pose to ask the Commission to be as supportive cation for a driving test was only recently as possible of a retrofit initiative in respect of this received from the person concerned. Relevant particular area of concern. documentary evidence should be submitted if an Earlier this year, I wrote to the Irish Road urgent driving test is required. Haulage Association, IRHA, the Society of the 369 Questions— 2 November 2005. Written Answers 370

Irish Motor Industry, SIMI, and the Irish Busi- Transport the number and value of contracts ness and Employers Confederation, IBEC, awarded for public relations projects by his requesting them to consider the introduction of Department since December 2004. [31751/05] measures in their spheres of control so that exist- ing vehicles will be retrofitted with necessary mir- Minister for Transport (Mr. Cullen): My rors or indirect vision devices and that, in Department has not awarded any contract for advance of the 26 January 2007 deadline, all new public relations projects since December 2004. HGVs being put on the market will meet the higher standards in regard to the fields of vision of drivers. The IRHA responded positively indi- Ministerial Staff. cating that for the past number of years it has actively encouraged its members to fit convex 411. Mr. P. McGrath asked the Minister for mirrors to their vehicles and to request these on Transport the number of civil servants and other their new vehicles. In this regard, the IRHA staff employed in his constituency office; and the informed me that they wrote to the main grade and remuneration of each. [31766/05] importers of HGVs requesting the fitting of these mirrors as standard equipment. Minister for Transport (Mr. Cullen): The fol- lowing tables provide the information requested. Public Relations Contracts. The salary costs are based on current salary 410. Mr. P. McGrath asked the Minister for scales.

Office Total staff Grade or job title Salary scale cost per annum

\

Constituency office 1 Personal assistant 40,543-51,463 Constituency office 1 Personal administrative assistant 40,543-51,463 Constituency office 1 Personal secretary 20,187-38,948 Constituency office 1 Staff officer 32,028-42,761

indicated, the amount indicates that the project Consultancy Contracts. has come to fruition. 412. Mr. P. McGrath asked the Minister for Transport the number and value of contracts Ministerial Staff. awarded to outside consultants by his Depart- 413. Mr. P. McGrath asked the Minister for ment in each of the past five years; the details of Transport the number of civil servants and other the contracts involved; and if these projects have staff in his press office; and the grade and reached fruition. [31781/05] remuneration of each staff member. [31796/05]

Minister for Transport (Mr. Cullen): I refer the Minister for Transport (Mr. Cullen): The fol- Deputy to my response to Question No. 337 of 12 lowing tables provide the information requested October 2005 in regard to consultancy contracts by the Deputy. The salary costs are based on cur- awarded by my Department. Unless otherwise rent salary scales.

Office Total staff Grade or job title Salary scale cost per annum

\

Press office 1 Press officer, ministerial appointment 75,036-92,813 Press office 1 Higher executive officer 42,676-54,173 Press office 2 Clerical officer 21,245-34,448

Road Network. improvement projects, including the Dublin Port tunnel, is a matter for the National Roads Auth- 414. Mr. Costello asked the Minister for Trans- ority, NRA, and the local authorities concerned. port the amount that has been spent on the I am informed by the NRA that expenditure on Dublin Port tunnel planning and construction to the Dublin Port tunnel project to date is date in 2005; if he will itemise the main areas of \653,066,676. The overall project budget is \751 expenditure; and if he will make a statement on million. The main area of expenditure on the pro- the matter. [31857/05] ject has been the construction work, with the main design and construct contract, awarded to Minister for Transport (Mr. Cullen): The plan- Nishimatsu-Mowlem-Irishenco, being the single ning, design and implementation of national road largest item. The next most significant item of 371 Questions— 2 November 2005. Written Answers 372

[Mr. Cullen.] Minister for Transport (Mr. Cullen): Iarnro´ d expenditure has been the cost of acquisition of E´ ireann is at planning and design stage of a pro- property required for the tunnel project. The ject which involves a major signalling upgrade in final estimated cost of this aspect is \67 million. the city centre area. The company proposes to Good progress continues to be made on the increase the number of train paths through the construction of the tunnel. The civil engineering city centre from the current maximum of 12 per work within the tunnels has been largely com- direction per hour to 16 per direction per hour. I pleted and the main focus of work has shifted to expect Iarnro´ dE´ ireann to place specific pro- the installation of the mechanical and electrical posals before me shortly for this work. systems which make up the safety and control features of the project. I understand from the EU Directives. NRA that the tunnel is expected to be open to traffic by mid-2006. 418. Cecilia Keaveney asked the Minister for Transport the decibel level permitted for vehicle Rail Services. exhausts to prevent noise pollution; the measures in place to address this issue; and if he will make 415. Ms O. Mitchell asked the Minister for a statement on the matter. [32026/05] Transport if a public sector benchmark has been prepared in respect of a PPP metro project; and Minister of State at the Department of Trans- if so, the result of same. [31894/05] port (Mr. Callely): It is a requirement for the registration and entry into service of new motor Minister for Transport (Mr. Cullen): A public vehicles in the European Union that they have sector benchmark has not yet been prepared for type-approval in accordance with Directive the PPP metro. This will, however, form part of 70/157/EEC as amended by Directive the work during the next phase of project 1999/101/EC, which sets down the permissible development and will be completed in accord- sound levels and exhaust systems for motor ance with guidelines published by the Depart- vehicles. Vehicle in-service standards are speci- ment of Finance. fied in the Road Traffic (Construction, Equip- ment and Use of Vehicles) Regulations 1963 Decentralisation Programme. which requires vehicles to be fitted with a silencer 416. Ms C. Murphy asked the Minister for or other device that is suitable and sufficient for Transport the issues that have arisen following reducing to a reasonable level the noise caused the risk analysis being conducted on his Depart- by the escape of exhaust gases from the engine. ment’s decentralisation programme; the way in Article 85 of these regulations prohibits the use in which it is intended to address these issues; the a public place of a vehicle which causes excessive projected cost of resolving these issues; the over- noise; in this respect the article does not specify all cost of his Department’s decentralisation decibel levels. programme; and if he will make a statement on An examination of the silencer to assess its the matter. [31977/05] effectiveness in reducing noise is part of the NCT and the roadworthiness test carried out on com- Minister for Transport (Mr. Cullen): Under the mercial vehicles. It is an offence to use in a public decentralisation programme, 50 transport posts place a vehicle which causes excessive noise. are due to transfer to Loughrea. These comprised Enforcement of the law in this regard is a matter posts in my Department and in the National for the Garda Sı´ocha´na. Safety Council. Many of these will now be in the Road Safety Authority and revised implemen- Dublin Port Tunnel. tation plans are being prepared on this basis. Much of the detail of our original implementation 419. Mr. F. McGrath asked the Minister for plan will therefore be reviewed in light of the Transport if there was an incident at areas 3,000, establishment of the Road Safety Authority. 4,000 and 1,950 in the Dublin Port tunnel Costs associated with the decentralisation prog- recently, where water was flooding the areas and ramme will therefore also fall to be reviewed. a ceiling fell down; and if he will make a state- ment on the matter. [32053/05]

Rail Services. Minister for Transport (Mr. Cullen): The plan- 417. Ms C. Murphy asked the Minister for ning, design and implementation, including the Transport when signalling constraints that exist supervision of construction, of national road between Connolly and Tara Street stations will improvement projects, including the Dublin Port be overcome; the number of additional trains this tunnel, is a matter for the National Roads Auth- route will be able to accommodate each day fol- ority, NRA, and the local authority concerned. I lowing completion of the works; and if he will am informed by Dublin City Council that as with make a statement on the matter. [32009/05] construction of any tunnel, under a 20m head of 373 Questions— 2 November 2005. Written Answers 374 ground water, some minor initial entry of water Rural Social Scheme. is anticipated. I understand at the following 420. Mr. Ring asked the Minister for Com- locations; vehicle cross passages, chainage 3,000 munity, Rural and Gaeltacht Affairs the number m and 4,000 m, and the tunnel boring machine of persons to date in 2005 on a county basis who turn shaft head wall, at chainage 1,900 m, such entry of water has been encountered. have applied for the rural social scheme; the Dublin City Council inform me that the con- numbers who were accepted and refused; the tractor has in place a sequence of preventative costs of this scheme to date in 2005; and if he will grouting, to seal off these ground water paths. No make a statement on the matter. [31389/05] flooding has or is occurring, nor have there been any ceiling falls. Where voids are detected, in the Minister for Community, Rural and Gaeltacht crown of any concrete closure pours, these are to Affairs (E´ amon O´ Cuı´v): The number of rural be dealt with by specialist grouting subcon- social scheme applications received by the imple- tracting firms. I understand these works are rou- menting bodies in 2005 per county, along with tine quality control activities, as part of the com- details of places offered and applications refused, pletion of the main civil works. is shown in the following table.

County No. of Applications No. of such No. of such Applications No. of such Applications Received in 2005 Applications where a where a place was offered refused/ineligible place was offered and but not taken taken

Carlow 58 14 9 35 Cavan 86 51 22 13 Clare 30 24 2 4 Cork 284 93 45 146 Donegal 136 98 8 30 Dublin 0 0 0 0 Galway 79 66 5 8 Kerry 138 94 23 21 Kildare 14 8 4 2 Kilkenny 18 14 1 3 Laois 19 14 2 3 Leitrim 21 14 0 7 Limerick 62 28 7 27 Longford 51 39 8 4 Louth 11 6 5 0 Mayo 519 311 30 178 Meath 8 8 0 0 Monaghan 57 21 32 4 Offaly 47 33 9 5 Roscommon 43 27 0 16 Sligo 99 70 5 24 Tipperary 55 39 8 8 Waterford 16 10 1 5 Westmeath 46 30 1 15 Wexford 32 19 0 13 Wicklow 14 11 1 2

TOTALS 1,943 1,142 228 573

The estimated cost of the rural social scheme in waterways between Belturbet and Killykeen; if 2005 is \24.8 million. this waterway is affected in the same way as the Ulster Canal by the failure to set up the Inland Waterways. Assembly in Belfast and the cross-Border links; if it is not so affected, would it not be a project 421. Mr. Crawford asked the Minister for Com- where the spare funds that have been sent back munity, Rural and Gaeltacht Affairs the progress by his Department will be utilised in a construc- which is being made towards opening up the tive and progressive way to improve tourism in 375 Questions— 2 November 2005. Written Answers 376

[Mr. Crawford.] Carrach i la´thair na huaire agus go bhfuil fostaı´- the Belturbet area; and if he will make a state- ocht iomla´n de 24 post i gceist iontu mar ata´ le´iri- ment on the matter. [31477/05] the sa ta´bla seo a leanas:

Minister for Community, Rural and Gaeltacht Comhlacht Carbhait Cora Dermalogics Teo. Affairs (E´ amon O´ Cuı´v): Waterways Ireland is Teo. Tine one of the six North-South implementation Teo. bodies established in 1999 under the British-Irish Agreement Act. It has responsibility for the man- Lı´on post 3 17 4 agement, maintenance and development of inland waterways, principally for recreational Nı´l aon ghno´ lonnaithe san fhoirgneamh ar an purposes. gCaiseal i nGort an Choirce san am i la´thair. The extension of the Erne navigation to Killy- Ta´ iarrachtaı´ leanu´ nacha ar siu´ laganU´ dara´s keen is not included in the National Development chun deiseanna fostaı´ochta a fhorbairt in iar- Plan 2000-2006 and Waterways Ireland advises thuaisceart Dhu´ n na nGall, chomh maith le me that it has no plans to extend this stretch of bheith ag dı´riu´ ar pha´irc ghno´ Ghaoth Dobhair. canal at present. Clearly, in the context of the Sa chomhthe´acs sin, nuair ata´ prı´omhaithe nua a´ current suspension of the institutions in Northern dtabhairt ar chamchuairt suı´omh i nGaeltacht Ireland, Waterways Ireland is continuing to work Dhu´ n na nGall, tuigim go gcuirtear an Fa´l Car- at present on a care and maintenance basis. However, I have been informed by the body that rach, Gort an Choirce agus ceantair eile san a´ire- it proposes to begin to collate all existing studies amh freisin. relating to the Killykeen proposal before the end of the year. This should provide a useful set of Security of the Elderly. background information to allow further studies 424. Dr. Upton asked the Minister for Com- to be undertaken on the feasibility and desir- ability of the proposal. munity, Rural and Gaeltacht Affairs if he will With regard to the underspend to which the review the structures for the award of grants to Deputy refers, this arose primarily due to the sus- ER community groups (details supplied) for pro- pension of the institutions in Northern Ireland vision of security devices; and if he will make a and the subsequent and related deferral of the statement on the matter. [31651/05] building of the Waterways Ireland headquarters in Enniskillen, which is now due to commence in Minister of State at the Department of Com- 2006. In the event of an underspend under any munity, Rural and Gaeltacht Affairs (Mr. N. heading, the money is either re-allocated to other Ahern): The experience of the operation of the projects within the Vote or surrendered to the scheme of community support for older people in Exchequer. In the case of deferral, a further pro- 2005 will be borne in mind when finalising the vision is re-entered in the Vote the following operational details of the scheme for 2006. year. However, it is worth pointing out that I have recently approved the first tranche of funding to some 100 applicant groups, which has enabled Fostaı´ocht Gaeltachta. earlier payments than in previous years. Assess- 422. D’fhiafraigh Mr. McGinley den Aire Gno´ - ment of the remaining applications is in progress thaı´ Pobail, Tuaithe agus Gaeltachta cad iad na and further approvals and payments will be noti- hiarrachtaı´ ata´ a´ nde´anamh le tionscal a lonnu´ ar fied to eligible applicant groups over the coming an Chaiseal i nGort an Choirce i nDu´ n na nGall weeks. agus an nde´anfaidh se´ ra´iteas ina thaobh. [31544/05] Consultancy Contracts. 423. D’fhiafraigh Mr. McGinley den Aire Gno´ - 425. Mr. P. McGrath asked the Minister for thaı´ Pobail, Tuaithe agus Gaeltachta cad iad na Community, Rural and Gaeltacht Affairs the tionscail ata´ lonnaithe ar an Fha´l Carrach i nDu´ n number and value of contracts awarded for public na nGall, cad e´ an lı´on daoine ata´ fostaithe i relations projects by his Department since ngach ceann acu agus an bhfuil pleananna ann le December 2004. [31752/05] monarchana u´ ra a bhunu´ no´ breis fostaı´ochta a chruthu´ . [31548/05] 427. Mr. P. McGrath asked the Minister for Community, Rural and Gaeltacht Affairs the Minister for Community, Rural and Gaeltacht number and value of contracts awarded to out- ´ ´ Affairs (Eamon O Cuı´v): To´ gfaidh me´ Ceiste- side consultants by his Department in each of the anna Uimh. 422 agus 423 le che´ile. past five years; the details of the contracts Tuigim o´ U´ dara´s na Gaeltachta go bhfuil trı´ involved; and if these projects have reached chomhlacht lonnaithe ar an easta´t ar an bhFa´l fruition. [31782/05] 377 Questions— 2 November 2005. Written Answers 378

Minister for Community, Rural and Gaeltacht culture and Food in 2002 and tender docu- Affairs (E´ amon O´ Cuı´v): I propose to take Ques- mentation assumed that the substantial IT infra- tions Nos. 425 and 427 together. structure and staffing supports of that The number and value of contracts awarded to Department, along with software licenses it held, outside consultants, including those awarded for would support the project. public relations projects, by my Department since However, the new Department of Community, its establishment in June 2002 are set out in the Rural and Gaeltacht Affairs to which the rural table. Completed projects are indicated by an development programmes transferred from mid- asterisk. This largely reflects material provided in 2002 does not have a major IT function or com- reply to Question No. 344 on 12 October 2005. parable delivery capability nor did it hold the rel- However, a number of contracts were inadver- evant application server licences. In addition, sig- tently omitted from the appendix to the reply on nificant enhancements, including an audit 12 October 2005. Most of these had in fact module, were required. Hence fundamental and already being previously notified to this House extensive re-negotiations with the provider were and all these contracts are included in the table. required. Nevertheless it is more appropriate to For completeness of information I also draw regard the two processes — the initial tendering attention to the contract for the development of and subsequent re-negotiating — as coming an information system to support the admini- within a single contract rather than two separate stration of Leader+ and NRDP programmes. This contracts, as had previously been described in contract was initiated by the Department of Agri- reply to Question No. 344 on 12 October 2005.

Contracts awarded to outside consultants each year since June 2002.

Recipient of the contract in Details of the work covered by the The original estimate The final amount paid in each case contract of the cost of the respect of each such contract \ (Incl contract \ (Incl VAT) VAT)

2002 C.H.L. Consulting Co. Ltd * Desktop Evaluation \1,210.00 \1,210.00 Transition Management * Working Group on Creation of \10,637.49 \10,637.49 Employment in Gaeltacht An tOllamh Mı´chea´lO´ Review of submissions received in \5,000.00 N/A (Report received, Cinne´ide, NUIG * response to public consultation process invoice outstanding) on review of powers and functions of U´ dara´s na Gaeltachta Systems Dynamics Development of Information System to \192,024 \334,570.15 paid to date. support administration of LEADER+ Estimated completion and National Rural Development date December 2005 Programmes. IBM* Provision of assistance in the specification \112,530 \112,530 and selection of a new Gaeltacht and Islands Client Database in 2002 NIRSA (National Institute for Review of CLA´ R areas and preparation \4,840.00 \4,840.00 Regional and Spatial of revised set of maps of areas eligible Analysis), NUI, for CLA´ R programme Maynooth.* Goodbody Economic Review of statutory funding of the \28,738.00 \28,738.00 Consultants * Community & Voluntary sector to assist the Dormant Accounts Fund Disbursements Board in carrying out its functions. Note: This consultancy project was commissioned by the then Department of Social, Community & Family Affairs (SCFA) in May 2002. Responsibility transferred to the Department of Community, Rural & Gaeltacht Affairs (CRGA) in June 2002. First 2 payments totalling \22,990 were made by SCFA and final payment of \5,748 was made by D/CRGA. Deloitte & Touche* Provision of assistance in the specification \117,250.00 \117,250.00 and selection of a new financial management system for the Department. Nexus Research Completion of the evaluation of the The value of the \72,600 379 Questions— 2 November 2005. Written Answers 380

[E´ amon O´ Cuı´v.]

Recipient of the contract in Details of the work covered by the The original estimate The final amount paid in each case contract of the cost of the respect of each such contract \ (Incl contract \ (Incl VAT) VAT) Cooperative* Community Development programme contract offered by commissioned originally by the the Department of Department of Social Community & Social, Community Family Affairs and Family Affairs was \79,675 Deloitte & Touche* Provision of professional accounting \74,004.00 \71,513.00 service between June 2002 and October 2003. Peter Coyne & Co. Chartered Provision of professional accounting \4,840.00 \4,840.00 Accountants, Aengus advice regarding tenders for Aran House, The Docks , Islands air service. Galway * Achilles, Procurement Provision of procurement advice in \756.25 \756.25 Services, I Harmsworth, relation to the award of ferry services Greenmount Office Park, contracts. Harolds Cross, Dublin 6W * Montague Communications* Provision of Public Relations & Event \139,150.00 to end \150,671.14 to date Management services to the National 2004 and per event Advisory Committee on Drugs in 2005. New contract being drawn up at present. 2003 Bearing Point * Implementation of Peoplesoft Human \148,350.84 \151,944.54 . The extra Resources system for the Department cost arose from additional training required Quest Computing Development of a Gaeltacht & Islands \323,776.64 + \358,923.37 to date Client Database vouched Travel including travel Expenses at civil expenses. An additional service rates cost of \50,000 was approved for this contract for interfaces to the JDE Edwards financial system . The costs were not included in the original contract as the Department had not selected the financial system at that stage. SRL * Implementation of JD Edwards Financial \856,056 \821,373.87 Management system Core* Implementation of Travel & Subsistence \29,958,92 \29,958.92 module of Financial Management system Nexus Research To develop a data collection software \69,962.20 plus \450 2003 \36,468.66 2004 Cooperative* package (SPEAK) for the Community per day, (on a \63,345.57 2005 Development Programme and to needs basis), for \1,415.70 Total provide support and training to projects technical support Payments to date — funded under the Programme for project \101,229.93 implementation. NIRSA (National Institute for Preparation of further detailed maps of \1,325.00 \1,325.00 Regional and Spatial CLA´ R areas. Analysis), NUI, Maynooth.* DKM Consultants Davy Review and analysis of proposed Grant \18,045.00 \17,818.00 House, Dawson Street, Aid Development of Cargo Apron at Dublin 2.* Knock Regional Airport under the CLA´ R programme. Fitzpatrick Associates * Review of Enterprise Support in Rural \76,351.00 \76,351.00 Areas Oonagh Breen * Specialist advice in relation to charity law \6,500.00 \6,500.00 Arthur Cox * Legal research and assistance concerning \65,000.00 \64,850.34 charities regulation 381 Questions— 2 November 2005. Written Answers 382

Recipient of the contract in Details of the work covered by the The original estimate The final amount paid in each case contract of the cost of the respect of each such contract \ (Incl contract \ (Incl VAT) VAT)

Price Waterhouse Coopers* Systems Audit of Waterways Ireland \6,500.00 \5,505.50

Institute of Public Review of Internal Audit Function as \10,890.00 \10,890.00 Administration* required under Mullarkey Report

Goodbody Economic To assess all applications which were \34,183.00 \34,183.00 Consultants * received under the funding scheme to support the role of Federations, Networks and Umbrella Bodies in the Community and Voluntary sector

Colgan & Associates* To assess all applications which were \25,168.00 \25,168.00 received under the funding scheme to provide training and supports in the Community and Voluntary Sector

Deloitte & Touche* Provision of advice and support in the \167,312.00 \288,838.00 The extra cost areas of project management, quality arose from a decision to assurance, business process redesign, extend the scope of the user acceptance testing, change and risk contract to provide full- management and post go-live support in time support and relation to the implementation of a new knowledge transfer to financial management system in the departmental personnel, Department. post go-live.

Farrell Grant Sparks * Review of property and equity portfolio \83,883.25 \83,883.25 of U´ dara´s na Gaeltachta

Fitzpatrick Associates in Mid-term evaluation of the LEADER+ \100,370 \100,370 conjunction with Brendan Community Initiative. Kearney Associates Ltd *

Indecon Consultants * Review of Area Development \99,558.80 \99,558.80 Management Ltd.

Achilles, Procurement Provision of procurement advice in \605.00 \605.00 Services, I Harmsworth, relation to Long Island ferry service Greenmount Office Park, Harolds Cross, Dublin 6W *

Malachy Walsh & Partners / To carry out a study of transport service \86,946.97 excluding \95,641.66 including Raymond Burke requirements of a number of offshore expenses expenses Consulting, c/o Park House, islands. 21 Denny Street, Tralee, Co Kerry*

Peter Coyne & Co. Chartered Provision of professional accounting \1.089.00 \1,089.00 Accountants, Aengus advice relating to Aran Islands air House, The Docks , service contract. Galway *

Peter Coyne & Co. Chartered Provision of professional accounting \399.00 \399.00 Accountants, Aengus advice in relation to Aran Islands cargo House, The Docks , contract. Galway *

Achilles, Procurement Provision of procurement advice in \5,445.00 \5,445.00 Services, I Harmsworth, relation to the award of ferry study Greenmount Office Park, contract Harolds Cross, Dublin 6W *

Achilles, Procurement Provision of procurement advice in \1,815.00 \1,815.00 Services, I Harmsworth, relation to linguistic study Greenmount Office Park, Harolds Cross, Dublin 6W *

Lovegrove & Associates Advisor to the Dormant Accounts Fund \79,860.00 \71,148.00 to date Disbursements Board

N.U.I. Galway Evaluation of National Drugs Awareness \72,600.00 \42,350.00 to date Campaign 383 Questions— 2 November 2005. Written Answers 384

[E´ amon O´ Cuı´v.]

Recipient of the contract in Details of the work covered by the The original estimate The final amount paid in each case contract of the cost of the respect of each such contract \ (Incl contract \ (Incl VAT) VAT)

2004 Environmental Resources Assess Cohesion Schemes and Integrated \8,729.61 \17,459.22 Includes Management* Target Plans for Social Inclusion from related work additional County/City Development Boards in to that envisaged in 2004 original contract. Law Reform Commission * Specialist legal research, public \35,000.00 \35,000.00 consultation and recommendations concerning charitable trust law reform Dermot V.Cahill* Core information on Irish Sectoral \6,500.00 \6,500.00 Regulators (comparative research to inform work on charities regulator) Mazars Audit of Foras na Gaeilge \26,317.50 \17,407.25 Ongoing A&L Goodbody* Legal advice connected with a Community Not exceed \5,000 \4,077.70 Development Programme tendering process Undertaken in 2004 Deloitte & Touche* Provision of professional accounting \17,185.00 \13,096.00 service in February/March 2004. Deloitte & Touche* Development of the Department’s ICT \103,280 \103,280 Strategy Farrell Grant Sparks* Desktop Review \1,815.00 \1,815.00 Sinead O’Connor* Provision of Research and Development \35,000 \35,000 support to Comhairle na Tuaithe from 28/6/04 to 31/12/04. Bluett Conran* Review of Capital Appraisal Procedures \6,050.00 \6,050.00 in Department Tipperary Institute Provision of Network Services for \1,179,580 \643,783 paid to date. LEADER+ Community Initiative Saltire Management Ltd, Consultancy on aspects of ferry and air \77,924.00 \106,889.25 paid to date. Victoria House, East services for certain islands The extra costs arose Blackhall St., Greenhock, from a decision to United Kingdom.* extend the scope of the contract to provide for additional reporting, inspection and advisory requirements. Contract completed and final invoice awaited. Peter Coyne & Co. Chartered Examination of accounts for Aran Islands \605.00 \605.00 Accountants, Aengus Cargo Tenders House, The Docks , Galway* Irish Productivity Centre Job Analysis and Process Mapping skills \22,900 \10,450.00 Ongoing. (IPC)/IPC Associates , to staff of the Department. Completion envisaged Rockenham House, Passage in early 2006 West, Cork Oonagh Breen* External report on the public consultation \15,000.00 \15,000.00 about charities regulation Acadamh na hOllscolaı´ochta Linguistic study of the use of Irish in the \550,223.00 \321,494 paid to date. Gaeilge Gaeltacht as a means of strengthening The study is not the linguistic development of the scheduled for Gaeltacht as an Irish-speaking area and completion until as a basis for a review of the official September 2006 Gaeltacht areas Goodbody Economic Expenditure Review of the Local Drugs \79,618.00 \79,618.50 Consultants* Task Forces P.A. Consulting* Mid Term Review of the National Drugs \67,397.00 Plus \74,431.34 Strategy vouched expenses Achilles Procurement Quality assessment of Mid Term Review \2,117.50 \2,117.50 Service* of the National Drugs Strategy Talbot Associates* Review of the National Advisory \47,341.25 plus \47,877.52 Committee on Drugs vouched expenses QE5* Evaluation of Coolamber Residential \13,425.00 \13,425.00 Rehabilitation Programme 385 Questions— 2 November 2005. Written Answers 386

Recipient of the contract in Details of the work covered by the The original estimate The final amount paid in each case contract of the cost of the respect of each such contract \ (Incl contract \ (Incl VAT) VAT)

2005 Environmental Resources Assess Cohesion Schemes, Integrated \30,250.00 \10,083.33 to date. Management Target Plans and Volunteering Measures for Social Inclusion from County/City Development Boards in 2005. NIRSA (National Institute for Analysis of 2002 population census data \3,248.85 Ongoing Regional and Spatial Analysis), NUI, Maynooth. Brendan Kearney and Preparation of a brief background report \6,050.00 \6,050.00 Associates * to assist in ongoing work relating to updating the White Paper on Rural Development Deloitte and Touche Decentralisation Risk Exercise The cost of the No payment made yet. consultancy will be Contract placed in \41,454.60. September 2005. Mary Higgins, Management Provision of an research on the \5,102.00 \5,102.00 Consultant * development of support framework for philanthropy in Ireland Indecon Consultancy on the White Paper on a \94,234.00 No payment to date Framework for Supporting Voluntary Activity RSM Robson Rhodes* Verification checks of once-off grants \34,787.00 Completed 2005.No made under the 2004 programme of payment made to date grants to locally based community and voluntary organisations RSM Robson Rhodes* To revisit some of the groups for \4,840 Completed 2005.No verification purposes payment made to date A & L Goodbody Solicitors* Review of Public Procurement Procedures \3,513.92 \3,513.92 in relation to certain projects Fitzpatrick Associates in Mid-term evaluation of the LEADER+ \63,812 \42,541 paid to date. conjunction with Brendan Community Initiative. Kearney Associates Ltd. Sinead O’Connor* Provision of Research and Development \17,500 \17,500 support to Comhairle na Tuaithe from 1/3/05 to 31/5/05. Tom Healy, Chartered Supervision of the construction work on \64,389.12 No payment yet. Consulting Engineer, Inishboffin airstrip. Railway View, Clifden, Co Galway. Malachy Walsh & Partners / To review a study conducted in 1999 in \21,489.60 excluding \25,676.43 including Mc Clure Watters, c/o Park respect of the proposed cablecar link expenses and expenses and printing House, 21 Denny Street, between Inishbiggle and Achill Island, printing costs. costs. Tralee, Co Kerry.* Co Mayo. Brendan Kearney & To review the operation of the Rural \6,050 + travel and No payment made yet Associates* Development Fund incorporating stand- subsistence alone evaluations of a number of expenses at civil projects supported by the Fund. service rates Mr. Patrick Commins Consultancy on support for micro- \3,812 + travel and No payment made yet enterprises in rural areas subsistence expenses at civil service rates Goodbody Economic Evaluation of Pilot Cocaine Projects \45,012.00 \22,506.00 to date Consultants Brendan Lynch Economic Evaluation of Local Drugs Task Forces \1,300.00 \1,300.00 Consultant* Expenditure Review Kate Ennals & Associates Evaluation of the Community Research \22,640.00 \10,000.00 to date Grants Scheme

Ministerial Staff. in his constituency office; and the grade and remuneration of each. [31767/05] 426. Mr. P. McGrath asked the Minister for Community, Rural and Gaeltacht Affairs the Minister for Community, Rural and Gaeltacht number of civil servants and other staff employed Affairs (E´ amon O´ Cuı´v): There are four staff 387 Questions— 2 November 2005. Written Answers 388

´ ´ [Eamon O Cuı´v.] entitled Sce´im na bhFoghlaimeoirı´ Gaeilge. The members employed in my constituency office, as object of this scheme is to provide grant assist- follows: one personal assistant on the higher ance for Gaeltacht households who provide suit- executive officer pre-1995 standard scale — able accommodation for students attending \40,543 to \51,463; one executive officer on an recognised Irish courses in the Gaeltacht. The off-scale point of the pre-1995 EO standard scale Irish colleges themselves are approved and — \26,618 to \42,238; one clerical officer on the inspected by the Department of Education and pre-1995 CO standard scale — \20,181 to Science. \32,728; and one clerical officer on the post-1995 My Department has been in contact with the \ \ CO standard scale — 21,245 to 34,448. Department of Education and Science, which will investigate aspects of the complaint concerning Question No. 427 answered with Question the college and will reply to the parents regarding No. 425. those matters. My Department will also follow up on those aspects of the complaint that come 428. Mr. P. McGrath asked the Minister for within its remit and a reply in this regard will be Community, Rural and Gaeltacht Affairs the sent to the parents as soon as possible. number of civil servants and other staff in his press office; and the grade and remuneration of each staff member. [31797/05] . 430. Mr. O’Shea asked the Minister for Com- Minister for Community, Rural and Gaeltacht munity, Rural and Gaeltacht Affairs, further to Affairs (E´ amon O´ Cuı´v): Five staff are employed Questions Nos. 94 and 129 of 26 October 2005, in my Department’s press and information office his views on the need for the provision of a clear as follows: one media adviser on the pre-1995 statement on the part of the Government on the \ principal officer standard salary scale — 75,036 Irish language and its importance before the end \ to 92,813; one administrative officer on the post- of 2005; and if he will make a statement on the \ 1995 AO standard salary scale — 30,593 to matter. [31940/05] \54,173; one executive officer on the post-1995 \ \ EO standard salary scale — 28,021 to 44,458; Minister for Community, Rural and Gaeltacht one clerical officer on the pre-1995 CO standard Affairs (E´ amon O´ Cuı´v): As the Deputy is aware scale — \20,181 to \32,728 — this officer is a 50% from my reply to the questions referred to, the job sharer and is being paid at half rate; and one need for the provision of a clear statement on the clerical officer on the post-1995 CO standard part of the Government regarding the Irish langu- scale — \21,245 to \34,448. age and its importance as a whole has emerged The administrative officer, executive officer as a key issue in the deliberations of Fo´ ram na and two clerical officers are established civil ser- Gaeilge. As I have already stated, I hope to be in vants. The role of the press and information a position to elaborate further on this issue in the office is to provide a bilingual information service near future. to public, media, internal and professional customers. This entails both replying to queries and proactively publicising the work of the Decentralisation Programme. Department of Community, Rural and Gael- 431. Ms C. Murphy asked the Minister for tacht Affairs. Community, Rural and Gaeltacht Affairs the issues which have arisen following the risk analy- Departmental Correspondence. sis being conducted on his Department’s decen- 429. Mr. Gormley asked the Minister for Com- tralisation programme; the way it is intended to munity, Rural and Gaeltacht Affairs if his address these issues; the projected cost of resolv- Department has received communications from ing these issues; the overall cost of his Depart- persons (details supplied) which raise concerns ment’s decentralisation programme; and if he will regarding their child’s stay in the Gaeltacht; his make a statement on the matter. [31978/05] views on those concerns; and if he will make a statement on the matter. [31863/05] Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuı´v): In line with commit- Minister for Community, Rural and Gaeltacht ments in the Department’s initial decentralisation Affairs (E´ amon O´ Cuı´v): A complaint has plan in 2004, an initial risk register for each area recently been received by my Department from of operation was put in place. Building on this the parents of a child who attended an Irish sum- initial work, these registers were reviewed by the mer college in the Gaeltacht this year regarding Department’s audit committee in December 2004 the child’s attendance at the college. My Depart- and this review informed the development of the ment’s primary involvement with Irish summer Department’s updated implementation plan of colleges is with the administration of a scheme April 2005. 389 Questions— 2 November 2005. Written Answers 390

In the wider context of implementation of the (details supplied) in County Limerick; and if she recommendation of the Mullarkey report, and to will make a statement on the matter. [31315/05] help deepen the Department’s capability and effectiveness on risk management, the Depart- Minister for Agriculture and Food (Mary ment has appointed consultants with appropriate Coughlan): The person named submitted two risk identification, assessment and management applications under the 2004 special beef premium skills and expertise to further support divisional scheme in respect of a total of 26 animals. The and corporate risk management. These consult- first application, in respect of four animals, was ants, who will particularly focus on risks arising received on 1 March 2004 while the second appli- from decentralisation, are scheduled to complete cation, in respect of 22 animals, was received on their work by January 2006. Pending completion 31 December 2004. of that work, it is not feasible to speculate on Following computer validation of the second costs issues. application, it was found that all of the animals were non-CMMS compliant, that is, they were Calafoirt agus Ce´anna. not recorded as being in the herd of the person named on the date the application was received 432. D’fhiafraigh Mr. McGinley den Aire Gno´ - by the Department. This is a basic requirement thaı´ Pobail, Tuaithe agus Gaeltachta an bhfuil of the scheme and, if not complied with, can iarratas ina Roinn le haghaidh obair feabhsu´ cha´in result in regulatory penalties. By letter dated 4 a dhe´anamh ar an che´ ar Inis Mea´in, Du´ nna March 2005 and again by letter dated 27 nGall; cad e´ an obair ata´ le de´anamh; cad e´ costas September 2005, the person named was requested measta na hoibre agus an nde´anfaidh se´ ra´iteas by my Department to provide an explanation as ina thaobh. [32008/05] to why the animals were found to be non-CMMS compliant. A reply is awaited, following which Minister for Community, Rural and Gaeltacht the case will be reviewed further in the light of Affairs (E´ amon O´ Cuı´v): Ta´ iarratas a´ mheas ag the explanation offered by the person named. mo Roinnse i la´thair na huaire ar fhorbairt na ce´ibhe seo faoi sce´im na gce´ibheanna beaga sa Ghaeltacht. Ta´ costas measta de \180,000 curtha Direct Payment Schemes. ag Comhairle Chontae Dhu´ n na nGall ar na hoib- 435. Mr. Deenihan asked the Minister for Agri- reacha ata´ i gceist, ina measc sı´neadh ar an gce´ibh culture and Food when area based compensation mar aon le fa´innı´ tarrtha´la agus trealamh sa´bha´il- payments will be granted to a person (details teachta a chur ar fa´il. Se´ an gna´th uasmhe´id a supplied) in County Kerry; and if she will make chaithfear ar che´ibheanna faoi sce´im na gce´- a statement on the matter. [31350/05] ibheanna beaga na´ \100,000. Minister for Agriculture and Food (Mary Garda Vetting Procedures. Coughlan): An application under the single pay- 433. Ms O’Sullivan asked the Minister for ment scheme/disadvantaged areas scheme was Community, Rural and Gaeltacht Affairs the cat- received from the person named on 11 May 2005. egories of persons working in a paid or voluntary During the processing of this application certain capacity under the aegis of his Department or for issues were identified relating to the land utilis- agencies or organisations funded by his Depart- ation. These matters have since been resolved ment who are subject to Garda vetting to protect and payment under the disadvantaged areas against possible child abuse; the timeframe to scheme will shortly issue to the person named. introduce vetting for all such persons who work with children and are not vetted; and if he will Medicinal Products. make a statement on the matter. [32062/05] 436. Mr. P. McGrath asked the Minister for Minister for Community, Rural and Gaeltacht Agriculture and Food if her attention has been Affairs (E´ amon O´ Cuı´v): Owing to the wide drawn to the allegations (details supplied) con- range of my Department’s responsibilities it has cerning the availability of prescription medicines not been possible to assemble the information over the counter at a pharmacy. [31362/05] sought by the Deputy in the time available. I will communicate with her as soon as the information Minister for Agriculture and Food (Mary is available. Coughlan): Under the Animal Remedies Regu- lations 1996, it is an offence to sell or supply a prescription-only medicine other than on the pre- Grant Payments. scription of a veterinary practitioner. My Depart- 434. Mr. Deenihan asked the Minister for Agri- ment will fully investigate any breaches of the culture and Food when special beef premium legislation alleged in the programme concerned payments for 2005 will be awarded to a person with a view to prosecution. 391 Questions— 2 November 2005. Written Answers 392

Bovine Disease Controls. Grant Payments. 437. Mr. Crawford asked the Minister for Agri- 439. Mr. Ring asked the Minister for Agri- culture and Food if a person (details supplied) in culture and Food the estimated number of farm- County Monaghan will have a bull tested six ers who will receive the single farm payment in times in their herd, recorded on their November County Mayo; and the estimated total worth of 2004 census sheets and get returned from the fac- the payments. [31392/05] tory where they are sent for slaughter owing to the fact that they are not properly recorded by Minister for Agriculture and Food (Mary her Department; if it is in the best interests of Coughlan): Approximately 12,500 farmers in disease control that an animal like this should be County Mayo have established entitlements returned from a factory after mixing with other under the single payment scheme. The value of cattle; if this person will have to bear the cost of these entitlements is in excess of \58 million. double transport; and if she will make a statement on the matter. [31373/05] 440. Mr. P. Breen asked the Minister for Agri- culture and Food if a decision has been made on Minister for Agriculture and Food (Mary a single farm payment application for a person Coughlan): The person named presented an ani- (details supplied) in County Clare; and if she will mal for slaughter at a meat export plant on 13 make a statement on the matter. [31419/05] October 2005. When a CMMS traceability check was carried out at the factory, it was discovered Minister for Agriculture and Food (Mary that an animal with the same tag number had Coughlan): The person named submitted an been recorded as having been exported the pre- application for a review of entitlements under the vious year. A feature of Ireland’s traceability single payment scheme. During the processing of system is that each bovine’s tag number details this review my Department took the view that the are unique. In the circumstances, an investigation case of the person named should be assessed on was initiated by my Department to ascertain the grounds of force majeure or exceptional cir- which was the correct animal. Thus, the animal cumstances as provided for in Article 40 of presented at the factory was rejected for slaugh- Council Regulation (EC) No. 1782/2003. My ter until such time as this investigation was Department has completed the examination of completed. the force majeure circumstances and a decision The investigation found that the animal was made that the single payment entitlements exported in the previous year was incorrectly for the person named would be based on year recorded on the CMMS system and the rejected 2000 only with the years 2001 and 2002 excluded. animal was cleared for slaughter on 20 October, Details of the revised entitlements will issue to some seven days later. While it is acknowledged the person named shortly. that the person in question was not to blame in The person named also submitted an appli- this case, my Department had no option but to cation for an allocation of entitlements from the await the outcome of the investigation before allowing the animal to proceed for slaughter for national reserve under category C, which caters entry into the food chain. I am satisfied that there for farmers who, between 1 January 2000 and 19 was no disease risk from the return of this animal October 2003, sold their milk quota into the milk to the farm while the investigation took place. I quota restructuring scheme and converted their regret the inconvenience caused to the person enterprise to a farming sector for which a direct named in this case. However, I have a duty to payment under livestock premia and-or arable ensure that only cattle whose origin, identity and aid schemes would have been payable during the life history are verified by the traceability system reference period 2000 to 2002. More than 23,000 enter the food chain. applications for an allocation of entitlements from the national reserve were received. Pro- cessing of these applications is continuing and the Rural Environment Protection Scheme. intention is to make allocations to successful 438. Mr. Ring asked the Minister for Agri- applicants at the earliest opportunity. The culture and Food the number of persons in REP Department will be in touch with individual schemes on a county basis for each of the past applicants as soon as their applications are fully five years; and the estimated total REP scheme processed. A successful application under the payments to each county for each year. national reserve would serve to increase the [31391/05] entitlements already advised to the person named. Minister for Agriculture and Food (Mary Coughlan): The figures requested are being com- 441. Mr. P. Breen asked the Minister for Agri- piled and I will write to the Deputy in the next culture and Food when a person (details few days. supplied) in County Clare will receive headage 393 Questions— 2 November 2005. Written Answers 394 payment; and if she will make a statement on the mium grants awarded to it but subsequently matter. [31440/05] excluded from Community financing under the guarantee section of the European agricultural Minister for Agriculture and Food (Mary guidance and guarantee fund, and confirmed by Coughlan): My Department was involved in cor- a European Court, she has made a decision respondence with the applicant concerning the regarding seeking the return of these funds from area of a land parcel included in his single pay- Coillte Teoranta. [31508/05] ment application. The matters raised have now been resolved. Payments under the 2005 Minister for Agriculture and Food (Mary disadvantaged area scheme have commenced and Coughlan): A final decision in this matter has not a payment amounting to \583.05 under this been made as yet but the issue is being examined scheme will be made to the person named within in consultation with the Department of Finance. the next few days.

442. Mr. Kehoe asked the Minister for Agri- Grant Payments. culture and Food the reason for the delay in pro- 445. Mr. P. McGrath asked the Minister for cessing the disadvantaged area aid payment for a Agriculture and Food if she will provide details person (details supplied) in County Wexford; when payment will be granted; and if she will relating to the REP scheme file of a person make a statement on the matter. [31462/05] (details supplied) in County Galway; the reason copies of bank statements were required by the Minister for Agriculture and Food (Mary regional inspector to which they are not entitled, Coughlan): An application under the resulting in a delay of more than one year in pay- disadvantaged areas scheme-single payment ment; if she will apologise to the person con- scheme was received from the person named on cerned for the stress and anxiety caused by this 16 May 2005. As part of the control procedures intrusion; and if she will make a statement on the required under EU legislation governing the sin- matter. [31662/05] gle farm payment, the application of the person named was randomly selected for a ground eligi- Minister for Agriculture and Food (Mary bility inspection. The inspection process was com- Coughlan): The person named had completed pleted and payment issued to the person named three years in REPS 2 and was selected for a on 1 November 2005. compliance inspection in his fourth year. Follow- ing the inspection, he was notified on 3 443. Mr. Hayes asked the Minister for Agri- November 2004 that he was to be penalised for culture and Food when payment of ten month not spreading lime as required in his farm plan. premium for 31 animals will issue to a herd owner This was because he could produce no record of (details supplied) in County Tipperary. having bought lime. He appealed the penalty [31482/05] locally and at the end of November 2004 he pro- vided a photocopy of a receipt for the purchase Minister for Agriculture and Food (Mary and spreading of lime. My officials did not con- Coughlan): The person named submitted three applications under the 2004 special beef premium sider this to be acceptable evidence of the trans- scheme in respect of a total of 32 animals. The action and asked him to produce a bank state- first application, in respect of one animal for bull ment to prove it. On 10 January 2005, the person premium, was received on 7 September 2004; the named contacted my officials again but did not second application, in respect of 18 animals for provide the material requested. In March 2005, first age premium, was received on 6 October my officials contacted his planner asking him to 2004 and the third application, in respect of 13 produce the original of the receipt. animals for first age premium, was received on 24 Instead of the original receipt the planner pro- December 2004. vided another copy of the receipt, which he certi- Following initial computer validation, it was fied. My officials still considered this found that some of the animals included on the unacceptable and in a final effort to resolve the applications of the person named appeared ineli- situation so that the person named could be paid, gible under the scheme. However, following they contacted the company named on the receipt further examination, it has now been established and verified directly from them that they had pro- that these animals are eligible and, accordingly, vided him with lime and spread it on his land. He the file is being further processed with a view to was then told that the matter had been resolved payment at an early date. and his payment issued on 5 September 2005. While the delay is regrettable, my Department 444. Mr. Sargent asked the Minister for Agri- has an obligation to operate effective controls in culture and Food if, in view of recouping from REPS to safeguard national and EU funds. Coillte Teoranta circa \8 million of forestry pre- 395 Questions— 2 November 2005. Written Answers 396

Poultry Industry. now fallen to 135. However in the same period, the level of production has increased from 57,000 446. Mr. Crawford asked the Minister for Agri- tonnes of mushrooms in 1997 to 65,059 tonnes in culture and Food the gross output from the poul- 2004 due to the increasing scale and production try industry here; the number of farmers involved output of farms remaining in operation. in the industry; the number of persons involved in the industry directly and indirectly in the service The mushroom task force which published its industry; the percentage of that industry based in report in May 2004 agreed that the industry Monaghan; and if she will make a statement on needed to become more efficient to move for- the matter. [31663/05] ward in a very competitive market environment and agreed a set of recommendations to put it Minister for Agriculture and Food (Mary on a firm footing. A review group continues to Coughlan): The gross output of the poultry indus- monitor the implementation of these recom- try is in excess of \150 million. There are approxi- mendations. mately 1,000 commercial poultry farms in Ireland Under the National Development Plan 2000- 2006 my Department will be providing funding of and 40% of these farms are based in County \ Monaghan. more than 2 million this year to growers for capital investments in buildings and equipment. While there are no official statistics for the \ numbers employed directly and indirectly in the This follows on the 2.5 million paid to growers service industry, it is estimated that there would under the three earlier rounds of the scheme. Funding under the EU producer organisation be roughly up to 6,000 people involved in the pro- \ duction, processing, packing and associated scheme is also being provided and this year 5 activities in the poultry industry. million was paid to six mushroom producer organisations, bringing the total EU aid in this sector to \16.5 million since 2002. Food Industry. 447. Mr. Crawford asked the Minister for Agri- Grant Payments. culture and Food the number of farm families involved in deer production in 1997; the number 449. Mr. Connaughton asked the Minister for involved in production in October 2005; and if Agriculture and Food the reason the area-based she will make a statement on the matter. payment for 2004 has not been made to a person [31664/05] (details supplied) in County Galway; and if she will make a statement on the matter. [31667/05] Minister for Agriculture and Food (Mary Coughlan): Official data on deer farming is avail- Minister for Agriculture and Food (Mary able from the census of agriculture which is car- Coughlan): The 2004 area aid application of the ried out by the Central Statistics Office roughly person named was fully processed with an area every ten years. The first and so far only census determined for payment purposes of 18.17 hec- of agriculture that included deer was in June tares. Payment under the disadvantaged areas 2000. This stated that there were farmed deer on scheme issued on 17 September 2004. His 2005 266 farms. Teagasc has estimated that the number application has also been fully processed with an of farms involved in deer production peaked in area of 18.17 hectares. His grant under the 2005 the mid-1990s at about 450 and estimates that the scheme will issue shortly. number currently stands at between 200 and 250. The structure of deer farming has altered over 450. Mr. Connaughton asked the Minister for the last ten years and the number of units has Agriculture and Food if a decision has been made decreased. While there are fewer enterprises on an application by a person (details supplied) now, they are larger, more specialised and mov- in County Galway to receive entitlements from ing towards quality assured high value product the national reserve; and if she will make a state- outlets. ment on the matter. [31668/05]

448. Mr. Crawford asked the Minister for Agri- 451. Mr. Connaughton asked the Minister for culture and Food the number of farm families Agriculture and Food the single payment calcu- involved in mushroom production in 1997; the lated for a person (details supplied) in County number involved in production in October 2005; Galway; and if she will make a statement on the and if she will make a statement on the matter. [31669/05] matter. [31665/05] Minister for Agriculture and Food (Mary Minister for Agriculture and Food (Mary Coughlan): I propose to take Questions Nos. 450 Coughlan): According to the Teagasc survey, the and 451 together. number of mushroom producers in Ireland in The person named has established 57.66 1997 was 576. The latest information available entitlements with a total net value of \6,423.90 from Teagasc is that the number of producers has under the single payment scheme. The person 397 Questions— 2 November 2005. Written Answers 398 named submitted an application for consideration and if she will make a statement on the of force majeure-exceptional circumstances in matter. [31811/05] respect of his entitlements under the scheme. The circumstances outlined by him did not satisfy the Minister for Agriculture and Food (Mary criteria for force majeure-exceptional circum- Coughlan): I propose to take Questions Nos. 452 stances under Article 40 of Council Regulation and 460 together. (EC) No. 1782/2003. The person named appealed Finance Ministers will conduct their second that decision to the independent single payment reading of the preliminary draft budget for 2006 appeals committee. The finding of the appeals later this month following which it will be sent to committee was that the original decision taken by the European Parliament for its final reading. I my Department should be upheld. will endeavour to ensure that the budget for 2006 The person named submitted an application for is sufficient to provide for the full range of an allocation of entitlements from the single pay- market and other supports, direct payments and ment scheme national reserve under category B rural development measures which are essential which caters for farmers who, between 1 January to allow Irish farmers and processors to maintain 2000 and 19 October 2003, made an investment their competitiveness in 2006 and beyond. in production capacity in a farming sector for As regards the dairy sector I have continuously which a direct payment under livestock premia impressed upon the Commission the necessity to and-or arable aid schemes would have been pay- ensure flexibility in its ongoing evaluation of aids able during the reference period 2000 to 2002. and subsidies in order to take full account of vari- The person named also submitted an appli- ations in the market or weaker dollar-euro cation under category C which caters for farmers exchange rates. I am particularly concerned that who, between 1 January 2000 and 19 October the dairy sector be provided with sufficient 2003, sold their milk quota into the milk quota resources to meet its market challenges and that restructuring scheme and converted their the market dynamics take precedence rather than enterprise to a farming sector for which a direct an undue emphasis on the budgetary require- payment under livestock premia and-or arable ments, while respecting prudent budgetary dis- aid schemes would have been payable during the ciplines. reference period 2000 to 2002. It should be noted My priority in the ongoing implementation of however that the rules governing the single pay- the CAP reform is the maintenance of a stable ment scheme stipulate that an applicant who is and appropriately resourced dairy sector. This found to be eligible under more than one cate- requires the provision of a combination of appro- gory in the reserve may only receive an allocation priate levels of internal supports and export of entitlements under whichever category is most refunds to safeguard the sector’s market share, beneficial to him. allow for its expansion and provide the necessary The position is that more than 23,000 appli- returns to farmers. cations for an allocation of entitlements from the national reserve were received when account is Animal Welfare Bodies. taken of farmers who applied under more than one category. Processing of these applications is 453. Mr. Wall asked the Minister for Agri- continuing and the intention is to make allo- culture and Food if funding is available for an cations to successful applicants at the earliest organisation (details supplied) in County Kildare; opportunity. The Department will be in touch and if she will make a statement on the with individual applicants as soon as their appli- matter. [31714/05] cations are fully processed. Minister for Agriculture and Food (Mary Coughlan): My Department has in recent years Dairy Sector. made ex gratia payments to a number of bodies 452. Dr. Cowley asked the Minister for Agri- involved in the actual delivery of animal care and culture and Food if she will seek support from welfare services throughout the country. The fellow Ministers in the Agriculture Council for a funding available to any individual organisation review of the 2006 dairy budget (details supplied); is dependent on resources available and the level and if she will make a statement on the of demand and is therefore intended only as a matter. [31711/05] contribution to the overall costs of the organis- ations. Until 2004, these ex gratia payments were 460. Dr. Cowley asked the Minister for Agri- made from residual funds available in my Depart- culture and Food if she will engage with the ment’s Vote at the end of the year. However from European Commission to challenge the method- 2004, specific provisions for this purpose have ologies used in setting refunds and aids and to been included in the Department’s Estimates. I request greater flexibility to allow the dairy sector will be making decisions in the next few weeks and dairy farmers benefit from strong markets; on payments to these bodies, including the body 399 Questions— 2 November 2005. Written Answers 400

[Mary Coughlan.] lowed, will also help to reduce the risk of intro- named, which have made applications for funding duction of disease. for 2006. My Department has an early warning system in place which operates with the assistance of the Grant Payments. national parks and wildlife service, the National Association of Regional Game Councils and 454. Mr. Connaughton asked the Minister for BirdWatch Ireland. My Department also partici- Agriculture and Food when the 2004 area-based pates fully in the annual EU avian influenza sur- payment will issue to a person (details supplied) vey, which includes a survey of both domestic in County Galway; and if she will make a state- poultry and wild birds while our laboratories also ment on the matter. [31724/05] screen all samples received for avian influenza. These extensive measures play a central part in Minister for Agriculture and Food (Mary ensuring that any outbreak of avian influenza will Coughlan): The person named was paid his 2004 be detected early. Conscious of the potential role disadvantaged areas grant on 17 September 2004. of migratory birds in introducing the disease, His grant under the 2005 scheme was paid on 24 much of our focus is placed on early detection October 2005. and speedy eradication of the disease. Our approach at all times is one of vigilance Animal Diseases. as well as being measured in our response. That 455. Mr. Sargent asked the Minister for Agri- response will continue to be informed by our culture and Food the measure being taken to assessment of the risk level at any given time and ensure the safety of birds here (details we will continue to introduce such additional supplied). [31732/05] measures as are proportionate to that risk and as are appropriate in an Irish context. Minister for Agriculture and Food (Mary Coughlan): My Department has taken a range of Consultancy Contracts. measures aimed at minimising the risk of the 456. Mr. P. McGrath asked the Minister for introduction of avian influenza into the country. Agriculture and Food the number and value of The Department is constantly reassessing the contracts awarded for public relations projects by level of risk and will continue to introduce such her Department since December 2004. measures as are proportionate to that level of [31753/05] risk. To date, bans have been placed on the importation of live birds and specified poultry Minister for Agriculture and Food (Mary products from countries affected by outbreaks of Coughlan): No contracts for public relations pro- H5N1 avian influenza. In addition, the European jects have been awarded by my Department since Commission has introduced a ban on the import- December 2004. ation of captive birds into the Community and controls on imports of pet birds. Last week, I signed two statutory instruments Ministerial Staff. providing for the registration of all poultry flock 457. Mr. P. McGrath asked the Minister for owners, including owners of racing pigeons, the Agriculture and Food the number of civil ser- reporting of all unusual or unexplained patterns vants and other staff employed in her constitu- of mortality among poultry flocks, and an ency office; and the grade and remuneration of immediate ban on the collection of poultry and each. [31768/05] captive birds for poultry markets, shows, exhi- bitions and cultural events, other than under Minister for Agriculture and Food (Mary licence. In addition to these legal measures, my Coughlan): The following table gives a break- Department has also updated and reissued biose- down of staff employed in my constituency curity measures to flock owners which, if fol- office.

Minister’s Office Staff

Grade Number Salary Scale

Personal Assistant 1 \43,000-\53,191 HEO Higher Scale Personal Secretary 1 \20,186-\38,948 + 10% Higher Duty Allowance CO Higher Scale Clerical Officer 2 \21,121-\33,436 CO Higher Scale Clerical Officer 2 \21,245-\34,448 Full PRSI Standard Scale

Consultancy Contracts. Agriculture and Food the number and value of contracts awarded to outside consultants by her 458. Mr. P. McGrath asked the Minister for Department in each of the past five years; the 401 Questions— 2 November 2005. Written Answers 402 details of the contracts involved; and if these pro- Ministerial Staff. jects have reached fruition. [31783/05] 459. Mr. P. McGrath asked the Minister for Agriculture and Food the number of civil ser- vants and other staff in her press office; and the grade and remuneration of each staff member. Minister for Agriculture and Food (Mary [31798/05] Coughlan): The information requested by the Minister for Agriculture and Food (Mary Deputy is being compiled and will be sent to him Coughlan): The following table gives a break- as soon as possible. down of staff employed in my press office.

Press Office

Grade Number Salary Scale

Assistant Principal Officer 1 \57,630-\71,859 + \7000 Allowance AP Standard Scale Higher Executive Officer .5 \40,543-\51,463 HEO Standard Scale Executive Officer 2 \26,618-\42,238 EO Standard Scale Executive Officer .5 \28,021-\44,458 EO Full PRSI Standard Scale Clerical Officer 1 \21,245-\34,448 CO Full PRSI Standard Scale

Question No. 460 answered with Question culture and Food the reason the single payment No. 452. application for the transfer of entitlements in the case of a land transfer by way of inheritance dur- Health and Safety Regulations. ing the reference period by persons (details supplied) in County Mayo was rejected. 461. Mr. Sargent asked the Minister for Agri- [31884/05] culture and Food the current regulations for health and safety on farms; her plans for review Minister for Agriculture and Food (Mary or update in view of the number of deaths on Coughlan): My Department requested additional farms; and if she will make a statement on the information to support the application from the matter. [31864/05] persons named on 10 February 2005 for the transfer of entitlements by way of inheritance. Minister for Agriculture and Food (Mary The requested information was not submitted to Coughlan): Under the Safety, Health and Wel- my Department and, therefore, the persons fare at Work Act 2005 all employers are required named were informed on 10 August 2005 that my to prepare or have prepared a safety statement Department could not process the application as that specifies how the safety health and welfare the information had not been submitted. The of employees is to be managed. The safety state- information required has now been submitted ment must be based on the identification of the and the application has been processed to a suc- hazards as well as the risk assessment for the cessful conclusion. The persons named were noti- place of work, that is, the farm. fied of this on 27 October 2005. The Act also provides in section 60 that the Health and Safety Authority, HSA, “may, and shall if so requested by the Minister [for Animal Diseases. Enterprise, Trade and Employment] prepare and 463. Mr. Crawford asked the Minister for Agri- publish [Health and Safety Authority] Codes of culture and Food the reason first class hereford Practice” relating to employers with three or and other native breeds are downgraded to such fewer employees and these codes of practice will an extent on the advice sheet to the appointed be sufficient to meet the general duty to prepare buyers of tuberculosis reactor animals; her views a safety statement, referred to above. The HSA on whether the lower prices being advised to the is actively involved in the preparation of a code buyers bears no relation to the actual market of practice for the agricultural sector. I welcome value of these animals in public auction rings; if this approach and will continue to support all the situation will be re-examined and rectified actions aimed at preventing accidents on farms. accordingly; and if she will make a statement on All farmers have received a HSA document, the matter. [31898/05] Farm Safety Self Assessment for family farms and self employed farmers, on the basis that the com- Minister for Agriculture and Food (Mary pleted document should be kept on the farm. Coughlan): Under the existing arrangements, the main compensation scheme for farmers whose Grant Payments. herds are affected by TB or brucellosis is the on- 462. Mr. Ring asked the Minister for Agri- farm market valuation scheme, which provides 403 Questions— 2 November 2005. Written Answers 404

[Mary Coughlan.] arisen following the risk analysis being conducted for compensation to be paid on the basis of on her Department’s decentralisation prog- market value. Under the scheme, market value is ramme; the way in which it is intended to address the equivalent price that might reasonably have these issues; the projected cost of resolving these been obtained for the animal, at the time of issues; the overall cost of her Department’s determination of compensation, from a purchaser decentralisation programme; and if she will make in an open market if the animal was not affected a statement on the matter. [31979/05] by TB or brucellosis or was not being removed as part of a depopulation under the disease eradi- Minister for Agriculture and Food (Mary cation programme. Cattle removed as infected Coughlan): As part of my Department’s decen- animals are valued by suitably qualified valuers tralisation implementation plan, a risk assessment approved by my Department and by reference to and management analysis was carried out. The Department guidelines on market values of ani- document outlines the risks of decentralisation mals. The amount payable is subject to a and the mitigating actions necessary. It is not pos- maximum ceiling of \2,540 applying in respect of sible to estimate at this stage the cost of these any individual animal, except in respect of one mitigating actions. The Department is satisfied pedigree stock bull per breakdown episode where that any costs arising can be met from its existing a ceiling of \3,175 is applied. administrative budget. All reactor animals are valued as if they were The main costs associated with decentralisation not affected by disease and are categorised by will be accommodation costs. In its report of breed and quality. Summary market guideline November 2004, the decentralisation implemen- prices are compiled and issued by my Depart- tation group, DIG, indicated that the Depart- ment to independent livestock valuers on a ment’s corporate headquarters in Portlaoise weekly basis for use as a reference for the valua- would be provided on a design, build, finance and tion of animals affected by disease prior to maintain, DBFM, approach and the OPW is pro- slaughter. These prices are based on current live- ceeding on that basis. stock sales which are closely monitored by my Department. Prices for finished cattle are Citizenship Applications. obtained from the meat factories each week. The prices for all other commercial cattle are obtained 465. Mr. Hogan asked the Minister for Justice, by my Department from representative livestock Equality and Law Reform when a citizenship marts throughout the country. Prices for breeding application will be processed for a person (details animals are obtained from clearance, reduction supplied) in County Waterford; and if he will and specialised sales that are normally held dur- make a statement on the matter. [31860/05] ing the breeding season, that is, during spring and autumn. Department staff also monitor the valua- Minister for Justice, Equality and Law Reform tions attributed to animals by the valuers. (Mr. McDowell): An application for a certificate Farmers receive payment from meat plants for of naturalisation from the person referred to by the meat value of reactors. This payment is netted the Deputy was received in the citizenship section against the on-farm valuation, with the appro- of my Department on 6 May 2004. It has been priate net differential payment being paid by the assigned reference No. 68/1482/04. The average Department to the farmer. With regard to prices processing time for such applications is currently paid by the meat plants buying tuberculosis reac- 24 months. It is likely, therefore, that in the case tor animals, my Department operates a weekly of the application of the person concerned a tendering system whereby the meat plants submit decision will be finalised in or around May 2006. quotations for the purchase of the reactors. My I will be in touch with both the Deputy and the Department does not advise factories as regards applicant when a decision has been made in the the meat price of reactor animals. The farmer matter. receives the full market valuation of his or her reactors irrespective of the price paid by meat Pension Provisions. plants. I am therefore satisfied that the guidelines 466. Mr. J. O’Keeffe asked the Minister for issued by the Department reflect the appropriate Justice, Equality and Law Reform the manner in market value for all animals, including first class which his Department complies with the Pensions herefords and other native breeds, and I do not (Amendment) Act 2002 in an internal disputes propose to revise the current market valuation resolution procedure in so far as it applies to arrangements. Garda Sı´ocha´na pensions; and when the neces- sary measures were put in place to comply with the Act in this regard. [31325/05] Decentralisation Programme. 464. Ms C. Murphy asked the Minister for Minister for Justice, Equality and Law Reform Agriculture and Food the issues which have (Mr. McDowell): An internal dispute resolution 405 Questions— 2 November 2005. Written Answers 406 procedure for Garda pensioners has been in place current position of the application in question. I in my Department with effect from January 2005. understand that, in circumstances where the com- The principal officer in the Department’s finan- pletion of an application in a particular case is cial shared services centre is responsible for com- urgent, the Land Registry will make every plaints relating to the Garda Sı´ocha´na superannu- reasonable effort to facilitate such requests on ation scheme. The principal officer is the person receipt of a written explanation as to the reason who receives the complaint and who ultimately underlying the urgency. issues a notice of determination. In his notice of determination he is required to include the fol- lowing: a statement of what has been decided; a Work Permits. reference to relevant legislation, regulations, legal 469. Mr. O’Dowd asked the Minister for precedent or any other material relied upon; Justice, Equality and Law Reform the entitle- where a discretionary power has been exercised, ments of a person (details supplied) residing in a reference to any provisions which confer such County Louth for five years to obtain employ- power. The principal officer is required to issue a ment here; and if he will make a statement on the determination within three months of receiving matter. [31328/05] sufficient information to enable the complaint to be considered. It is then open to the complainant Minister for Justice, Equality and Law Reform to bring forward his complaint to the Pensions (Mr. McDowell): The person concerned arrived Ombudsman who may then decide to investigate in the State on foot of a D-employment visa on the matter, which will result in an order binding on all parties. 23 September 2000, as a work permit had been obtained by an employer in respect of her. She was granted permission to remain until 19 July Garda Investigations. 2001 on work permit conditions. Her employer 467. Aengus O´ Snodaigh asked the Minister for did not seek to renew the work permit in respect Justice, Equality and Law Reform the position of her. She subsequently took up employment regarding an incident (details supplied). with a new employer. However, this employer [31326/05] had not obtained a work permit on her behalf. She failed to renew her permission to remain in 472. Aengus O´ Snodaigh asked the Minister for the State from 19 July 2001 and continued to Justice, Equality and Law Reform if the assault reside in the State. on a person (details supplied) in Dublin 24 will As a result of representations received on her be investigated on the basis that the incident may behalf in February 2004 and following consider- have been a hate crime and premeditated. ation of all the circumstances of her case, she was [31365/05] granted permission to remain for a three-month period to enable a prospective employer obtain Minister for Justice, Equality and Law Reform a work permit on her behalf. This permission to (Mr. McDowell): I propose to take Questions remain was subsequently renewed on two Nos. 467 and 472 together. occasions and she currently has permission to I am informed by the Garda authorities that remain until 21 June 2006. gardaı´ on patrol in Dublin city centre were made If the person concerned wishes to take up aware that an assault had taken place on the per- employment in the State, a prospective employer son referred to by the Deputy in the Dublin 2 will first have to obtain a work permit on her area. Two gardaı´ attended the scene and com- behalf. In the event that a work permit is issued menced an investigation. One person was in respect of the person concerned, she should arrested and charged with assault. I am further return to her local immigration office to have the informed that the Garda investigation is ongoing. All aspects of the incident will be examined and appropriate permission endorsed on her when completed an investigation file will be for- documents. warded to the law officers for directions. Road Traffic Accidents. Registration of Title. 470. Mr. Perry asked the Minister for Justice, 468. Mr. P. McGrath asked the Minister for Equality and Law Reform the number of persons Justice, Equality and Law Reform if a Land killed on roads for the years 2000, 2001, 2002, Registry dealing for a person (details supplied) in 2003, 2004 and to date in 2005: the number of County Cork will be expedited. [31327/05] vehicles on roads for the same period; the funding allocated to the Garda Sı´ocha´na for each county Minister for Justice, Equality and Law Reform specifically for the prevention of road deaths in (Mr. McDowell): I have requested the Land each of these complete years; and if he will make Registry to contact him directly concerning the a statement on the matter. [31329/05] 407 Questions— 2 November 2005. Written Answers 408

Minister for Justice, Equality and Law Reform Number of Mechanically Propelled Vehicles under current (Mr. McDowell): I am informed by the Garda licence at 31 December authorities that the number of persons killed on the roads for the years 2000 to 2004, inclusive, Year Number of Vehicles and to date in 2005 is set out in the following table. 2000 1,682,221 2001 1,769,684 Year Number of fatalities on the roads 2002 1,850,046 2003 1.937,429 2000 415 2004 2,036,307 2001 411 2005 2,129,888 2002 376 (Position at 30 September 2003 335 2005). 2004* 374* 2005* 323 to 1 November* * These figures are provisional, operational and liable to Garda Operations. change. 471. Mr. Perry asked the Minister for Justice, Members of the Garda Sı´ocha´na discharge a large Equality and Law Reform if he will provide a number of duties, including road traffic safety and breakdown of the number of Garda checkpoints road traffic law enforcement as part of their reg- held in each county for the years 2000, 2001, 2002, ular policing responsibilities. The annual Garda 2003, 2004 and to date in 2005; the number of budget has a national remit and is not allocated speed related fines or dangerous driving incid- on a programme or county basis. Therefore, it is ences that were issued for each year in the same not possible to quantify Garda expenditure period; his views on whether the visibility of designed to prevent road deaths on a county Garda patrol cars on roads is a deterrent for basis. However, expenditure of funds is consistent motorists to travel at high speed; his plans to have with the objectives set out in the annual policing unmanned Garda patrol cars parked on roads to plan, which include Garda duties and initiatives deter high speed on the road and the cost to designed to prevent road deaths. implement such a measure; and if he will make a The assistant commissioner for traffic has over- statement on the matter. [31330/05] all responsibility for identifying and recom- mending necessary expenditure on a national Minister for Justice, Equality and Law Reform basis. Prior to the establishment of a new traffic (Mr. McDowell): I am informed by the Garda corps in 2005, this responsibility lay with the authorities that there are no data available on the Garda national traffic bureau. number of checkpoints held in each county for I am informed by the Garda authorities that the years 2000, 2001, 2002, 2003, 2004 and to date funding for road traffic enforcement technology in 2005. The number of speed related fines and and road traffic equipment is accounted for under dangerous driving incidences for the years 2000, E5 subhead. The budget for this subhead for the 2001, 2002 and 2003 are available in the Garda years 2000 to 2005 inclusive is outlined in the fol- annual report 2000-2003, a copy of which is avail- lowing table. able in the Oireachtas Library. The Garda annual E5. Road Traffic Equipment report for 2004 is not yet available. I am advised by the Garda authorities that they Year \000’s consider high visibility Garda traffic corps patrols are a deterrent for errant motorists. I am also 2000 1,270,000 advised that unmarked cars have limited deter- 2001 1,152,000 rent effect but are used in appropriate circum- stances. Unmarked patrol cars are currently allo- 2002 873,000 cated to the Garda traffic corps and the number 2003 1,127,000 will be increased as additional gardaı´ are allo- 2004 1,074,000 cated to the Garda traffic corps in line with the 2005 1,106,000 strategic review of traffic policing 2002. I am informed by the Garda Commissioner, who has I am informed by the Minister for the Envir- responsibility for the allocation of Garda onment, Heritage and Local Government, who resources, that there are no plans to introduce has responsibility for the licensing of motor unmanned patrol cars on the roads and streets. vehicles, that the numbers of mechanically pro- The annual budget provided for the purchase pelled vehicles under current licence at 31 of Garda vehicles, marked and unmarked, is December were as follows. accounted for in the D subhead of the Garda Vote. The actual and budgeted expenditure on 409 Questions— 2 November 2005. Written Answers 410 the acquisition of Garda vehicles for the years his attention has been drawn to the fact that in 2000 to 2005 inclusive is as follows. the course of an accident occurring at 7.55 p.m. Expenditure on Garda Vehicles 2000-2005 on 14 October 2005 on the N2 at Coolquay, The Ward, it took 55 minutes for gardaı´ to arrive on Year \000’s the scene; if his attention has further been drawn to the fact that when gardaı´ fail to arrive on the 2000 8,291 scene, the fire brigade and other emergency 2001 7,307 services must stay at the scene; if he will make a 2002 9,589 statement on this and his proposals to deal with 2003 5,880 this type of issue. [31370/05] 2004 14,352 Minister for Justice, Equality and Law Reform 2005* 10,299 (Mr. McDowell): I am informed by the Garda *Figures of expenditure for 2005 is the budgeted amount. authorities that on 14 October 2005 gardaı´ responded to a road traffic collision on the N2 at As the purchase of all Garda vehicles, irrespec- Coolquay, The Ward. The Garda response is tive of their disposition, must be financed from the funds provided, there is no incremental cost being examined by Garda management. I am associated with the purchase of such vehicles. further informed that the Garda response to all Some small operational cost maybe incurred if it emergency calls received is monitored by Garda is determined to deploy vehicles in such a management and is the subject of regular examin- manner. ation. An officer is appointed in each Garda div- ision in the Dublin metropolitan region to review Question No. 472 answered with Question the Garda response to all calls, in particular the No. 467. times of arrival at the scenes of calls. The Garda Sı´ocha´na is conscious of the demands on all emer- 473. Ms Burton asked the Minister for Justice, gency services and members endeavour to Equality and Law Reform the steps he is taking respond promptly to calls for assistance. in co-operation with gardaı´ on local authorities to deal with the problem of anti-social behaviour Garda Equipment. especially that associated with the building of bonfires in the Dublin 15 area; if he has issued 475. Ms O. Mitchell asked the Minister for any directive to gardaı´ to support the local auth- Justice, Equality and Law Reform the amount ority, Fingal County Council, in the difficulties it spent on the Garda PULSE computer system to is experiencing with the build-up of material for date; the amount needed to complete the system; multiple barbecues and the problems caused to the year the project was initiated; when same will the local authorities on successive bonfire nights be completed; and if he will make a statement on in recent years; if extra gardaı´ will be on duty in the matter. [31374/05] the run-up to Hallowe’en, especially in the vicin- ity of bonfire areas; and if he will make a state- Minister for Justice, Equality and Law Reform ment on the matter. [31369/05] (Mr. McDowell): The cost of the development of the PULSE system was \61.33 million. The Minister for Justice, Equality and Law Reform PULSE project was initiated in 1996 and develop- (Mr. McDowell): I am informed by the Garda ment was completed in 2001. As a result of its authorities that they have held meetings with Fin- size and complexity, the system was implemented gal County Council in relation to measures to in a number of phased releases commencing in control bonfires. A policing plan was prepared November 1999 with the final release rolled out and was in operation over the Hallowe’en period. nationwide at the end of 2003. As with any major I understand that where bonfire material is information technology system, there is ongoing located it is removed by Fingal County Council. support and maintenance together with software I am further informed that additional resources, and hardware upgrades and replacements including public order units, were available over required from time to time. the Hallowe’en period in the area concerned and local Garda management is satisfied that adequate resources were available to address any Garda Operations. policing issues arising. 476. Mr. Gogarty asked the Minister for Justice, Equality and Law Reform if a letter of Road Traffic Accidents. exemption was issued by gardaı´ to drivers of vehicles over three tonnes to enable them to use 474. Ms Burton asked the Minister for Justice, the Kennelsfort Road, Palmerstown, a road sub- Equality and Law Reform the estimated time of ject to the three tonne limit; if his attention has arrival of gardaı´ to road traffic accidents in the been drawn to the existence of such a letter; and Dublin 15 and The Ward area of Dublin West; if 411 Questions— 2 November 2005. Written Answers 412

[Mr. Gogarty.] tion have been approved on appeal by my if he will make a statement on the matter. Department. [31395/05] Work Permits. Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by the Garda 479. Dr. Cowley asked the Minister for Justice, authorities that gardaı´ have not issued a letter of Equality and Law Reform if he will grant a work exemption to the drivers of vehicles over three permit to a person (details supplied) in County tonnes to enable them to use the Kennelsfort Mayo; and if he will make a statement on the Road, Palmerstown. I am further informed that matter. [31460/05] in May 1996 a letter was supplied by gardaı´ at Ballyfermot Garda station to the directors of an Minister for Justice, Equality and Law Reform engineering company acknowledging that their (Mr. McDowell): I refer the Deputy to my reply place of business was on Kennelsfort Road. to his Questions Nos. 137 and 138 of Thursday, 20 October, 2005. The position as stated in that reply regarding the long-standing policy of the Asylum Applications. Government in not allowing asylum seekers take 477. Mr. P. Breen asked the Minister for up employment remains and, so, the issue of a Justice, Equality and Law Reform if a person work permit does not arise. (details supplied) in County Clare can remain here on humanitarian grounds; and if he will Garda Disciplinary Proceedings. make a statement on the matter. [31418/05] 480. Mr. Costello asked the Minister for Minister for Justice, Equality and Law Reform Justice, Equality and Law Reform the outcome (Mr. McDowell): The person concerned arrived of the decision by the Garda Commissioner to in the State on 8 September 2004 and claimed transfer five gardaı´ who were the subject of criti- asylum on 10 September 2004. The claim was cism in the second Morris tribunal report; the investigated by the Refugee Applications Com- location of each of the gardaı´ at present; and if he missioner who concluded that the person con- will make a statement on the matter. [31468/05] cerned did not meet the criteria for recognition as a refugee. The commissioner’s recommend- Minister for Justice, Equality and Law Reform ation was communicated to the person concerned (Mr. McDowell): The current position in respect by letter dated 24 March 2005. This communi- of the five members of the Garda Sı´ocha´na in cation advised the person concerned of their question is as follows. One member was trans- entitlement to appeal the commissioner’s recom- ferred on 24 June 2005 but is now absent without mendation to the Refugee Appeals Tribunal. The leave and has been taken off the payroll. One person concerned duly appealed the commis- member retired from the force before his transfer sioner’s recommendation. was to come into effect. One member appealed The Refugee Appeals Tribunal considered the his transfer to the assistant commissioner, for appeal of the person concerned, following which human resource management. This was refused the tribunal affirmed the commissioner’s recom- but the transfer has not yet taken place because mendation. The outcome of the appeal was made the member is on sick leave. One member known to the person concerned by letter dated 14 appealed his transfer to the commissioner. This October 2005. was refused but the transfer has not yet taken In accordance with normal procedures, the file place because the member is on sick leave and of the person concerned has been forwarded to suspended from duty. One member has taken his my Department’s ministerial decisions unit for appeal to the transfers review body — the third final processing. A representative of that unit will and last stage in the appeals process — and his write to the person concerned in the near future case was heard on Monday, 10 October. The to advise him of his position in the State. recommendation of the review body is being examined by the Commissioner. It is clear from the foregoing that the Garda Visa Applications. Commissioner has taken all available steps to 478. Mr. McGuinness asked the Minister for effect each of the proposed transfers. Due process Justice, Equality and Law Reform if a holiday and the right of appeal must be observed, but if visa will be issued in the case of persons (details we stand back from the detail and look at the supplied); and if he will make a statement on the position as a whole, we can see that of the five matter. [31439/05] gardaı´ concerned, one has retired, one is sus- pended and one is no longer on the payroll. Of Minister for Justice, Equality and Law Reform the remaining two members, one is on sick leave (Mr. McDowell): The visa applications in ques- and one is awaiting the commissioner’s response 413 Questions— 2 November 2005. Written Answers 414 to the recommendation of the transfers review that the commission has received over 60 appli- body. cations for funding for measures to support vic- tims of crime in response to a public advertise- ment earlier this year. The commission examines Garda Vetting Services. each application on its merits and makes an inde- 481. Mr. Costello asked the Minister for pendent decision in relation to eligibility for Justice, Equality and Law Reform if his attention funding. has been drawn that a convicted drug dealer I understand that these included independent (details supplied) has been appointed by a local applications from a number of former elements authority to a position of care and responsibility of the Victim Support organisation including a for children and young persons; and if he will group of ten branches that have formed a new make a statement on the matter. [31469/05] Federation for Victim Assistance, as well as the interim board of Victim Support. It should be Minister for Justice, Equality and Law Reform noted that I decided to terminate funding for the (Mr. McDowell): I am aware that at the time of Victim Support organisation with effect from 31 the person’s application in 2002 the services of March 2005 because of reductions in service lev- the Garda central vetting unit were not available els and concerns in relation to governance, in relation to the particular employment in ques- accountability and value for money arising from tion. The Deputy will be aware that all organis- ongoing internal difficulties in that organisation ations that recruit persons who would have sub- and because an independent review, carried out stantial, unsupervised access to children and early in 2005, concluded that the organisation was vulnerable adults will shortly be entitled to avail terminally damaged. of the vetting services of the GCVU. The aug- The Deputy may be interested to note that the mentation of the GCVU’s existing vetting commission has already agreed to make funding arrangements will commence on a phased basis available to the following: the national crime vic- upon decentralisation of the unit later this month tims helpline, a single low-call number manned from Dublin to Thurles, County Tipperary. by volunteers and providing information on all services available to victims of crime; Rape Crisis Victim Support Services. Network; Women’s Aid Dublin; Irish Tourist Advisory Service; Support after Homicide group; 482. Mr. Costello asked the Minister for Advic, a new organisation providing advocacy for Justice, Equality and Law Reform his plans for a families of homicide victims; Court Support nationwide victim support service; and if he will Service, which provides impartial practical sup- make a statement on the matter. [31470/05] port for victims and witnesses in court pro- ceedings; Muintir na Tı´re, for follow-up support Minister for Justice, Equality and Law Reform to elderly rural crime victims; ICPAC, the Irish (Mr. McDowell): Services assisting the victims of Centre for Parentally Abducted Children; CARI, crime are supported through the work of the which provides services to child abuse victims. A Commission for the Support of Victims of Crime number of other applications are under con- which I established in March 2005. The com- sideration. mission’s term of office is for three years and its members are: Mr. Jim Mc Hugh, retired Garda Legal Aid Service. assistant commissioner, Chairman; Ms Nora Owen, former Minister for Justice, Equality and 483. Mr. Costello asked the Minister for Law Reform; Mr. Sean Lowry, former head of Justice, Equality and Law Reform his proposals the probation and welfare service; Mr. Michael to amend Statutory Instrument No.8 of 2002 Whelan, Gemini Consulting; and Ms Marian regarding civil legal aid regulations; his further Finucane, broadcaster. proposals to increase the income eligibility; and if The commission’s remit is to devise an appro- he will make a statement on the matter. priate support framework for victims of crime [31471/05] into the future and disburse funding for victim support measures. The commission’s remit also Minister for Justice, Equality and Law Reform includes the examination of all aspects of the pro- (Mr. McDowell): The financial eligibility limits vision of services for victims of crime within the prescribed in the civil legal aid regulations of 2002 criminal justice system. These provisions are cur- are being kept under ongoing review. rently set out in the victims’ charter which was last updated in 1999. In addition, the commission Tribunals of Inquiry. supervises the disbursement of funds to com- munity and other voluntary groups providing vic- 484. Mr. F. McGrath asked the Minister for tim services, with a particular emphasis on the Justice, Equality and Law Reform the criteria for funding of activities on the ground that provide the appointment of barristers to represent the direct supports for victims of crime. I am advised State and its agencies; if millions of euro of public 415 Questions— 2 November 2005. Written Answers 416

[Mr. F. McGrath.] Visa Applications. funds have been spent in the Morris tribunal on 487. Mr. Penrose asked the Minister for Justice, barristers and the public; and the basis upon Equality and Law Reform the steps he will take which barristers are offered such lucrative to have an application for a visa by a person work. [31484/05] (details supplied) in reviewed; and if he will make a statement on the Minister for Justice, Equality and Law Reform matter. [31527/05] (Mr. McDowell): The procedure for the appoint- ment of tribunal counsel is that the chairperson Minister for Justice, Equality and Law Reform of the proposed tribunal identifies counsel on a (Mr. McDowell): The visa application in question criteria of suitability, expertise and experience has been approved by my Department. and submits these names to the Attorney General for approval. The Attorney General approves the Garda Investigations. appointment having discussed the suitability of counsel for the tribunal with the chairperson. The 488. Mr. Ferris asked the Minister for Justice, names of the approved counsel are then submit- Equality and Law Reform if his attention has ted to the Department of the Minister responsible been drawn to the fact that there was no security for the tribunal, who pays the counsel in accord- personnel on duty at a centre (details supplied) ance with rates sanctioned by the Department of in County Kerry on the night of 15 October 2005 Finance. Counsel to represent Departments when a non-national resident was murdered, before a tribunal are nominated by the Attorney despite a complaint made by a former employee regarding the safety of staff and residents at the General on a criteria of suitability, expertise and centre on 11 June 2005. [31652/05] experience and are paid by the Department they represent at rates sanctioned by the Department Minister for Justice, Equality and Law Reform of Finance. (Mr. McDowell): The incident to which the The total cost of legal fees paid in relation to Deputy refers did not occur in the centre named the Morris tribunal since its establishment in in this question and the matter is currently under April 2002 to the end of September 2005 is investigation by the local gardaı´. As I indicated \ 9.94 million. in my reply to Parliamentary Question No. 478 of 25 November last from the Deputy, the Recep- Visa Applications. tion and Integration Agency, which oversees accommodation matters for asylum seekers, is 485. Ms O. Mitchell asked the Minister for satisfied that the security arrangements in place Justice, Equality and Law Reform the status of at the accommodation centre are in compliance the appeal for a visa for a person (details with the terms of the contract. supplied); and if he will make a statement on the matter. [31512/05] Missing Persons. Minister for Justice, Equality and Law Reform 489. Mr. Penrose asked the Minister for Justice, (Mr. McDowell): I am pleased to inform the Equality and Law Reform the steps he is taking Deputy that the visa application in question has to restore the national missing persons helpline; been approved on appeal by my Department. if he has received a submission from the missing in Ireland support service; if the necessary fund- ing is provided; and if he will make a statement Courts Service. on the matter. [31653/05] 486. Mr. Gregory asked the Minister for Justice, Equality and Law Reform if it is his Minister for Justice, Equality and Law Reform intention to increase the limits for claims before (Mr. McDowell): The national missing persons the Small Claims Court. [31525/05] helpline was established in October, 2002. It was operated by Victim Support and supported by the Garda Sı´ocha´na. Funding of \110,000 was pro- Minister for Justice, Equality and Law Reform vided to the helpline by my Department in (Mr. McDowell): Following consultations respect of the years 2002-2004. In addition, my between my Department, the Courts Service and Department also provided funding for the Victim other interests I concluded that the maximum Support organisation. award limit for the Small Claims Court should be Following a review of existing support pro- increased. I can confirm therefore that I have visions, I established the Commission for the Sup- recently requested the District Court rules com- port of Victims of Crime in March 2005. The mittee to amend the relevant rules to provide for commission’s remit is to devise an appropriate an increase in the maximum award limit for framework support for victims of crime into the claims before the court. future and disburse funding for victim support 417 Questions— 2 November 2005. Written Answers 418 and assistance measures. Victim Support and its Departmental Agencies. associated services ceased to operate from 31 491. Mr. Ferris asked the Minister for Justice, March, 2005. Equality and Law Reform if his attention has I am advised that in response to a public adver- been drawn to the fact that a person (details tisement earlier this year the commission has supplied) in County Kerry who had made a com- received over 60 applications for funding for plaint to the Reception and Integration Agency measures to support victims of crime. The com- regarding conditions at the premises was not mission examines each application on its merits asked to meet RIA inspectors when they visited and makes an independent decision in relation to the premises on 11 July 2005; and if he will make eligibility for funding. One of these applications a statement on the matter. [31655/05] was from the missing persons helpline. I have been informed that the commission made an offer Minister for Justice, Equality and Law Reform of funding to the helpline and that this offer was (Mr. McDowell): The Reception and Integration refused. Agency, RIA, conducts unannounced, compre- hensive, formal and other informal inspections on Garda Stations. each of the centres accommodating asylum seek- ers throughout the State to ensure that the terms 490. Mr. Penrose asked the Minister for Justice, of the memorandum of agreement are being met. Equality and Law Reform the steps he will take In addition, the RIA has engaged independent to erect a new Garda station in , companies with expertise in HACCP and fire County Westmeath; if his attention has been safety to conduct inspections on its behalf. drawn to the fact that Westmeath County Council Before carrying out an inspection, the inspector is prepared to play a positive role in the provision reviews the centre file and is aware of any issues of the necessary site for the construction of a new that may have arisen in relation to the centre. station; the further steps he will take to have During the course of the an inspection any resi- same pursued and the erection of this station dent or member of staff at the centre is free to expedited; and if he will make a statement on the make any representations they wish to the inspec- matter. [31654/05] tor. During the inspection in question represen- tations were received from some residents. Minister for Justice, Equality and Law Reform However, no representations were made by any (Mr. McDowell): A survey of the Garda property member of staff. portfolio was carried out on behalf of the Office of Public Works some time ago to determine and list the Garda properties considered to be econ- Work Permits. omically maintainable and those considered to be 492. Mr. Lowry asked the Minister for Justice, uneconomic to repair. Following that survey, the Equality and Law Reform if a person (details Office of Public Works last year ran a pilot equity supplied) needs to apply for a work permit. exchange programme of eight Garda stations in [31656/05] counties Limerick and Tipperary selected by that office, following consultation with my Depart- Minister for Justice, Equality and Law Reform ment and the Garda authorities. The programme (Mr. McDowell): Non-EEA nationals who wish was developed to test the feasibility of exchang- to pursue a business activity in the State, in a ing clusters of small Garda stations which cannot capacity other than as an employed person for be viably maintained in return for new modern whom an employer would have to obtain a work station facilities. It was intended to extend this permit, must first obtain business permission. programme to other Garda stations such as There is no separate permit scheme for persons Castlepollard. wishing to engage in work of a self employment However, I understand from the Office of nature. Public Works that the level of interest expressed The following criteria must be met in order to was not adequate to meet the requirements of the qualify for business permission: the proposed programme and that the Commissioners of Public business must result in the transfer to the State Works are now considering alternative of capital in the minimum sum of \300,000; the approaches. Furthermore, until the Office of proposed business must create employment for at Public Works has concluded its deliberations, I least two EEA nationals; the proposed business am not in a position to indicate when Castlepol- must add to the commercial activity and competi- lard Garda station will be addressed. I can say, tiveness of the State; the proposed business must however, that in the meantime the Commis- be a viable trading concern and provide the appli- sioners of Public Works will undertake any essen- cant with sufficient income to maintain and tial maintenance works. accommodate themselves and any dependants I understand that the Office of Public Works without resorting to social assistance or paid are aware of the interest that the county council employment for which a work permit would be has in the matter. required; the applicant must be of good character 419 Questions— 2 November 2005. Written Answers 420

[Mr. McDowell.] subject matter of each request; and if he will and in possession of a valid passport. The current make a statement on the matter. [31660/05] processing time for applications of this type is Minister for Justice, Equality and Law Reform approximately six to eight months. (Mr. McDowell): First, the Deputy’s question refers to those requests being considered by my Department. I interpret this to mean extradition Citizenship Applications. requests under Part 2 of the Extradition Act 1965, 493. Mr. McGinley asked the Minister for as amended, which have not as yet been certified Justice, Equality and Law Reform when a by me under section 26(1)(a) of the Act and decision will be made on an application for natu- European arrest warrants that have not yet been ralisation for a person (details supplied) in presented to the High Court for endorsement. County Donegal. [31659/05] There are 24 Part 2 requests and 47 European arrest warrants still being considered by my Department at present. For obvious reasons I Minister for Justice, Equality and Law Reform cannot indicate the names of the persons involved (Mr. McDowell): I have been informed by in any of these requests. officials in the citizenship area of my Department The Deputy will appreciate that I, as Minister that there is no record of an application for natu- for Justice, Equality and Law Reform, can only ralisation having been received from the person exercise my powers under the 1965 Act when I referred to by the Deputy. am satisfied that a request has been made in accordance with Part 2 of that Act. I can assure Extradition Requests. the Deputy, however, that requests for extra- dition or surrender are dealt with in my Depart- 494. Mr. Timmins asked the Minister for ment without any undue delay. Justice, Equality and Law Reform the number of The tables which follow set out the date on extradition warrant requests being considered by which each of the 71 requests still under consider- his Department; the persons involved; the length ation was received in my Department, as well as of time each request has been in existence; the the principal offence identified in each.

Table 1. Requests under Part 11 of the Extradition Act 1965 as amended

Request No. Date Received Principal Offence

1 18/1/02 Murder/Robbery 2 29/11/02 Theft/Driving Offences 3 5/9/03 Rape 4 23/10/03 Robbery 5 12/12/03 Public Disorder 6 5/2/04 Fraud/Forgery 7 6/5/04 Forgery/Fraud 8 25/5/04 Fraud/Forgery 9 25/5/04 Fraud 10 29/7/04 Sexual Assault 11 20/1/05 Offences relating to terrorism 12 20/1/05 Armed Robbery 13 6/4/05 Murder/Robbery 14 12/5/05 Embezzlement/Theft 15 25/5/05 Theft 16 25/5/05 Theft 17 1/6/05 Rape 18 2/8/05 Robbery 19 2/8/05 Theft/Assault 20 13/8/05 Theft/bodily injury 21 14/9/05 Training for Unlawful Activities/use of false documents 22 14/9/05 Training for Unlawful Activities/use of false documents 23 14/9/05 Training for Unlawful Activities/use of false documents 24 17/10/05 Fraud/Forgery 421 Questions— 2 November 2005. Written Answers 422

Table 2. European Arrest Warrants

No. of Offence Date Received Principal Offence

1 20/02/2004 Robbery 2 02/08/2004 Assault 3 16/08/2004 Fraud 4 16/08/2004 Forgery 5 29/08/2004 Rape 6 26/10/2004 Drug Trafficking 7 10/11/2004 Theft 8 24/11/2004 Robbery 9 24/02/2005 Indecent Assault 10 05/04/2005 Sexual Assault 11 14/04/2005 Sexual Assault 12 20/04/2005 Fraud 13 20/04/2005 Murder 14 16/05/2005 Conspiracy to Rob 15 17/05/2005 Attempted Murder 16 17/05/2005 Attempted Murder 17 02/06/2005 Assault 18 10/06/2005 Assault 19 16/06/2005 Death by Dangerous Driving 20 20/06/2005 Robbery 21 26/06/2005 Rape 22 28/06/2005 Fraud 23 29/06/2005 Racketeering 24 10/07/2005 Handling stolen goods 25 12/07/2005 Drug offences 26 13/07/2005 Terrorist Offences 27 14/07/2005 Theft 28 14/07/2005 Escape from Custody 29 22/07/2005 Fraud 30 27/07/2005 Robbery 31 09/08/2005 Attempted Murder 32 09/08/2005 Attempted Murder 33 09/08/2005 Attempted Murder 34 10/08/2005 Murder 35 12/08/2005 Robbery 36 17/08/2005 Robbery 37 12/09/2005 Fraud Type Offences 38 16/09/2005 Sexual Offences 39 28/09/2005 Drug Trafficking 40 30/09/2005 Drug Offences 41 30/09/2005 Robbery 42 05/10/2005 Assault/Robbery 43 14/10/2005 Robbery 44 18/10/2005 Fraud 45 21/10/2005 Murder 46 24/10/2005 Murder 47 24/10/2005 Murder

Garda Deployment. been drawn to the anti-social behaviour involving 495. Mr. Crowe asked the Minister for Justice, gangs of youths drinking in North Great Georges Equality and Law Reform if his attention has Street (details supplied); if his attention has 423 Questions— 2 November 2005. Written Answers 424

[Mr. Crowe.] I am assured by the Garda authorities that the further been drawn to the fact that the Garda is area will continue to receive regular attention regularly called but rarely attend; and if steps will from both mobile and foot patrols. Furthermore, be taken to ensure that there is a Garda presence a community garda is assigned to the area and to deter this menace to both residents and gives the location regular and ongoing attention. pedestrians. [31713/05] Public Relations Contracts. Minister for Justice, Equality and Law Reform 496. Mr. P. McGrath asked the Minister for (Mr. McDowell): Local Garda management indi- Justice, Equality and Law Reform the number cates that North Great Georges Street is a mainly and value of contracts awarded for public residential area lived in by a settled community relations projects by his Department since and that the street is regarded as one of the qui- December 2004. [31754/05] eter streets in the locality. In the year to date Minister for Justice, Equality and Law Reform there have been two recorded public order inci- (Mr. McDowell): The information, in so far as it dents in respect of the street. Licensed premises relates to projects funded from the Department’s in the immediate area are regularly visited and Vote, Vote 19, is set out in the following table. inspected by gardaı´. Local Garda management is These projects relate to awareness raising in not aware of any complaints from residents respect of important public policy issues rather regarding the non-attendance of gardaı´ at inci- than the provision of public relations advice to dents reported. me in any personal capacity.

Number of Contracts Value Name of Company/Project

1 contract — 2005 \11,070 Q4PR — Promotion regarding European Week Against Racism. 1 contract — 2005 Based on project to project basis (to end Q4PR — General Public Relations concerning 2005) rather than retainer basis, the the National Action Plan Against Racism. expected full value of the contract to year end — \30,000 approximately. Value of contract to date — \10,000 approximately. 1 contract — 2005 \64,555 Fleishman Hillard Saunders — General Public Relations for the National Disability Authority. 1 contract — 2005 \12,000 Carr Communications — Consultation on National Disability Strategy.

Minister for Justice, Equality and Law Reform Ministerial Staff. (Mr. McDowell): The information sought is set out in the following table. 497. Mr. P. McGrath asked the Minister for It should be noted that the great majority of Justice, Equality and Law Reform the number of work carried out by the two executive officers civil servants and other staff employed in his con- and two clerical officers is departmental, support- stituency office; and the grade and remuneration ing my private office, as opposed to constituency of each. [31769/05] office work.

Staffing of Ministers’ Constituency Office

Grade of Staff Level of Remuneration

2 executive Officers \28,021-\44,458 2 clerical Officers \20,181-\34,448 1 personal secretary* \386.87-\746.41p.w. + 10% attraction Allowance 1 personal assistant* \40,543-\51,463 * The personal assistant and personal secretary are not civil servants. They are appointed for the duration of the Minister’s tenure only.

Consultancy Contracts. Minister for Justice, Equality and Law Reform 498. Mr. P. McGrath asked the Minister for (Mr. McDowell): In the time available for Justice, Equality and Law Reform the number response it has not been possible to compile the and value of contracts awarded to outside con- detailed information requested. The information sultants by his Department in each of the last five requested is being collated and I will forward it years; the details of the contracts involved; and if to the Deputy shortly. these projects have reached fruition. [31784/05] 425 Questions— 2 November 2005. Written Answers 426

Ministerial Staff. crimes of thefts from mechanically propelled vehicles and criminal damage to mechanically 499. Mr. P. McGrath asked the Minister for propelled vehicles for the past six months of 2005 Justice, Equality and Law Reform the number of in comparison to the same period in 2004. The civil servants and other staff in his press office; Garda is targeting known offenders who are sus- and the grade and remuneration of each staff pected to be engaging in the type of criminal member. [31799/05] activity referred to. Any breaches of the criminal Minister for Justice, Equality and Law Reform law detected by the Garda are followed by swift (Mr. McDowell): The information requested is action in dealing with offenders. I am assured that set out in the following table. local Garda management is ensuring a concen- trated and visible Garda presence is maintained Grade of Staff Level of Remuneration in the area.

1 assistant principal \57,630 — \71,859 Garda Deployment. \ \ 1 administrative officer 30,593 — 54,173 502. Mr. P. McGrath asked the Minister for 1 executive officer \26,618 — \42,238 Justice, Equality and Law Reform the number of 1 clerical officer \20,181 — \32,728 gardaı´ stationed in counties Longford and West- meath division for the last 20 years. [31816/05]

Minister for Justice, Equality and Law Reform Garda Investigations. (Mr. McDowell): I have been informed by the 500. Mr. Gormley asked the Minister for Garda authorities, responsible for the detailed Justice, Equality and Law Reform if he has satis- allocation of resources, including personnel, that fied himself with the progress being made to date the personnel strength of the Longford-West- in 2005 regarding the investigation into the mur- meath division as at 31 December in each year der of Mr. Joseph Rafferty; if former para- since 1985 and as at 28 October 2005 is set out in militaries were involved; and if he will make a the following table. statement on the matter. [31804/05] The division had its lowest number of officers in 1997 during and after the term of office of the Minister for Justice, Equality and Law Reform Administration before last. The personnel (Mr. McDowell): I am informed by the Garda strength has since increased by an additional 16 authorities that the investigation into the murder officers and will further increase as a result of the of Mr. Joseph Rafferty is ongoing and that local current recruitment campaign. Garda management is satisfied with progress made to date. With respect to the other matters Year Strength raised, I refer to my comprehensive statement to Seanad E´ ireann on 28 September 2005. 31/12/1985 256 31/12/1986 256 Crime Levels. 31/12/1987 262 501. Mr. Gormley asked the Minister for 31/12/1988 252 Justice, Equality and Law Reform if his attention 31/12/1989 248 has been drawn to the huge increase in house 31/12/1990 244 break-ins and vandalism of cars north of South 31/12/1991 249 Circular Road and Harrington Street in the 31/12/1992 258 Dublin South-East constituency; if he has dis- cussed this issue with the Garda Commissioner; 31/12/1993 248 the steps that are being taken to deal with this 31/12/1994 250 serious increase in crime; and if he will make a 31/12/1995 242 statement on the matter. [31805/05] 31/12/1996 241 31/12/1997 232 Minister for Justice, Equality and Law Reform 31/12/1998 238 (Mr. McDowell): The area referred to is policed by gardaı´ from Kevin Street station and consists 31/12/1999 237 of patrolling by uniformed gardaı´, the detective 31/12/2000 241 unit, the divisional crime task force, the crime 31/12/2001 235 prevention unit, the community policing unit, the 31/12/2002 240 Garda mountain bike unit and the district drugs 31/12/2003 243 unit. 31/12/2004 243 While there is an increase in the number of burglaries committed in the Kevin Street Garda 28/10/2005 248 district, there is an overall decrease in headline 427 Questions— 2 November 2005. Written Answers 428

[Mr. McDowell.] commitment in the agreed programme for The overall strength of the Garda Sı´ocha´na as at Government, is fully on target. This will lead to a 31 December 1985 and 28 October 2005 was combined strength, of both attested Gardaı´ and 11,182, all ranks, and 12,316, all ranks, respec- recruits in training, of 14,000 by the end of 2006. tively, representing an increase of 1,134, or 10%, The Garda Commissioner will now be drawing up in that period. The distribution of Garda person- plans on how best to distribute and manage these nel throughout the country, together with overall additional resources, and in this context the needs policing arrangements and operational strategy, of the Longford-Westmeath division will be fully are a matter for the Garda Commissioner and are considered within the overall context of the needs continually monitored and reviewed, taking of Garda divisions throughout the country. account of demographic and crime trends. Such monitoring ensures optimum use is made of 503. Mr. P. McGrath asked the Minister for Garda resources, and the best possible Garda Justice, Equality and Law Reform the number of service is provided to the general public. gardaı´ appointed to each Garda station in the Several Garda national units have been estab- counties Longford and Westmeath division for lished during the years such as the Garda national each of the past 20 years. [31817/05] immigration bureau, the Garda bureau of fraud investigations, the criminal assets bureau and Minister for Justice, Equality and Law Reform other specialist units. These units provide special- (Mr. McDowell): I am informed by the Garda ised policing services on a nationwide basis and authorities, responsible for the detailed allocation augment the policing services provided at div- of Garda resources, including personnel, that the isional level. The personnel strength of the personnel strength, all ranks, of each Garda national units is over and above the strength of station in the Longford-Westmeath division at the various operational Garda divisions. the end of each year 1997 to 2004, inclusive, and The accelerated recruitment campaign to reach as at 28 October 2005 is set out in the following a record force strength of 14,000, in line with the table.

Station ’97 ’98 ’99 ’00 ’01 ’02 ’03 ’04 28/10/05

Ardagh 11111111 0 Athlone 42 47 46 47 49 46 46 47 49 11111111 1 Ballinalee 11111111 1 Ballymahon 33233333 3 Ballymore 22211222 2 22222222 2 Castlepollard 23333333 3 11111111 1 Delvin 33333333 3 Drumlish 11111111 1 Edgeworthstown 66654555 4 Glasson 22211111 1 Granard 22 22 25 26 26 25 24 24 29 Kenagh 11111111 1 Kilbeggan 33333333 3 Killucan 33222333 2 Kinnegad 66666666 6 Lanesboro 88887767 6 Longford 39 38 36 37 33 40 45 44 45 Moate 54454454 4 Mullingar 69 71 71 75 73 72 71 72 73 Multyfarnham 22212221 1 11111111 1 Rathowen 11111111 1 33333333 3 Smear 11211111 1 Tarmonbarry 11111111 1 429 Questions— 2 November 2005. Written Answers 430

The number of gardaı´ serving in each Garda considered within the overall context of the needs station in the Longford-Westmeath division prior of Garda divisions throughout the country. to 1997 is not readily available and can only be obtained by the disproportionate expenditure of Drug Seizures. Garda time and resources. The accelerated recruitment campaign to reach 505. Mr. P. McGrath asked the Minister for a record force strength of 14,000, in line with the Justice, Equality and Law Reform the number of commitment in the agreed programme for drugs seizures which have taken place in Counties Government, is fully on target. This will lead to a Longford and Westmeath over the last ten combined strength, of both attested gardaı´ and years. [31819/05] recruits in training, of 14,000 by the end of 2006. The Garda Commissioner will now be drawing up Minister for Justice, Equality and Law Reform plans on how best to distribute and manage these (Mr. McDowell): It has not been possible within additional resources, and in this context the needs the timeframe involved to collate the information of the Longford-Westmeath division will be fully required. I will contact the Deputy directly when considered within the overall context of the needs the information is to hand. of Garda divisions throughout the country. Criminal Prosecutions. 504. Mr. P. McGrath asked the Minister for Justice, Equality and Law Reform the number of 506. Mr. P. McGrath asked the Minister for Garda recruits who graduated from Templemore Justice, Equality and Law Reform the number of College who have been assigned to Garda convictions which were secured following drug- stations in counties Longford and Westmeath in related crimes in counties Longford and West- each of the past five years. [31818/05] meath over the past ten years. [31820/05]

Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): I am advised by the Garda auth- (Mr. McDowell): I regret it has not been possible orities, responsible for the detailed allocation of in the time available to obtain the information resources, including personnel, that Garda requested. I will be in contact with the Deputy on recruits are assigned to stations as serving this matter when it becomes available. members of the force upon attestation. The number of gardaı´ allocated to Garda stations in Garda Stations. the Longford-Westmeath division following 507. Mr. P. McGrath asked the Minister for attestation in each of the last five years is set out Justice, Equality and Law Reform if a new Garda in the following table. station will be provided in Athlone, County Westmeath; the date this decision was made; the Year Allocation location of the proposed station; if a budget for the project has been allocated; the timeframe for 2001 10 the completion of same; and if he will make a 2002 2 statement on the matter. [31821/05] 2003 2 2004 5 Minister for Justice, Equality and Law Reform 2005 4 (Mr. McDowell): It is the intention to build a new Garda station in Athlone and, to this end, the Total 23 Office of Public Works are engaged in sourcing a suitable site in the town. Accordingly, until a site In addition, the divisional resources of the Long- has been secured by the Office of Public Works, ford-Westmeath division have been augmented I am not in a position to indicate a timeframe for by the permanent transfer of members of the completion of this project. The capital budget for Garda Sı´ocha´na allocated by way of interdiv- works to Garda stations is also the responsibility isional transfer. of that office. A new Garda station for Athlone The accelerated recruitment campaign to reach is part of an ambitious national Garda building a record force strength of 14,000, in line with the programme which has already resulted in many commitment in the agreed programme for Garda stations being modernised and many more Government, is fully on target. This will lead to a at various stages of modernisation. combined strength, of both attested gardaı´ and recruits in training, of 14,000 by the end of 2006. Garda Deployment. The Garda Commissioner will now be drawing up 508. Mr. P. McGrath asked the Minister for plans on how best to distribute and manage these Justice, Equality and Law Reform the number of additional resources, and in this context the needs gardaı´ in both counties Longford and Westmeath of the Longford-Westmeath division will be fully 431 Questions— 2 November 2005. Written Answers 432

[Mr. P. McGrath.] alcohol abuse and its effect on public order in the who are specifically assigned to working full-time Intoxicating Liquor Act 2003. One of the pro- on drug related issues. [31823/05] visions is the use of temporary closure orders. The Act broadened the application of the tem- Minister for Justice, Equality and Law Reform porary closure order penalty, which had been (Mr. McDowell): I have been informed by the introduced to combat under-age drinking, to Garda authorities, responsible for the detailed cover also convictions for a series of public order allocation of resources, including personnel, that offences, such as supplying intoxicating liquor to the number of gardaı´ working full-time on drug drunken persons and permitting disorderly con- related issues in the Longford-Westmeath div- duct on licensed premises. ision as at 27 October 2005 was six, all ranks. The Criminal Justice (Public Order) Act 2003 The accelerated recruitment campaign to reach has also been enacted, the main purpose of which a record force strength of 14,000, in line with the is to provide the Garda Sı´ocha´na with additional commitment in the agreed programme for powers to deal with late night street violence and Government, is fully on target. This will lead to a anti-social conduct attributable to excessive combined strength, of both attested gardaı´ and drinking. It does this by providing for the closure recruits in training, of 14,000 by the end of 2006. of premises such as pubs, off licenses, late night The Garda Commissioner will now be drawing up clubs and food premises, as well as the making of plans on how best to distribute and manage these exclusion orders on individuals, in addition to any additional resources, and in this context the needs penalty they might receive under the 1994 Public of the Longford-Westmeath division will be fully Order Act. considered within the overall context of the needs of Garda divisions throughout the country. Visa Applications. 510. Mr. Naughten asked the Minister for Public Order Offences. Justice, Equality and Law Reform when a 509. Mr. Gormley asked the Minister for decision will be made on an application for a visa Justice, Equality and Law Reform if his attention for a person (details supplied); and if he will has been drawn to the continuing problem of make a statement on the matter. [31873/05] anti-social behaviour for residents on Ranelagh Avenue from patrons of a late night premises; if Minister for Justice, Equality and Law Reform steps have been taken to deal with this problem; (Mr. McDowell): The visa application in question and if he will make a statement on the matter. was approved by my Department on 19 July 2005. [31871/05] Garda Stations. Minister for Justice, Equality and Law Reform (Mr. McDowell): I have first hand experience of 511. Mr. Crawford asked the Minister for the problem in question and I have taken up the Justice, Equality and Law Reform the situation matter with local Garda management on several regarding the old Garda barracks in Dowra, occasions. I have been assured that the area has County Cavan, that is attached to the courthouse; received increased Garda attention in the form of if same will be restructured and put back into use patrols. Garda management has been in touch as a Garda barracks; if it will be disposed of; and with the proprietor of the premises in question if he will make a statement on the matter. regarding the residents’ concerns which I share. [31888/05] I am informed that the enforcement of the liquor licensing laws and prevention of anti-social Minister for Justice, Equality and Law Reform behaviour remains a top priority for the Garda. (Mr. McDowell): The future of the old Garda When breaches of the law are detected offenders station in Dowra is a matter for consideration by are dealt with accordingly through the Courts. the Office of Public Works in consultation with Operation Encounter is a Garda initiative the local county council which owns the property designed to provide high visibility policing in and from whom the Office of Public Works hold problematic areas. It was established with a view a lease for the building. The Garda authorities to dealing effectively with public order issues in are satisfied with the current accommodation the community which occur particularly late at they have occupied in the town since vacating the night and the early hours of the morning, when old station on health and safety grounds and that social venues have closed. Garda management there are no plans to reoccupy the old station. keep this initiative under review so as to tailor it to respond to changing circumstances. Garda Training. Because of my concerns about the abuse of alcohol and its contribution to public order 512. Mr. J. O’Keeffe asked the Minister for offending and broader social problems, I brought Justice, Equality and Law Reform the training forward tough new provisions to deal with available to members of the Garda Sı´ocha´na in 433 Questions— 2 November 2005. Written Answers 434 interviewing children; his views on the opinion in legal framework in this jurisdiction within which the Ferns report that the specialist child protec- those agencies must operate. tion units in Northern Ireland might provide a useful model for implementation in the Republic Garda Investigations. of Ireland; and if he will make a statement on the matter. [31938/05] 514. Mr. Ferris asked the Minister for Justice, Equality and Law Reform the reason which led the Garda to eliminate a person (details supplied) Minister for Justice, Equality and Law Reform as a suspect in murder investigations following (Mr. McDowell): I have been informed by the consultation with the PSNI; and if he will make a Garda authorities that the training of members statement on the matter. [31982/05] of the Garda Sı´ocha´na in interviewing children is dealt with during the student-probationer edu- Minister for Justice, Equality and Law Reform cation-training programme as part of legal and (Mr. McDowell): It is not the practice to com- policing studies. It includes the Criminal Justice ment upon ongoing Garda investigations, which Act 1984, and its related Treatment of Persons are operational matters for the Garda authorities. in Custody Regulations 1987; the Child Care Act 1991; the Children Act 2001; lectures entitled, Offences within the Family. This lecture sets out Garda Deployment. the legal parameters within which children may 515. Ms C. Murphy asked the Minister for be interviewed. Justice, Equality and Law Reform the number of Training is provided to the general member- gardaı´ assigned to each Garda division; and if he ship of the Garda Sı´ocha´na through continuous will make a statement on the matter. [31983/05] professional development. The training of members in the interviewing of children is pro- Minister for Justice, Equality and Law Reform vided by the Garda Sı´ocha´na in liaison with the (Mr. McDowell): I have been informed by the Health Service Executive and other relevant Garda authorities, responsible for the detailed agencies in accordance with the children first allocation of resources, including personnel, that guidelines of 1999. This training is ongoing and it the personnel strength of each operational Garda is envisaged that all divisions will be completed division as at 28 October 2005 is set out in the shortly. In addition, members of An Garda Sı´och- following table. a´na participate in the postgraduate diploma course in child protection and welfare at Trinity Division Strength College, Dublin. On 25 October the Government accepted in Carlow/Kildare 332 principle the recommendations in the report of Cavan/Monaghan 370 the Ferns inquiry and gave a commitment to their Clare 268 implementation by line Departments and rel- evant agencies. With regard to the recommend- Cork City 615 ations relating to Garda procedures, I have for- Cork North 245 warded a copy of the report to the Garda Cork West 248 Commissioner who is considering it and taking D.M.R. Eastern 567 on board its recommendations in this regard. An D.M.R. North Central 667 Garda Sı´ocha´na is constantly examining ways of establishing best practice in the area of child pro- D.M.R. North 625 tection, in association with all other relevant D.M.R South Central 817 agencies. D.M.R. South 578 D.M.R. West 695 Police Ombudsman for Northern Ireland. Donegal 421 Galway West 373 513. Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if full co-oper- Kerry 266 ation is accorded to the Police Ombudsman for Laois/Offaly 281 Northern Ireland when requests on investigations Limerick 485 being conducted by its office; the type of co-oper- Longford/Westmeath 248 ation accorded and the areas not made available; Louth/Meath 526 the reasons therefore; and if he will make a state- Mayo 258 ment on the matter. [31958/05] Roscommon/Galway 248 Minister for Justice, Equality and Law Reform Sligo/Leitrim 267 (Mr. McDowell): Any requests for co-operation Tipperary 316 from the Police Ombudsman for Northern Waterford/Kilkenny 348 Ireland to agencies operating under my aegis Wexford/Wicklow 312 would be fully considered taking into account the 435 Questions— 2 November 2005. Written Answers 436

[Mr. McDowell.] ing comprehensive far-reaching public awareness The accelerated recruitment campaign to reach a and education programmes on violence against record force strength of 14,000, in line with the women together with appropriate training on commitment in the agreed programme for violence against women for public officials, the Government, is fully on target. This will lead to a Judiciary and health professionals; and if he will combined strength, of both attested gardaı´ and make a statement on the matter. [32034/05] recruits in training, of 14,000 by the end of 2006. The Garda Commissioner will now be drawing up Minister for Justice, Equality and Law Reform plans on how best to distribute and manage these (Mr. McDowell): The national steering commit- additional resources and, in this context, the over- tee on violence against women was set up in 1997 all needs of the Garda Sı´ocha´na will be fully to provide a co-ordinated response from the considered. many statutory and voluntary bodies involved in responding to the problem of violence against Land Registry Office. women. The Department of Justice, Equality and Law Reform, in conjunction with the committee, 516. Mr. J. O’Keeffe asked the Minister for has conducted a series of successful awareness Justice, Equality and Law Reform if his attention raising campaigns dealing with various aspects of has been drawn to the fact that for some time the this issue in recent years. The steering committee Land Registry Office has been returning original is developing a strategic plan for its work over title documents to owners or their solicitors using the next five to ten years, which will include the ordinary post rather than registered post; his development of a long-term and wide ranging views on whether a safer procedure would be to strategy for raising public awareness of the issue have the Land Registry Office revert to regis- of violence against women. The strategic plan tered post in view of the number of original docu- should be completed early next year and will be ments which have been lost in the post in recent widely circulated at that time. times. [32030/05] This strategy is expected to address the infor- mation and awareness needs of relevant public Minister for Justice, Equality and Law Reform officials and health professionals, in partnership (Mr. McDowell): The Land Registry and Registry with the training and education arrangements of Deeds are satisfied that they have taken already in place for the groups in question. In the adequate precautions in their postal arrange- case of the Judiciary, which is independent in the ments to ensure safe delivery of irreplaceable exercise of its functions under the law and the original documents which have not yet been Constitution, provision of training and education registered or recorded. I am informed by the is a matter for the Judicial Studies Institute, Registrar of Titles that, in general, original title established in 1996 for this purpose. My role in documents are retained and filed in the Land this regard is to support any programmes put in Registry after registration and are not returned place by the institute through funding made avail- to the applicant or the lodging party. I am further able in the courts Vote which is administered by advised that the policy in Land Registry is to the Courts Service. return documents by registered post when appli- cations for registration which are rejected, with- drawn, abandoned or refused; documents which Garda Vetting Services. relate to unregistered title; and original docu- 518. Ms O’Sullivan asked the Minister for ments taken from a pending dealing and returned Justice, Equality and Law Reform the categories to the lodging party for amendment. of persons working in a paid or voluntary capacity In the case of Registry of Deeds applications, under the aegis of his Department or for agencies original deeds lodged by post are returned to the or organisations funded by his Department who lodging party by ordinary post once the deed has are subject to Garda vetting to protect against been recorded in the registry. This system rep- child abuse; the timeframe to introduce vetting resents a cost effective method of transporting for all such persons who work with children and the large volumes of deeds processed and are not vetted; and if he will make a statement recorded by the Registry of Deeds. When an on the matter. [32061/05] application is being queried by the Registry of Deeds, all documents are returned to the lodging Minister for Justice, Equality and Law Reform party by registered post. It is not the general prac- (Mr. McDowell): With respect to child protection tice among solicitors to lodge original documents vetting, the vetting services of the Garda central to the registries by registered post. vetting unit are made available in respect of the Department’s Equal Opportunities Childcare Programme 2000-2006. In addition, all persons Violence Against Women. seeking to be appointed to full-time posts in the 517. Mr. O’Shea asked the Minister for Justice, Prison Service and the probation and welfare Equality and Law Reform his proposals regard- service are subject to Garda vetting. In accord- 437 Questions— 2 November 2005. Written Answers 438 ance with the recommendations of the multiag- It should be noted that all members of the Garda ency working group on Garda vetting, all organis- Sı´ocha´na have responsibility, inter alia, to deal ations that recruit persons who would have with community policing issues as they arise. substantial, unsupervised access to children and The accelerated recruitment campaign to reach vulnerable adults will be entitled to avail of the a record force strength of 14,000, in line with the vetting services of the Garda central vetting unit. commitment in the agreed programme for The augmentation of the Garda central vetting Government, is fully on target. This will lead to a unit’s existing vetting arrangements will com- combined strength, of both attested gardaı´ and mence on a phased basis upon decentralisation of recruits in training, of 14,000 by the end of 2006. the Unit later this month from Dublin to Thurles, The Garda Commissioner will be drawing up County Tipperary. plans on how best to distribute and manage these additional resources and, in this context, the over- Garda Deployment. all needs of the Garda Sı´ocha´na will be fully considered. 519. Ms C. Murphy asked the Minister for Justice, Equality and Law Reform the number of gardaı´ whose primary duties include engaging in Garda Stations. community policing in each Garda division. 520. Ms C. Murphy asked the Minister for [32064/05] Justice, Equality and Law Reform if it is intended to have the Leixlip Garda station open and fully Minister for Justice, Equality and Law Reform functioning in the lifetime of this Government; (Mr. McDowell): I have been informed by the and if he will make a statement on the matter. Garda authorities, responsible for the detailed [32065/05] allocation of resources, including personnel, that the number of gardaı´, all ranks, assigned to com- Minister for Justice, Equality and Law Reform munity policing duties in each Garda division as (Mr. McDowell): The current position is that the at 21 June 2005, the latest date for which figures Garda Sı´ocha´na has recently concluded consider- are available, is set out in the following table. ation of a sketch scheme of the proposed new station in Leixlip prepared by the Office of Public Division Community Works and have proposed certain amendments to Gardaı´ it. Once these amendments have been finalised and agreement on the sketch scheme has been Carlow/Kildare 4 concluded, it will be submitted to the Office of Cavan/Monaghan 3 Public Works which will progress the project as Clare 1 quickly as possible. Cork City 25 Cork North 0 Garda Strength. Cork West 0 521. Ms C. Murphy asked the Minister for D.M.R Eastern 43 Justice, Equality and Law Reform if the expan- D.M.R. North Central 73 sion of Garda resources from 12,000 to 14,000 as D.M.R. North 53 set out in the programme for Government was intended to include the new traffic corps; the D.M.R. South Central 39 strength of that force when the corps is fully oper- D.M.R. South 47 ational; if it is intended to recruit in excess of D.M.R. West 75 14,000 to allow for the traffic corps element; and Donegal 2 if he will make a statement on the matter. Galway West 14 [32066/05] Kerry 3 Minister for Justice, Equality and Law Reform Laois/Offaly 4 (Mr. McDowell): I have been informed by the Limerick 23 Garda authorities that the total number of gardaı´ Longford/Westmeath 6 allocated to traffic duties as at 19 October 2005 Louth/Meath 12 was 574, all ranks. A further seven gardaı´, all Mayo 0 ranks, are attached to the Garda national traffic Roscommon/Galway 0 bureau based at Garda Headquarters. The per- sonnel strength of the Garda Sı´ocha´na includes Sligo/Leitrim 6 personnel assigned to the Garda traffic corps. Tipperary 10 While the members of the traffic corps are Waterford/Kilkenny 16 specifically dedicated to traffic duties, all gardaı´ Wexford 0 have responsibility, inter alia, to deal with traffic duties as they arise. 439 Questions— 2 November 2005. Written Answers 440

[Mr. McDowell.] 6.5 Staff Officer posts, SO Last November I announced the establishment 67 Clerical Officer posts, CO by the Commissioner of a Garda traffic corps 9 Service Officer posts with a dedicated budget and staff structure. Fur- 1 Attendant post thermore, as a result of the Government’s approval of my proposal to increase the strength 2 Telephonist of the Garda Sı´ocha´na to 14,000 members, the 8 Cleaner Garda Commissioner will be in a position, as each 27 Professional/Technical grade posts. cycle of recruit training is completed, to assign additional new members to the areas of greatest In addition to this the Secretary General, with a need with particular regard to certain priorities. number of the members of my Department’s These priorities will include the traffic corps. MAC, will be based in Mullingar. The personnel strength of the Garda Sı´ocha´na The following percentages of those applying to stood at 12,316, all ranks, on 28 October 2005. decentralise by grade are based on the infor- Between now and 2008, the traffic corps will mation available to my Department from the increase its numbers to a complement of 1,200 on Public Appointments Service, PAS, on first pref- the following phased basis: erence priority applications through the Central Applications Facility, CAF, to decentralise with Year my Department to Mullingar and those new entrants who have undertaken to decentralise to 2006 805 Mullingar as a condition of employment: PO 6.0%; 2007 1,030 APO 16.37%; 2008 1,200. HEO/AO 8.21%; EO 6.91%; On Garda resources generally, the accelerated recruitment campaign to reach a record force SO 11.67%; strength of 14,000, in line with the commitment CO 6.21%; in An Agreed Programme for Government, is Service Officer 6.84%; fully on target. This will lead to a combined Attendant 0%; strength, of both attested gardaı´ and recruits in Telephonist 0%; training, of 14,000 by the end of 2006. Cleaner 0%; Decentralisation Programme. Professional and Technical grades 0%. The PAS has not furnished my Department with 522. Mr. P. McGrath asked the Minister for details of those who have applied to decentralise Education and Science the number of civil ser- to Mullingar as their second to tenth preferences vants who will be transferred to Mullingar in the priority applications or with details of those appli- decentralisation programme; the grades and cants who have made non-priority applications, numbers of staff required to have her Depart- namely those who applied through the CAF after ment operating fully; the percentage of staff by 7 September 2004. grade in the Department who have indicated a Application for decentralisation through the willingness to transfer to Mullingar; and the CAF is a voluntary process and it remains open number of staff by grade who have indicated they to any member of my Department to apply to are not willing to transfer. [31742/05] decentralise to Mullingar. In these circumstances we are not yet in a position to indicate the Minister for Education and Science (Ms number of staff by grade who have indicated Hanafin): A total of 301.5 whole-time equivalent definitively that they are unwilling to decentralise posts will transfer from my Department to to Mullingar. Mullingar as part of the Government’s prog- ramme of decentralisation. Apart from the Sec- retary General and the members of the Manage- Child Care Services. ment Advisory Committee, MAC, it is estimated 523. Mr. Gormley asked the Minister for Edu- that the following posts are required in order to cation and Science the reason VETOS grants for carry out the portion of the business of my child care for single mothers apply only to chil- Department that will be conducted from dren under the age of five; if she intends to Mullingar: change same; and if she will make a statement on 14.5 Principal Officer, PO, posts, the matter. [31881/05] 30.5 Assistant Principal Officer, APO, posts, 587. Mr. Gormley asked the Minister for Edu- 58 Higher Executive Officer/Administrative Officer posts, HEO/AO cation and Science if she will provide the list of grants available to single mothers to get back into 70 Executive Officer posts, EO 441 Questions— 2 November 2005. Written Answers 442 education; and if she will make a statement on included in the school building programme for the matter. [31878/05] 2006; and if she will make a statement on the matter. [31390/05] 588. Mr. Gormley asked the Minister for Edu- cation and Science if there are grants and subsid- Minister for Education and Science (Ms ies available for child care for single women who Hanafin): The school in question first made an wish to get back into education; if so, if she will application for an extension in September 1999. list the criteria; and if she will make a statement It is not my Departments policy to provide details on the matter. [31879/05] of estimated costs as to do so might prejudice the tender outcome for the project. 589. Mr. Gormley asked the Minister for Edu- The project was included in the expansion of cation and Science the reason VETOS grants for the devolved scheme for primary school building child care for single mothers apply only to chil- works for 2005. A grant was sanctioned to enable dren under the age of five; if she intends to the management authorities of this school to change some; and if she will make a statement on provide additional accommodation. the matter. [31880/05] The initiative allows boards of management to address their accommodation and building priori- Minister for Education and Science (Ms ties with a guaranteed amount of funding and Hanafin): I propose to take Questions Nos. 523 gives boards of management control of the build- and 587 to 589, inclusive, together. ing project. It is my understanding that the board To facilitate the participation of people with of management is at the pre-tender stage with the childcare responsibilities in further education, my project and expects that it will be on site by the Department provides funding to VECs to assist new year. toward the child care expenses of participants in certain further education programmes. These are Teachers’ Remuneration. the vocational training opportunities scheme, VTOS, Youthreach and senior traveller training 525. Mr. F. McGrath asked the Minister for centre programmes. Education and Science if a primary school The administration of these grants is a matter teacher (details supplied) in County Dublin will for individual VECs. Students in the relevant receive their full holiday pay; and if she will give programmes who feel entitled to such grants them the maximum support on this matter. should apply to their VECs. The disbursement of [31436/05] the grants is a matter for each VEC. The funds provide for the direct provision of cre`che facilities Minister for Education and Science (Ms in centres, or in rented premises, including staff, Hanafin): In order for a temporary teacher to equipment, refurbishment, rental, insurance and receive holiday pay for July and August of the other overheads and the purchase of places in school year in which he or she is working, the existing community or commercial creches. This teacher must commence employment as a tem- is subject to payment of a maximum of \63.50 per porary teacher during the month of September or week per child for a full day session, with pro rata on the first working day of October. adjustments for sessions of lesser duration. They A teacher who commences employment also provide for the payment of childminders, between October and 1 April will receive summer subject to a maximum of \63.50 per child per pay retrospectively if he or she secures a tempor- week for a full session, with pro-rata adjustments ary-permanent contract in September of the fol- for part-time sessions. lowing school year. In the event of a teacher not The grant is intended to be a contribution to securing a post in September, he or she will be costs. VECs determine the level of child care pro- entitled to holiday pay at a rate of 8% of the vision and have the discretion to bridge any gap hours worked, subject to a maximum of 20 days between the Department’s grant and actual costs in a school year. they approve. Towards this end, the imposition of A temporary teacher taking up employment an age limit on children applying for child care is from 1 April will receive payment for July and at the discretion of the VECs. August, one year after they take up the post. The teacher referred to by the Deputy worked as a temporary teacher on 4 and 5 October 2005 Schools Building Projects. and commenced employment again as a tempor- 524. Mr. Ring asked the Minister for Education ary teacher on 10 October 2005. If this teacher and Science the position regarding the provision continues to work as a temporary teacher until of an extension to a school (details supplied) in the end of the school year and secures another County Mayo; when this extension was first temporary-permanent contract for the 2006-07 applied for; the estimated costs of the work; the school year, she will receive payment retrospec- stage it is currently at; the dates that this appli- tively for July and August when she resumes in cation progressed to each different stage; if it is September 2006. 443 Questions— 2 November 2005. Written Answers 444

Schools Building Projects. funding should be submitted for consideration to my Department’s school planning and building 526. Mr. Stagg asked the Minister for Edu- unit. cation and Science the reason for the delay in providing funding to upgrade a school car park (details supplied); and if she will make a state- School Transport. ment on the matter. [31473/05] 528. Mr. Crawford asked the Minister for Edu- cation and Science if the school buses in counties Minister for Education and Science (Ms Cavan and Monaghan are meeting the new regu- Hanafin): The school to which he refers has sub- lations put forward last autumn that there would mitted an application for a new site entrance be one child per seat; the number of these buses under the summer works scheme for 2006. The which are not meeting this regulation; the action closing date for the receipt of such applications she will take regarding same; and if she will make was the 14 October 2005. All applications are cur- a statement on the matter. [31518/05] rently being assessed and a list of successful appli- cants will be published when the assessment pro- Minister for Education and Science (Ms cedure has been completed. Hanafin): Bus E´ ireann, which is responsible for All primary schools receive an annual minor the day-to-day operation of the school transport works grant from my Department. Each school services, has advised my Department that buses gets a standard rate of \3,809 together with a per serving post-primary centres in Cavan and pupil rate of \12.70. It is open to the school man- Monaghan are operating on the basis of one child agement authority to use this devolved grant for per adult seat. Buses serving primary schools the works in question provided it is not required which have seat belts fitted are also operating on for more urgent works. a one child per adult seat basis. As I announced on 27 July 2005, my intention is that all school 527. Mr. P. Breen asked the Minister for Edu- transport will be on a one child per seat basis by cation and Science the reason a school (details December 2006. supplied) in County Clare does not have a wheel- chair accessible entrance; and if she will make a School Inspections. statement on the matter. [31483/05] 529. Mr. Gregory asked the Minister for Edu- Minister for Education and Science (Ms cation and Science if she will make a statement Hanafin): In accordance with the Safety, Health on any issues of concern regarding a school and Welfare at Work Act 1989 individual school (details supplied) in Dublin 7. [31524/05] authorities are responsible in the first instance for ensuring the safety and welfare of children and Minister for Education and Science (Ms Hanafin): During the course of the normal school others in their care. Provision is built into the inspection process, my Department’s inspectorate annual school building programme to enable became aware of a number of issues at the school schools to address urgent health and safety issues referred to by the Deputy. The majority of those as identified by the school authority by way of an issues have now been resolved. annual allocation, currently amounting to \3,809 The inspectorate is continuing to work closely plus \12.70 per pupil, under the devolved grant with the school authorities to resolve any out- scheme for minor works. This allocation can be standing issues relating to compliance with the used entirely at the discretion of the school auth- rules for national schools. ority to address issues such as wheelchair access as required. Where schools are unable to address all issues arising on an incremental basis it is open School Transport. to the school authority to apply for funding from 530. Mr. P. Breen asked the Minister for Edu- my Department under the appropriate scheme, in cation and Science the reason a person (details this instance the summer works scheme. The clos- supplied) in County Clare is not entitled to school ing date for receipt of applications for the 2006 transport from their residence; and if she will summer works scheme was 14 October 2006. make a statement on the matter. [31531/05] However, the school will have an opportunity to apply under next year’s scheme should this be Minister for Education and Science (Ms necessary. Hanafin): The pupil referred to in the details sup- The Department also sets aside a contingency plied by the Deputy is not attending the post- sum each year to deal with emergency works in primary centre for the catchment area in which primary and post-primary schools, including she resides. The pupil is availing of school trans- health and safety works. If the school authority port from the catchment boundary of the centre considers that wheelchair access is required as a being attended. matter of urgency to accommodate a particular Under the terms of the post primary school pupil or staff member, then an application for transport scheme, a pupil is eligible for transport 445 Questions— 2 November 2005. Written Answers 446 is he or she resides 4.8 km or more from his or for additional facilities or repair works under the her local post-primary education centre, that is summer works scheme. [31547/05] the centre serving the catchment area in which they live. In addition, an eligible pupil may be Minister for Education and Science (Ms allowed the concession of transport, known as Hanafin): The closing date for receipt of appli- catchment boundary transport, to a centre other cations for the summer works scheme 2006 was than his or her local centre, provided there is a 14 October 2005. While the scheme was initially seat on the bus to that centre after all eligible advertised on my Department’s website on 18 pupils have been catered for. August last, it was subsequently widely publicised in advertisements in the national newspapers on Schools Building Projects. the 7, 8 and 11 September. These dates were specifically chosen to allow schools a settling-in 531. Mr. McGuinness asked the Minister for period at the commencement of the new school Education and Science the status of an appli- year. In addition, publication of the scheme was cation for an extension at a school (details brought to the attention of education umbrella supplied) in County Carlow; when a decision in groups and representative bodies for the pur- the case will be made; and if she will make a poses of bringing it to the attention of their statement on the matter. [31535/05] members. I am satisfied that, as the thrust of my Depart- Minister for Education and Science (Ms ment’s advertisement campaign took place after Hanafin): The school to which he refers submit- the appointment of the principal in question and ted an application to my Department for extra that advertisements were addressed to school accommodation under the scheme for the pro- authorities, which includes boards of manage- vision of additional classroom accommodation ment, the school has not been disadvantaged rela- 2006. The closing date for the receipt of appli- tive to all other schools. In the circumstances and, cations under this scheme was the 14 of October in the interest of maintaining the integrity and the 2005 and all applications received are currently openness and transparency of the scheme, I am being assessed. A list of successful applicants will not in a position to accede to the Deputy’s be published when the assessment procedure has request. been completed. It will, of course, be open to the school auth- ority to apply for funding under the 2007 scheme School Management. when it is announced next year. In the meantime the school authority can use its devolved grant 532. Ms Enright asked the Minister for Edu- for minor works to address any minor works it cation and Science the boards which have been might need. reconstituted to incorporate representatives for parents and teachers since her announcement regarding the expansion of the boards of manage- Special Educational Needs. ment of comprehensive schools in March 2005; 534. Mr. Lowry asked the Minister for Edu- and if she will make a statement on the cation and Science the number of children in each matter. [31546/05] primary school in County Tipperary who have been identified as needing speech and language Minister for Education and Science (Ms therapy services in the past four years; and if she Hanafin): With the exception of the Protestant will make a statement on the matter. [31566/05] comprehensive schools, agreement has been reached on the legal instruments underpinning 535. Mr. Lowry asked the Minister for Edu- the revised arrangements for boards of manage- cation and Science the number of children in each ment of comprehensive schools, and the schools primary school in County Tipperary who have concerned were advised to proceed with the been offered speech and language therapy arrangements for the election of the parent and services in each of the past four years; the number teacher representatives and the formation of the of children currently awaiting the preparation of new boards. My Department communicated this a speech and language report in primary schools to the schools concerned at the end of the last in the county; the number on waiting lists for a school year and is awaiting an update from each speech and language service; and if she will make of the schools concerned on how their individual a statement on the matter. [31567/05] arrangements have progressed. 536. Mr. Lowry asked the Minister for Edu- cation and Science the number of speech and lan- Schools Building Projects. guage therapists employed by her Department 533. Mr. Hayes asked the Minister for Edu- providing services for primary school children; cation and Science if a school (details supplied) the number of therapists responsible for County in County Tipperary can submit an application Tipperary schools; her plans to recruit additional 447 Questions— 2 November 2005. Written Answers 448

[Mr. Lowry.] scheme are available on my Department’s web- therapists; and if she will make a statement on site. NEPS provides assistance to all schools that the matter. [31568/05] suffer from critical incidents, regardless of whether they have a NEPS psychologist assigned Minister for Education and Science (Ms to them. In relation to all schools, NEPS pro- Hanafin): I propose to take Questions Nos. 534 cesses applications for reasonable accommo- to 536, inclusive, together. dation in certificate examinations. My Department does not hold details on the The Public Appointments Service has recently number of children who have been identified as established new recruitment panels for NEPS. needing speech and language therapy services in Regional panels are now in place and this will each primary school in County Tipperary, the enable my Department to give priority to filling number who have been offered speech and langu- vacancies in areas of greatest need. Any increase age therapy services, the number of children in the number of psychologists in NEPS will awaiting the preparation of a speech and langu- depend on the availability of resources and must age report or the number of children on waiting also take account of Government policy on public lists for a speech and language service. sector numbers. The provision of therapy services for people with disabilities, including speech therapy, is a 538. Ms O’Sullivan asked the Minister for Edu- matter for the Health Services Executive and cation and Science if an establishment day has funding is provided to the HSE for such purposes. been appointed for the purposes of sections 19 My Department does not employ speech thera- and 36 of the Education for Persons with Special pists for the delivery of speech therapy services Educational Needs Act 2004; if so, the relevant to schools or determine the children that should dates; and if she will make a statement on the receive these services and therefore would not matter. [31670/05] have details on the number of therapists respon- sible for schools in County Tipperary. The Minister for Education and Science (Ms recruitment of therapists is a matter for the HSE. Hanafin): The Education for Persons with Special Educational Needs Act was enacted in July 2004. 537. Mr. Lowry asked the Minister for Edu- On 14 July 2005 establishment day orders were cation and Science if her attention has been signed in respect of sections 19 and 36 of the Act. drawn to the crisis in speech therapy and psycho- The Education for Persons with Special Edu- logical services in primary schools in County cational Needs Act 2004 (Establishment Day) Tipperary; her proposals to improve the speech (Section 19) Order 2005, SI 508 of 2005, set 1 therapy and psychological services in same. October 2005 as the establishment day for the [31569/05] National Council for Special Education. The Special Educational Needs Act 2004 Minister for Education and Science (Ms (Establishment Day) (Section 36) Order 2005, SI Hanafin): As the Deputy will be aware, the pro- 509 of 2005, set 3 April 2006 as the establishment vision of therapy services for people with dis- day for the Special Education Appeals Board. abilities, including speech therapy, is a matter for the Health Services Executive and funding is pro- 539. Ms O’Sullivan asked the Minister for Edu- vided to the HSE for such purposes. My Depart- cation and Science if all sections of the Education ment does not employ speech therapists for the for Persons with Special Educational Needs Act delivery of speech therapy services to schools or 2004, including the right to an assessment of need determine the children that should receive these and an education plan, are legally operational; if services. not, when she expects that they will be oper- The number of national educational psycho- ational; and if she will make a statement on the logical service, NEPS, psychologists has increased matter. [31671/05] almost threefold, from 43 on establishment to 123 at present. All schools in County Tipperary have Minister for Education and Science (Ms access to psychological assessments for their Hanafin): The Education for Persons with Special pupils, either directly through NEPS psychol- Educational Needs Act was enacted in July 2004. ogists or through the scheme for commissioning On 14 July 2005 sections 1, 2, 14(1)(a), 14(1)(c), psychological assessments, SCPA, which is 14(2) to 14(4), 19 to 37, 40 to 44 and 50 to 53 of administered by NEPS. Schools that do not cur- the Act were commenced. Separate establish- rently have NEPS psychologists assigned to them ment day orders were made in respect of the may avail of the SCPA, whereby the school can National Council for Special Education and the have an assessment carried out by a member of Special Education Appeals Board, setting their the panel of private psychologists approved by establishment dates as 1 October 2005 and 3 NEPS, and NEPS will pay the psychologist the April 2006 respectively. A further commence- fees for this assessment directly. Details of this ment order was signed to commence sections 45 process and the conditions that apply to the to 49 with effect from 1 October 2005 abolishing 449 Questions— 2 November 2005. Written Answers 450 the council established under section 54 of the a public body had a regulatory or inspection func- Education Act 1998 and replacing it with the tion. Since the enactment of the legislation, my council established under the 2004 Act. These Department has been contacted by individuals sections could not come into effect prior to the and solicitors in relation to various institutions establishment of the new Council under section not specified in the Schedule, including the 19 of the 2004 Act. facility mentioned by the Deputy. The remaining sections relate mainly to the Following consideration of the matter and con- statutory assessment and education plan process sultation with relevant public bodies, I signed an for which the Act provides. These cannot come Order on 9 November 2004 which provided for into effect without the Council having an oppor- the inclusion of thirteen additional institutions in tunity to present an implementation report to the the Schedule. A further order was made on 1 July Minister which it must do before 1 October 2006. 2005 adding three institutions to the Schedule. On 21 October 2005 the National Council for The institution referred to by the Deputy did not Special Education published a call for sub- qualify for consideration under the provisions of missions in the national media on the implemen- section 4 of the Act. The question of including tation of the Act. The closing date for sub- additional institutions has now been fully con- missions is 13 January 2006 and should the sidered by my Department in consultation with Deputy wish to advise any interested groups on relevant Departments and it is not proposed to the suggested format in which submissions can be add further institutions to the Schedule at this made, there is information available on this from point. the Council. Schools Building Projects. Schools Refurbishment. 542. Ms Shortall asked the Minister for Edu- 540. Ms O’Sullivan asked the Minister for Edu- cation and Science the progress to date on the cation and Science if the necessary funding will application for permanent premises for a school be made available for the repair and upgrade of (details supplied) in Dublin 9; and the reason for a complex (details supplied) in County Limerick; the excessive delay in view of the fact that contact and if she will make a statement on the was first made with her Department in 1997. matter. [31672/05] [31674/05]

Minister for Education and Science (Ms 591. Mr. Carey asked the Minister for Edu- Hanafin): The design team working on the pro- cation and Science if she has examined the case posed refurbishment project at the school to of a school (details supplied) in Dublin 9 for per- which the Deputy refers has been asked to report manent accommodation; and if she will make a on remedial works required in the sports complex statement on the matter. [31919/05] also. This report is due to be submitted in the coming weeks and once it has been received a Minister for Education and Science (Ms decision can be taken on how to progress this Hanafin): I propose to take Questions Nos. 542 matter. and 591 together. The school referred to by the Deputy has made Residential Institutions Redress Scheme. an application for a new school building. In con- sidering this application, officials in school plan- 541. Ms O’Sullivan asked the Minister for Edu- ning section are carrying out a review of all-Irish cation and Science if Cheeverstown House, provision at primary level in the Ballymun area. Templeogue, Dublin 6W, will be included on the This review will take into account current and schedule of institutions covered by the Residen- future demographics, planned housing devel- tial Institutions Redress Board; the reason it has opments and the likely demand for all-Irish not to date been included; and if she will make a primary education in the area into the future. It statement on the matter. [31673/05] will also take account of the most cost effective manner in which this can be delivered. The out- Minister for Education and Science (Ms come of this review, which will be carried out as Hanafin): The Residential Institutions Redress quickly as possible, will inform a decision on the Act 2002 provides a statutory scheme of financial school’s application for capital grant aid. redress for persons who, as children, were abused while in residential institutional care. The scheme applies in respect of institutions specified in the Special Educational Needs. Schedule to the Act. Section 4 of the Act provides 543. Mr. Durkan asked the Minister for Edu- that the Minister for Education and Science may, cation and Science, further to Parliamentary by order, provide for the insertion in the Sched- Question No. 1255 of 28 September 2005 regard- ule of additional institutions in which children ing a school (details supplied) in County Kildare, were placed and resident and in respect of which if she has received further response from the 451 Questions— 2 November 2005. Written Answers 452

[Mr. Durkan.] Minister for Education and Science (Ms school authorities with a view to meeting require- Hanafin): An application for a general purpose ments to make the necessary provisions as orig- room and ancillary accommodation has been inally requested by the authorities appertaining received from the management authorities of the to the double autistic unit; if she has been in school referred to by the Deputy. The application further contact with the school authorities in this was assessed in accordance with the published regard or is likely to be in contact; and if she will prioritisation criteria, which was revised last year make a statement on the matter. [31675/05] following consultation with the education part- ners. In general a band three rating is applied to 544. Mr. Durkan asked the Minister for Edu- projects such as this one, where there is no deficit cation and Science when a decision will be made of mainstream classroom accommodation at the by the National Council for Special Education in school. The project is being considered in the respect of an application by a school (details context of the 2005-2009 school building and supplied) in County Kildare through her Depart- modernisation programme. ment for resources and staffing and so on for the double autism unit; the position in this regard; if Third Level Fees. the matter will be prioritised in view of the fact that this unit has been completed and ready for 546. Mr. Perry asked the Minister for Edu- occupation for the past two years and has cation and Science the reason universities are remained vacant; and if she will make a statement able to raise their fees by up to 20% each year on the matter. [31676/05] for postgraduate students; if this fee increase is initiated by universities or by her Department; if Minister for Education and Science (Ms initiated by her Department, the criteria on which Hanafin): I propose to take Questions Nos. 543 it is based (details supplied); if this fee increase and 544 together. is in line with the State’s policy of encouraging My Department received a response from the education; her views on whether such massive school in question on 1 November 2005 to its pro- increases are fair on students; if she will consider posals for resourcing the proposed autism unit at imposing a cap on fee costs for postgraduate the school. This response is now being considered students; and if she will make a statement on the within my Department. I also understand that the matter. [31733/05] local Special Educational Needs Organiser, SENO, is continuing to liaise with the school Minister for Education and Science (Ms authorities regarding the matter. Hanafin): The levels of tuition fees for postgradu- As the Deputy is aware my officials have been ate courses are set by individual universities and liaising with the school authorities in relation to not by my Department. The universities are resources to be made available to facilitate the autonomous institutions and, under the Univer- operation of the classes in the unit. My Depart- sities Act 1997, may determine the amount of ment has confirmed that the classes will be cap- such fees they charge. I am not aware that there able of catering for up to 12 pupils with autism at has been a general increase in postgraduate fees a pupil teacher ratio of 6:1. In addition, two full- of the magnitude outlined by the Deputy. Section time special needs assistants, SNA, will be allo- 473A, Taxes Consolidation Act 1997 provides for cated to each class. The National Council for tax relief on tuition fees, at the standard rate in Special Education, NCSE, through the local respect of approved courses at approved colleges SENO, will process the relevant application for of higher education including certain approved resources following receipt of a formal appli- undergraduate and postgraduate courses in EU cation from the board of management of the and non-EU member states. The maximum level school for the establishment of the classes. of qualifying fee for tax relief purposes in respect Additional SNAs for the classes may also be con- of the academic year 2005 to 2006 is \5,000. sidered by the SENO on the basis of the individu- Further details and application forms, IT 31 form, ally assessed needs of the pupils enrolled. to claim tax relief on tuition fees are available The Department is extremely anxious that this from the Revenue Commissioners. purpose-built facility for children with autism will become operational as soon as possible. Schools Building Projects. 547. Dr. Cowley asked the Minister for Edu- Schools Building Projects. cation and Science if a guarantee will be given 545. Ms Enright asked the Minister for Edu- regarding the site acquisition for a school (details cation and Science the way in which the principal supplied) in County Mayo; if her attention has and board of management of a school (details been drawn to the fact that the request for a per- supplied) in County Donegal can progress their manent school building is not new; if her atten- application from band three rating; and if she will tion has further been drawn to the fact that this make a statement on the matter. [31709/05] school will be homeless from June 2006 unless a 453 Questions— 2 November 2005. Written Answers 454 permanent site and building are acquired; if this these staff is in accordance with the Department project will be included in the 2005-2006 capital of Finance salary scales for the relevant grades. programme due to the imminent deadline for Arrangements are currently being finalised on a vacation of the present site and the need for further appointment and I will contact the teachers and pupils to be relocated to a new Deputy as soon as this process is concluded. school site or building; the measures which have been taken by her Department in relation to this Consultancy Contracts. project; the progress being made; and if she will make a statement on the matter. [31736/05] 550. Mr. P. McGrath asked the Minister for Education and Science the number and value of Minister for Education and Science (Ms contracts awarded to outside consultants by her Hanafin): I assure the Deputy that my Depart- Department in each of the past five years; the ment is well aware of the urgent need for an details of the contracts involved; and if these pro- accommodation solution for this school partic- jects have reached fruition. [31785/05] ularly given the limitations on the existing arrangement. The property management section Minister for Education and Science (Ms of the Office of Public Works, which acts on Hanafin): The information which the Deputy has behalf of my Department with regard to site sought is being compiled and will be forwarded acquisitions generally has identified a suitable site to him as soon as it becomes available. for the school referred to by the Deputy and the process of acquisition has been initiated. Due to Ministerial Staff. commercial sensitivities I am unable to comment 551. Mr. P. McGrath asked the Minister for further on the specific site acquisition. Education and Science the number of civil ser- Once the site acquisition is finalised, the build- vants and other staff in her press office; and the ing project required to provide a permanent grade and remuneration of each staff member. building for the school will be progressed in the [31800/05] context of the 2005-2009 school buildings and modernisation programme. As the board and Minister for Education and Science (Ms patron are already aware, the provision of interim Hanafin): There are four staff employed in the accommodation remains the responsibility of the press office of the Department of Education and board until such time as my Department is in a Science. This office deals with all press queries to position to provide a permanent solution. the Department. The grades of the staff are as follows: one press officer at assistant principal Public Relations Contracts. officer level; two higher executive officers; one executive officer. The amount paid in respect of 548. Mr. P. McGrath asked the Minister for salary for these staff is in accordance with the Education and Science the number and value of Department of Finance salary scales for civil contracts awarded for public relations projects by servants. her Department since December 2004. [31755/05] Schools Funding. Minister for Education and Science (Ms 552. Mr. Gormley asked the Minister for Edu- Hanafin): No contracts for public relations pro- cation and Science if she intends to increase State jects have been awarded by my Department since funding for Educate Together; if her attention has December 2004. been drawn to the fact that Educate Together’s finances are facing crisis; and if she will make a Ministerial Staff. statement on the matter. [31803/05] 549. Mr. P. McGrath asked the Minister for Minister for Education and Science (Ms Education and Science the number of civil ser- Hanafin): The level of funding my Department vants and other staff employed in her constitu- provides to Educate Together as a school man- ency office; and the grade and remuneration of agement body is on a par with that provided to each. [31770/05] Foras Patru´ nachta na Scoileanna La´nghaeilge, the Church of Ireland Board of Education, the Minister for Education and Science (Ms Islamic Board of Education and the National Hanafin): There are five staff employed in the Association of Boards of Management in Special constituency office of my Department. The Education. However, following discussions with grades of the staff are as follows: One personal Educate Together my Department has provided assistant at higher executive officer level; one additional funding to Educate Together in 2005 higher executive officer; one staff officer, to meet the immediate issues of concern to that employed on a half time basis; and two clerical body. The matter of the future funding to be pro- officers. The amount paid in respect of salary for vided to the primary management bodies, includ- 455 Questions— 2 November 2005. Written Answers 456

[Ms Hanafin.] entry to an approved course may not generally be ing Educate Together, in 2006 will be considered assessed as such for the duration of their courses. as part of the normal Estimates process. While the candidate in question is now 24 years With regard to support for the establishment of of age she will continue to be assessed for her new multi-denominational schools, it should be PhD under the terms and conditions of the noted that my Department has supported the scheme appropriate to her year of entry. There establishment of many new Educate Together is, however, provision under the terms of the 2005 schools in recent years. Of the 24 new schools schemes for candidates who are re-entering as granted provisional recognition in the past three mature students, following a break in study of at years, 12 of them are under Educate Together least one year, to pursue or complete an patronage, 11 of which are open. My Department approved course for the first time. Such candi- has made a number of changes in recent years dates may be assessed under the terms of the which have made the provision of accommo- scheme appropriate to the year in which they re- dation for new schools much easier. One of these enter. The terms of my Department’s schemes of changes, which was strongly welcomed by Edu- student support must be applied impartially and cate Together, was the abolition of the local con- it is not possible to make exceptions in individual tribution to the building costs for state-owned cases. There are no plans at present to make school buildings, which had cost up to \63,500 per changes to the existing arrangements. school. Other innovations include the develop- ment of the design and build model to provide permanent accommodation much faster, such as Schools Building Projects. in the case of the new Educate Together school 554. Mr. P. McGrath asked the Minister for in Griffeen Valley, Lucan, which was designed Education and Science the progress on a school and built in under 13 months. building project (details supplied) in ; when same will progress to construc- Higher Education Grants. tion; and if she will make a statement on the 553. Mr. Timmins asked the Minister for Edu- matter. [31825/05] cation and Science the position in relation to the reply to Parliamentary Question No. 721 of 18 Minister for Education and Science (Ms October 2005; if the criteria for qualification will Hanafin): The project referred to by the Deputy be examined (details supplied); and if she will is listed on the 2005 school building programme make a statement on the matter. [31813/05] to go to tender and construction. The revised stage 3 documentation, detailed design, is cur- Minister for Education and Science (Ms rently being examined by the Department’s tech- Hanafin): Under the terms of my Department’s nical staff. Once this stage is approved my third level maintenance grant schemes, a mature Department will devolve authority to the school student is defined as a candidate who is at least in question to proceed to planning permission, 23 years of age on 1 January of the year of entry tender and construction. or re-entry to an approved course. Mature students are categorised as either independent 555. Mr. P. McGrath asked the Minister for mature students or mature students dependent on Education and Science the progress on a school parents. An independent mature student is building project (details supplied) in County defined to mean a mature student who was not Westmeath; when same will progress to construc- ordinarily resident at home with his or her tion; and if she will make a statement on the parents from the October preceding their entry matter. [31826/05] or re-entry to an approved course. Independent mature students are assessed without reference to Minister for Education and Science (Ms either their parents’ income or address. Hanafin): The project referred to by the Deputy When assessing the means of students other is on the 2005 school building programme to go than independent mature students, the schemes specify that the students’ means and those of their to tender and construction. Planning permission parents or guardians must be below a prescribed and a fire certificate have recently been obtained limit. This provision requires that parental both of which were necessary before proceeding income be taken into account irrespective of the further. individual circumstances in any case where the student is not an independent mature student. 556. Mr. P. McGrath asked the Minister for Generally speaking, candidates continue to be Education and Science the progress on a school assessed under the terms and conditions of the building project (details supplied) in County scheme appropriate to their year of entry. Westmeath; when same will progress to construc- Accordingly, candidates who were not classified tion; and if she will make a statement on the as independent mature students at the time of matter. [31827/05] 457 Questions— 2 November 2005. Written Answers 458

Minister for Education and Science (Ms Longford; when same will progress to construc- Hanafin): The project referred to by the Deputy tion; and if she will make a statement on the is listed on the 2005 school building programme matter. [31831/05] to go to tender and construction. The Stage 3 documentation, detailed design, is currently being Minister for Education and Science (Ms examined by the Department’s technical staff. Hanafin): The project referred to by the Deputy Once this stage is approved my Department will is one of 43 that has been authorised to com- devolve authority to the school in question to mence architectural planning in 2005. The design proceed to planning permission, tender and con- team competitive appointment process is ongoing struction. at present and will be completed shortly. The architectural planning phase of the project will 557. Mr. P. McGrath asked the Minister for then commence with immediate effect. Education and Science the progress on a school building project (details supplied) in County 561. Mr. P. McGrath asked the Minister for Westmeath; when same will progress to construc- Education and Science the progress on a school tion; and if she will make a statement on the building project (details supplied) in County matter. [31828/05] Westmeath; when same will progress to construc- tion; and if she will make a statement on the Minister for Education and Science (Ms Hanafin): The project referred to by the Deputy matter. [31832/05] is listed on the 2005 school building programme to go to tender and construction. The Depart- Minister for Education and Science (Ms ment is currently awaiting receipt of the com- Hanafin): The school building section of my bined stage 1/2/3 documentation from the school Department has requested the board of manage- and its design team. ment of the school in question to submit sup- plementary information on their proposals for a 558. Mr. P. McGrath asked the Minister for school building project. Upon receipt of this Education and Science the progress on a school information, officials from my Department will building project (details supplied) in County liaise further with the board of management on Westmeath; when same will progress to construc- the matter. tion; and if she will make a statement on the matter. [31829/05] 562. Mr. P. McGrath asked the Minister for Education and Science the progress on a school Minister for Education and Science (Ms building project (details supplied) in County Hanafin): The project referred to by the Deputy Longford; when same will progress to construc- is listed on the 2005 school building programme tion; and if she will make a statement on the to go to tender and construction. The Depart- matter. [31833/05] ment is currently awaiting receipt of revised stage 3, detailed design, documentation from the school Minister for Education and Science (Ms and its design team. Hanafin): The school referred to by the Deputy was one of the 43 schools that I announced in 559. Mr. P. McGrath asked the Minister for March of this year to start the architectural plan- Education and Science the progress on a school ning process. I am pleased to inform the Deputy building project (details supplied) in County that a design team has been appointed on the Westmeath; when same will progress to construc- refurbishment and extension project at the above tion; and if she will make a statement on the school, and a combined stage 1/2/3, detailed plans matter. [31830/05] with costings, submission has been requested in a letter to the school authorities in July of this year. Minister for Education and Science (Ms On receipt of the requested submission, my Hanafin): The project referred to by the Deputy Department’s officials will be in a position to con- is on the 2005 school building programme to go to tender and construction. The Stage 3 docu- sider the school’s application further. Progression mentation, detailed design, is currently being of projects to construction will be considered in examined by the Department’s technical staff. the context of the school building and modernis- Once this stage is approved my Department will ation programme 2005-09. devolve authority to the school in question to proceed to planning permission, tender and con- 563. Mr. P. McGrath asked the Minister for struction. Education and Science the progress on a school building project (details supplied) in County 560. Mr. P. McGrath asked the Minister for Westmeath; when same will progress to construc- Education and Science the progress on a school tion; and if she will make a statement on the building project (details supplied) in County matter. [31834/05] 459 Questions— 2 November 2005. Written Answers 460

Minister for Education and Science (Ms 566. Mr. P. McGrath asked the Minister for Hanafin): The school referred to by the Deputy Education and Science the funding which has was one of the 43 schools I announced in March been allocated to a school (details supplied) in of this year to start the architectural planning pro- County Westmeath under the devolved capital cess. I am pleased to inform the Deputy that a projects; and if the required works have been car- design team has been appointed on the refur- ried out. [31837/05] bishment and extension project at the above school, and a combined stage1/2/3, detailed plans Minister for Education and Science (Ms with costings, submission has been requested in a Hanafin): The school to which the Deputy refers letter from my Department to the school auth- has applied for a new eight classroom school. A orities in July of this year. On receipt of the project of this size does not qualify for funding requested submission, my Department’s officials under my Department’s devolved capital initiat- will be in a position to consider the school’s appli- ives. Progress on the project will, however, be cation further. Progression of projects to con- considered in the context of the school building struction will be considered in the context of the and modernisation programme from 2006 school building and modernisation programme onwards under the allocation for large scale 2005-2009. building projects. In the meantime, the school has been allocated temporary accommodation to 564. Mr. P. McGrath asked the Minister for meet its immediate needs. Education and Science the funding which has been allocated to a school (details supplied) in 567. Mr. P. McGrath asked the Minister for County Westmeath under the devolved capital Education and Science the funding which has projects; and if the required works have been car- been allocated to a school (details supplied) in ried out. [31835/05] County Westmeath under the devolved capital projects; and if the required works have been car- Minister for Education and Science (Ms ried out. [31838/05] Hanafin): As part of the expansion of the devolved scheme for primary school building Minister for Education and Science (Ms works, a grant of \250,000 was sanctioned to Hanafin): As part of the expansion of the enable the management authorities of the school devolved scheme for primary school building in question to provide additional accommodation. works, a grant of \440,000 was sanctioned to The initiative allows boards of management to enable the management authorities of the school address their accommodation and building priori- in question to provide additional accommodation. ties with a guaranteed amount of funding and The initiative allows boards of management to gives boards of management control of the build- address their accommodation and building priori- ing project. It is my understanding that the board ties with a guaranteed amount of funding and of management has applied for planning per- gives boards of management control of the build- mission recently and expects that the project will ing project. It is my understanding that the board be on site by March 2006. of management has applied for planning per- mission recently and expects that the project will 565. Mr. P. McGrath asked the Minister for be on site by February 2006. Education and Science the funding which has been allocated to a school (details supplied) in 568. Mr. P. McGrath asked the Minister for County Westmeath under the devolved capital Education and Science the funding which has projects; and if the required works have been car- been allocated to a school (details supplied) in ried out. [31836/05] County Westmeath under the devolved capital projects; and if the required works have been car- Minister for Education and Science (Ms ried out. [31839/05] Hanafin): As part of the expansion of the devolved scheme for primary school building Minister for Education and Science (Ms works, a grant of \250,000 was sanctioned to Hanafin): As part of the expansion of the enable the management authorities of the school devolved scheme for primary school building in question to provide additional accommodation. works, a grant of \400,000 was sanctioned to The initiative allows boards of management to enable the management authorities of the school address their accommodation and building priori- in question to provide additional accommodation. ties with a guaranteed amount of funding and The initiative allows boards of management to gives boards of management control of the build- address their accommodation and building priori- ing project. It is my understanding that the board ties with a guaranteed amount of funding and of management has received planning permission gives boards of management control of the build- recently and the project is expected to be on site ing project. It is my understanding that the board in January 2006. of management will be making an application for 461 Questions— 2 November 2005. Written Answers 462 planning permission shortly and expects that the mission,developed sketch scheme, and when this project will be on site by March 2006. examination is completed will be in contact with the school authorities with regard to the next 569. Mr. P. McGrath asked the Minister for steps involved in progressing this building project. Education and Science the funding which has Progression of projects to construction will be been allocated to a school (details supplied) in considered in the context of the School Building County Westmeath under the devolved capital and Modernisation Programme, 2005-09. projects; and if the required works have been car- ried out. [31840/05] 572. Mr. P. McGrath asked the Minister for Education and Science the progress which has Minister for Education and Science (Ms been made through the architectural planning Hanafin): As part of the expansion of the stage of a school building programme (details devolved scheme for primary school building supplied); when the school will proceed to con- works, a grant of \250,000 was sanctioned to struction; and if she will make a statement on the enable the management authorities of the school matter. [31843/05] in question to provide additional accommodation. The initiative allows boards of management to Minister for Education and Science (Ms address their accommodation and building priori- Hanafin): The refurbishment and extension pro- ties with a guaranteed amount of funding and ject for the school referred to by the Deputy is at gives boards of management control of the build- an early stage of architectural planning. My ing project. It is my understanding that the board Department’s officials have been in contact with of management has received planning permission the school authorities in an effort to have the and expects that the project will be on site by mechanical and electrical element of a stage December 2005. three, detailed plans with costings, submission cleared and when this is completed will be in con- 570. Mr. P. McGrath asked the Minister for tact with the school authorities with regard to the Education and Science the funding which has next steps involved in progressing this building been allocated to a school (details supplied) in project. Progression of projects to construction County Westmeath under the devolved capital will be considered in the context of the School projects; and if the required works have been car- Building and Modernisation Programme, 2005- ried out. [31841/05] 09. Minister for Education and Science (Ms 573. Mr. P. McGrath asked the Minister for Hanafin): As part of the expansion of the Education and Science the progress which has devolved scheme for primary school building been made through the architectural planning works, a grant of \345,000 was sanctioned to stage of a school building programme (details enable the management authorities of the school supplied); when the school will proceed to con- in question to provide additional accommodation. struction; and if she will make a statement on the The initiative allows boards of management to matter. [31844/05] address their accommodation and building priori- ties with a guaranteed amount of funding and gives boards of management control of the build- Minister for Education and Science (Ms ing project. It is my understanding that an appli- Hanafin): The refurbishment and extension pro- cation for planning permission has been lodged ject for the school referred to by the Deputy is at and the board of management expects that the an early stage of architectural planning. A stage project will be on site by the end of November one, site suitability, briefing and site report, sub- 2005. mission has been requested in a letter from my Department to the school authorities in July of 571. Mr. P. McGrath asked the Minister for this year. On receipt of the requested submission, Education and Science the progress which has my Department’s officials will be in a position to been made through the architectural planning consider the schools application further. Pro- stage of a school building programme (details gression of projects to construction will be con- supplied); when the school will proceed to con- sidered in the context of the School Building and struction; and if she will make a statement on the Modernisation Programme, 2005-09. matter. [31842/05] 574. Mr. P. McGrath asked the Minister for Minister for Education and Science (Ms Education and Science the progress which has Hanafin): The refurbishment and extension pro- been made through the architectural planning ject for the school referred to by the Deputy is at stage of a school building programme (details an early stage of architectural planning. My supplied); when the school will proceed to con- Department’s officials are in the process of exam- struction; and if she will make a statement on the ining a recently received stage one and two sub- matter. [31845/05] 463 Questions— 2 November 2005. Written Answers 464

Minister for Education and Science (Ms Progression of projects to construction will be Hanafin): The refurbishment project for the considered in the context of the School Building school referred to by the Deputy is at an early and Modernisation Programme, 2005-09. stage of architectural planning. My Department’s officials are in the process of Telecommunications Services. examining a recently received revised stage two submission, outline sketch scheme. When this 577. Mr. P. McGrath asked the Minister for examination is completed my Department will be Education and Science the progress which has in contact with County Longford vocational edu- been made regarding the roll-out of broadband cation committee with regard to the next steps to all schools; the number of schools which have involved in progressing this building project. been connected to broadband to date; the com- pany which is providing the service. [31848/05] Progression of projects to construction will be considered in the context of the School Building Minister for Education and Science (Ms and Modernisation Programme, 2005-09. Hanafin): The roll-out of broadband internet con- nectivity to all recognised primary and post- 575. Mr. P. McGrath asked the Minister for primary schools is being undertaken in partner- Education and Science the progress which has ship with industry, following the establishment of been made through the architectural planning a three year \18 million joint Government-IBEC stage of a school building programme (details telecommunications and internet federation, TIF, supplied); when the school will proceed to con- fund. The broadband connectivity is being pro- struction; and if she will make a statement on the vided via a schools national broadband network matter. [31846/05] supported by HEAnet, which will provide man- aged Internet access, e-mail, security controls, Minister for Education and Science (Ms content filtering and other services designed to Hanafin): The refurbishment project for the enhance the educational process. A broadband school referred to by the Deputy is at an early support service is being provided by the NCTE stage of architectural planning. to assist schools with advice and information My Department’s officials contacted the rel- relating to the roll-out and ongoing use of their evant vocational education committee in broadband connectivity within the schools September of this year requesting a condition network. report and asking them to confirm if this work Following a public tendering process last year, could be done under the summer works scheme. contracts were awarded to six firms for the pro- The committee has submitted an application vision of access connectivity across the nearly under the 2006 summer works scheme for the 4,000 schools involved. These companies are refurbishment of the building. Officials in my Digiweb, Smart Telecom, Irish Broadband, BT Department have commenced assessment of all Ireland, Last Mile and HS Data. The contract for applications, including the one in question and I the provision of a broadband router at school will publish details of the successful applicants level, where appropriate, was awarded to Eircom. when this process is complete. The roll-out process is now well under way and the schools national broadband network and the 576. Mr. P. McGrath asked the Minister for service desk have been established and are Education and Science the progress which has operational. been made through the architectural planning As of 1 November 2005, the number of schools stage of a school building programme (details which have had their basic connectivity service supplied); when the school will proceed to con- installed was 1,801 and the number of schools struction; and if she will make a statement on the which have had their router installed, either sep- arately or as part of the basic connectivity service, matter. [31847/05] was 784. In this regard, the satellite provision for 135 schools contains the necessary functionality Minister for Education and Science (Ms and does not require the provision of a separate Hanafin): The building project for the school router. It is expected that the roll-out will be fully referred to by the Deputy is at an early stage of completed by March 2006. architectural planning. My Department’s officials have recently writ- ten to the school authorities in an effort to have School Staffing. the mechanical and electrical element of a stage 578. Mr. P. McGrath asked the Minister for three, detailed plans with costings, submission Education and Science the number of special cleared and when this is completed will be in con- needs assistants appointed from 1 September tact with the school authorities with regard to the 2005; the number of applications for special needs next steps involved in progressing this building assistants which have been refused; and if, in the project. case of refusals of such applications, she has car- 465 Questions— 2 November 2005. Written Answers 466 ried out assessments to justify such refusals. The action group recommended the introduc- [31849/05] tion of special rates of maintenance grants for disadvantaged students, usually referred to as Minister for Education and Science (Ms “top-up” grants and advised that an income limit Hanafin): I confirm for the Deputy that a total of should be fixed at a level which would, at a mini- 641 new appointee whole time equivalent special mum, include persons on unemployment assist- needs assistants, SNAs, were placed on my ance, long-term, with a qualified adult allowance, Department’s SNA payroll from 1 September full rate. The special rate of maintenance grant 2005. In addition, a total of 480 whole time equiv- was introduced for the 2000 to 2001 academic alent SNAs were re-appointed on my Depart- year. ment’s SNA payroll from 1 September 2005. In Following a review in early 2002, the income total, there are more than 6,600 whole time equiv- thresholds for the award of the special rate of alent SNAs in our schools supporting children grant were increased. In addition, the criteria was with special needs, more than 6,000 of whom are broadened significantly and a number of in primary schools and almost 600 in second additional social welfare payments were included level schools. as eligible payments for the purpose of the Where the care needs of a pupil have been scheme. Since 2002 to 2003, the total reckonable clearly identified in a professional report, and income limit has been based on the maximum where the criteria for the allocation of such sup- point of the old age contributory pension plus the port as outlined in circular 07/02 is met, it is not maximum qualified adult allowance for a person the case that such support would be refused or over 66 years. This yielded an annual income \ disallowed but that the support may be granted threshold of 15,626 for the 2005 scheme. on an individual or shared basis. The National To qualify for the top-up grant in the academic Council for Special Education will undertake to year 2005-2006 all candidates must satisfy the fol- review a decision on SNA support on foot of a lowing conditions. They must qualify for the ordi- request from a school or parents-guardians, when nary maintenance grant in respect of the accompanied by relevant additional information, academic year 2005 to 2006. Their total reckon- which may not have been to hand at the time of able income limit in the tax year to 31 December \ the decision. 2004 must not exceed 15,626, net of standard exclusions, as set out in the 2005 maintenance grants schemes and net of CDA payments, where Higher Education Grants. applicable. As at 31 December 2004, the reckon- 579. Mr. P. McGrath asked the Minister for able income of parent or parents, guardian or Education and Science the number of persons guardians, the candidate himself or herself or the who qualified for top ups for higher education income of the spouse or partner as the case may grants in each of the past five years. [31850/05] be, must include one of the eligible social welfare payments prescribed under the scheme. Where the reckonable income exceeds the 580. Mr. P. McGrath asked the Minister for “top-up” income limit of \15,626 the candidate is Education and Science the cut off point for top ineligible for ‘top-up’ grant assistance. The up higher education grants. [31851/05] decision on eligibility for third level grants is a matter for the relevant local authority or VEC. 581. Mr. P. McGrath asked the Minister for These bodies do not refer individual applications Education and Science the way in which a student to my Department except, in exceptional cases, is refused a top up for higher education grant where, for example, advice or instruction regard- when their parents’ only source of income is a ing a particular clause in the relevant scheme is disability payment from the Department of Social desired. and Family Affairs and this payment falls well If an individual applicant considers that he or below the income threshold for availing of such a she has been unjustly refused a maintenance grant. [31852/05] grant, or that the rate of grant awarded is not correct, she or he may appeal to the relevant local Minister for Education and Science (Ms authority or VEC. Hanafin): I propose to take Questions Nos. 579 Where an individual applicant has had an to 581, inclusive, together. appeal turned down, in writing, by the relevant The report of the action group on access to local authority or VEC, and remains of the view third level education, which was launched in July that the body has not interpreted the schemes 2001, made detailed recommendations concern- correctly in his or her case, a letter outlining the ing the target group of “those most in need” position may be sent to my Department. Alterna- which has been defined in terms of the child tively, as already indicated, the local authority or dependants of people receiving long-term welfare VEC may, itself, in exceptional circumstances, payments, where the necessary conditions are seek clarification on issues from my Department. fulfilled. However, it is not open to me, or my Depart- 467 Questions— 2 November 2005. Written Answers 468

[Ms Hanafin.] benefit, invalidity pension, unemployability sup- ment, to depart from the terms of the mainten- plement, the orphan’s pension associated with the ance grants schemes in individual cases. occupational injuries death benefit, occupational The following paragraphs outline the estimated injuries death benefit, that is, a pension for a number of persons who qualified for a top-up in widow or widower, old age contributory pension, the last five years based on information received orphan’s contributory allowance, unemployment from awarding authorities together with details of benefit which is continuous for at least 12 months, the rate of grant and the list of eligible payments widow’s or widower’s contributory pension and in respect of the 2005 to 2006 scheme. the retirement pension. As far as the award of a special rate of main- Third is the family income supplement, FIS. tenance grant in respect of the 2005-2006 Fourth, the designated programmes include the academic year is concerned, a candidates reckon- back to education allowance, the back to work able income, for the period 1 January 2004 to 31 allowance for employees, the back to work December 2004, the 2004 tax year, shall not enterprise allowance, the community employ- ´ exceed: \15,626 net of standard exclusions and ment scheme, FAS training programmes includ- net of child dependant increase paid by the ing apprenticeships, Jobstart, the part time job incentive scheme and the vocational training Department of Social and Family Affairs. opportunities scheme, VTOS. Fifth is the cate- As of 31 December 2004, this reckonable gory of others, which includes those: in receipt of income must include one of the social welfare payments under the Fa´ilte Ireland skills prog- payments listed as follows. First, the category of ramme equivalent to a social welfare payment; in social assistance payments includes blind person’s receipt of payments under the FIT, Fastrack to pension, carer’s allowance, deserted wife’s allow- IT, initiative equivalent to a social welfare pay- ance, disability allowance, farm assist, lone ment; who are participants on a training course parent’s allowance, unemployment assistance approved by a Department, State agency or area where held for 391 days or more, old age non- partnership and who were in receipt of an eligible contributory pension, one parent family payment, payment prior to progressing to the programme; orphans non-contributory pension, pre-retire- grant aided employees in social economy ment allowance, prisoner’s wife’s allowance and enterprises; and those in receipt of payments the widow’s or widower’s non-contributory under the senior traveller training centre pension. programmes. Second, the category of social insurance pay- The following table gives details of the number ments includes carer’s benefit, deserted wife’s of students who qualified for top-up grant.

Scheme 2000-01 2001-02 2002-03 2003-04 2004-05

Top-Up Holders 2,316 3,422 9,984 11,500 12,500 approximately.

School Transport. provision involving, perhaps, supervised transport by taxi. 582. Mr. P. McGrath asked the Minister for Education and Science the options available for transport for primary school students with special Institutes of Technology. needs who attend a special class many miles from 583. Mr. Kelleher asked the Minister for Edu- their home. [31853/05] cation and Science the position regarding the pro- vision of a third level college on the northside of Minister for Education and Science (Ms Cork city; if there has been any progress made Hanafin): The circumstances of each case are between the Higher Education Authority and her examined by the local special education needs Department in moving this project forward; if organiser, SENO, employed by the National University College Cork and the Cork Institute of Council for Special Education who makes a Technology are committed to this very important recommendation to my Department on the suit- facility; if all interested parties will meet to pro- ability of the placement and on the transport sup- ceed as quickly as possible and resolve outstand- ports required. ing issues; if she or the Office of Public Works My Department endeavours to provide school have been trying to secure a suitable site; if her transport services for children with special edu- attention has been drawn to the fact that a college cational needs on the basis of the SENO’s recom- (details supplied) is closing in the near future and mendation. that this will present a great opportunity to pur- Depending on the circumstances of the case, chase the site and situate a third level facility at such support might range from a place on a reg- same; if she is committed to providing this pro- ular school transport service to more specialised 469 Questions— 2 November 2005. Written Answers 470 posal; the progress to date; and if she will make site (details supplied) in Dublin 24 on 6 a statement on the matter. [31856/05] September 2005 put a proposal to her for the approval to erect a palisade fence around the site Minister for Education and Science (Ms in question; her views on this course of action; if Hanafin): As the Deputy is aware, in October planning permission from the relevant local auth- 1999 Cork Institute of Technology and University ority is necessary before such a structure is estab- College Cork made a joint proposal to establish lished; when her Department will be in a position a Cork college of higher education. A former city to erect such a structure; and if she will make a manager of Cork was appointed in January 2000 statement on the matter. [31858/05] to undertake further analysis of the project and this report was presented to my Department in Minister for Education and Science (Ms January 2001. A task force was then established Hanafin): The consultant has submitted a report to scope the detailed arrangements for the estab- to my Department with a proposal to erect pali- lishment of the college including site identifi- sade fencing around the three unsecured sides of cation, proposed course mix, management struc- the site. This work requires a planning tures, etc. A site for the proposed college was application. identified in the grounds of the diocesan college My Department has authorised the consultant at Farrenferris. to seek planning permission and obtain tenders However, the review and prioritisation of capi- for this work. tal projects in the higher education sector of 2004, the Kelly report, considered the proposal and Physical Education Facilities. stated that the group considered that the policy 585. Mr. Bruton asked the Minister for Edu- framework for this project required further cation and Science if her attention has been development before a meaningful review of the drawn to the impending decision to close the investment requirement could be undertaken. In sports complex at a school (details supplied) in light of the Kelly report, a re-examination of the Dublin 24 before December 2005; if financial sup- proposal would be required before any capital port will be made available to the school to funding, including capital funding to acquire a ensure that its sports complex remains financially site, could be considered. Pending such an exam- viable; and if she will make a statement on the ination it would not be appropriate to proceed matter. [31859/05] with the further development of the proposal. The Deputy should be aware that the number Minister for Education and Science (Ms of third level places in Cork has increased Hanafin): My Department has not been formally dramatically since 1999, when the proposal to informed that the facility to which the Deputy establish a Cork college of higher education was refers is to close. Officials will be making contact made, through a major expansion of both UCC with the school authority to ascertain the and CIT. position. Student numbers in UCC increased by 28% between 1998 and 2004, while student numbers in CIT increased by 43% during the same period. Health and Safety Regulations. Over \110 million has been invested in capital 586. Mr. Sargent asked the Minister for Edu- projects in these two instructions since 1997. cation and Science the current measures The number of students from Cork going to employed to ensure that all buildings used for third level in their home county or elsewhere in full-time education are both accessible from an the country has also increased considerably, with equality point of view and compliant with health an increase of more than 18% in the number of and safety standards; and if she will make a state- 17 to 19 year olds from Cork entering third level ment on the matter. [31865/05] between 1998 and 2003. Indeed the third level participation rate in Cork is above the national Minister for Education and Science (Ms average. Targeted measures are in place to assist Hanafin): It is the policy of my Department to students from disadvantaged areas in going to provide all new schools with access for all facili- third level and these are helping more students ties and special toilets for disabled teachers and from these areas to avail of a third level edu- students. In addition, new schools with two or cation than ever before. more storeys are provided with lifts. My Depart- ment advises school authorities and their design teams of accessibility requirements during the Schools Buildings Projects. architectural planning process of projects. 584. Mr. Bruton asked the Minister for Edu- Concerning access for all to existing school cation and Science if a consultant employed by buildings, my Department will respond as her to assess the works that were required at a promptly as possible to a request from a school 471 Questions— 2 November 2005. Written Answers 472

[Ms Hanafin.] building unit will visit both sites to prepare a authority for funding for adaptations necessary to report on the proposal to enable the process to allow any person with mobility problems to move on; if sanction for a new building on a site access the building. will be expedited; and if she will make a state- With regard to health and safety matters, indi- ment on the matter. [31927/05] vidual school authorities are responsible, in the first instance, for ensuring the safety and welfare Minister for Education and Science (Ms of children and others in their care. In accordance Hanafin): My Department was recently informed with the Safety, Health and Welfare at Work Act of a proposal to amalgamate the two schools to 1989, it is the responsibility of school manage- which the Deputy refers. As a matter of course ment authorities to have a safety statement in in amalgamation scenarios, technical inspections place in their schools. Schools are obliged to iden- are carried out on existing buildings to determine tify possible hazards, assess the risks to health which, if any, would be suitable to act as a host and safety and put appropriate safeguards in for the new school. My Department will be in place. direct contact with the school authorities in ques- tion when it is in a position to schedule a techni- Questions Nos. 587 to 589, inclusive, answered cal inspection of the buildings concerned. with Question No. 523. Vocational Education Committees. School Placement. 593. Mr. McGuinness asked the Minister for 590. Mr. O’Dowd asked the Minister for Edu- Education and Science the reason the hours of cation and Science if a school place will be found tutors have been cut in relation to a higher for a person (details supplied) in County Cavan; national diploma course (details supplied) being and if she will make a statement on the run by Kilkenny Vocational Educational Com- matter. [31882/05] mittee; if the reduced staffing hours will lead to a reduction of the modules to five for the years Minister for Education and Science (Ms 2005-06; the way in which the remaining 11 mod- Hanafin): Enrolment decisions are the responsi- ules can or will be delivered in the year 2006-07; bility of the board of management of each indi- if those participating in the course will be fully vidual school. My Department has no role in informed of the changes to the delivery of the respect of processing applications for enrolment course; and if she will make a statement on the by schools. matter. [31929/05] Section 29 of the Education Act 1998, provides parents with an appeal process where a board of Minister for Education and Science (Ms management of a school or a person acting on Hanafin): Teacher allocations to second level behalf of the board refuses enrolment to a schools and vocational education committees, student. Where a school refuses to enrol a pupil, VECs, are approved annually by my Department the school is obliged to inform parents of their in accordance with established rules based on right under section 29 of the Education Act 1998 recognised pupil enrolment. Each school manage- to appeal that decision to the Secretary General ment authority is required to organise its time- of my Department. Where an appeal under table and subject options having regard to pupils section 29 is upheld, the Secretary General of my needs within the limit of its approved teacher Department may direct a school to enrol a pupil. allocation. Apart from meeting requirements in The National Educational Welfare Board, respect of the provision of core subjects, the cur- NEWB is the statutory agency which can assist riculum offered in individual second level schools parents who are experiencing difficulty in secur- is a matter for the authorities concerned having ing a school place for their child. The NEWB can regard to its approved teacher allocation. My be contacted at National Educational Welfare Department has approved some 410 VPT, PLC, Board, National Headquarters, 16-22 Green places and an allocation of 25.63 wholetime Street, Dublin 7 or by telephone at 01-8738700. teacher equivalents for the provision of VPT, PLC, courses at County Kilkenny VEC for the Question No. 591 answered with Question 2005-06 academic year. This allocation is based No. 542. on a pupil teacher ratio of 16:1. The distribution of student places and the attendant teacher allo- Schools Amalgamation. cation across individual schools is an operational matter for County Kilkenny VEC. 592. Mr. McGuinness asked the Minister for Education and Science the status of a proposal Teachers’ Remuneration. to amalgamate two schools (details supplied) at Callan, County Kilkenny; if a technician from the 594. Mr. O’Shea asked the Minister for Edu- 473 Questions— 2 November 2005. Written Answers 474 cation and Science her proposals to allow primary tion, from 1 April 2004, of the revised scheme. teachers, who have not opted to pay a widow, Contributions at the 1.5% rate may also be pay- widower and orphans pension contribution in the able at retirement by a teacher who is not mar- past, to take up that option; and if she will make ried at that time but has been married at some a statement on the matter. [31939/05] stage since the introduction, from 1 April 2004, of the revised scheme. Minister for Education and Science (Ms A detailed circular setting out the arrange- Hanafin): The position is that the Government ments for the introduction of the revised scheme, has decided that all members of the national including the contribution conditions, issued to teachers’ and secondary teachers’ superannuation schools earlier this year, that is, to secondary schemes in service on 31 March 2004 should be schools in May and to primary schools in June. given the option of joining the revised spouses’ Arrangements are now being made to issue indi- and children’s contributory pension scheme. This vidual option forms to some 47,000 teachers and decision was taken following a recommendation it is expected that the teachers concerned will of the joint union and management working receive the option forms before the end of group which considered the introduction of pen- November. Teachers will have until 31 March sion reforms arising from the work of the Com- 2006 to exercise their options. mission on Public Service Pensions. The revised scheme provides pension benefits Departmental Records. for the spouse and children of the member and unlike the original scheme, includes provision for 595. Ms C. Murphy asked the Minister for Edu- the spouse of a member who marries after retire- cation and Science when her Department will ment, for the children of a member which are lodge records or copies of those records relating born after the member’s retirement and for non- to industrial schools and reformatories that are marital children. Persons in pensionable service currently held by the special school’s section of between 31 March 2004 and 31 August 2005 will her Department with the national archives; and if have the option of joining the revised scheme or she will make a statement on the matter. of retaining their existing status. This includes [32013/05] those teachers still in service who, on the intro- Minister for Education and Science (Ms duction of the original scheme, opted not to join Hanafin): I am aware of the provisions of the at that time. National Archives Act 1986 and the general Membership of the revised scheme will be requirement relating to transfer to the National mandatory for persons who commence teaching Archives of Department records which are more in primary, secondary, community and compre- than 30 years old. However, the Act also provides hensive schools on or after 1 September 2005. for the retention of records that are in regular Membership will also be mandatory for persons use by a particular Department and where their who return to teach on or after that date and who transfer to the National Archives would seriously were not in pensionable teaching service at any interfere with the administration of that time during the period from 31 March 2004 to 31 Department. August 2005. The contribution rates for teachers The records to which the Deputy refers are cur- who opt to join the revised scheme, having been rently in active use by officials of my Department members of the original scheme, will remain in complying with current legislation relating to unchanged at 1.5% of ongoing pay, together with, the Commission to Inquire into Child Abuse and where the teacher is married at retirement, 1% of the Residential Institutions Redress Board. Their pay at retirement in respect of pre-entry service, transfer to the National Archives at this time that is, service given before the introduction of would seriously hinder my Department’s ability the original scheme. Contributions at the 1% rate to meet its statutory and administrative obli- may also be payable at retirement by a teacher gations in facilitating and assisting the work of who is not married at that time but has been mar- the commission and the redress board. At this ried at some stage since the introduction of the stage, it is anticipated that the work of the both original scheme. will be completed in 2008 and, consequently, it is In line with the recommendations of the joint unlikely that my Department will be in a position union and management working group, increased to give consideration to the transfer of the rel- contributions will be payable by teachers who evant records to the National Archives until then. join the revised scheme, having previously opted not to join the original scheme: the contribution Departmental Guidelines. rates will be 2% of ongoing pay, together with, where the teacher is married at retirement, 1.5% 596. Mr. Stanton asked the Minister for Edu- of pay at retirement in respect of pre-entry cation and Science if her Department issues service, that is, service given before the introduc- policy or guidelines for secondary schools relating 475 Questions— 2 November 2005. Written Answers 476

[Mr. Stanton.] The overall aims of the SPHE curricula are to to pupils who are pregnant; the details of such a foster the personal development, health and well policy or guidelines; her plans to introduce such being of students and help them to create sup- a policy or guidelines if they do not already exist; portive relationships and become responsible citi- and if she will make a statement on the zens, to develop a framework of values, attitudes, matter. [32031/05] understanding and skills that will inform their actions and decision making and to establish and Minister for Education and Science (Ms maintain healthy patterns of behaviour. The RSE Hanafin): My Department does not prescribe any programme at senior cycle deals further with special rules for the treatment of pregnant school- these issues and addresses issues such as preg- girls by school authorities. However, I would nancy, contraception, sexually transmitted dis- expect that in dealing with any particular case, eases, sexual harassment, sexual assault and school management would have regard to the accepting sexual orientation. sensitivity of the situation and would have as its A national SPHE support service was estab- priority the well being of the pupil concerned. I lished in September 2000 and provides a full-time would hope that pregnancy would cause no more support service in collaboration with the areas of than a temporary absence from school and each the Health Service Executive to assist schools to pupil would be in a position to resume her edu- deliver the programme. SPHE programmes are cation following the birth of the child. designed to enable children and young people to It will be appreciated that no two sets of cir- develop a framework of values, attitudes, under- cumstances will be identical and, accordingly, standing and life skills that will inform their management practice will vary from case to case. decisions and actions both during their time in Generally, when it comes to the attention of the school and in their future lives. school that a pupil is pregnant, the school auth- orities check to ensure that the girl is receiving appropriate medical assistance and counselling Mental Health Services. advice. Schools endeavour to be sensitive and 598. Mr. O’Shea asked the Minister for Edu- understanding to the girl’s needs while trying to cation and Science her proposals to provide coun- ensure that her education is not neglected. Home selling and appropriate guidance where children tuition is provided to pregnant schoolgirls. It is have experienced violence in the family; and if provided to pupils who are absent from school she will make a statement on the matter. during the later stages of pregnancy or immedi- [32033/05] ately following the birth of a baby when attend- ance may be impractical. Minister for Education and Science (Ms Hanafin): As Minister for Education and Science, School Curriculum. I am always concerned for the general welfare of 597. Mr. O’Shea asked the Minister for Edu- children. Any experience that interferes with a cation and Science her proposals to introduce a child’s potential for learning is of particular con- meaningful sex relationship gender and gender cern to me. The National Education Psychologi- violence component into regular education prog- cal Service, NEPS, of my Department provides rammes; and if she will make a statement on the an educational psychological service to primary matter. [32032/05] and post-primary schools. The NEPS also sup- ports all schools in the context of traumatic inci- Minister for Education and Science (Ms dents arising from violence in the home or in Hanafin): All recognised primary and post- community. When a case involving circumstances primary schools are required to offer relation- such as those mentioned by the Deputy comes ships and sexuality education, RSE. It is an integ- to the attention of NEPS, guidance counsellors, ral part of the social, personal and health edu- teachers or principals, the child in question is cation, SPHE, curriculum at primary level and at always referred to the Health Service Executive, junior cycle post-primary level. In addition, all HSE, at local level for appropriate investigative schools are required to have an agreed school and therapeutic services. In addition, a guidance policy and a suitable relationships and sexuality and counselling service is available in all post- education programme in place for senior cycle primary schools. pupils. Comprehensive guidelines for junior cycle and senior cycle have also been published and Schools Building Project. distributed to schools by the National Council for Curriculum and Assessment, NCCA, to support 599. Mr. O’Dowd asked the Minister for Edu- the RSE aspects of the curriculum. An integrated cation and Science when a decision will be made SPHE programme at senior cycle incorporating in respect of the application for extensions to a RSE is also being developed. school (details supplied) in County Louth; and if 477 Questions— 2 November 2005. Written Answers 478 she will make a statement on the matter. cation and Science if she will provide a break- [32052/05] down of primary school class sizes for the towns of Drogheda and Dundalk in County Louth Minister for Education and Science (Ms showing in each case the number of pupils in Hanafin): My Department is in receipt of an classes of 19 or less, 20-29, 30-39 and 40 plus; and application for an extension at the school to if she will make a statement on the matter. which the Deputy refers. The long-term accom- [32056/05] modation needs of the school are under review and further information is awaited from its auth- Minister for Education and Science (Ms ority to finalise this matter. Progress on the pro- Hanafin): The information requested by the posed works will be considered in the context of Deputy is not readily available in my Depart- the school building and modernisation prog- ment. If the Deputy would like information on ramme from 2006 onwards. The school authority particular schools, I would be happy to provide it. has also applied to my Department for additional temporary accommodation. The school planning Schools Building Project. section of my Department will be in contact with the school authority shortly in relation to this 602. Ms O’Sullivan asked the Minister for Edu- matter. cation and Science if she has carried out an assessment of the five schools constructed under 600. Ms O’Sullivan asked the Minister for Edu- public private partnership; if so, if that assessment cation and Science if a school (details supplied) will be made available; and if she will make a in County Kildare has proceeded to advanced statement on the matter. [32057/05] architectural planning in accordance with a letter sent to the chairperson of the board of manage- Minister for Education and Science (Ms ment on 8 January 2004; if funding will be pro- Hanafin): My Department has implemented a vided in 2006 in order that construction can pro- rolling review, evaluation process and monitoring ceed; and if she will make a statement on the of the operation phase of the school bundle matter. [32055/05] public private partnership project. This process takes the form of regular meetings with the Minister for Education and Science (Ms school principals, both as a group and individu- Hanafin): The building project for the school ally, regular meetings with Jarvis personnel and referred to by the Deputy is at an early stage of detailed reviews of the monthly reports for each architectural planning. The school in question school provided by Jarvis as provided for under was listed in my announcement of April this year the project agreement. An interim evaluation as a project to progress through architectural report is being undertaken on each of the five planning up to pre-tender stage, namely, up to schools that covers the operation of the contract and including advanced architectural planning. on the ground and any issues of concern that The letter referred to by the Deputy in January have arisen. 2004 did give provision for the school in question In terms of educational impact, it is planned to to proceed to advanced architectural planning include each of the schools in the rolling prog- provided the sketch scheme at that time was ramme of whole school evaluation, WSE. From approved by my Department. However, the pro- my Department’s monitoring of the contract to ject did not move to advanced architectural plan- date, it is clear that the output and service ning as the brief changed in August of 2004 to requirements contained in the project agreement reflect an increase in enrolments at the school are being complied with. While there were some and it was necessary to request a revised sketch problems in the early days, particularly around scheme to take account of this. the delivery and quality of some items of equip- My Department’s officials are in the process of ment for specialist classrooms, these were ironed examining a recently received stage 2, developed out between the Department, schools and the sketch scheme, submission, which reflects the operator in accordance with the contract change in brief as of August 2004, and when this arrangements. examination is completed will be in contact with the school authorities with regard to the next Garda Vetting Procedures. steps involved in progressing this building project. Progression of projects to construction will be 603. Ms O’Sullivan asked the Minister for Edu- considered in the context of the School Building cation and Science the categories of persons and Modernisation Programme 2005-09. working in a paid or voluntary capacity under the aegis of her Department who are currently sub- ject to Garda vetting to protect against possible Pupil-Teacher Ratio. child abuse; the timeframe to introduce vetting 601. Ms O’Sullivan asked the Minister for Edu- for all such persons who work with children not 479 Questions— 2 November 2005. Written Answers 480

[Ms O’Sullivan.] dealing with peer pressure, influences on decision currently vetted; and if she will make a statement making, relationships and sexuality in terms of on the matter. [32058/05] values, reproductive system, tackling myths about sex and pregnancy, personal safety, substance use Minister for Education and Science (Ms and the impact of teenage pregnancy. Child pro- Hanafin): Ensuring the protection, health and tection guidelines that were distributed to post- welfare of children is a key concern for the primary schools in November 2004 were pro- Government, parents, agencies that work with duced in consultation with the partners in edu- children and society generally and I can assure cation to meet the needs for schools to have in the Deputy that the Government is determined place clear procedures which teachers and other to do all it can to keep our children and vulner- school staff should follow where they suspect or able adults safe. are alerted to possible child abuse. The guidelines In the education sector, vetting is available in reflect the particular circumstances of the post- respect of prospective employees of children in primary school setting and provide management detention schools as well as special needs assist- authorities and staff with guidance in relation to ants, SNAs, and bus escorts to children with recognising the signs and symptoms of child special needs. My colleague, the Minister of State abuse and with procedures for dealing immedi- at the Department of Education and Science with ately with such concerns. special responsibility for children, Deputy Brian A central facet of the guidelines is the require- Lenihan, announced a doubling of the number of ment for each board of management to designate staff employed in the unit to ensure that they can a senior member of staff as the designated liaison handle a greater volume of requests from person for the school. This person will act as a employers. The unit will commence the aug- liaison for the school in all dealings with the mentation of its existing vetting arrangements Health Service Executive, An Garda Sı´ocha´na upon decentralisation targeted for mid- and other parties, in connection with allegations November this year. The provision of additional of and/or concerns about child abuse and as a staff resources will enable the Garda Sı´ocha´na’s resource person to staff who may have child pro- vetting services to be extended to all persons tection concerns. working with children and vulnerable adults, including teachers, caretakers, bus drivers and 605. Ms O’Sullivan asked the Minister for Edu- others working with children. cation and Science the action she has taken to ensure that the Stay Safe programme or an equiv- Stay Safe Programme. alent is provided in all primary schools; and if she 604. Ms O’Sullivan asked the Minister for Edu- will make a statement on the matter. [32060/05] cation and Science if a programme equivalent to Stay Safe is widely available in post-primary Minister for Education and Science (Ms schools; the measures she has taken to ensure Hanafin): The issue of child protection and ensur- that children, teachers and school authorities at ing that all children in every primary school are post-primary level are empowered to counteract aware of child protection issues are high priority attempts at child sexual abuse; and if she will areas for my Department. The Stay Safe prog- make a statement on the matter. [32059/05] ramme is a personal safety programme for chil- dren. It is designed to give children the know- Minister for Education and Science (Ms ledge and necessary skills to help them deal with Hanafin): A national curriculum in social, per- potentially abusive or threatening situations. sonal and health education, SPHE, incorporating However, it is also recognised that the prog- relationships and sexuality education, has been ramme must cover those individuals closely developed at junior cycle level and been made involved with children on a daily basis, namely, mandatory for all schools with effect from parents, guardians and teachers. To this end, pro- September 2003. All schools are required to have fessional in-service courses for teachers and an agreed school policy and a suitable relation- parent awareness seminars have been put in place ships and sexuality education programme in place at individual school level. This is in addition to for senior cycle pupils. Comprehensive guidelines the teaching of a personal safety skills prog- for junior cycle and senior cycle have also been ramme to pupils. published and provided to schools by the NCCA The training of teachers, parents and boards of to support the RSE aspects of the curriculum. An management in the Stay Safe programme and the integrated SPHE programme at senior cycle development of guidelines and procedures for a incorporating RSE is being developed. school policy on child protection is provided by a The SPHE modules at junior cycle in post- network of 31 regionally based teachers who are primary schools deal specifically with belonging available to the programme on a part-time basis. and integrating, handling conflict constructively, This support supplements the assistance provided 481 Questions— 2 November 2005. Written Answers 482 by the Department of Health and Children, which Western Brigade is currently well served with maintains an administrative office for the Stay training facilities for RDF personnel at Finner Safe Programme. An initial one day in-service Camp, Donegal, Dun Uı´ Mhaoiliosa, Galway; training seminar on the Stay Safe programme has Custume Barracks, Athlone, Columb Barracks, been provided for all primary schools. Since the Mullingar, Connolly Barracks, Longford and Dun programme was introduced, 99.7% of primary Uı´ Neill, Cavan where accommodation and train- schools have participated in this training. At ing facilities are of the highest standard. The present, approximately, 80% to 85% of primary military authorities have informed me that there schools are teaching the programme to their is no evidence of overcrowding in RDF summer students. camps in the western brigade. Although it should be noted that the Stay Safe programme is not mandatory, the teaching of the Ambulance Service. overall issue of child protection is now an integral element of the subject of social, personal and 607. Dr. Cowley asked the Minister for health education, SPHE, which is part of the Defence his views on whether the air ambulance primary curriculum taught in every school. The service provided by the Air Corps should be on introduction of SPHE as subject on the revised more than an as is basis as these new helicopter primary school curriculum combined with the types will have the capacity of being configured implementation of the national child protection for the ambulance role, in view of the fact that guidelines Children First gave an additional parts of west Mayo have no ambulance base; if impetus to the Stay Safe programme. It is a he has formalised the arrangements for the pro- priority of my Department to ensure that a high vision of the air ambulance service with the level of awareness and necessary skills to address Department of Health and Children; and if he child protection issues, which includes the imple- will make a statement on the matter. [31474/05] mentation of the Stay Safe programme, is main- tained in all schools. For this reason, my Depart- Minister for Defence (Mr. O’Dea): The ment will continue to support the promotion of Department of Health and Children is respon- child protection within the context of the SPHE sible for policy formation in respect of pre- curriculum. hospital emergency care and the Health Service Executive has statutory responsibility for the pro- vision of ambulance services throughout the RDF Training. State. A detailed service level agreement for the 606. Dr. Cowley asked the Minister for provision of an air ambulance service by the Air Defence if money will be spent on Castlebar Corps, prepared by my Department and the military barracks, if so, the timeframe for same; Department of Health and Children, in consul- if his attention has been drawn to the fact that tation with the Health Service Executive and the the west is the only area in the country with no Defence Forces, which are all signatories to the current facilities for RDF training and that the agreement, has recently been finalised and summer training camps for the RDF are totally signed. The agreement sets out the range of the overcrowded; his views on whether the minimum service to be provided by the Air Corps, specifi- spend facility will be up to standard and available cally interhospital transfers for spinal and serious for use; and if he will make a statement on the injuries and illnesses, air transport of neonates matter. [31464/05] requiring immediate medical intervention within Ireland, air transport of patients requiring organ Minister for Defence (Mr. O’Dea): Castlebar transplants in the United Kingdom, air transport military barracks is primarily a Reserve Defence of organ harvest teams within Ireland and air Force facility and provides training facilities, transport of patients from offshore islands to office accommodation and storage facilities for mainland hospitals where the Irish Coast Guard Permanent Defence Force cadre and unit person- service is not available. nel of units stationed in the barracks. The military Both of the new helicopter types will have the have costed the refurbishment of some buildings capacity of being configured for the air ambul- necessary to effect compliance with building, ance role and an air ambulance kit is part of the health and safety and fire regulations to provide additional equipment ordered with the helicop- permanent accommodation and catering facilities ters. Both kits will be fully certified for airborne for RDF summer camps. The estimated cost of use and will enable the transfer of one patient approximately \4 million raises value for money with up to two medical personnel in the helicop- considerations. Therefore, there are no plans at ter cabin. Both systems will incorporate basic present to carry out any major building or refur- medical facilities such as electrical power, oxygen bishment works on the barracks. supply and suction. 483 Questions— 2 November 2005. Written Answers 484

Pension Provisions. Forces personnel medically discharged; and if he will make a statement on the matter. [31687/05] 608. Mr. Gormley asked the Minister for Defence the number of pensioners in the Defence Forces; the way in which their categories break 610. Mr. Gormley asked the Minister for down; the number which have been discharged Defence the number of Defence Forces person- with and without medical pensions; and if he will nel who have been discharged since the Gleeson make a statement on the matter. [31686/05] report with less than the maximum of 31 years or 21 years and less, who were not A1 medical; and 612. Mr. Gormley asked the Minister for if he will make a statement on the matter. Defence the ranks of the Defence Forces in [31688/05] receipt of a United Nations pension; and if he will make a statement on the matter. [31690/05] 611. Mr. Gormley asked the Minister for Defence the number of Defence Forces person- 613. Mr. Gormley asked the Minister for nel with more that three years service but less Defence the number of Defence Forces pen- than 21 years service who have been discharged sioners injured overseas; the number injured since the Gleeson report; the number of these here; the types of injuries suffered in the broadest who were officers; their average length of service; terms; and if he will make a statement on the the types of pensions they have received since the matter. [31691/05] Gleeson report; and if he will make a statement on the matter. [31689/05] Minister for Defence (Mr. O’Dea): I propose to take Questions Nos. 608, 612 and 613 together. 614. Mr. Gormley asked the Minister for The numbers of former members of the Perma- Defence the number of voluntary early retire- nent Defence Force currently in receipt of pen- ments there have been since the Gleeson report; sions from my Department are as follows: the number which were less than A1 since the Gleeson report; and if he will make a statement Type of Pension Category Number on the matter. [31692/05]

Service Pensions Officers 1,338 615. Mr. Gormley asked the Minister for Enlisted Personnel 6,563 Defence the number of persons who have taken voluntary early retirement since the Gleeson Disability Pensions Officers 124 report and who have received medical or service Enlisted Personnel 691 pensions; the number who have not; and if he will make a statement on the matter. [31693/05] These numbers include 548 personnel in receipt of both a service pension and a disability pension. Minister for Defence (Mr. O’Dea): I propose The pension entitlements of former members of to take Questions Nos. 609 to 611, inclusive, and the PDF arising from overseas service with the 614 and 615 together. United Nations are entirely a matter for my I am informed by the military authorities that, Department and the UN does not grant any since the publication of the Gleeson report in July such pensions. 1990, 293 members of the Permanent Defence The type of injuries for which disability pen- Force have been medically discharged. The aver- sions are granted is wide and varied and would age length of service of these personnel was 16.3 include the likes of back injuries, noise induced years. I am advised by the military authorities hearing loss, injuries to limbs and gunshot that the number of Permanent Defence Force wounds. Records are not maintained by my enlisted personnel who have been discharged Department in a format that would enable the since the Gleeson report with less than 31 years other specific information sought by the Deputy service and less than 21 years service is 9,182 and to be readily extracted. However, while precise 6,096, respectively. details are not available, it is estimated that over- The number of Permanent Defence Force per- all only a small proportion, less than 10%, of sonnel who have left the Permanent Defence service pensioners were discharged on medical Force with more than three years service and less grounds and that approximately 70% of the dis- than 21 years service since the Gleeson report is ability pensions awarded since 1 January 2000 4,084. This figure includes 430 commissioned were either wholly or partly related to service at officers who retired or resigned in this period. home. The average length of service of all of these per- sonnel was 12.7 years. The number of Permanent Defence Forces Personnel. Defence Force personnel who have taken volun- tary early retirement since the Gleeson report is 609. Mr. Gormley asked the Minister for 2,180. This figure includes officers who left the Defence the average term of service of Defence 485 Questions— 2 November 2005. Written Answers 486

Permanent Defence Force before their manda- and I have arranged with my office for the issue tory age of retirement and those persons of all to the Deputy of a copy of Defence Force Regu- ranks who availed of the voluntary early retire- lations A9, new series, on dress and medals. The ment, VER, scheme in the period 1996-98. A awards of the Military Medal for Gallantry, the total of 1,509 personnel availed of the scheme in Distinguished Service Medal or the Military Star the period 1996-98. All superannuation benefits Medal are made by the Minister for Defence on of former members of the Permanent Defence the recommendation of a military board Force are based on pensionable service and retir- appointed by the Chief of Staff for the purpose ing rank, payable by way of pension and-or gra- of examining and reporting on every recommend- tuity in accordance with the relevant provisions ation for an award. The military board consists of of the Defence Forces pensions schemes. such members as are appointed by the Chief of The additional statistical information requested Staff from time to time. by the Deputy regarding the medical categories of those discharged and the pensions awarded is Defence Forces Property. not readily available in either electronic or paper format. Such information could only be obtained 619. Mr. Gormley asked the Minister for from examining the personal and pension files of Defence the number of married quarters housing each member who left the Defence Forces over units there were in 1990; the number there are the past 15 years. This task would involve an inor- today; and if he will make a statement on the dinate amount of time and resources, which I do matter. [31697/05] not consider warranted by the public interest. Minister for Defence (Mr. O’Dea): For the past Questions Nos. 612 and 613 answered with number of years, it has been the policy of the Question No. 608. Department to discontinue married quarters in a managed and orderly manner. The provision of Questions Nos. 614 and 615 answered with housing is primarily a matter for the local auth- Question No. 609. orities and married military personnel have an equal claim on such housing as other members of the community in the same income category. Defence Forces Strength. While details relating to the year 1990 are not 616. Mr. Gormley asked the Minister for readily available, in 1993 there were a total of 517 Defence the number of persons still serving in the quarters, 61 for officers and 456 for enlisted per- Defence Forces but not doing duty; the grades sonnel. At present, a total of 155 such quarters and ranks of same; and if he will make a state- remain in service, 37 for officers and 118 for ment on the matter. [31694/05] enlisted personnel.

Minister for Defence (Mr. O’Dea): The infor- Defence Forces Recruitment. mation requested by the Deputy is not readily available. This information is being compiled by 620. Mr. P. McGrath asked the Minister for the military authorities and will be forwarded to Defence if he intends to review the height the Deputy at a later date. requirements for women wishing to enter the armed forces; the height requirements; and if he will make a statement on the matter. [31740/05] Military Medals. 617. Mr. Gormley asked the Minister for Minister for Defence (Mr. O’Dea): The Defence when Government guidelines relating to Government is committed to a policy of equal the issuing and wearing of military medals will be opportunity for men and women in the Defence made available to this Deputy; and if he will Forces, Army, Air Corps and Naval Service, make a statement on the matter. [31695/05] including the Reserve Defence Force, and to the full participation by women in all aspects of 618. Mr. Gormley asked the Minister for Defence Forces activities. In effect this means Defence if he will provide a list of the members of women are eligible on the same basis as men for the medal board; the person who appoints these participation in operational and ceremonial members; the persons to whom they are respon- activities, for assignment to all military appoint- sible; and if he will make a statement on the ments and educational and training courses and matter. [31696/05] for promotion. All female personnel undergo the same training and receive the same military edu- Minister for Defence (Mr. O’Dea): I propose cation as their male counterparts. to take Questions Nos. 617 and 618 together. In order to encourage increased participation I will be happy to provide the Deputy with a by women in the Defence Forces my predecessor copy of the relevant Defence Force regulation decided in March 1998 to reduce the height 487 Questions— 2 November 2005. Written Answers 488

[Mr. O’Dea.] a number are still outstanding. When these sub- requirement for all female recruits to 162.5 cm or missions have been received and examined, I pro- 5 ft. 4 in. This height requirement now also pose that officials, both civil and military, of my applies to male recruits. As I indicated to the Department will meet with representatives of House on 29 September that requirement is kept each of the organisations who made submissions under constant review. I have asked the military along with the Representative Association of authorities to report to me on it. I will review the Commissioned Officers, RACO, and the Perma- height requirement in the light of that report. nent Defence Force Other Ranks Representative The Defence Forces actively encourage female Association, PDFORRA, to consider the ideas applicants in a number of ways. Where possible, and suggestions to see what, if any, improvements all graphical advertisements and booklets pro- or changes can be made to the programme of duced for the Defence Forces show both male recruitment so as to encourage more females to and female personnel and emphasise that all join the Defence Forces. applicants are assessed on an equal basis. Stands at recruiting fairs are generally staffed by male Public Relations. and female personnel, and when the Defence 621. Mr. P. McGrath asked the Minister for Forces are invited to give talks at all female or Defence the number and value of contracts mixed schools, every effort is made to have a awarded for public relations projects by his female speaker. Department since December 2004. [31756/05] Over the past eight years, the strength of female personnel in the Permanent Defence Minister for Defence (Mr. O’Dea): My Depart- Force has grown from 244 at the end of 1997 to ment has not awarded any contracts for public 524 at the end of August 2005. This constitutes an relations projects since December 2004. increase of over 100% in the number of females serving over this period. On 5 August 2005 I Ministerial Staff. wrote to both the Department of Education and 622. Mr. P. McGrath asked the Minister for Science and the Department of Justice, Equality Defence the number of civil servants and other and Law Reform along with a number of outside staff employed in his constituency office; and the organisations seeking their views and recom- grade and remuneration of each. [31771/05] mendations on how more women might be encouraged to enlist in the Defence Forces. While Minister for Defence (Mr. O’Dea): The details to date a number of replies have been received, requested by the Deputy are as follows:

Grade Salary Scale

Personal Assistant \40,543- \51,463 Personal Secretary \386.87-\746.41 per week Executive Officer (1) \28,021-\44,458 Staff Officer (1) \30,428-\40,628 Clerical Officers (4) (of whom one is worksharing) \20,181-\32,728

Consultancy Contracts. the contracts involved; and if these projects have reached fruition. [31786/05] 623. Mr. P. McGrath asked the Minister for Defence the number and value of contracts Minister for Defence (Mr. O’Dea): The infor- awarded to outside consultants by his Depart- mation sought by the Deputy is set out in the fol- ment in each of the past five years; the details of lowing table.

Year Name Purpose Cost Status

\

2000 Mr. Mike Ginn To assist and advise with a tender 121,682 Completed competition for the supply of Medium Lift Helicopters for Search and Rescue

2000-01 Exselan Computer Systems To facilitate development of 22,093 Completed Department’s E-Government Strategy Statement 489 Questions— 2 November 2005. Written Answers 490

Year Name Purpose Cost Status

\ 2000-04 Brian Meehan & Associates Grounds of Appeal on behalf of 20,682 Completed the Minister relating to Aeronautical Development Planning & Development Control matters adjacent to Casement Aerodrome 2001 Deloitte & Touche Study in relation to the 127,925 Completed introduction of the Management Information Framework in the Department and the Defence Forces 2001 Intercontinental Aviation Carry out an Air Operations 55,442 Completed Consultants Safety Audit of the Air Corps 2001-02 Dr. Eileen Doyle (Chairperson) Report concerning 63,000 Completed the nature and extent of any harassment, bullying, discrimination and sexual harassment in the Defence Forces 2001-02 Gallagher & Kelly Public Relations Public relations service 32,048 Completed 2001 Margaret Considine Assist in the selection of 6,247 Completed advertising agency for a recruitment campaign for the Defence Forces 2002 Sweeney Communications Public relations service 12,235 Completed 2002 Dr. Eileen Doyle Chairperson, Monitoring Group to 20,000 Completed give effect to recommendations of the Report concerning harassment, bullying, discrimination and sexual harassment in the Defence Forces 2003 Dr. Eileen Doyle Chairperson, Monitoring Group to 97,400 Completed give effect to recommendations of the Report concerning harassment, bullying, discrimination and sexual harassment in the Defence Forces 2003 Mr. Colm Dunne Expenditure Review on 3,220 Completed “Maintenance of Aircraft in the Air Corps” 2003 Mr. Martin McCoy Assist in the Department’s 10,150 Completed preparations to seek ISO 9000 accreditation 2003 Deloitte & Touche Assist with specification and 26,740 Completed selection of Management Information Framework System 2004 Dr. Eileen Doyle Chairperson, Monitoring Group to 43,859 Completed give effect to recommendations of the Report concerning harassment, bullying, discrimination and sexual harassment in the Defence Forces 2004 Goldsmith Fitzgerald Partnership Climate survey analysis in relation 1,800 Completed to the performance management and development system (PMDS) 2005 Occupational Health Consultants Provision of information sessions 35,869 Completed for civilian employees in relation to asbestos 2005 Dr. Charles O’Malley Medical Advisor for Civil 6,400 Set Fee On-going (Term of 3 Defence per annum years from May 2005 491 Questions— 2 November 2005. Written Answers 492

[Mr. O’Dea.] Minister for Defence (Mr. O’Dea): The details In addition, consultants with appropriate expert- requested by the Deputy are contained in the fol- ise are engaged by the Department as necessary lowing table. In addition to dealing with media to provide technical services in connection with related matters, the press office is also respon- building, engineering and equipment projects, sible for dealing with all freedom of information and in connection with psychometric testing for requests to the Department. Army, Naval Service and Air Corps cadetships and trainee technicians. Grade Salary Scale It should also be noted that the Department has never included the following projects as con- Press Adviser \75,036-\92,813 sultancies: the payment of \1.5 million to date to Press Officer-Assistant Principal \57,630-\71,859 Oracle EMEA Limited in respect of implemen- Executive Officer \28,021-\44,458 tation services for the installation of new financial and management information systems for the Department and the Defence Forces, which is ongoing, and the full value of the contract is \2.6 Decentralisation Programme. million; and the payment of \1.92 million to date 625. Ms C. Murphy asked the Minister for to Hewlett Packard in respect of a contract signed Defence the issues which have arisen following on 18 December 2002 by the Department of the risk analysis conducted on his Department’s Defence and Hewlett Packard Ireland Limited decentralisation programme; the way in which it for the supply and maintenance of shore and ship is intended to address these issues; the projected based components of a Fisheries Control Project. cost of resolving these issues; the overall cost of The main objective of the project is to collect, his Department’s decentralisation programme; manage and disseminate fisheries protection and if he will make a statement on the matter. information to support all relevant stakeholders. [31980/05] The full value of the contract is \3.2 million and it will be completed this year. Minister for Defence (Mr. O’Dea): The issues which have arisen following the risk analysis con- ducted in my Department and the way in which Ministerial Staff. it is intended to address these issues is outlined 624. Mr. P. McGrath asked the Minister for in the following table. The projected costs of Defence the number of civil servants and other resolving these issues and the overall cost of my staff in his press office; and the grade and Department’s decentralisation programme are remuneration of each staff member. [31801/05] not yet determined.

Risks Mitigation Strategies

1 The loss of corporate memory. i. Process mapping; ii. Job guides. 2 Slow down of the defence modernisation process i. Strong leadership and strategic direction; ii. Early assignment of key personnel. 3 Reduction in quality or temporary loss of service to i. Staff in place in advance of decentralisation; customers. ii. Adequate training for new staff. 4 Inadequate time for training. i. Secure new staff as early as possible; ii. Early assessment of training requirements. 5 Loss of key staff to execute the tasks contained in this i. Match decentralising staff to essential roles within this plan. process. 6 Corporate isolation. i. Reinforcement of links with the centre and other Government Departments; ii. Support of central Departments; iii. Use of technology. 7 Possible loss of high performance culture. i. Strong leadership and strategic direction; ii. Training and development; iii. Stronger performance measurement and management within the MIF and through the use of the balanced scorecard; iv. Staff selection; v. Motivational supports; vi. Staff cooperation and partnership. 8 Staff demotivation. i. Strong leadership and strategic direction; ii. Motivational supports; iii. Communications; iv. Early decisions; v. Staff co-operation and partnership. 493 Questions— 2 November 2005. Written Answers 494

Risks Mitigation Strategies

10 Reliance on the CAF system i. Provision of timely and accurate information to the implementation group, management and staff; ii. Addressing the seniority issue; iii. Addressing the IT and specialist staffing issues. 11 Distract the Department from core business functions i. Strong leadership and strategic direction; and objectives ii. Motivational supports; iii. Staff co-operation and partnership. 12 Impact of decentralisation in other Departments on the i. Strong leadership and strategic direction; work of the Department ii. Motivational supports; iii. Staff cooperation and partnership. 13 Loss of IT expertise i. Training; ii. Outsourcing; iii. Comprehensive documentation. 15 Inadequate preparation i. Early planning; ii. Solid project management and implementation. 16 Loss of MIF implementation expertise i. Outsourcing of required skills ii. Procure and train replacements 17 Loss of social capital, bonding and bridging links within i. Secure new staff as early as possible; an organisation ii. Staff and management co-operation and support during the hand-over period; iii. Avail of Departmental networks.

Water and Sewerage Schemes. WSIP; and if he will make a statement on the matter. [31488/05] 626. Mr. Ring asked the Minister for the Envir- onment, Heritage and Local Government the Minister for the Environment, Heritage and position regarding a water scheme (details Local Government (Mr. Roche): The East Meath supplied) in County Mayo; the stage of the coastal sewerage scheme, which was funded scheme; the funding which has been committed under my Department’s water services invest- to the project; when the scheme will commence; ment programme, has been operational since late when funding will be approved for extensions to 2004. Meath County Council’s proposals to pre- the scheme; and if he will make a statement on pare contract documents to extend one of the two the matter. [31393/05] rising mains to cater for additional development is under examination in my Department and is Minister for the Environment, Heritage and being dealt with as quickly as possible. Local Government (Mr. Roche): The extension The Slane and Stamullen, Gormanstown, of the Lough Mask regional water supply scheme Mosney sewerage schemes were 13th and 15th, from Srah to Westport is approved for construc- respectively, in the list of water and sewerage tion in my Department’s water services invest- schemes submitted by Meath County Council in ment programme 2004-06 at an estimated cost of \ response to my Department’s request to all local 12.73 million. Further consideration will be authorities in 2003 to undertake assessments of given to Mayo County Council’s contract docu- the needs for capital works in their areas and to ments for the scheme on receipt of additional prioritise their proposals on the basis of the information requested from the council in assessments. The priority lists were taken into August. account in the framing of the Water services The Louisburgh water supply scheme, which investment programme 2004-06, published in includes Murrisk, is also approved for construc- May 2004. Given the ratings afforded to the tion in the investment programme at an estimated schemes by the council, it was not possible to \ cost of 5.3 million. Mayo County Council’s include them in the programme. I envisage that design report for this scheme is being dealt with local authorities will be afforded an opportunity as quickly as possible by my Department and fol- in 2006 to undertake fresh assessments of their lowing approval the council will be in a position needs and priorities which can then be taken into to prepare contract documents. account in subsequent phases of the programme.

627. Ms M. Wallace asked the Minister for the Environment, Heritage and Local Government Water Charges. the schemes (details supplied) which are included 628. Mr. Healy asked the Minister for the in the WSIP; if they are not included, when the Environment, Heritage and Local Government if next opportunity will arise for including them; the local authorities will be instructed to exempt reason they have not been included in the present primary schools from the imposition of water 495 Questions— 2 November 2005. Written Answers 496

[Mr. Healy.] 631. Mr. P. McGrath asked the Minister for the charges thus releasing funds for school education Environment, Heritage and Local Government and maintenance. [31532/05] the progress which has been made to date in 2005 regarding a waste water treatment facility (details Minister for the Environment, Heritage and supplied) in County Westmeath; if the project has Local Government (Mr. Roche): In accordance gone to tender; and the projected timeframe for with the EU water framework directive, the the completion of this project. [31707/05] national water services pricing policy framework provides for the recovery by sanitary authorities Minister for the Environment, Heritage and of the cost of providing water services from the Local Government (Mr. Roche): The Coole users of these services, with the exception of sewerage scheme is included in my Department’s households using the services for domestic pur- water services investment programme 2004-06 as poses. The policy framework requires full recov- a scheme to advance through planning at an esti- ery of the cost of providing water services to the mated cost of \2.9 million. Westmeath County non-domestic sector by means of a meter based Council’s preliminary report and water services volumetric charge and the full metering of this pricing policy report for the scheme is under sector by December 2006. The framework does examination in my Department and is being dealt not provide for the exemption of any classes of with as quickly as possible. Once these reports non-domestic users from the charging policy. have been approved the council will be in a posi- tion to proceed with the preparation of contract documents. National Parks. 629. Mr. Ring asked the Minister for the Envir- 632. Mr. P. McGrath asked the Minister for the onment, Heritage and Local Government the Environment, Heritage and Local Government position regarding a project (details supplied) in the progress which has been made to date in 2005 County Mayo; the position regarding this project regarding a waste water treatment facility (details at present; the meetings which have taken place supplied) in County Tipperary; if this project has in this regard; when the work is expected to com- gone to tender; and the projected timeframe for mence; and if he will make a statement on the the completion of this project. [31708/05] matter. [31698/05] Minister for the Environment, Heritage and Minister for the Environment, Heritage and Local Government (Mr. Roche): I refer to the Local Government (Mr. Roche): My Department reply to Question No. 1414 of 28 September 2005. has allocated \3.81 million under the National Development Plan 2000-06 for the construction Water Charges. of a new visitor centre to serve Ballycroy 633. Mr. Timmins asked the Minister for the National Park, County Mayo and a site has been Environment, Heritage and Local Government purchased in the village of Ballycroy. Planning the way in which local authorities calculate a permission has been obtained by the Office of mains water contribution charge; if it is based on Public Works, OPW, on behalf of my Depart- the number of units or square footage; the charge ment and tender documents are being prepared of same and the legislation that underpins it; if it by the OPW with a view to having a contractor varies across local authorities; and if he will make on site by April 2006. a statement on the matter. [31734/05]

Water and Sewerage Schemes. Minister for the Environment, Heritage and Local Government (Mr. Roche): In accordance 630. Mr. P. McGrath asked the Minister for the with the EU water framework directive, national Environment, Heritage and Local Government water services pricing policy provides for the full the situation regarding a waste water treatment recovery by sanitary authorities of the cost of pro- facility (details supplied) in County Westmeath; viding water services from the users of these if this scheme has been approved to go to tender; services, on the basis of average operational and and if so, the expected timeframe for completion marginal capital costs, with the exception of of this scheme. [31706/05] households using water services for domestic pur- poses. This recovery of the cost of providing Minister for the Environment, Heritage and water services to the non-domestic sector is to be Local Government (Mr. Roche): I understand mainly achieved by means of meter based volu- that Westmeath County Council will shortly be metric charges; metering of the non-domestic sec- inviting tenders for the scheme to provide waste tor for this purpose is to be completed by water facilities for Castletown Geoghegan. December 2006. 497 Questions— 2 November 2005. Written Answers 498

All projects funded under my Department’s public relations projects by his Department since water services investment programme now December 2004. [31757/05] require that the marginal capital cost of servicing non-domestic consumers should be met by the Minister for the Environment, Heritage and non-domestic sector. Marginal capital cost is to Local Government (Mr. Roche): Two communi- be calculated on the basis of existing and future cations contracts for public relations have been non-domestic capacity requirements which vary awarded by my Department since December from scheme to scheme. Non-domestic marginal 2004, one for a publicity campaign for the draft capital costs are recovered by a sanitary authority Register of Electors 2006-07 at a value of \ from all non-domestic consumers in its functional 148,158.15; and another for media support for area, on a county-wide basis, through a combi- the launch of the Burren LIFE project at a value \ nation of water charges on non-domestic of 423.50. The latter contract has been com- customers and planning levies on future develop- pleted and paid for in full. The former contract is ment. In general, the capital and operational costs still being mobilised and expenditure on it has not of water services provision is charged to the non- yet been incurred. domestic sector on the basis of metered use. The power for a local authority to charge for the sup- Ministerial Staff. ply of water is provided for in section 65A of the 635. Mr. P. McGrath asked the Minister for the Public Health (Ireland) Act 1878, as amended by Environment, Heritage and Local Government the Local Government (Sanitary Services) Act the number of civil servants and other staff 1962 and the Local Government (Financial employed in his constituency office; and the grade Provisions) Act 1997. and remuneration of each. [31772/05]

Minister for the Environment, Heritage and Public Relations. Local Government (Mr. Roche): Details of the 634. Mr. P. McGrath asked the Minister for the staff in my constituency office are set out in the Environment, Heritage and Local Government following table: the number and value of contracts awarded for

Permanent Civil Servants Temporary Unestablished Civil Servants

Number of Full Time Grade Number of Full Time Title Equivalents Equivalents

2 Executive Officers 0.8 Special Adviser (Principal Officer grade) 2 Clerical Officers 1 Personal Assistant (HEO grade) 1 Personal Secretary (Secretarial Assistant grade)

The salary scales for all administrative grades, ance website. www.finance.gov.ie, Circular except Secretarial Assistants which are detailed 24/2005. below, are available on the Department of Fin-

Weekly salary scale, incremental, for Secretarial Assistants on 1 June 2005.

\\\\\

386.87 408.62 434.39 469.88 505.37 542.79 579.66 614.13 649.28 682.67 707.46 719.20 734.13 746.41

Consultancy Contracts. requested is being compiled and will be com- 636. Mr. P. McGrath asked the Minister for the municated to the Deputy shortly. A considerable Environment, Heritage and Local Government amount of the information involved has been set the number and value of contracts awarded to out in reply to Question No. 1331 of 28 outside consultants by his Department in each of September 2005. the past five years; the details of the contracts 637. Mr. P. McGrath asked the Minister for the involved; and if these projects have reached Environment, Heritage and Local Government fruition. [31787/05] the number of civil servants and other staff in his Minister for the Environment, Heritage and press office; and the grade and remuneration of Local Government (Mr. Roche): The information each staff member. [31802/05] 499 Questions— 2 November 2005. Written Answers 500

Minister for the Environment, Heritage and The salary scales for these grades are available on Local Government (Mr. Roche): Staff details for the Department of Finance website. www.finan- the press office are set out in the following table. ce.gov.ie Circular 24/2005.

Temporary Unestablished Permanent Civil Servants Civil Servants

Number Grade Number Title

1 Press Officer (Principal 1 Higher Executive Officer Officer Grade) 1 Executive Officer 3 Clerical Officer

Fire Stations. with the preferred private partner. Pending the conclusion of these contractual arrangements, it 638. Mr. Ring asked the Minister for the Envir- would not be appropriate for my Department to onment, Heritage and Local Government when make available information which is commer- the proposed new fire station for Westport, cially sensitive or which might prejudice the con- County Mayo, will go to tender; if funding is in clusion of the arrangements. place for this project; when work is expected to start; and if he will make a statement on the matter. [31808/05] Decentralisation Programme. 640. Ms C. Murphy asked the Minister for the Minister of State at the Department of the Environment, Heritage and Local Government Environment, Heritage and Local Government the issues which have arisen following the risk (Mr. B. O’Keeffe): My Department has recently analysis conducted on his Department’s decentra- authorised Mayo County Council to invite ten- lisation programme; the way in which it is ders for the provision of a new fire station at intended to address these issues; the projected Westport, County Mayo, and has indicated that cost of resolving these issues; the overall cost of up to \2 million of grant aid will be available for his Department’s decentralisation programme; the project. Until the tender process has been and if he will make a statement on the matter. completed, it will not be possible to indicate when [31981/05] construction will commence. Minister for the Environment, Heritage and Waste Management. Local Government (Mr. Roche): My Department 639. Mr. Gormley asked the Minister for the submitted implementation plans to the Decentra- Environment, Heritage and Local Government if lisation Implementation Group on the decentra- the documentation he signed for a public private lisation of the Department’s Dublin operations to partnership for an incinerator on the Poolbeg four locations in the south east, Wexford, Water- Peninsula in Ringsend will be made available; ford, New Ross and Kilkenny. These plans are and if he will make a statement on the matter. also published on my Department’s website at [31874/05] www.environ.ie. The plans inter alia identify the risks attendant Minister for the Environment, Heritage and on the decentralisation process and measures Local Government (Mr. Roche): The public which are proposed to address these. The main private partnership, PPP, concerned is for a waste risks identified at this stage relate to loss of know- to energy plant which will be procured by Dublin ledge arising from the anticipated significant high City Council on behalf of the four Dublin local turnover of staff in all Dublin based areas of the authorities, in accordance with their joint waste Department. A number of mitigation strategies management plan. Under guidelines issued by the are in place or are being developed to facilitate Department of Finance, my Department is skills and knowledge transfer from existing staff required to monitor compliance by local auth- to their replacements. These strategies include orities with public policy in regard to PPP pro- the recruitment of new staff as early as possible, curement. Following submissions from Dublin phased transfer of existing staff out of the City Council, and consultation with the National Department, the implementation of a compre- Development Finance Agency, my Department hensive training and development plan and mak- has now issued the necessary certification of this ing available updated work guidelines and pro- compliance to Dublin City Council in the present cess maps. case. It is now a matter for Dublin City Council Other strategies will provide for the greater use to enter into resulting contractual arrangements of communication technologies such as intranet, 501 Questions— 2 November 2005. Written Answers 502 e-mail and video conferencing to deal with the Question refers to, the development plan also requirements of communication in a provides that no development shall be permitted decentralised environment. Further risks may be on any part of the lands until the town council identified as the implementation plans proceed and the Office of Public Works are satisfied that through further iterations and mitigation stra- all lands throughout the town that are located in tegies will be developed as additional information proximity to the riverbank, are not put at new or emerges about people, property and business increased risk from potential flooding. The issues. The overall costs of the decentralisation development plan also provides that before there programme to my Department cannot be quant- is any development on the lands the council shall ified at this stage, but will be agreed with the obtain its own expert advice from a competent Department of Finance in the context of the Esti- hydrologist and other experts and from the Office mates process over the lifetime of the prog- of Public Works and permission on the lands shall ramme. The more significant costs arising, which not be granted unless all reports indicate that the are being borne by the Office of Public Works, land is suitable for development. involve the acquisition and fit-out of office accommodation. Consultancy Contracts. 642. Ms C. Murphy asked the Minister for the Planning Issues. Environment, Heritage and Local Government if 641. Mr. Morgan asked the Minister for the a standard clause will be included in the contracts Environment, Heritage and Local Government of county managers that would prohibit them his views on the zoning for high density retail and from offering consultancy services directly linked residential development on land which forms part to their duties as county manager for a specific of a floodplain in Bray, County Wicklow and the time period following termination of their fact that this zoning contradicts advice from the employment; and if he will make a statement on Office of Public Works and town planners that it the matter. [32027/05] was not advisable to build on same; and his further views on the fact that this rezoning is Minister for the Environment, Heritage and inconsistent with the communication from the Local Government (Mr. Roche): I refer to the European Commission to the Council, the Euro- reply to Question No. 310 of 27 October 2005. pean Parliament, the European Economic and Social Committee and the Committee of the Regions on flood risk management, flood preven- Departmental Investigations. tion, protection and mitigation with regard to best 643. Mr. Morgan asked the Minister for the practice in respect of flood prevention (details Environment, Heritage and Local Government supplied). [31988/05] whether the actions of Donegal County Council at Cratlagh Wood on the main Carrigart Milford Minister for the Environment, Heritage and road where works by the council have resulted in Local Government (Mr. Roche): Bray Town the plundering of the forest, major destruction Council adopted its development plan for 2005 to and serious damage to the fauna and wildlife, 2011 on 12 April 2005. The question of including with bogland and wetlands destroyed will be objectives for the zoning of land for different uses investigated; and his views regarding the financial is a matter for each planning authority to address accountability of Donegal County Council on this in the context of its development plan. Under the matter. [32028/05] Planning and Development Act 2000, planning authorities may also include in their development Minister for the Environment, Heritage and plans objectives regulating, restricting or con- Local Government (Mr. Roche): I understand the trolling development in areas at risk of flooding. works referred to arose in the course of a road Development plan objectives may also included widening scheme carried out by Donegal County policies indicating that developers will be Council. My Department has investigated this required to support funding of flood defences matter, and considers that the impacts on wildlife needed for particular developments, either par- and natural habitats are not significant. tially or fully, depending on the circumstances involved. Road Safety. The Bray Town Council development plan includes a requirement to the effect that all 644. Ms C. Murphy asked the Minister for the development proposals must include appropriate Environment, Heritage and Local Government if measures for the protection of the subject site, he intends to review the low cost remedial and other lands in its vicinity, from flooding. In measures aimed at addressing accident black the case of the specific lands it is understood the spots which have been identified by local auth- 503 Questions— 2 November 2005. Written Answers 504

[Ms C. Murphy.] operated on national roads by the National orities; and if he will make a statement on the Roads Authority, NRA. The NRA assesses appli- matter. [32029/05] cations for grant assistance under this non- national roads scheme on behalf of my Depart- ment. The criteria for grant approval are based Minister for the Environment, Heritage and on accident data, inspection of sites, locations Local Government (Mr. Roche): The low cost showing demonstrable hazard and discussions safety improvement works scheme of grants for between the relevant local authority and the non-national roads was introduced by my Depart- NRA. I am satisfied with those criteria and I have ment in 2000 as an extension of the scheme no proposal to review the scheme at this stage.